The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-23
TELECRAPhIO NEWS.
S~~~>sss-~ss.~~->~~s->s- ~
TRIAL OF
DANIEL e. SICKL Els,
FOR THE
Murd G r o f
p. BARTON KEY!
rsxpoRrrp SPECIALLY BIT TELEGRAPH 10 ERE Aich
xoNp DIsPArcH
PER MAGNETIC TELEGRAPH NEs,{
Oryfcx-No. l39 Eagle Square, Main %.

Ofrfcx-No. 10y Eagle square, A"s'" w.
WASHINGTON, Friday, April ~.
Whether from gloomy weather or lack OF 'n.er'
est, the number present 10 court TINS "orn'"s'
was not more than forty or dry. -,
The jury were behind their usual time, anu 'ne
Judge reached the room before them. linen oc'
currod another interval while the prisoner was
waited for, occupied, as usual In newspaper read
ing and In discussing the question whether or not
the mysterious letter 10 CIPHER was written oy
Mrs. sickles In opposition to this, there was as
serted by those who claim to have seen the letter.
that It IL dated the Saturday night preceding the
fatal Sunday when Mrs. 8. was in such state u
excitement and prostration as to preclude the pos
ability of her setting about constructing CIPHER
letter. Others who claim to be quite as well post.
ed. maintain that 1t has no date whatever, and
unquestionably Was written by the guilty wife.
Jos L D,iro,o, calIed-Did not think Sickles APP
peared to be more excited the day OF the killing
than any man wouId be in q fight; was about
thirty or forty feet from him at the time the shot
Edpard DelofeIa, re-called-saw SickIes coming
down 10th street after the killing: it seemed to
witness that his manner was rather cool, from the
fact that he put his pistols in his pockets aud
walked away quietly afterwards; saw nothing un-
usuaI In bis manner before the killing.
(Has III G. LetUis called-Is connected with the
Office of the Congressional Globe; witness pros
duced two bundles of the Congressional Globe
copy containing the whole days proceedings Of
the House of Representatives on February 25th
and Goth, including the speeches made on these
days by Sickles.
the state of mind of the prisoner on the two days
Immediately, preceding the homicide.
r X Smith calied-Was a reporter in the House
of Representatives on these two days. The hand
IL
day Feb. &c, is that of McElhone; that of Friday
has interlineations in another hand writing
Thinks Sckles spoke on Friday about p. NJ
on Saturday about p. NJ.
Mr. Carlisle proceeded to read the Congressional
proceedings and the remarks made by s, on Fri.
day, the 25th February. They were made in the
course of the debate on the Naval Appropriation
Bill. He moved an amendment to strike out all
appropriations for the navy yards except those at
Pensacola Norfolk, New York and California, and
the Speakers hammer fell. On Saturday he spoke
in defence of the Brooklyn navy yard. Mr. Car.
isle proceeded to read at length the copy of the
speech, from McElhone's manuscript.
Witness resumed-Thinks this last speech was
made about o'clock. Judges go from the fact that
i. occurs half way 10 the days proceedings. Does
not know by whom the revision of the speech of
Friday was made.
that they might see the interlneatiops in another
hand writing.
Wstness-In majority Of instances the speeches
were handed to members that day for revision,
but does not know how it was In this instance.
After recess at half past IL O'Clock, Mr.. Car.
Isle stated that the prosecution bad submitted to
the defence a certain evidence which the prose-
cution proposed to offer, and wished it to be
considered by the defence.
Here Messrs Ouid, Brady and Graham gathered
around the Court with books and papers In their
hands, submitting to the Court the proposed ties.
timony.
The Court at length, without stating what the
offsr of evidence was, ruled that it was not adj
| missble.
MIR. Carlisle said the court having ruled out the
| offer of testimony, there remained but two wit.
nesses to be examined by the prosecution-Sena.
| tor Brodhead and Mr.. Waldimer-whose evidence
| would appertain to the question of insanity. He
| had learned that these witnesses could not be
here before this evening, and proposed tina, the
| court now proceed to the discussion of an in
struction not bearing on this point of evidence,
| which the prosecution proposed to ask for. He
| did this with view Of not interruptiDg the court
| in this protracted trial. He desired that an at
| tachmsnt, which had been issued for Brodhead
| aud Waldimer, be returned with the witnesses
themselves. If the counsel for the defence should
not think proper to accede to the proposition, tho
prosecution had only the alternative left to ask the
| court to adjourn until Tomorrow morning, until
| the absent witnesses be forthcoming.
Mr. Brady-The defence will offer no obstacle to
any testimony really bearing legally on the case,
yet the trial has been so protracted seriously
iucor yeuence the court, jury, counsel and wit.
nesses. He had testimony of accumulative chars
acter in hand. upon the state of the prisoners
mind, but abstaned from Offering it in view of the
| length of the trial
| MIR OuId looked upon this evidence as very i'm.
portant, relating to the point of time, on which
| no evidence had yet been given. The U. s. were
anxious to time as we'll the counsel on the
other side.
Mr. Chiffon desired to make brief suggestion.
After this long and laborious trial, and hearing
the rulings OF this court in previous similar cases,
it had been the purpose of the defence to propose
TO the prosecution to submit the case to The iprv
without argument. The defence had hoped this
proposition would be acceded to by the prosecution
They thought if the proposition should not be &C,
coded to- and if they were to have prayers by the
prosecution and counterprayers by the defence,
they preferred to have discussion on any Of
them until the evidence was all heard, unless the
prosecution would first agree to get to the iury
without argument. The defence was willing, after
the thorough examination which had been made
to submit the whole case without a word Of argu-
mont.
The Court, after reciting the point, decided that.
under all the circumstances, it would be compelled
to adjourn the Court till tomorrow morning
but as the Court thought there should be
some limit to this thing, 1t did not think any fur.
Their time than that proposed by the prosecution
should be allowed for the return of the attach
ment, md therefore limited the request to that
time, more than which the Court did no: think it
justice to grant.
Mr. Oud.-When we shall have concluded the
prosecutors testimony and the instructions
to be asked, the prosecution will gladly submit the
case without argument. The prosecution have de-
cded that the court shall instruct the jury as to
what the law of the case is.
Mr. Chiiton.-The defence will reserve response
to that proposition until after the prosecution has
closed its rebutting testimony and asked and are
gped the instructions to be required.
Mr.. Brady suggested that the prosecution should
give the defence a copy Of the instructions they
asked for, that 1t might be able to argue their
part at the meeting of the court Tomorrow.
Mr. Carlisle had but an Informal draft of single
instruction which he had submitted to his col.
league, who agreed with him as to the propriety
of asking it.
Mr. Stanton offered, on the part of the defence,
to submit the instructions to the jury, bat be pro-
prosed to ask Of the prosecution, on the day be-
fore, if they could be prepared.
After a consultation between Messrs Carlisle
and Brady, this was agreed to, with the uuder-
standing that in the morning both the defence and
prosecution were to be ready to argue.
The instruction is as follows:
If the jury believe, from the whole evidence In
the case, that the prisoner, on the day mentioned
10 the indictment, killed said P. Barton Key, by
said p Barton Key, pistol pistols, loaded with
gunpowder and ball. thereby giving him mortal
wound or wounds; aud that such killing was the
wilful and intentional act of the prisoner, aud
was induced by the belief that the said de-
ceased had seduced his (the prisoner's) wife,
some day or days before, or that at any
time, definite or indefinite, prior TO such kill.
ing, he had an adulterous interview with Der, and
that the prisoner was provoked to the killing, by
assault then and there made by deceased against
him, then such wilful and intentional killing If
found by the jury upon all the facts aud circum.