Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-04-25
Special Dispatch to the Worcester Spy.
TIL E SIGKLES TRIAL.
EIGHTEENTH DAY.


so great as the previous day.
The general impression yesterday seemed
to be that the trial would be concluded to-day
but it is now thought that the argument on the
instructions will be spun out so as to prevent
that consummation
Ex-senator Brodhead, who was attached as
Witness is in Court in the custody of the
MarshaPs officers
Col VIM. Schouler of Boston, is also in at
tendance, having been teiegfaphed by the pros
ecuti0n to come as witness.
Richard Brodhead, examined by Mr.. Car
hse-l am acquainted with Mr.. Sickes, tho
not intimately | saw him on the day of the
homicide; | was walking out and met my
friend Haldeman Of Harrisburg, and we walked
together; we called at Judge Blacks to see
him, and were shown to the back paror; we
were seated but for moment or two, when
Mr. Sickes came after shaking hands with
him, | introduced him to Mr.. Hademan, who
is editor Of democratic paper at Harrisburg
few words passed between Mr. SickleS and
MIR. Haldeman on the subject of Pennsylvania
politics; which commenced the conversation
cannot tell | called Mr.. Sickles' attention tC
some mud on his boots, and remarked that he
was unfortunate in crossing the street. He
said he was, and would take it off, and he
stepped out to do so he returned in very
short time, but had scarcely taken his sea-
when | heard footsteps on the stairs he inn
mediately arose and stepped out as if to meet
the person, who, thought, was Judge Black
he was out some time in a minute or two
Judge Black came in very much excited
asked him what was the matter.
Mr. Brady-Asked who?
Witness-Judge Black
Mr.. Brady-Was Mr.. Sicl1les present?
Wimess-No.
Mr. Brady-Then say nothing about it.
Witness-Mr Sickles was out some time
where he was | do not know after while he
came into the back parlor from the front par
lor.
Mr.. Haldemar and myself stepped up to him
Mr.. IL. acting as spokesman. Seeing that he
was without friends, Mr.. Haldemar rendered
him our services to go with him to the magis
trates. He thanked us. | asked him if it was
a bailable offense. He said he didn't know
that if all the facts were known it would be.
He then added, "For God knows | would be
justified or [ couldn't help it. Which was the
precise expression he used | can'tnow remem-
Der. BY this time Mr.. Gillette came, and |
think Mr.. Butterworth also. Some one asked
whether Mr.. Key was dead Mr.. Butterworth
answered yes. L don't know who asked that.
Mr. Sickles then muttered something about
there being one less wretch in the world, and
seemed considerably excited. The carriage
having been sent for, and his friends having
arrived Mr.. S. left Judge Black, Mr.. Halde-
mar and self remained. That is the last | saw
of Mr.. S. i believed have stated all the facts
that now occur to my mind.
Mr.. Carlisle to Mr. Brady.-He is your wit
ness, gentlemen.
Mr.. Brady.-I have nothing to ask, sir.
The witness made an explanation to the
Judge Of his non-attendance in obedience to
the subpoena, and the Judge declared it salts
factory.
Mr.. Haldemar, the other witness attached,
not being in attendance, the District Attorney
declared the testimony closed on the part OF
the United States. Our testimony is closed.
Judge-You are closed ON both sides
Mr.. Brady-Yes.
MIR. Carlisle would say that the District
Attorney left the room shortly after the add
Journment Of the Court, and your Honor
knows his residence is in Georgetown.
therefore had no opportunity Of comforting
with him. AT late hour last night after IL
O'Clock, received copy of the points on
which the defence mean to rely, not in the ma
ture Of instructions, but i'll the form of law.
JUDGE will give time to the District At
torney to examine them.
Some minutes were passed in the examine
IlOu NY NIL Oulu MI AdIllolC VI lllG
structions prayed for by the defence, during
which interval Mr. Sickless counsel conferred
together and with the prisoner.
Mr.. Carlisle proceeded to read the instruc-
tons which the prosecution would ask the
Court to give to the jury, published in Satur-
days papers. The following Instructions, as
prepared by the District Attorney, were copied
he said verbatim from the instructions given
by his Honor in the case of Day:
Ii the jury believe, from the evidence, that
the deceased was killed by the prisoner by
means of leaden bullet discharged from a
pistol, such killing implies malice in law, and
is murder. That the burthen Of rebutting the
presumption of malice, by showing circum-
stances of alienation excuse, or justification,
rests on the prisoner, and it is incumbent on
him to make out such circumstances to the sat
isfaction of the jury, unless they arise out of
the evidence produced against him. That ev-
cry person is presumed to be Of sound mind
until the contrary is proved, and the burden OF
rebutting this testimony rests on the prisoner.
With the addition of the following
If the jury believe from the evidence that
the deceased, previous to the day Of his death,
had adulterouS intercourse with the wife OF the
prisoner, and further, that the deceased, on
the day of his death, shortly before the prison
er left his house made signals inviting to a
further act or acts of adultery, which said sig
mails, or a portion Of them, were seen by the
prisoner, and that, influenced by such provo
cation, the prisoner tool; the life OF the deceas-
ed, such provocation does not justify the act
or reduce such killing from murder to man
slaughter.
MIR. Brady said that counsel on both sides
had conferred privately as to the course which
this discussion would take. The prosecution
would open and close, but if new matter was
introduced in the closing speech, privilege
would be given to the defence to respond. Mr..
Brady then proceeded to read the instructions
asked by the defence, as published in Satur-
day mornings papers, and handed them to
them to the Judge.
Mr.. Carlisle, for the prosecution, opened the
argument on the instructions. He reviewed
all the points presented, on both Sides for in
structions to the jury. We have published
these instructions, and the reader by referring
to them will understand the drift of his argu-
ment.l He urged that it is an established
principle of law that previous adultery could
not be either justification or excuse for homl-
eide. unless the SHINING parties should be
caught in the act and the homicide perpetra.
ted instantaneousy.
They were told, he said, that every man was
tn iudge when he finds himself aggrieved,
whether the law OF the land gives him adequate
relief. and if it does not then he is RENTED to
his natural rights. In other words they were
fold that there were two conditions in every
society, state of nature and state of society,
an ipiperiam in imperio. He would not argue
that proposition. It's mere statement was its
own refutation. 1t was also argued that hui
man law must be in consonance with divine
law. Hewoud not go into argument on that
subject, but would concede for the sake of ar
gumentthe proposition. He denied, however,
that the divine law anywhere authorized the
.i,;,o of a hnman life ior any wrong nv the