Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-04-15

order that vengeance might obtain the blood
OF the prisoner, who was SO fiercely hunted.
Mr.. Ould replied. The counsel for the de-
fence had insinuated that the public prosecut-
or was aetuated by thirst for blood, and that
he hunted down the prisoner for vengeance.
Mr.. Stanton discaimed making such charge.
Mr.. Ould replied, he could let his argument
and conduct in this case go before the Court,
and before the world, in contrast with the dis
reputable rant the counsel (pointing to Mr..
Stanton) had exhibited. There was no place
where gentlemanly feelings could be better
shown than in forensic contest of this nature,
and so there was no place where vulgarity and
rudeness could be better exhibited. There
seemed to be divisions assigned to counsel for
the defence to some high tragedy to some
comedy to some the part of walking gents /;
and one appeared to fill the office of clerical
"supe )" while another had carried out the
part, whether assigned to him or not, of the
bully and the bruiser. tSensation in COURT
No one had greater dislike for personal contro-
versies than himself; no one an intenser
scorn of the person who gets them up. He
had endeavored to fulfil his duty as public
prosecutor. He had no prejudice against
the prisoner. He believed he had imbrued his
hands in fellow creatures blood He could
not call murder, genteness, or malice good feel
ing. He had only risen now to relieve himself
from an aspersion which had been wantonly
made against him.
MIR. Stanton, who sat by Ould's side, rose
earnestly, saying-I know my duty to my eli
ents, to their cause, to society, to myself, too
well to allow myself to be drawn aside by any
such personal considerations. am not to be
drawn from any principle of law by any such
resort as that of the counsel for the prosecu-
ton. will leave his course to be judged of
by the whole world If his course is justified
by his being public prosecutor, be it so. l
say the law he represents is not adapted to our
state Of society. On his principle it would
lead my client to the gallows by those who
are Indignantly seeking his blood. | have not
the honor of his acquaintance, and after his
language just uttered, do not desire it
This sentence was followed by the stamp
ing of many feet by the auditors, without the
bar; but the Marshal and officers soon restored
order.
Mr.. Stanton resumed by repeating that such
law as was insisted Oh would conduct h IL
ent to the galows, and that there were private
prosecutors present | cannot he said, reply
to the counsefs remarks /; l defy them; don't
fear them. Much sensation
Mr.. Carlisle closed the argument for the
prosecution. He was at loss to know on
what distinct ground this evidence was offered.
Mr.. Stanton-lt is offered to account for the
state of mind into which the prisoner was
thrown.
The Judge-So it is understood
Mr.. Carlisle wonld then inquire whether it
was admissible for that purpose. 1t was not
competent to prove insanity by the declaration
or communication Of other parties, but by the
acts and declarations of the prisoner himself
Whatever communication the witness, like
lago, poured into the ear of his friend, was not
Important The only thing that was impor-
tant was the effect that communication pro-
duced on the prisoners mind.
The discussion between Messrs Stanton and
Carlisle proceeded at some length, in the course
of which the North Carolina case was re-
viewed.
Mr.. Stanton in the course Of reply said the
relations of counsel to slavery had been refer
red to. He would state here that he had the
blood OF slaveholding parents in his veins. His
father was North Carolinian, and his mother
a Virginian.
Mr.. Carlisle-That is an interesting fact,
which l hope will be chroniced, like all other
things that may take place here, so that when
the gentleman comes to have his biography
written, that fact may be sustained in connec-
ton with the doctrine he has expressed and
maintained.
Mr.. Stanton.-The doctrines which he has
maintained here i'll defence of homes and fami-
hes will be the proudest legacy he will leave
to his children. Suppressed applause.)
Passages Of an entirely personal character
between the counsel here took place, and con-
tinued until checked by the Court
Mr.. Carlisle then closed his argument against
the admissigility of the evidence
The Judge.-The proposition, as / under
stand 1t, Is to receive the evidence of a COM
munication made by the witness on the stand
to the prisoner, to prove or to aid in proving
the insanity of the prisoner at.the time of the
commission of the offence. That is the single
ground on which the prosecution is now put
Judge think this evidence offered as
link Ill the chain to prove insanity is not re-
celyable. The jury are to judge how far in
sanity exists, Strengthened by the evidence of
acts such as usually characterize arrangement
OF mind, if proved; but the communication of
A. Is. to the prisoner, or those of any given
number of persons offered in regard to insan-
ity cannot, | think, go to the jury. Excep-
tions taken
MIR. Stanton-Will your Honor be good
enough to explain little further, so that we
can understand how to meet your Honor's
views on that point Your Honor says it can
not be admitted on the point of insanity.
Judge-As tending to produce insanity, or
as cause that will probably induce insanity
MIR. Stanton-But, if coupled with evidence
OF insane acts, what then All that we desire
is to get in evidence that will save the prison.
er's life. of course, the jury are to be ult-
mate determiners of the facts. If there be
any views in which we can get it in, we would
be glad to be informed of it by the Court
The JUDGE go no further than to give
this particular opinion because foresee that
hnrn wi hn i: ~.
point, and do not choose to commit myself
incidentally.
Mr.. Stanton-Ca1 your Honor suppose any
given state OF facts which, connected with this
proof, would render it admissible?
The Judge-I will not touch that
Mir. Stanton-Then your Honor will allow
us to go and find it out
The Judge-Whenever you reach a stage
where you think any particular piece of evil
dence is admissible, you can offer it, and the
Court will decide it.
Mr.. Woodbridge mas set aside to be hereaf-
ter cross-eXamined.
John Cuyler, sworn.-Knew Mr.. Key three
or four years; saw him in the vicinity of Mr.
Sickles's house the week before his death. As
l entered the corner Of Lafayette square,
saw Mr.. Key enter and proceed to the front of
the jackson statue. He took seat on the
iron bench and rested his head on the left
hand. He then pulled out a pocket hand
kerchief and waved it, l went behind the
statue and watched him. He waved his
handkerchief in this way, illustrating, and
then looked at the house of Mr. Sickles
There was no dog about at that time. This
was between twelve and one o'clock. / left
him in the square. When returned that way
he was gone. have often seen him lettering
back and forth in the square for two months
he had attracted my attention. / saw him
wave his handkerchief only on one occasion
That was hon tho hnrc Of C,n frrooc ,yo,.o