New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-26
TRIAL OF DANIEL E. SICKLES,
CHARGED WITH THE
MURDER OF PHILIP BARTON KEY.
NINETEENTH DAYS PROCEEDINGS.
WasHiSCros Monday, April -, lS5

NAsHihGrot, Monday, April - lSJ'.
! The Courtroom Wa crowded this morning to its
utmos capacity iof fully quarter Of hour before
Judge Crawford took bis seat, and large number Of
persons bosegei the doors seeking yeiuy for admit
| lance
Among The spectator, to-day are Gen. Chur biz,
4. S. A., md Milton Whitney, D..Iict-Attorney for
| Baltimore.
a. Mr.. sckIes entered and moved toward the dock
| lie va warmly greeted b. many Of lis per-onal
| friends.
| FIR. BRADY's ARGUMENT.
| Mr.. Brady proceeded 70 argue the Instructions on
behalf &c the defense. He was quite sure hs Honor
would extend to him, during the argument he was
about TO make the same polite attention which he
had hitherto received, and which he was delighted to
acknowledge. He should sndesyor to confne himself
cautiously 70 the proper discharge Of the particular
duty deyolyed upon him. He felt and his client felt,
the great Importance Of ondeayorns 70 convince your
Honor's Judgment Of the propriety 81 the prayers
which they asked your Honor to instruct the jury.
He would not 90 over the ground his learned
associate lStauton had gone over brt would contine
himself 10 those matter which h.- a-sOciaic had slightly
passed over There wa O great difference of opinion
between the counsel Tor the defense aud the council for
he prosecution A. to the principles on which this case
rested and tie counsel Tor the prosecution iCarsel
WIS in error in saying that the Instructions asked for
by the defense purely Of abstract character
The prosecution had commenced by showing case
which might be- termed sssas-inaton, ana winch
showed in Of IT, aspects mitigation o. aIc'ld-
ton The Di.trct-Btnrnfy had represented the pr,-
ouer as a walking magazine, an animated battery go
ing ont from hs house the morning Of the homicide
determined 10 turn all his engines OF destruction
AGAINST Mr. kcy. lie - represented a. knowing hey
70 be nnarIned and having given the deceased no
opportunity Of defending himself, but in a cowardly
manner shot him down. That statement, however,
was utterly unsustaned by the evidence alduced for
the prosecution. Every man would have been sur
uri-ed if the evidence had been allowed To stop there,
showing only the mortal meeting Of those two men,
who had been hitherto fast friends. II the
case had stopped there, would hot the whole
world Fay that in such case there must
have been either insanity or lusthcauon
While the prosecution thus presented this case IN The
opening the counsel for the defense had suggested that
their defense rested on Two grounds. lie mad seen IN
the new papers criticisms the defense that the Two
theories we're inconsistent that the act were Just-
fable the defense of insanity should not nave been
set 40. The defense, however, held that II the act
was not held in Law TO be jusublr, they should have
the benefit Of the defense Of insanity These views had
elected the defense # Justification OF homcde IN con
sequence Of prOvOcaOn and Of insanity, aud Il was IN
reference these three defenses that the requests had
been prepared. He must here take issue with the
prosecution in reference 10 what the Jury were
10 do IL had put an inquiry on that point
TO the Distrct-Attorney some days ago bui
ne had not heard "A satisfactory answer since.
that point was to be found IN the case Of the state
against Croteau. vol. % Vermont Reports, j. ~,
where this rule * laid down. This power O jury i
doubtle-. liable To abuse and 80 J. the power con-
farred ou a court, or ON any other human tribunal.
But while Jury court keep within their proper
sphere Of Jurisdiction, they are ID the exercise o the
powers conferred on them, and are m The performance
Of legal right, and tins. though they may by The
abusc Of The power, be guilty 81 moral wrong. inc
extent Of the jurisdiction Of cOurt ~ jury measured
by what they may or may not decide WIN LEGAL euec,
and not by the correct error OF their decision
Thus the butcher Jelfreys, by virtue Of his Office a.
Judge had the political power, and consequently the
legal right to conduct the traloi AerTnon Sidney, ana
10 give his opinion upon the law Of the case I'D hS
chargc Ia the jury though for his shameful abuse oi
H. Lt hc may have incurred the deepest moral CEN
sure So the Jury criminal trial have legal right to
decide tie law well as the fact involved III the issue
hut this does not give them "A right, by wanton
disregard OF law to decide arbitrarily. The counsel
also referred to ruling of thei-Jui'ce shaw de-
livored in the Supreme Court Of Massachusetts lie
did moi wish in the present state OF the case 10 refer
10 these authorities FOR any other purpose Than 10
show that they were consistent with tho sprt az As
HonOr's ruling on various occasions. Inc c"hh'ei
refcred to Judge CraWiOrds ruling IN the herncrt
case. II lac could believe that the view OF the conn
sci for the prosecution correct proud a., he Was
of having been born ia this land, proud as he ielt IN
her great destnies, he wOuld rather I'VE under lhr
worst e,poism on the face of TIA. earth. verify be-
Geyc continued the counsel, that next 10 the uiegrly
of :hr iudciarv which hope VIII always continue, as
il has done in the past Ia aOrn our national character
next to that is the Importance OF preserving tie
tral by Jury. especially IN criminal cu-tsi Hlt't'
I do not recognize in the Declaration Of American
INDEPENDENCE in the statement of all the abuses thai
led TO the revolt of the American colonies, anything
ret ND rs the occasion for the War 81 the keVolloh
that compares in importance with The night oi ina ny
inry AS il now exist. in this land and much as abhor
The shedding Of blood aud cowariy r. might ne
found when the moment Of danger approached would
De willing to lay down my HE, and wade to any extent
In the blood of the foe Ia prevent that palladium ol
lIaftV fran heinz invaded for moment. turning
our M eution pow 20 that Sunday morning, ana 10 that
poiu of contact lcl see who the parties To II
were Each was in the rnk Of gentlemen, each
a lawyer. each man IN pubic ONCE l.oOhlh-
al the relations that had existed between them a,
percctiy established i'm this case, sc ni that they hhh
been close personal friends; We find that MI SicAles
had To the best Of his capacity, urged the appointment
or retaining in office of Mr. Key that Mr. Nickl-' was
DESTROYS ne shodd continue 20 discharge the dute, oi
District ttorury: We find that Mr. >clcs hnd re-
commended clients 10 him; hademployed him ~ me own
counsel and had given MIN free access 10 ms hoare n
the exercise OF that Hospitality prevailing IN TINS Dis
tct 10 which my associate Ssnton has 80 ably REFER
red arttoWhich before 60 away-perhap, never re-
turn a. stranger want to hear cheerful ana near
felt les. uuuy to. IN view of all these facts, there Il
no man in the District possessed 81 any intellect, VINO
KNOWN. anything Of the an,scrlents oi NJ. -
and Mr. S'cLes could have supposed that Mr.. Sickle,
walked ont If his house that Sabbath morning, l u'
home and his wife. and that daring blossom 81 ms
b,srt1gf child who has been polluted By tine tolch
# he sdulterer-coud have walked out %. bis house
m the light day. under the blessed sunlight, and IN the
face of Heaven and committed an ASSASSINATION on me
person If his friend. Therefor. your Horror asks the
iurv gsks and the whole world ask~-lt"w tins thinE
vs.l The whole world your Honor has IT, eye on tbs
case. although there msy seem 10 he c-oI.'in
involved iu the remark which make, / cannot hr.P
saving, because am here n the discharge ot my ddiy
that when all uf u shall have passed H"t y, aud "hrh
ob lHU have taken his chamber On thc -lsu. halls
If and while al rs wouf have been i"alE
forgotten but tor tins unfortunate incident, the name oi