New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-22
/ had often seen MI s.hl, before; do no. think h

e1prss,ioD, you would not have noticed It, would
youf
A. thirk rot. ~
F1 snstor BroShead Of Pen,ty lvsris, Mr.. H.lf-
msr snd John J. M,Eho1e were called, Dat hoA7 OF
then arsweret. . ,, ~,
Key wss my brother I.laF this Ii TIE paper Ftith
n,"fuc.5 yes,srdsy sra bsndtd to M Petd et7n.
Mr.. Caflisla-State sbst you know IN RELATION 10 w.
Witne-s-It wa shown - ne ~ MI feool-tln'
some four or FIVE days afr Mr.. heys death | ~as
then a. the honie Of Mr. Key; Teyuted to Bait mo'e
tie rhursfty Geek after NJ Keys de t1, and b. ore
lr ssbii eto0 Mr. Pencil ton placed this ind of1sr
,pers in ny possession; nave msde cipher Tulch
sppssrs 10 correspond Win thIs, ana tnlok r11
Iead it. Produces ua1s.suon Oh H. made py ni"'
Nj. Carlisle banded Il to The Judge. rsmsrSug that
copy Of it had been banded to coan'el on the other
Witress 10 Mr. BrsIy)-I do not recognize the
h,rdsri,irg Of the letter Ia cipher.
Mr.. Brady-TbeD object 10 II.
TIE Jodl carefully read tb- translation.
M Carlisle remarked tat this cipher letter inside
IT. appearance yesterday 10 mo couTse oil IN; cro,s
t,an alton cf Mr.. Pefd etor; an the counsel FOR the
fene then tdat the ter shOlld be preserved,
10 be kept o. record ia the case The prosecution Dad
proved all about the letter except the nsnd FTitng,
aud they held that i. ought 10 20 TO the Jury.
If il had any sgnhcancy or OIL relation 10 the ca1-e,
il YES proper that On 1t sgoicaocs soo1t be- comma
heated 10 tie Jpry by the wttess who has yh=rd
ii, ard sscsI'aned tie key 10 H. de presumed It was
not dlff-rsIt from paper written n ioreigc AN
gnsgp and that the letter and irau saOn should ~ 70
Che jury 'oRstter The cipher letter was written by
the substitution OF enc letter OF the alphabet fIr
another letter and vas unlnteLlRlclu - any one wac
hs not the key 10 the cipher. IL presume that, At
tht stage Of TIE c.use the prOsecatOn fbOuid be
driven TO proof Of the ha6dErtlog; and, ss 1t tat
been foonG Il person Of the deceased u should 30
TO the Jury.
Mr.. Brsdy-Whst Is it 10 rebuff
Mr.. Ca ,ils--Not 20 Tebut sTything 10 TINS aspect
or Ia brau hv
Mr.. Bfady-Ihen We ought 10 offer 1t IN evidence,
not yCO.
Nj Carl;le The same right which entitled Us 70
show how these pspers not pu IN evidence BY u.s. en-
title US to prov, 70 the Jury what tbis paper mcsos,
now tnat il has been produced by the other SIDE. The
defeIte RAD gore far SO to sho that there we're
other tlirgs on the body of the deceased not hrss
proved but hsd gone further; ana he held thst the
prosecution had night TO take up the thread, AMI
show that THE wac paper having meaning wneLnsf
bio in evidence, was another mzt er lie
%, red now, the ground that ths United states
having put il evidence what matters were found on
the body Of the decsssed exclusive OF tbs letter. and
tie dsiese having br0rght Oat this letter. the prose-
CutOp entitled 10 shpw what !. mesrs
MI BraOy-C Council has made a very mare s-gu-
ment. IL distinctly corrected tnatthis was mo-. re-
luttsg evidence and herefore under the recent rul-
ing Of The Court 1t was hot competent lie spoke o.
the publicity of the place where the BODY w4s " ne,
ard VI the access wrlch many persons mad u bis
cOthef, sId o; the fact that these papers or some
MI S'oIe MI Peldieton, Mr.. Howard ard MI Cti-
isle; the prosecution pad al the papers In its
posses ion before the indictment was found acd Il
tuey deened 1t appropriate to giv7 any OF tl9m 10
evidence that a0lossiOe, they should hove done
30 when they were proving their csse. Not haviog
then produced THE CIPHER letter, they cannot nov
procuce it Noting cumulative eau b received.
Wat had disappeared f0m the person OF M hey
apc what appeared left 10 stats OF the greatsss
confus on ana doubt. Then, chose handwriting vas
this cipher letter ia ? Was il in male or female
handwriting Was it connected With any person IL
this case De hsd asked Mr.. CaEislr for an ORDER
OF Mr. Howard fer this cipher litter to SHOW 10 Mr.
Sckles and the reply wss Would you do the same
uGC er like circumstances p
Nr. CsIlsle-To which you made no reply.
Mr. Brady-To whiCh ] made no reply, because
WAS OF TO pTesume that what | should do w0ult he
any authority tof you. They had opportunity of
seeirg wnst this letter meant and bad as this Tonan
was there might be- some lingering touca VI pity or
regard for her which woui icdnce the prisoner TO save
her further expOsure They shonld not therefore, be
forced into having tbs cipher letter put evde -ce
Mr. Carlisle claimed inst the prosecution VAS en-
titled to the openirR ami cose of this argument, and
sad that be msde tLis state .Dunt because he appre
hended that with ruderess referring 10 habit
wOicn Mr. S.aIton has displayed IN this easel he might
be Interrupted in the exercise OF his right.
An Augment on this point sprnng 1p and occupied
consider able time.
The Judge held it to b. the nstnra order of Thugs
that the obectOr shOGc open aod C5e, but the qles-
ton really was whether the evidence Is admissbie or
not 1t very plsiu to him that this yasEo' reout
tins evidence The cipher letter and trans Gtlsn were,
therefore excluded from the case.
The council both aides preserve sric. secrecy AS
to the contents character Of this cipher letter.
After recess Of few minutes, business was re-
suued.
MIR. Carlisle asked if the pepper was not edmiss.b
with tie prof OF the bardsrnrg.
The Judge thought the proof Of hand Srfng would
make it si more Objectionable. Tie refused u aiuit
H. because IL Was Lot Tebuttng evidence and on that
ground alone.
WIN Dsw, Police Officer, examined by Mr.. Olld-
Was present at the house o. Mr. Sckes shortly after
the kpg Of Mr. Key: accom- panied Mr. Sckes there
from Judge Black II a hack; Mr.. Suit, Mr.. MaGn,
Mr. ButersC nth, Dir. Slckes ana myself went in the
hack stood III the haIi ust inside OF TIE front ooT
wber Mr. Sckles rst came 70 the house, he went otO
the library, where he stayed few uliIuks and hat
G DyeTsation vita snllema0 alter he came ont
be wanted TO 70 up stsrs; Mr.. Suit ana myself told
HIN lie could lot 70 up except on promise uO. To harm
be wife he ssid ne bad snch intention; Nh. Me.
Blair told rs we IN ght depend on what Mr. b.ck.es
said; he remsned up STAYS for about i've inmates
ana came down with some letters 10 ms hani; he went
into the library and stayed there tins; then 10
vert into the psIOr rscGlect nCthiUg os importance
that tIanspired in The library To the best of my
knowledge ths door bet seen the pgrOr sGd bray
IVES open while Mr.. 5 ckles wac in the hbrsry; the
door from the paTor 10 tue ball was siar; We were II
the hoGse about holt ar hour altJs etder; Mr. Sckles
wett in Senator G6ias caIrsgs 20 i.l aot Our
carnage followed Immediately SITTER; there WAS ak 10
the back pai0r while Mr.. ckl-s vas t1ere: heard
no uEusual sOunds; nothing ike sbr.sks " uOaps,
Mr. Sckes invited us 10 take btsnc lust beoI
staring for the Jail be asked the wnois company;
IobCdy drank but Mr.. SiCklss ana Mr. Batter soah.
To Mr.. Brady-I went there ss an otiic e- 10 assist
M Sui, the officer made the arrest; We gent 10
the house - Mr.. Sckless request hs wanted % ar.
range some business, as supposed | converted VITA
Lobooy while there but witn Mr. SUIT: was once IN
the ibrsry; say Mr.. Woodbridge there and Mr Walk
er; MIR. Walker went from tle library in the back
psrlor; was still standing in the as while wa. in