The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-26
TIE WASHINGTON TRAGEDY.
Address of MIR. james T. Brady for
the Defence,
SPECIAL REPORT TO THE HERALD.

SPECIAL REPORT TO THE HERALD.
WASHINGTON, April %, 1859.
was generally expected to day that the jury would
10 ont and quenty tho Court crowded to
excess Mr.. Brady began his closing address upon the
psnts Of Law submitted by the defence at half past ten
and concluded at o'clock The District Attorney FOL-
hwed but had not finished uis argument Court
adjourned to the great disappointment, of the throng
which had relied upon the conclusion of the case
10 morrow the prosecution viii siud up early in the
day. when The Judge viii pronounce upon the legal pro
position lai before him, and not decidedly adverse "a
The defence toe case will 10 once ire of the
jury rue defence however, have the right according
&c practice here argue the instructions Of the Court
xhilh viii lead to reply from tine prosecution, ana
ether day may possibly he cousumed.
The Judge in the course OF some arks to day, lei
fail the observation that il the jury entertained any doubt
sf the sanity of the prisoner at the moment the act
eorute5 he entitled 10 the henebi o. H. This con
derae view of the Court induces the defence 20 believe
thet ruling will be favorable " them, which viii rem
der forihsr argument useless.
In the present temper jury, nothing be gained
BY proougiog The trial. this be apparent TO all
concerned.
The prisoner is quite by these protrscted pro-
oeedngs Is looking forward anxiously 10 the hour
when his fate will be decided.
THE PROCEEDINGS BEFORE THE COURT
WASHINGTON, aprii rs, 1863
The Court room crowded tbs morning IN ts utmost
capacity fully quarter Of hour oeU,e Jadge Craw
toUk bis seat and large number OF persona beseged
the doors seeking vainly for admittance.
Among the spectators 70 day General Churchill,
Urhed States Army, and Milton Whitney, Dstrc. After
Dey for Baltimore
As Mr. Sckles entered moved towards the dock be
was warmly greeted by many OF his personal friends
ARGUMENT OF Mr. BRADY FOR THE DEFENCE.
Mr. Brady proceeded to argue the instructions on be-
half of the defence He quite MS Honor would
nxtend him during the argument he Was about to make
rbe same polite attention which he had hitherto received,
ana which be delighted TO acknowledged He should
endeavor confne himself cautiously to the proper dis
charge Of the particular duty devolved upon him.
BE fet and his client felt the great importance Of
aeaveriog to convince his Honors judgment Of the pro.
prey Of the prayers in which they asked his Honor to in
the jury. He would not go the same ground
his learned associate anton had gone over but would
sonfne himself to those matters which his associate had
slightly passed There great difference Of opn-
counsel for the defence and the counsel
for the prosecution TO the principles which this
rested the counsel for the prosecution Carlse)
in saying that the instructions asked for by the
defence purely OF character The pro-
secatOn had commenced by showing q case which
might be termed assassination, snd which showed
none Of is aspects mitigation or alleviston. The
Dm,rct Attorney had represented the prisoner a walk
Ing magazine An animated battery, going out from hR
house the morning Of the homicide determined
AL his engines Of destruction against Mr. Key lie
P1esented as knowing Key to be unarmed, and as
having given the deceased opportunity Of defending
lDsef (, but in q coradly manner shot him DOWN
n at statement however utterly unsusained by the
evidence acduced for the prosecution. Every would
been surprised if the evidence had been allowed to
stop there showing only the mortal meeting of those
nen who mad been hitherto fast friends II the case had
Rtopred ,heye would the whole world that such
case have been either insanity Qualification
She the thus presented this In the open
ing the counsel suggested tneir
defence grodndg. de mai in the
paper crucms the defence, that the Two theories
were If the at JUST sable, ,ae de
fence Of ipsanity should not have osen set up.
The defence, however, held that II the act Was
not held IL Ia" 10 De Jusauaole they should nav
the benefit Of the def OF insanity These views had
sced the offences Of Justification OF no nlcde in conse
sequence or provocaion ano o. Insanity, and vas IN
to these tao offences thai the requests had
been prepared he must here take issue with he
reference to what the jury 70 do. H. had
pot an aury Cn that pout the District Attorney some
days ago, bat he had no, heard a sasfacory answer
That which he esteemed 10 be tue ljles rung
that point be found il toe Of the State az
iad down. This power OF jury IL doubtless liable
10 abuse, ana ia the power conferred on a Court
any other human tribunal bat while jury Or
Court keep within their proper sphere OF jurisdiction,
they the of the conferred Them
In the performance OF a legal right, and this,
though they by abuse Of the powers be guilty oil
moral wrong Tue extent of the jurisdiction OF Court
jary measured by wha, they may may not decide
with legal esc, and not by the correctness or error
Of their decision Thus the butcher Jenseys, by virtue
his Office Judge had the political power, and
queny the legal right, conduct the trial OF Agernon
ii Dev ~
IL has charge TO the Jury though for his shameful abuse
Of the right he may have incurred the deepest moea
guilt So the jury, criminal trial, have the lega right
TO decide the law well the fact Involved In ths
but this does give them right, by wantoa dlsre
gard OF law, " decide arbitrarily. The co1nse also
fer ed a ruling OF Chief Justice Shaw delivered the
Supreme Court o. Massachusetts,. be lid not wso In the
present ate Of the case TO refer 10 these tor
other than 70 show that they consistent
with the spirit of his Honos ruling on various occasoas
The referred 70 Judge Crwfords ruling il the
Her bert he could believe that the views OF the
for The correct, proud he was
u having oeen born TINS iand proud as he felt ia her
great destnes rather live under worst
youm on The face Of the earth. verify believe cont
sued the counsel, that next 70 the integrity OF the
Juo'ciary-wbch hope will always continue as IL
has in the past 10 adorn NATIONAL characer-
pext 10 that is the importance Of preserving tae
trial by jury, especially IN criminal cases, intact.
do recognise tue Declaration OF American lnte
pepdepce statement OF al tue abuses toa led % oe
revolt of The colonies aing Get up as TIL
for the Of the Rev ouon that compares in
importance with the right Of trial By jury II now ex
sis in this land aud much as abhor the shedding Of
blood, and dly as might be found when the moment
Of danger approached would BE- viii Dg 10 l2y do@n
e wade 10 any extent the blood OF the foe 10 pre-
veot that palladium OF liberty from being invaded for
moment Turning our attention u that Sunday
morning and 70 that point OF contact let rs see ~a0 tbs
parties to II we're. Eacn the rank of gentlemen
each a lasyer-each man in puoic Office Looking
NJ the relations that had existed between them, as
perfectly esahlhed IN ihs Gaze dud that they had
been close personal trends had that Mr. Sicsles had
10 the best II h cepoc,y urged the appointment
tainng office Of Mr Key that Mr Sckes desJous
should continue 70 discharge the duties Of District Ator
we nno hnt Mr. Sch es bad nde1 clients
bm, had employed him his counsel, auf ntd
CIV him Tree to his hDuse the exercse of
that hos pitaty prevailing IN ,hs District, when
my associate (Mr stanton) has 30 ably referred, and
~ which, before 60 a0ay-pefhaps never b rssgrn
II, a stranger, ~ant TO bear cheerful and heart
felt testimony. In OF all tnes' facts there
y 10 man In The District possessed OF any mJ-ie
who, knowing anything OF the Rpiec 1dcut OF Mr. Key
ana ar s,csles, cooIo have suppncd that Sr sck'es
walked his houss toat Sabbath morning, ieit his
bone biz wife and tbst oa~Di0g blossom vi his hear
tha, ctid who has been polluted ~ she touch Of The
adueYsr-cou,d have walked out If os house, 10 "a.
sot Of cav tho oessed sunlight and IN the face