New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-08

hiH, ,s r., s5't Mr. Skes 6rsd Mr.. Key
NJ Kty wen; in the erection OF the Ia &c ee sec1na
hoo avenue, and got TO the zee; nr. Stokes 49,. Si
sree Mr. hey fell INTO the gutter o! toe street. az ANS
"a euros,one and in that sion Nj. Sckei cred az
Az am not certain shether theirs Tas snsP W
" l could hear nothing toe wndoE not b-ins up
Or Siokles fired after or about the tine Mr. hey
N think Mr.. Key sas down the parties we're 90
tone saIk whvs ] fire; s,s then; tue pHnes
Se AZ something OF ruu, add thoasn. ~ IN SH
Sc ,hght; have 10 Iseo.lsetior s',i ., So.
about The middle Of the suee:, sas NJ o'eA'ee
SBg 60 If 70 FIRE.
re Ii. Carlisle--I was Ley WHO'S o. 20 seooa0
g. "a the third window fJGn sto avenue p'e!y opYc-
~ whore Mr.. Key We sae. Z 81 area 81 "ss ms
syn house think probably turned ny neae is
a the,e were come persons within who taOugat
,,s.ht he fr;gh,ensd. Il vasa window the psrlof
Bosr. which is nearly level with the greet lNot
eToes-exsmined.l
Thomas +. Martin, next examined. ,.,,.- r
q. Sis,e what you saw IN reference W 14o AiNNs VI
Phlbp Barton hey. r.
rss n the vicinity of the place where Mr.. hey
wa, I'd; wss walking up toward street, Snen
,oond and recognized Mr.. Key, Mr. Sickes .ni Mr..
Bnttervorth; Mr.. Sckles han just fired; Mr. Butter
worth vss near the railing ne Tltoessl ives very
much shocked; went toward them, but bfst stopped
Al the Climb House TO state what was takog place came
ON, and oroc eied To The spG Mr. Key lay extended on
the pavement Mr.. Sckes stood with his back toward
the railing and with MS pistol pointed toward Mr..
Ksy; be e1Poded cap no lwitnsss passed d ID De- "S
took hold Of Mr.. Key, and looked up inqairngly
toward Mr.. Sckles, and heard him make the remark,
" lie has violated my bed.
District A.tOrney-Neve mind about that.
M Breezy insisted that il was part Of the nara
tive and that the witness should be allowed 10 pro zee
Tie Judge-It lie proper for the witness to state
every thug that occurred DE Is bound 10 relate al
that he saw and heard.
District Attorpey-He had not asked the witness 70
4 L.Nr Init 10 uN ~ m. III
va competent for the defense TO AJAX him I'd addon
what no had heard.
Mr.. Brady hsd never known a District-Attorney TO
eek a witness what he had seen and not what ne had
head: Il would be the same as describing patio
mime. The witness had already testified 10 hearing
the report OF pistol
The Judge did lot agree With the District Attorney
as TO his right 70 question as 10 particular facts aad
lea We the other side TO question about other facts
Nitpese-I heard Mr.. Sickles make the remark
He has violated my bed !" Mr. Key was then almost
extended on the pavement, lying on his elbow; be
lgitpessJ called those near TO aid IN carrylog him
10 the Club House; We carried him TO the back room
he sss stll breathing; put my band on ms heart,
and found it stlll pusating; j asked bin 1t he had
ANYTHING 70 cay, supposiDg he might nave some word
to send 70 his children, something explanatory OF
the occurrence; he made no response Hhsever, as II
he did not understand what said DIR. COoecge came
an about that time and left the room do not know
how many tbots we're fIed-three or four, suppose;
when frs. went into the Cluo-House Mr. hey was
lost forth OF the tree in the street. in falling posi-
ton and peer the gutter the three persons were near
together; think Mr.. Key On the platform lead
ing from the pavement Mr. Sckles wac three or four
feet from him, toward the Clabliouse and Mr.. Bot.
terworth the raiingi ] ssS him but once l
knew them all; that after the first shot, did not
sec snything of them till after the first shot, the re-
mark made by Mr. Sokles after the last shot and
after the spspoing of the pistol; was beside @r.
Key's body; Mr. Siokles was standing BESIDE him,
with bis back to the railing; Just then Mr. Butter
worth approached and be and Mr.. Sckles withdre v.
O. WHAT was the dstsnc, between Mr. ButterwOrth
and NJ. Sickes when you first saw them
Wituess-Nesr the width of the pavement; saw
TO other persons in the neghborhood at that time;
Mr. Sickes walked of, and Mr.. Butterworth moved
toward him; lost sight Of them at that moments l
was attending to Mr.. Key.
many reports of pistol heard; think there were
three or four; the shots heard fred rapidly /
did not any pistol, or any thing else picked up
Mr. Key was dressed IN grsyish suit of Clothes he
had on no overcoat; heard no other expression made
at the time than the one mentioned
Francis Doyle e1amined.-I present at the time
Of Mr.. Keys death; was in the back room OF the
Club Housc; looked in the direction of the avenue,
and saw Barton Key lying on the pavement, and Mr..
Sickes fee feet from him, with pistol in his hand,
as il about 10 shoot him in the head; about the time
arrived, MIR. Key said, " Don't shoot; placed my
hand on Mr. Sckless shoulder and begged tim not TO
fire; he desisted from firing he turned round as 70
Justify himself and said, " He has defed," or obs
bored my bed" l do not reoolect which expression
he used he may probably have used hsrsher e1-
pressonI after spoke to him he turned round show
ing no further intention to FIRE MIR. Batterwoh vas
then standing on the avenue within few feet of the
corner; he approached and took Mr.. Slckles by the
arm, and walked of with him up the street;
then my attention was called to the con-
dton of Mr. hey be was carried into the CiubHouse.
.. Did you hear any other exclamation made ex-
cept that you have mentioned
WitDess-Not that am aware Of
q. Did you notice the dress of Mr.. S.ckssl
\ dad. think ha had "a frOck
coat him; do not know whether II was an over
Goat; the day was pleasant day, but do no. know
that II particularly warm; Mr.. hey died almost
Immediately after be was earned TO the ClubHOuse;
believe he breathed once.
Cross.e1amined by Mr. Brady presume wore
en- overooatte the Club House that day, usually
wear one did not no ice the pistol or other article
picked up; did not hear Mr.. Sickles make any other
remark than have stated.
Mr.. Abel Upshur, exsmned-I was present on the
occasion OF Mr.. Keys death; had been TO church;
got home about IL O'Clock walked from home TO the
Club House, and there met Mr. Doyle, Mr.. Tdbsll
and Mr. Martin; the last went out as II 10 10 home,
but coon he rushed back and told US objected tol
he lwitnessl out of the Club-HOuss; heard the
report OF pistol saw Mr.. hey down and Mr.. Sckles
stan ing him; when within ten fifteen feet Of
them, saw the pistol snap Mr.. Doyle came up sad
clapped his hand on the shoulder of Mr.. Sickes Mr.
Sckles desisted IN firing and then turned round aud
observed that Nr. hey had dshonored his bed, where
upon we canned Mr. hey into the Club House; that
is az know about il; 90 not know whether the re-
mark Of Mr.. Sckles addressed 70 Mr.. Doyle TO
us al; think Mr. Sickes had on some kind Of over
cost cannot describe his dress do not recoect that
that day wac remarkably warm; Mr.. hey never spoke
at al afisr We 90. 10 HIN.
Cross examined BY Mr. Brady was in the habit
OF wearing an overooat, and had my overcost 81
the tme cid 10, the pistol anything else picked
up Cid not bear any remark from Mr.. Sickle, except
what have mentioned.
N