Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1859-04-18
1'hcn the offence is reduced from murder to man
slaughter.
Mr. Brady said Mr.. Ould might argue the adul-
terry point as long MS he chose. and he should not

terry point ns long MS he chose, and he should not
reply
Mr.. o. continued. citing various authorities.
Mr.. Stanton responded. in q rnpd and somc-
what excited manner repudiating tho legality Of
the hnss oi Ould's argument.
Mr.. Ould reioined, in personal strain alluding
to tho animadycrsions cast upon tho counsel for
the United States by Mr.. Stanton, in reference to
the conduct of the prnsccutiou The collection Of
'stnrs" here for the defence was noticed by him.
All had their particular duties> Some seemed 10
l'c assigned the high tragedy. some comedy. some
the heavy business, somo the part Of walking gen.
tlomun, ono the clerical stripe and to play tho
part of the bully and bruiser. No man had q
greater dislike to personal illusions than himself
No man hud deeper contempt for tho gotters
up Of them, or tho methods Of conducting thom.
The speaker stood here without vindictivcncss and
without malice towards tho prisoner at tho bar
he could not call tho murderer q gentleman. lIc
should not call mp malicious feeling for tho pur-
poso of relieving himself Of tho aspersions which
had been thrust upon him by tho counsel for tho
defence.
Mr. Stanton replied TINT no knew his duty to
his client too we'll to bc led aside to engage In
any personalities by tho remarks Of tho gentlemau
| on the other side. lie did not intend to go aside
from tho duty which called him hero to protect his
friend from being Indignantly hunted down aud
dragged to the foot of tho galows. llo did not
know tho gentleman on the other side, and after
tho language he hud used no did not desire to
know him.
Here tho rrcn,cst excitement was manifested in
the crowd outside Of the bar, and the speaker was
hailed by nh outburst ofnpplauue. Tho sensation
was not quced wi,hou, considerable difficulty ON
tho part of the officers. The Court ordered any
person found in the net Of giving expression To
any further demonstrations instantly to be arrest.
ed.
Mr. Carlisle said hc designed addressing him
self simply to tho question oflaw in issue, that s,
shall the defence he allowed to give in evidence,
tho statements nude I" the prisoner ON the day
preceding tho homcidc'
Mr. Stnnton-lt is offered to prove the state Of
the prisoners mind when he committed tho homi.
eide
Mr. Carlisle thcn proceeded to arguo in favor Of
tho hypothesis That the prisoner Mt tho time of
the killing wns either sane or insane. lie com
pared tho present to previous cases tried in this
court.
Mr. G. continued at length. IIo confessed he
liked the old fashioned laws Of North Carolina
She is not "lnst" New York, but there is
sounduess in the decisions of her Judges. They
compelled II man to be proven mad, and did not
say he ought 10 have been mad. If he not.
Mr. Stanton wished word of explanation. His
friend Mr.. Carlisle. hnd alluded to the sentiments
ri the people oi the section in which he u.s. lived,
on the subject of slavery llc would ndd-ho
: uli inherit tho principle of holding slaves. as
hs father was North tnrolininn and his mother
IA NirEnan.
After cross firing. the court decided That,
n tending to produce insanity the communications
oi A. or I To the prisoner, were not evidence rs
10 the question of his insanity. That was fact
! for the jury TO decide.
| .Ino Peilnr, cnllcd--Livcs in Washington; knew
Key; did not soc him tho day Of his death; Key
was in tho vicinity of Sicklcs' house week before
| his DEATH witness WINS behind the statue IN the
park; saw Key come in the park, scat himself near
the statue and lean his head upon his hand pull
ont his handkerchief nhd wave it over his head
Mt the same time pccping at Sicklcs house; wit
passed out. leaving Key there; has frequently
seen him stopping about the square during some
two months always about the same hour Of the
! dav, whenever witness came through the square
! Key generally VIVA about there either inside
near it; he walked rs if he was walking for plea
sure.
Vim. Ratlcy. cnllcd-Kncw Key by sight; saw
him two three days before he was shot. near La
! lnycttc Square reading letter from Mrs. -, and
! the little girl was with him: Key walked up the
Avenue, reading the letter the while; il fro
qucnt thing for witness to see Key in that ycini-
~; the letter was brond sheet: he held it until he
passed out of witness light; thinks he gave the
! letter to Mrs. $.
Mr. Stanton showed witness sheet of white pa
per- and yellow envelope, and asked him II the let
Ter in Keys hand looked like that
| Witness thought it about the same size; did
not any envelope, if it was n double sheet, it
| was not unlodcd.
| Frederick Wilson. called Was present and
saw Key and Mrs. Sickles come up the Avenue;
! she went into Green's store awhile: Key remained
outside reading letter. witness crossed the street
and remained on the corner until they passed him
| in about Is minutes Key came back on the other
side; as they passed witness, Key put the letter in
n yellow envelope, like the one in Court; knew
/ Mrs. s. before that; witness remained but few
moments on the corner after they passed him, had
| seen Key in that vicinity Il number of times;
| Key nearly every day; he passed through Lufay-
cite square three times n day; generally saw Key
there between IL and o'clock: saw the handkor
chief wave on Saturday, two weeks before Keys
, death.
Thomas j. Brown callcd--Lives in New York.
| In pursuance OF instructions from Mr.. Brady, had
procured the lock which was handed to witness;
| he identified it as the one he received from Mr.
| Wagner, locksmith.
| Jacob Wagner called--Resided in Washington
| Is u locksmth. Witness here showed lock
| which hc said he gave last witness; he took il
from John Grays house, at No. 1893, 10Th street;
| several gentlemen were presant on the OCCASION;
| thinks Mr.. Pcndlcton, Keys brother-naw, was
there; hns seen the same gentleman here in court:
A colored boy came to get witness to obtain the
lock; the boy paid witness for taking it off and re-
| placing it with another.
The counsel for government objected to the in
PRODUCTION Of this evidence.
Mr.. Stanton in loud and excited manner con-
tended for the right to show what he called mon
strous attempt Mt suppression of evidence in get
ting this lock off and out Of the way.
Judge Crawford ntcrposed and remarked that
this was a very grave trial and must be conduct
ed with regard to decorum than hitherto.
Mr. Stanton excused himself for the loud tone,
on account of being obliged to sit the priso-
ner whereby he was obligedto elevate his voice to
make himself heard.
The Court replied ii was not the pitch of voice,
but the manuer that complained OF.