New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-23


~ Chiffon have Osiy 70 cay, IL reply TO ssa',
tbs, We reserve phst bsve 20 ssy 90 th.t proper
ton MI the prosecution anHes CO 10 ~ tht they have
eopeded the case whether that conclusion be- N the
fcIp, of evidence or tire form o. Instructions. When
We sbsn have arrived ~ that point Of the case q NE
hear pcthi1g from lie oppo'te SIDE q 'om iha Cous
ar from the Jury shsh rot trouble The conuSel or
tbs other eide nth any furtbsT remarks but shall ua
eeYstand that We 30 10 the JSry on tne Grs omsbL
That 10 81 oen cay Ct this time but repeat that
we DO rot deem il cosss,sIt Win duty ~ this DO
tense TO take up the legal argument u1t ts prosec
ton sLnodDce tO thGt .h-r have ccsed their eyl-
deuc. d I'll ~ matters Of fac: on which they rely
are before the Coat and Jury.
Jo5geit ~ proposet ~ iDe United states INA Two
sltBess.s beir sbsent vhe expected here ts NOR
row the evidenc shall stop for the present. ava tnat
cs-tsin propositions Of iGE, or prayers as they are
"a led here be submitted by the OGlt5d btaJee, hno
~ sftsrnoon he taken M m their Discussion THIS
pf optsitioD uD0trs,apd 10 oe disuocuy oec'neo ny
the defente. Inc only Otner mstter 10 VINE hoI tns
Court will IN the exercise o. rs dscrstoa, eosPeol
The further prosecution % Tho csse nnil 70 borrow
morning waiting for these absent witnesssb. Tns de.
fence do cot very sTsnuOusy object II ira coarse
think therefore that under the crcu nstahc's OF te
case the United States having served snO2ehs1s on
N parties, srd attachments having bsen tssen.to
stsis them which attachments are not yet feturae1
the discretion of tie Court would D. properly exercised
in posporrg the further hearing TIL TO morroF morn
mo Ent there ought 30 he some hmt to this thog.
Uis 70 be stood that not to wait further
for these Witnesses
Tpe -AttorDey-Undoubt
NJ Carlisle-The hGIt il tO-morrO morning.
Mr. Brady-I have Que suggestion 70 n4ke TO my
friends On the other ride which may have the Ell sct OF
saving tine and eUabhng ns TO dispose advantsgeoasy
OF he tao hours that remain to.dsy. Lst them
give Us their Instructions now, ana We VIII see
whether we viii sqree TO or disseat from them
Mr. Csrllsle producing paper from his pOrtoho)-
In anticipation that something might occur 10 ooS
us 10 the point of Instructions % day, prepared this
one a. late boar last night have submitted II %
liz md 10
alaioed it 80 critically az would desire hun u do
will give you copy of IT with pleasure
Mr.. Stanton-Wl tat include the whole
pi-trict-A,tOrney-O Oh, no. We may have more 10
add sf,er the oefense submits It's instructions.
Mr. Csrise-ln my own view Of The mater, thai u
al the Law that is necessary to be laid down ID TIE
ease except further instructions shall be prayed on
yOnr side,
MI Brsdy-It s agreed that the ecutioo furnish
us witt q copy OF Their propositions. We will Ia re-
turn, soon as we prepare them, fuThish ours 10
the n. BY dong &c, TIE discussion, when We cone
to COurt morrow morning, will be c)mpaistyey
brief. No time vii be lost by this arrangement on
the contrary time will be gained by it.
udse-l auO very glad to hear Of anything that all
terd 10 time
Mr.. Carhse We may not, N fact, disagree as TO
certain propositions.
BIZ. Sisoton-I think you viii sgree to our law.
This arrangement beng made, the Court, al q
quarter past one O'clock adjoaTei
The fjos,rg are the instfuctiOns propoeed to be
submitted for the prosecution;
II III, Jury be eVe frOm tae evidence in this whole
cause ihat the prisoner On The 6ey named IN the 10
dctgent. aud 10 ihe Comfy Of Washington aforesaid,
killed the said Philip Baton KY by ni-chsrgpg at,
SO ainst and into the body Of him the sEd Pnp Bar
ton Key, pistol pistols loaded with gunppHler
and bali thereby giving BIN mortal wound or
wounds, ana thst such killing tie wful snd in-
tent ona act of the prisoner and was induced by t1e
belief that the said deceased had sedujed his, the
pIisoIers wife, and some Say or deys or for any
4. a. -. 20 ta unf anfh
killing had aduterous Intercourse With The sai1 vile,
and that the prisoner not provoked 10 sucn kuDg
by any assault offer OF violence then used au1 t1ere
made by the dec eeed upon or against nj tnen sucn
wilful and Intentional killing II found by the Jury,
upon all the facts and circumstances given III evi-
derce, ia murder But sucn killing cannot 10 found
TO have beer win and Intentional IN the sense OF TINS
instruction 1t sha have beeu proven to the saisi.G
ii Of the Jury upon fhe whole evl1encs sfOreeaid,
that the prisoner wos in fact insane al the me OF sueb
killing. .
painful occurred at the time of the adjourn
mert MI Hart who mas been unremtting IN ac5s OF
kindness 10 Mr. Sickes since the melancholy occur
renee ard who has been COZ stanty by his sloe com
fortine and sustaiong him, yes forced to leave Tor
New.lolk this siteInoOn. Ga takiOg leave OF each
other both exhibited 20 deepest elOhon, MIR. Sckes
almost faintlpg IN the dock.
An act of reconciliation between counsel took place
in the Court shout the same time. Mr. Stanton came
up to Nir Oud sLd sde apology for any harsh re-
marks he had Jade OF 10 TIE progress OF the ,se
MI Ond fIsLkl accepted the apology, and expressed
his pleasure at the tOration of smicabe relsOns
There ls good lie nj Of scandal current about TO IN
affecting the character aod reputation of others be-
side the principal ore III tina drsma. IL Noali be
improper, however 10 give the various stories pub
hcty
their minds d week ago. This may account for the
able weakbess manifested by the prosecution
IN N eit testimony aod also for the unaumOus dspo
sition 70 di,psnse with the cumming ~ speeches.
TIE case viii probably clOse early to morrow.
After tbs oOurnmen ut of Tho Court, the counsel FOR
| the defeBfe met in the NJ pslals ROOM and agreed
| upon the following instructlons
| First: There ii no presumption of malice in this
case If any proof OF sieyiatOE, excuse lus'lt
ton srise ut OF the eyideLcs for the prosecutions
| State We JOIN Sol, vol. Jo.es p. 90. Mcdaniel
We State VOL Smead and Mas aals, p. 40i; Day's
| case, Il Of Pamphlet.
StcoRd The existence of malice is not presnmsble
in this case # Oh any rational Theory consistent WITH
ali the eyio ence the homicide ether iusttable
excusable, act OF monslau bier. Same cases .s
above cited L. 5. Va Mlpgo Vol. Curtis; G. Z. X
4 l. Commonwealth We. York, Vol. Bennett and
| Heard, Leading Cnmnsl Cas-, p. 80.
Thpd II, on the whole evidence presented by the
prose cutOn, there any rational hypothesis consist
ept with the CencutoD that the honcde was justina
Die OF excusabe, the defendant can1ot be convictsd
F.Brth; Ii the Jury oeheve that MIR. S!cses, wken
the homicide occurred, iItt nded to Kill Mr.. key, me
| cannot be convicted vi nsnsl1ugtter.
Ftth II il for the Jury To- determine, under all the
crc1u stances Of TIE case WHITTIER the act charged
upon Mir. Sickles Is murder, or justhAbe homicide.
| Rysns, case =. Wbeelers Grim cases 81.
| S,Ita: Ii the Jury nod that Mr. Sckles killed Mr.
Kew while the latter ia criminal Intercourse With
the wife OF the former MI Scses cannot De convicted
| Of ell er murder or mansaushter
.Stte.la. u from the whole evidence tne Jury be-
heve IL a. Mr. Sckles committed the act out at the
time a. dong s2 uEdeT the influence OF diseased
] uInd ana sss really unconscious, that be was COM
| n ting a criwe, he IA rot in law guilty OF murder
| Dsy's cas.-P Pamphlet, psge9.
! E,g,A II the Jury believe, that from any presis