The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-21

",
Nved the testimony offered by them oompsteas and
proper. have NO doubt they Thought So Tue Unt-d
states on the Other i~nu eai or themselves tue rign
to thar their vess OF law N tho oOatrary; and
that IN the honest alton Of JUSTICE thsy present
ed such Objections as they thooga tbe laT made 70 tbs
ih mselves simply 70 statement Of such objections
law alone fugsrEteo. Tho opinion the Court 70
have been ADVERSE 10 pres, nled by tho Uait,d
states portion OF the evidence hayog boon .aas ia.ro
duced felt due sspd ny here a. Pablo prosecasor,
and purely In that ves alone, make this tender ~ the
gentlemen the other side. Win respect TO the ohsr
matter 10 the pnhcaroD NJ this confess beg leave
to state the pat OF the Uuited States, that NOT
w had nothing TO do With Il, directly indirectly.
Mr. Braay-1he'ei lie no pretence that you had
Mr. OuId-1hs page was N possession ex-
for a sipgie momspt felt IL due 70 prosecution
that this stslernent should be ~ Ade
The Judge time Tor the conference is desired, the
Court will grant IL, II codrse
Mr. B,sdy-we not propose tina. the Court shall al
journ give time for the conference. The prosecution
may 70 on with their proof
for cecnre After your Houor decided that the
pioof Of adultery adm ssibe, the 'eco)n should
have maze ps Offer and not after We had our
poesss and sent them 10 the -four winds OF heaven.
The Eject Of this oer Va TO embar ass the Defence just Us
mnh she objections thai led to the exclusion Of the
testimony.
Counsel for DefeuceWbcther iatsnied in that spirit or
Nonday, when hs Fooor decided suhjsct of adultery
Invalid and then aid 1--WE spriog tho doors opsn vide
az YOU wantelter with all your w,ncsses." then, IN
de d. il would De proper; but we canno pass on 1t now
Nlihout opportunity Tor y co0feTeuce.
Ns Oud- The United States supposed this the ap-
prprise and The only appropriate tine 10 make this ten
Der The time selected purposeIy, iuasmacn AS any
o,ber time, that ndl'aed ny tho gentleman, would
have been manif silly inappropriate.
Counsel for DeeDce-W We think tro on yht to pro
eeed
"a. Brady-The prosecution may SO on aud examine
wi'nt sizes. There Ii pO,nt On WI Oh think wo all
agTeetbat this pretty long trial. aad that the sooner
II Is brought 10 an end the better.
District AttoInej-Vefy wen. u tpe gen.iemen 10 n''
The Judse-I nDdesstand, then, that the prosecution
proceed With rebutsing evidence reserv6g the right oa
the part Of the oelence ~ embrace the offer made.
Mr.. CarIsIe-lt N not intended as c6ntonng onsr,
but which must BIO accepted rejected TO- morrow
morning.
Al. Judgs--Certainly.
TESTIMONY or ION. ESQ. n. PENDLErON
Hon. Geo. H. Pendle.on sworn-Examined by Mr..
Ould-Am brother In law Of deceased; on the second
MopuAy AFTER MIR. Key killed, MADE examination
OF tie premises said to belong TO the negro man Geay
the front door and found closed; thence pro
the rear, and went INTO the yard aSemped 10
get INTO the house by the back door; It was locked or
fesned suggested it was better TO send for lock
smith instead Of Grays going, be sent somsboiy else
the lock smith came, and If mistake not tried dor
sup 10 be at the Of the entry leading from the
front 70 the back Of the house, think, besides this,
there rs another door leading dreoty n" tue ko1sn 70
rooms for two Ave minutes; NJ Jones wen directy
STAIRS by the time we came down front door
was OPEN my recollection is that wide open oal
ed Cray gave him half dollar for bis trouble OF CO.
INK for NTH; never gave direction or maize
that time or to any body eise did any taxing
on lock- prepared 10 say the lock was saksn
off frsm the front door when was taere, as witness has
testified IL II was, II without my knowleige; soms
articles belonging the deceased transmitted to
Tue said belong to him. ieived them on
the the night OF the day Mr. Kew was killed
from John A. Smith, they were said TO have been taken
from hf clothes q, the time or subsequent to
the homicide; they consisted Of the Of ope'a
glass. TOO oiass keys, SIT OF small KEYS.
pocket book, in which were fourteen collars
and some cents, and pair OF Kid goves
NJ Nancy uh lnarn
appointed administrator oil the estate OF MIR Key; on the
FIoay OF Sasu dag following the death Of Mr.. Key re-
ceved envelope Containing one or more papefs with
card fom Or. Stone saying requested by De. MI
Ter to deliver thcm but that he was prevented from do
ing so sooner by professional ergseemen's nave no re.
stated there were some cards and card case; have no
recollection there not there was paper which rs
in the envelope still II is under my oontroi have not
ss.s sy psrrop Se0Fs left %ssS,Ss, OF , IT IN
that nothing should be left TO tue contingency OF my
absepce Charles How ard being In tue room, by request
delivered the paper TO witness who examining sad,
ibis envelope IL addressed 40 Hon. Pendet0n,
from DR.. Miller - 10 pencil, aud "Lefs with Dr. Stone for
civery Ia the same envelope; this rs the came paper
which IN it, and the ca,d from Dr. Stoae this
nv,ope cards and scraps Of paper; any
| left by Dr. Miller presume these are they, bat
don't know repeat have ne personal recollection az
To the cards. don't know whether they previously
| in the envelope or not; csunot say positively.
Mr. Brady-May ] ask you the character Of your feel
iprsY Was 1t not which naturally excited strong
emotiorsY
Witntss-I was very much panied at Mr. Kcy's death;
house MIR. Jones friend OF the family aud yse,
and be accompanied me AZ my request or suggestoo
nothing belonging 70 NJ. Key was found by us a. tbs
house. have no knowledge To the pay Of the rent
cert what Mr. Gray told me.
Mr.. Brady-Do you remember this clip of paper (pecu-
liar In shape, and which appears 70 be the bottom part
| of letter. with tho signature to itS
Wtuess-I have il since returned 10 Washing
last week; my impression, however, is indistoct; AN
certain delivered all the papers recevet from DR..
| Stone to Nc. Howard; l believe nothing Is lost.
| NJ B'sdy-I want 70 show them to toe prisoner.
IN fhA NJ RsuAu RI
ed tbetMr Sckes desires me 10 say That these cards,
containing The Of ladies' and gentlemen Of known
way oupected with this case on contrary he objects
toh The envelope addressed TO Mr. Pendeton 10 imna
tea As to this slip Of paper we simy ask to take the
address, that may inquire whether II has
auy thing do with the case.
Mote by Reporter-rhis bears a ady's name.
Mr. Brsdy-But we want TO look II this etter, which Is
| IN CIPHER
Mr. Cariisle-Put 1t into the bands OF person that
we may get the key and make copy Of il.
Mr. Bfady-Wnen did you first learn that the lock hal
Wtness-I heard il in Court the other day a remark
by OF the council for the defeuce With
the suppression OF evidence desire To say before
leave the stand in the most positive aud crcamstaata
manner, that gave no intmauon or direction made
any susfeston TO the removal Of the lock- did
henr II had been removed until heard 10 Court; and
cay further that iumatoo or charge that any
preston or attempt suppression Of important or uam
portant evidence bad been by my participation or know
ledge by whomsoever made 49, may be permitted W say
nfamousy fase. (Slght applause.)
Nj. Oad-You spoke Of two Keys. DO you know what
lock they belonged tor
| Mr.. Brady-Are they tho keys we have pro-
ducedY
witnesa-I have not Thorn; show them; could
identify them.
| Mr.. tarhae--we admit they are the same
Me- Brady-Do you know whether there mas been paid
any for wood OF that housep
WitLesh-I do not
Mr.. Brady-Do you know whether any body undertook
70 pay the charges Of that house?
witress-Orly what heard from John Gray; have
Knowledge except what Ia the Wrappers that Nc. Key
in any way connected with the house.
TESTIMONY OF CHARLES L. JONES.
Colonel Charles L. Jones sworn, and examined py the
presecuon visited the house 10 Fifteenth street, 10 the
company Of Mr. PeDdeton the Monday week after the
MURDER Gray had tried all the DOORS suggested TO Gray
he had better break open tho door, but Mr.. Pendlcton
Thought would be dgnned to get by ali Of
q locksmth; msde examination Of the house, but
iouno property Of Mr.. Key there Mr.. Pcodeton gave
cneltoDs paid no attention TO the taking or OF tue
lock- The witness then further detailed the incidents Of
their visits agreeing with Mr. Pendletons statement
Mr.. Brady-You are member Of the barr
Witness-I am, sir
Mr.. Brady-You hive been assisting tho prosecution
ever since the trial commencetY
m coin N vour astio huty