The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-12

hs seductoo, b' eau ebter any ne pleases and
rife the purest bed that stands OF purest contents
Is that be coctrne OF your loo ,ltyY Are W. 70
have mere TART Of rates or tar Of chargesY Is the
ofcer ~ ih bro bel TO Fix rate and the higher
order 10 tx ancherS In the Of the lower order snail
the price be Hxed by those who keep u, and In the
Of the more respectable mansions shall American
juries say what adulterer and seducer shall pay
for the prauhs alton Of his lusis in them? rle
very moment that you act on that principle you
resolve every house IN your district INTO house on pros
think OF enerog them that all they have gt 10 40 rs 70
count the pecunary cost, aid that they are really 70
foot the bill be presented in the verdict OF an Amer
can Jury they fhal stand cleared Of al human and d.
vine accountability. 10 Gods name repnd'ae that
principle from your bosom II is your nestimabe
privilege 10 ST. in ely unaer the immediate
protection of the fire which burns that
great altar at which all the other torches
federal government you are overshadowed by the
halo of the name OF Washington let the recollection OF
that inspire you with fitting and becoming thoughts
be reluctant and 10th to incorporate your verdict
principle, which, be the principle which you act
will have more demoralzng effect tnan any prn
cple that could be sustained or acted upon by an nte
gent jury.
Counsel resumed bis seat amid suppressed Indications
of applause and compmented by many Of those who
were within reach Of him.
The Court took recess for a few minutes.
After the Mr.. Brady said-we want you to ad
init the handwriting Of Mr. Key TO some papers.
Mr. Ould and Mr.. Carlisle having examined them, ad-
mtted the handwriting.
Mr. Brady remarked that the first is directed by Mr..
Key 70 Mr. sckles and dated March 20, 1858, and
=
the others written by different persons TO him.
Mr. unld-We object 10 them. -y
Mr. Brady-On what gIounosY S'~-@ HsHs
Mr. OnldThe first letter purports 10 be from Mr.. Key
to Mr. Sckies enclosing certain other communications
addressed to various parties-one to Mr. Woodbridge
his reply, TO Marshall J. Bacon and his reply one
from Mr. Key TO Mr.. Beekman and his reply, all in the
handwriting Of Mr. Key, and all, except the first, pur
porting TO be copies OF other letters The date Of yearly
all or them the 26h Of March, 1855 The frst letter
IRON Mr. Key " Mr.. Slckles says:-"Send by Jonah D.
Hoover the correspondence had to-day eic"-audng TO
certain matters portions of which have been detailed
day in the expected evidence of the defence The obec
ton is that this correspondence present Seems
10 manner connected with the issue The Court and jury
are now trying; besides the note from Mr.. Key 10 Nj
Sickles is dated year ago. and must relate 10
actions before the jury, must be excluded in point Of
time from the res eestue Another objection ia that il
shows no relation direct indirect to the matter before
the jury. should like TO know what peculiar grounds
TINS lrespondence Is TO be offered as e1dence ~-
Mr.. Braoy-I will state it, The learned District Altor
ney in opening the case told the Jury that the govern
ment speaking through him could ascribe the act OF Mr.
Sickles in killing Mr. Key to no other impulse than
moseess revenge. He painted Mr. Sckles assassin
There no proof before the jury that Mr. Key and Mr.
Sckes met each other before the time of fatal occur
renee The jury have nothing on their minds as
TO their former personal relations. The cause of their
meeting, and the relations and circumstances are left
10 such neTerces the Jury must Draw from
them in the absence Of this testimony We propose
Offering the testimony TO prove the adulterous the
part Of Mr.. Key but 10 show the friendly relations be-
tween the deceased and the accused His honor sad in
the case OF Jarboe the declarations Of the denehdan
his favor admissible in murder only in muir
DER but must be declarations Of kind feelings to acts OF
friendly character or such Ike towards the DECEASED
prior to the commission of the crime with which he Ia
charged and understand this correspondence between the
two gentlemen Of such character TO show that their
relations were Of friendly character and that Mr. Kew
treated MIR. Scklss as his equal and friend ut that day
Mr.. Oud-There s no communication the face Of the
papers from Mr.. Sckes to Mr.. Key; expression Of
either a kindly or a hoate feeling There was only a
note Of Mr. Sckes in which their relations not sub
staniiay touched at all There was nothing to gho W
that their friendship continued through the year previous
MI Braoy replied claiming the Omission of this test;.
moDy on the zane ground as was decided in the Jabo
The question was Is such evidence npeentp and
this being admitted Its value be determined by the
jury when the prosecution charged Mr. Sckes with debe
rate ASSASSINATION on Mr. Key IN broad daylight, the law
gives the prove that Mr. Sckes not an
ana that his hands are not polluted by blood. Did not
the District Attorney say that Mr. Keys letter to Mr.
Sckes does contain expression of good will The
jury will determine that but the letter Commences
'sDear SIR" and ends "Respectfuly and truly yours
II show friendly relations 1858 the law would pre-
continuous relations OF friendship until something
interrupted them We claim the lettdrs are admissible
on another point, namely, al showing by Mr. Keys own
Mrs. sickles, and that they believed his intimacy of an
innocent and honorable character and clam they are
adm,sSSe as shGwns iSs origin Of the peculiar rea
Mr. Caflisle said that this was case in which the
doors should be thrown open TO what not evidence
but they should conne themselves the mode of proof
which the law assigns In this case-they should 20 no
farther than public justice requires. Your honor would
perceive the actual which 1t proposed to make
M.
this correspondence is TO be connected with this
unhappy catastrophe in the way of blackeuipg
the character Of the deceased On that ground could
not be received The eloquent address of the learned
gentlemen for the defence warrants in believing IL was
offered for that purpose 1t is offered first to bear on the
question whether this act of homicide was an assass-
alton. Ny learned colleague, although he did not
use the word, painted 1t as Of assassination
end for the purpose OF showing it was not as
sassination my learned brothers offer to show
there continuous friendship between the
accused and deceased by the production of letters written
seven months prorIto the colsion-not written BY the
deceased to the prisoner but by certain other parties and
enclosed in note written by deceased. An assassination
assassnaon because the deep motive or pas
sion which led 10 it-whether it be gold or ambition or
veDgeanoc-fora great inconsderable wrong; It s
still an assassination and power Of human eloquence
paint II in any other coOrs
Mr.. Brady-These letters 60 TO prove the fact OF Mr.
Keys friendly relations.
Mr.. Carse-I was coming TO that.
Mr. Brady further explained the object of Offering these
letters insisting there was state Of facts which prevents
Mr.. sckes from beirg convicted Of any crime.
Mr.. Carlisle, resuming, said that when he used tho
word assassination he quoted from his learned opponent
He Mr Carse) asserted that the evidence did not tend IL
admissible show that the was not one of assass
na.on and secondly If this kind Of evidence Of previous
friendly relations were admitted to show it was not an
assassination, certainly evidence reaching back nearly
year before the transacou not evdence that tends
10 shed ray OF light which any reasonable mind can
perceive on the question. He further replied To Mr..
Brady.
Mr.. Phillips sad the relations the parties bear to each
other pertinent to the ssue because the issue
killing Of the deceased but bis murder in which is i'm.
Piled that malice by which the law designaes the offence
The presumption may he contradicted and one Of the
modes by which may be done is to ascertain the relation
which the parties bore TO each other This may be dc
monnrated by acts Of friendship correspondence In
the present case propose to demonstrate by the lat
ter mode The only question for the Court the compe
tency Of such testimony which may be dust in tue
balance, but s effect and weight for the jury point
OF time may trace back acts Of friendship and ntma
cy and back to the days Of boyhood proving such
relations from infancy TO the present tme The length Of
me instead Of weakening strengthens the argument
he not killed by malice. We called on to give
the order Of time This but link Of the chain of cir
cumsances TO show The friendship which existed between
the parties prior to the date Of the tragedy, and which
continued down To within few days Of the commission of
the act.
The Court said the object of the defence was to show
the relations Of the parties 70 each other The law un.
doubiedy lie that when is trial for murder pre-
vous expressions Of good will and of kindness TO-
ward the deceased may be proved. On this ground the
Court understood these letters 10 be offered The
had read simply courteous, and had bearing on
the issue. The letters not evidence
Mr. Brady took exception 10 this ruling, and then ID
ruling which excluded Mr.. Keys letter. apart from the
enclosures
The following are the letters
MR.. KEY TO MIR. sICKLEs.
WASHINGTON, March rs, 1858.
HoS. n r.. SiCKIEs:-
NV DrAR sR-1 by Jonah Hoover A copv Of A corres