Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-14
TENTH DAY-THURSDAY.

Crawford took his place on the bench looking in
better health than on yesterday
The usual order for bringing the prisoner into
Court was made, and until his arrival the time
was occupied mainly by those present, in the ex-
animation Of newspapers and '.pictorials,n the
latter by their fancy sketches Of trial scenes fur
nishing their usual quota Of amusement
The prisoner entered the court at iOX O'Clock,
amt the jury was called.
MIR. Brady then called Geo. Is. Woodbridge
TESTIMONY OF GEORGE B. WOODBRIDGE.
This witness is cripple, and gave his evidence
seated in chair placed on the stand.l
This witness testified that he resides in Sullivan
county, N In February last resided at 81
Twelfth street, Washington city Had resided
here up to that time since the latter part of Noye-
Der last Was a clerk in the House of Represen-
tltlvcs Knew Mr.. Key, but not Intimately Never
had occdsi ion to speak TO him but once or twice
On Saturday, 25th of February in the afternoon
was IN Fifteenth street from very 10 a. Ia. till
near p. IN. Saw Mr.. =. thai afternoon between
and o'clock at the Capitol His appearance
was much dill ierent from what it was the day be-
| fore. He appeared to be mere like himself. This
was when witness first went to him This was N
tine rear of the Speakers chair Witness had some
conversation with him; and then got him to 20 to
an ante-roOm after trying to pacify him. lie was
I very much distressed. No one in the room
where witness took him. Witness left him there,
and did not see him again TINT day. Left him at
/ p. IN. saw him again near ~ O'Clock in the
/ library of his own house next morning.
| He first appeared with bloodshot eyes lie ap-
proarhed witness and told him that he had sent
| for him (wituesS) to come to him, (Sicklcs) Wit
ness remained there till all had left the house in the
| afternoon. lie acted through all the day like a
man in great sorrow and distress. SO much so that
| witness watched for his going and coming con-
stantly. lie went around the room rangely aud
then would 70 up stairs, and then down 10 the
\ library and talk about matters and then 90 an
/ again. lie would sob, and press his head against
the secretary in the library. He would raise his
| hands, and give vent to ordinations Sometimes
| ltF I'll tenn nj han
| his head was affected. Witness advised him 10
| give vent to tears to relieve him.
! Saw hey twice that day, (that is Sunday) The
| first time was between 10 and IL O'Clock going
out of the gate at Seventeenth street and Pennsyl.
vania avenue and up the avenue. He crossed
| the street, and witness presumed he went up the
avenue Didn't notice which way he looked
| The second time was from twenty minutes to
quarter To = O'Clock, directly in front of Mr. SIS
| libra window, on the park sidewalk. There
was lady and gentleman with him. Key was
! next the curbstone, the gentleman next him, and
the lady next. Mr.. Sickles up stairs, or had
| gone up stairs-he had left the library Saw Key
| take his pocket handkerchief and wave il three
tunes. and while doing cast his eyes to the IN
| per windows Of the house. He seemed DESTROYS
not to attract the notice of the lady and gentleman
| in waving the handkerchief. When he reached
the gate he stopped in front of II and shook hands
with the lady and gentleman and entered the park
going down towards Madison Place. After the
| handkerchief was waved, in two or three min
utes saw Sickles enter the library door. lie said,
4
Carlisle. Never mind what he said-teu what
/ he did.
He was very excited, and talked with Mr. But
| terwOrth for a minute, who endeavored to calm
/ him. Then he went into the hall, and this was
the last witness saw of him until he came in the
house with the officers. When he came in Mr..
| Berret was there, and Capt. Goddard, Mr.. X. ].
Walker, ButterwOrth, MIR. McBlair, Mr.. McClos-
key. and one two officers Witness was then
| sitting an easy chair by the library window
Mr.. Sickles came in the library and went out
again. Witness heard him in the drawing room
after that. The parlOr door was closed, and wit
ness heard no conversation. Knew Mr.. =. was in
there, for be came out Of that room with the ori-
GERS
Brady. '.Did you hear him sobbing,n
Mr.. Carlisle. That's a leading Question:
Mr.. Brady. 'TWell. did you hear anything p,
Witness. 81 did not"
MIR. Brady. II will put another question
suppose a leading one. Were you not very IN &c
excited at that timer
Witness. - | was, and wish never to see an
other such day that
Mr. Brady here conferred with the prisoner and
counsel i moment, and then asked the witness If
he made any communication to Mr. Sickles at the
time ne saw him in the Capitol on the day pre-
cedng the killing?
The witness. - did, sir"
Mr.. b. then proposed To offer this communication
of witness to Sckles evidence.
Mr.. Ouid. for United states, objected, and stated
that the defence had already offered the evidence
OF the communication being made to Mr. Sickles
and II was now proposed to give the entire subject
matter of that communication in evidence TO the
coart and jury in connection with the condition
of the prisoners mind This was certainly not
competent testimony,
Mr.. o. then went on to discuss the subject of
insanity, saying If 1t was proposed TO show that
the prisoner was insane, il was uncertain, unTe-
liable, and led TO no fixed conclusions. No matter
what was the nature of that communication, it
did not necessarily follow that ii produced in
sanity. This did not rise even to the dignity of
secondary evidence. The prisoner was surrounded
by his friends and acquaintances At this time and
the only evidence to snow that the mental powers
of the prisoner were diseased was TO show acts at
the time and subsequently tending TO produce
such a conclusion. IL these declarations could
not be shown to give proof Of insanity in the mind
OF the prisoner for what other purpose could they
be Introduced! They certainly could be shown
for no other purpose than as giving proof of men-
tai disease, and could they be introduced for that
purpose. The rule Of law was plain ON this sub
ject, that the mere fact Of adultery did not cons-
tute any excuse or justification unless the party is
caught in the very act, and then only to reduce
the crime from murder TO manslaughter.
Mr.. Brady here stated that Mr. o. might go on
to argue the point Of adultery as long he chose,
but he should not answer such argument. That
was question to be argued at another time.
Mr.. Ould (continung) claimed that either an
proving insanity, or a state of mind lower than
Insanity, such as frenzy or deep grief the evidence
incompetent. All evidence ought to have
some logical connection with the issue. No matter
what was tine infiaIned state Of mind Of the pris-
oner, such evidence cannot come in on the trial
/ of this issue
| The only mitigating evidence was where the
guilty party was caught in the act Of adultery and
aSy declaration to the prisoner of any other fact,
no matter how such declaration may he calculated
10 influence the prisoners mind, is not admissible.
J MI ould proceeded to examine the nature of
the communication It was proposed TO offer. The
rule was well settled that under no consideration
could THIS be admitted, except state of actual
s1hity o. attenP'ed To be proved, which the
speaker did not understand To be the nose ot
the defence: Here the speaker read from the ith
Of Iredell, North Carolina) page 49, case SINH.
lar tn the one under discussion, In which evidence
! precisely similar To that proposed TO be offered
now, was ruled out by the presiding justice, (Bat
ue)
1.-The ruling Of Judge Battle had been, i'm thi,
case upon the admissibility. In order to have an,
effect, the evidence must come up to the rules laid
down in Blackstone, Foster, and other undoubtet
authorities Aud II it fall short in any respect
c. uld not be admitted. This evidence w weake
than evidence going to show direct insanity. In
asmuch as IL did not meet the issue, 1t therefor
! became immaterial whether the facts referred
were true or not, they could not be admitted Il