The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-26

vines undertakes to sive after oad e"nveTsAson
there y hearo what may be scnhie bel~e 'a'se ou-
ts, SO thai 10 Mr. AcCofumks eyes street isns
nns he N rns IN IA bs nothing the II
re ,neounIer Mr. sckles dre~ a pistol fred
,ajp runner OF snot which effect 81 what time This
o,om,ea m What posi,ion Mr. Key left, matter or
~ 80 80 aorbs The testimony of the prosecution
u ctnfctnr In. result @as tha, Mr.. Key received bis
Sesh oupd ana was taken Cuo House; and short
~ aer there were found the spot glass,
vh,ch beiougec 10 bin and Deringer pistol. To whom
aid hrs n,l be opc and who In this encounter No
xnp,,s ut..encs taat IL was IN the posse OF Mr.
| si.s,s. he had nothing but revolving pistol.
Tusrc ~ no .taemen nini or insinua,on from any
n.sp Ii a, he hao my ober weapon The cononoa that
be had is entirely exoluced by the proof ass, who
osu,o the perpre- pistol You remember what proofs
n topf,e0 10 give aboul Keys beng prepared ior any
e In we " o, she facts of COLLISION that
,ol he wed 90 Kew and WAS useo by tha.
Ter hia n made conc usve Although personal friends
OF Kew have bee aTonnd this table watching the result OF
tbf ,jaliu,ucpg Air. Jopes-w,th stes5ast and search
ing interest not one has asked whether this Dsng.r
pistol 10 Key 3 paesefs on; 40 witness vas ofousnt
bers 10 say Nh gher Key Lan such pstoi not one who
aiienoco 10 his domestic affairs, who brushed me cotns
war asked by mis- aseociAes, or permitted 10
slate. whether this pistol belonged to Key.
Mr. Brscy ihen ad the first, Sc ,oad and third insLuc-
| tons herssoIofe presented by tho dei' noe
rt,There 4, M o,s,mp,,n Of m.i,e 10 this csse any
rrou Of sevshon jpshcaou" Sise out ~ tee
evdel for b. prosecution stse w MON so onSs'
pppe 20; Mcnanei " lt,e soi o. 'A"e"" A1 M ~
az ~ se ~ VI p' malice "a no, prsnshle IN .his
cs ~ on hy tbeor, cousst Mt 9TH al toe eocs
hs b. ncd. ss either nsi6s,le, excasarle, Or at or
rsf,iausbier same 4poy. cited, o. va n'ngo'
yo = p,n; = -, T. S,u'l1p nSs a W.. ~ WI " '
& eIa s bois sSisspce presead 6v the prosecu-
, ~ M Inv CO. sistsnt i'm III eOucu-
Sion to he nicide was Unsuitable eIcussbe ns dsfen
cant convicted.
He cited the Unfed States agans: Jipgo, vol Curtis
reuis court Repors Mlppo ard Jobusou the deceased,
bsd served on board snip, It's way from Apa
lacbicoa 10 Boston the defendant sas Hayden negro
snd toe seessed ooored man foa Bait more john on
was med with Ratchet, ard Mogo with a snis; Jonn-
receved three slabs EXPRESSION. Of anger aaa II
party mace the attaes of the ray either
armid HIMSELF and whl. The words usea, the ttsu-
mcny OF plre witnesses who saw ay vas contra
dt,cIy In this case revolver was the hands of Mr.
Sickles and iefnger in those of Mr. Key, aud there
nesses have been Examined Tor toe prosecution here
There no one gave the origin OF Mugo.
gave johnson three stsbs Mr. ScKes fred three snos
although out one was mortal Am I not right in saying
no mortal man, in view Of the Derpger pstol kno VS.
What acre the words or the povocaton al the moment
Of eolson and what was reaiiy the position of tbs
narties md not Mr. Sckes accpse hm of having dis
fo,ores his nous. ana NAV not Mr. Kew have renlied
81 Rave and you can me the hest Of i, and this re- DIV
NO.. hs haer scsomnaried nv nroanv he dra urin ina
80 sa.s TO- ons urross and fhs Dar,ngar IN, .noher
Who an s have sa.ea win the
,,uo,r aaancodp onv act, ho, uor tre., tna coo. IN
80 J :. go ,i.yy rr III yStsr,or ,rho has %
~ s !. -, ~ " 1850 49, ~ w. .,nn1 a. .ha -
az rt ~ n To- @ Wv .;,n 1850 y, .ns
, w =, , pa,xo sn,r,n ,no nar,,N,riv
nv ~. ~ ,t M coz ~, o, , nt s,nds
,s nS ,unn =, Wy ua my H. Ka1 nns
pto.Seeo .ne oue' ounu IN sue pe's W III Noy a
Non I'uo ino ipo va :. "u ,. q. ~" .h e s
was p.aoucea SUPPOSED ~ "ou'a y. Tue pesnse. p's
so. anu ne'.o,e an enor. was ue " ouo'v ~;
sexes VIII IaA put uhio Tue Tui.e n wo. NV
Key cane out Of the revolver What then became Of
the bullet from the Derpger which was found 10 be ex-
poded? Mr. Brady then referred the charge of Judge
Curtis in case rsced aipst Mngo the Court holding
Il was ncu u bent on the government TO prove feonous
killing and IT, ON the whole evidence the government
failed 20 sssry the Jury that the act was felouious
hrvo,3 d,uh, ,here n,ust be n vardjct NJ mot
guilty But I do not think Mr. Brady said that the
government has proved, as required 'case of muir
der beyond all reasonable Doubt II that case
vss moro confused than this | am not able TO
perceive IT, never saw Mr. ~ nut once and not his
face then: but whatever else might be said about him
none Of his epds or anyboay who gpew him would saw
that he would not in proper case under rghtfu provo
CATION ebt and suppose ne would stand in the same
cs,eedy as described in the case have iust re s which
saws 10th be no IN the deck angry words passed be-
tween them: both being excited and ready for a Ggbt
armed themselves eoIsy: Doth fought and nm
son was killed The iury In view of ali the facts &C
Quilted Mngo Mr. Bray referred to the Judges ruling In
the case of Dav saving he had made those remarks TO
show that the paye err OF was no, an abstract pro
position an BY pothess OF which there is 10 proof to
warrant If TO- your Honor could not listen to it mo-
ment 1t s the fact that four shots we're fred in this case
from the evidence stands only three fired
from the pistol OF Mr. Sckes. As TO the fourth shot,