The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-13


lie seemed troubled. A half hour Afterwards, ~
Mr.. and Mrs. 8. Ia the bed room. Witness won't
into her own room about O o'clock. MT. . uuo'
was partly open. Heard loud talking 10 the room
Listened q few moments aud then went 10 the
Kitchen. stsii there q long time. and repeated
what she had heard up sfairs. went ny s'n'iS
again and found Mr.. and Mrs. D. still tneir room
talking. The room was at the head ana 10 front
nj ehe sfers Went into the room about ociock,
to fix the FIRE.
Mar Brady showed the witness paper, with hcr
Gig nature afil xed, and asked If she signed hef
name 10 It at Mrs. SIS request. She replied yes.
kesumed-Miss Rideey also signed the paper
In her preseAce. Left the room after signing tue
paper. Mrs. Sickles' signature WAS Identified by
witness. Saw Mrs 8. write on the sheet OF paper
which witness signed. Witness returned 10 psd
about IL o'clock Mr.. s. and wife were 10 their
room up to that hour. Did not know whether
either Of them went TO bed that night. Mrs. 5.
remained on the floor sll night. Ia the room ad-
joining the bed room. Saw her next morning
sitting on the floor, with her head on chair
MIR. s. had gone down stairs. Mrs ;. staid on the
floor all day. She had on the same dress she had
worn the day before. During that night heard
Mr.. and Mrs. s. crying. In the morning, about
half past O'Clock, met Mr.. s. ON the stairs. He
was crying. His face was in his hands. He Sob
| bed, and frequently made EXPLANATIONS of grief
Witness went down to the kitchen aud began to
cry herself
ldr. Brady handed to the prosecution Mrs Sic.
kes' confession, written on tho night referred to
by witness.
Mr.. Guild objected to its introduction as testis
mony, and handed it to the Court for examina.
ton.
Mr.. Brady said that the paper was offered as ev-
idence of the increase of that state of mind under
| which the prisoner was laboriDg under when he
| killed Key.
| Mr.. 0uld said the evidence was inadmissable on
many grounds, striking, as it did, st the roots OF
| many of the most cardinal principles VI evidence.
| In the first place, il was mere hearsay. 1t was
ma min finpn al nu
and wife, the husband being the defendant in the
case. If the wife could not be witness 10 case
| like this in which her husband s concerned, this
evidence ceald not be introduced. He also con-
tended that neither could the paper be admitted as
showing increase of the prisoners state OF miud,un
der the influence of whch was alleged, the prise
ouer killed the deceased 1t was no legal evidence
| that the prisoner was insane when he committed
| the act. The facts of insanity should be proven
directly, and not indirectly, by means OF the paper
which it sought to introduce. The paper
could not be depended on as proof OF insanity.
| The Court proceeded to examine the, paper, OF
| which the following is copy
| CONFESSION OF MRS. sICKLES.
| 81 have been in the house on 18th street. with
| Mr.. Key; how many times l do not know; believe
| the house belongs to colored man; commenced
going there the latter part ofJanuary have been
| there alone and with Key; usually stay an hour
| or more in the front room, on the second story;
| there is bed in the room, and do what is usual
| for a wicked woman to dc; the intimacy common c
| ed this winter, when | came from New York. in
| that house, and it was intimacy Of an improper
| kiud we have met half dozen times or more, at
different hours of the dag; on Monday of this
week. and Wednesday also; We arranged the meet
ings when were the streets, and at parties;
never would speak to him when s was at home, be-
cause knew he did not like me to speak to him;l did
not Key for some days after got here; he then
told me he had hired house the place where he
aud could meet; agreed to IL; nothing to eat or
| drink was in the house: the room is heated by q
wood fire; L generally go there first We have
walked there tOgskher, say four times-1 do not
thing more; wal ere Wednesday last between
| y and O'clock; ] Went there alone; Laura was at
Marshal Hoovers: Key took her there aud loft her
| at my request; from Senator Douglas l went to
18th street to meet Key and from theie to the
| milk womsns; Immediately after Key left Laura
| at Hoovei's met him in 10Th street; l went in
| the back gate; ] went ia the sstae bedroom aud
| the improper intercourse was held / undressed
| myself; Key undressed himself also. This occur
| red Wednesday, the 23d Of February, 1859. Key
| has ssed me IN this house number of iimes. |
| do not deny that we have had connection in this
house, last Spring year ago, ia the parlor, The
| sofa. Mr. ckies was sometimes out of town and
sometimes at the capitol. think the intimacy
! commenced in April or May, 1858. did not think
it safe to meet him in this house, because the Ser
| wants might suspect something. As general
| thing have worn black and white wooden plaid
| dress and beaver hat trimmed " ith black velvet;
| have worn a black silk dress there, also plaid
silk and black velvet cloak, trimmed with fringe
| On Wednesday either had a brown dress or a
| black and white wooen dress, beaver hat and vo-
vet shawl. arranged with Key to 90 in the back
way, after leaving Laura at Hoover's. He mot ME
| at Senator Douolas'. The arrangement TO go iu
| the back way made either in the street or at
| Douglas as would be less likely TO be seen We
| arranged the Interview for Wednesday in the
| street | think on Monday / went in the front
| door. 1t WAS cpeu / occupied the same roon--
| We occupied the same couch. Mr.. Key has ridden
| in Mr. SickIes' carriage and called at his house
without the knowledge Of Mr.. s., and after my be.
| ing told not to invite him to do so. and against
| the repeated request of Mir. s.
| Signed, THERESA BAGIou
This is true statement, written by my,e IE
| without any nducement held cut by Mr. Sickles
| OF forgiveness or reward, and without any me-
mace from him This | have written with NV
bed room door open, and my maid and, child in an
| adjoining room-S1% O'Clock in the evening. Miss
| f'idgely is in tue house, within call
THERESA BAGIoLI
| LAFAYETTE SQUARE, Feb. &c, 1859,
Washington, ID. G.
| Mr. and Mrs pendIeton dined here two weeks
| ago last Thursday, with large party. Mr. Kew
| was also here, at my suggestion. lie was invited
because he lived in the same house, and also be-
| cause he had invited MIR aud Mrs Sickes to dine
with him, and Mr. SickIes wished to invite all
| those from whom we had received invitations
and MIR S. said to me edo as you choose"
| signed THERESA BAGIoLI
Written and signed in the presence of
RlDGELY,
BRIDGET DUffzY. Feb. 25.h, 1850.
| Mr.. Guild then went on to say, that it seemed
that the evidence proposed to be offered were in,
disputable on many grounds Ii struck at the car,
dinai principles OF the rules of evidence. 1t was
but hearing 1t was not only objection able in this
| respect, but as a communication between narties
whose relations were those of husband aud wife il
| would be the holding Of the law to exclude it
The law was, that the testimony of the wife could
not be taken either for or against the husband nor
| that of the husband for or against the wife II
seemed to him that both of these principles this
| evidence was Objectionable The speaker under
| stood that this evidence was not now offered rs
| ground OF justification while the fact it contained
would make for the accused, but to shew
the mental status of the party trial. 1t
already not evidence in Justification All the evil
| de1ce introduced to the jury ought to have some
logical connection. 1t was evidence only when
the parties were taken ia the act of adultery, and
then only as a justification to reduce the crime
| from murder to mansiaughter The means that pro-
duced insanity we're immateria. The true quess
ton was, whether the party was really insane or
not 1t was by no means necessary, that by the
receipt of such communication, the party was
| thrown into a condition Of mental insanity. The
true question was, what was The condition of Sic.
kles' mind st the time be received the communi.
cation-and subsequently,, upon ne ground could
this paper be given TO the jury to show even the
mental condition OF the accused, because it proved
nothing directly showing the state of his mind
Mr.. Graham replied that he understood the mo-
tive of the defence to be to show a narrative by
the wife to her husband signed by her in the pres
ence OF witnesses giving a statement of wrongs
done to herself and husband, to show the state Of
| mind of the prisoner at the time of the homicide
1t went to add to the pressure on the mind nm
der which be was when he committed the act
How far the unsupported statement Of the wife
was evidence, was for the jury to decide 1t was
matter for the jury when the Court would sub
NIT 1t to them as evidence It's competency WA
one thing, aud its effect another. Whether il was
made with any collision with her husband or not.
did not bear on its competency but its effect, liz
had been held that intoxcation was not to be
given az an excuse for the commission, when com
United under its influence. The defendant con.
tended that this testimony was competent. be.
cause il tended TO shcW The atatus of Ia a.i.a.s