New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-12

4
Mr.. B-s9y replied, c-iu-ug ~ adhi '-l0a OF ta'a
testimony on the groult n VS. oer'fd 10 t1s
Jarboe case Toe qaes.OO Is, -sssn,a evidence con-
IeteDt, snd this beng sdnt'ei, IL Vsias sas 70 De
deteimiIe 81 by h5 jay rneE ne prs-eclil,n chtSei
Mr. S,ckles Elth d..ih rate asszs.ils1n OF Nr hey
in hIosa daylight The gives "a the night - prove
that Mr.. Slcsl-s Is lot an Sssss-na,or, sod inst ne
hsrds are 10. polluted ~ blood Di 10: the Ostr e
At.oI1ey fsy tlst VI K-ys s.'er 70 VI. ScSiss does
rot contain sn expression 81 good WI TIE iuy
VII 1.eruine that, ont the sitter comnen,es Deer
sir" ana enis " Res pectflly anf trliy yllrs,' II
", show f.r 81. r-ia-IuDs IN los the IA gCud pre-
sumo col traous reist Of friendship unu something
interrupted them. We claim the l-tts sre Il niss-b
Oh another poiD, VIZ Sc shoHlos By VI. ~ owe
sdnis.ioD. he had most uunsie relations WIN w.
ard Xrs Schies AID .aa they believed nis i1l nsey
of an inuoceuf and honorable q ,Tsctsr s-i - cam
thew are admissible shoe r1 frgir u The pscu
hsr relations between Mr.. by snd Ms. >ckes.
Mr. Carlisle said t5at tuis vas case ID which the
doors should - thro open Z rnat not evidence
but they sneul5 c'Tine themselves - the mole OF
proof which the u ss gnes m this cRsetreI -h MI
90 further than pubic i1stce requires. Your Hon
would perceive the actual winch It sss PROOFS
/ ed 10 make OF this testimony. Uu nave Ae.rd III
wh.,uaurer this eprrespOudsnCe IL b bs CONNECTED
tbs unh sppy ca,asOphy 10 the way q bl.kening
the chsrsct OF tie Cecea.ed DO tnst ground could
10. be received. The eolieut address o the learned
GEL eraD for the CefrtEs ssu,Dts "a N believing x
vas offered for hst purpose l. i offered first 10 bear
on the question Shelter this set Of homicide Sas 81
ASSASSIN =,iop Ny learned colleague ah Jugh he did
not use the VOID panied n a. UJe % 5s.ae-inatlOn
ard for the purpose Of owing 1t Vas not a. assassin
alton, ny learned brothers offer 20 slos there
/ was continuous friendship bs'Teen the accused
sId decreased BY the production OF letters
written eleven months pror 10 thecoiisiOn-not writ
ten by the deceased 70 toe prisoner but by certain
other paIties aud 81 -lOsed IN note written By de-
ceased. An asfassuston less an sss issiogtiOn
because Of the deep motive or passion which led 10 II
-gbtthe! l. be god Or smbtOn or vepg -snce-for d
great OF ncoLsdeTsble <Ioag it is still ass-ss
nation, end power Of human clog hence pam. l.
+ il any other colTs.
/ AE. Brady-TEese letters 60 to prove the fact Of
Mr.. Keys friendly relations
Mr. CaTisle-l was coming b that
J Er. Brady further explained the object OF Offering
these lett-Is, insisting there state If ats wnicn
pIeyeLtsa M. SICK es from beiGg convicted OF any
cine.
Mr.. Carlisle, resumipg sad that when be used the
word afsassnation, he quoted from hs barred Oppo-
rent. He Mir. Czriss asserted that the svieIce
DID not tend, II arLnissble 10 show that the case was
not Of assassuarop; secondly, II this kind OF
evidcroe Of previous friendly relations admitted
10 show il not an sssnation certainly evidence
reaching back nearly year before the transaction
rot eviCerc-; II ten Is 10 shed ray Of light,
which any reasonable mind perceive, on the ques
| ton. He fnrtLer replied 20 SIR. Brady.
! MIR. Philips ssid the relations the prties bear to
each other pertinent 20 the sne because t1e issue
IL not the killing % the deceased, bot ne murder IN
which is implied that malice by which toe las desig
rates the ofIanse. The presumption may DO coutrs-
diced and one OF the moces by which Il may be dooe
is 70 ascertain toe relation ~hch the parties bear 10
esch other. This may be demonstrated oy acts Of
fricud-tip ponder H. the present case,
propose to demon strete IT by the later mode. Toe
only question Tor the Court the competency of such
tetiiuOny which msy be as dust II the basnce, bat
lie elect ard wight for the July. AZ 20 point OF
time, may trace back acts OF friendship and init
macy, srd run back 20 the days Of boyhoOd proving
stcb relations from infancy u the present L ne. The
length o. time, instead Of weakening strengthens the
argument that he was no; led with malice. We are
called upon 10 give the order Of time. This is bat
Ink Of the csaiD OF circumstances to show the freud
ship which existed between the parties prior 10 the
cate Of the Tragedy sud which continued down %
within a few daJs of the co ouissiOn of the sct.
The Court said the object of the defense was to
show the relations OF tee parties 70 each other. Tls
lsw, undoubtedly IL, that wnen mar is trial for
murder previous expressions OF good will and acts Of
XII de towards toe deceased may be proved Ga this
ground the Court understood THESE letters TO be offered
The one Re had reed was simply courteous, and had
no bearing on the issue The letters are not evidence
Mr. Brady took an exception to this uiog, and then
to a rolling which excluded Mr. Keys letter, apart
from the Enclosures.
Tie following are the etters:
Hg. REf TO Mr.. sIcRLEs.
Box. D t. sIcELEs: Ny D.Gr ST.; / ,rLd By Jonah
perceive roy the nocoous disgusting sander
The pArles concerned a. u1'ac.'fli Repeatedly aud
tny TouIs, Pel4 BARTON KEY.
The following the copies Of the letters reerrsdto:
AR. My To Mr. woOLDRIGR.
wssEsGroS, 26h March, 1883.
xltpg wtc Stion you made O. TIE Hon Daniel T.
sekts conceILiDs and ave your su,hon,y for
mkkint uch COMMUNICATION Ny oe-c. 10 10 e. ersin the
'''''' Wv MO.; respectfully, ,oa- obsdsn. servant
Mr.. wooLRrDGE TO Mr.. KEY.
PB. key, Esa. Dear oU.:-n.chsl J. sscon informed
tie. Mr sc.le, been dnI oo,eb,cf differ
cut with B.tou Key eDus ar sics-., lat absence to
rsd sos BaeensOurs and tos; Mrs steals had
and remained o. hour sDo bait s.o t1s sne t1os of
Iair4 M duh
Tbes sss much mole Of the same kind Of coave .,on and
Hr tod o., In that ssuiei it
So st Mr. Key boosted thai he ned only s'aed y six hours
with al woman to MAKE her CO a. he pleased.
Ma,d 81, 1853. G 8. wOoLRIDGE
MI. KEY TO Mr. BACON.
WASHINGTON March 96, 1859.
MARSHAL J Bacon, Use. Sh-Hensi.h send yo5 a copy
OF rce Woodbridge esq, VII you VIII please -
co cont ed 10 Mr. wooG5d.,. not .Ud + ~ ds m,te t.
STATE uPD What sh'y ,oa m,,e This VII &c handed to
'"'' - '''''' Pail sARr5N KEY
HR. BARToS TO Mr.. KEr.
P BAsro> Key e.q-My Dea, s Your note be. jq,:
s1 9d n S Ss 70 'S S s he m. E
.Asm.n. /. c:nec tn Ugh 'Owe point. go beyond ws,.
va. nv .utbor .ssa rbs ms 70 NJ wos5Iies a
Hyts that d,d not tesye there any Truth in the
tor such disbelief, ana that deemed 4. lsoIic,Op.
Rs'Py youu, n q. BACON
Mr. KEY TO IhR. BLEKNAS.
WASHINGTON, March y, 1855
Mr. BEskNN-sir; ,snd bereSith q copy Of note AZ
dressed from b. Odrc esq also Of from
MAis all Bacon Yo1 will b. pleased read them and
wI the statements snd you resoon.i
bic oT vile calamuss u.aiped therein Tns viii
handed you my friend Mr. Hoover and you viii please give
him Inmeoia,e alswsr
ResPy youI OBJ. servant
PHIL BARTON KEY
Mr.. BEEkMaN TO Mr.. KEY.
Ss have received yours G. aAy, through Mr. Hoover
with notes from Hr Wodoxs aad Mr Bacon And
10 reply your inquiry wseh.r the f9u
Mooldrd.r. .kv .ha.