The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-04-14

were und, for the jury box. That one was
an h0ncst.iacc laborer. dressed IN his seedy
best, who almost plaintivsly said that he
had "ncxt 10 nothing In the world" But
the men rejected have been serving, under.
stand, in criminal causes this term, and tho
objection has not previously been taken,
This is known TO counsel, and Mr.. Ould's
course in this regard will doubtless DO made
u handle against him.
From the n. Y finss
Mr.. Sickles explains the number of his
counsel by saying that Immediately after tho
occurrences for which be Ia to bc tried, a
number Of his friends, without taking coun.
se Of him, each engaged lawyer in his he
half, Others volunteered forty from New
York City alone. Some have been even
oppressive in their cagcrncSs to serve tho
killer Of Key, aud one or two gentlemen,
without sufficient reason, have given out
that they were his counsel
| have nowhere sen precise statement oi
the grounds upon which the defence In tech
nically placed, or Of the points upon which
the great fight in the ease will bc made
The homicide will not be formally admitted
by the defence, but will, oi course, he readily
proven by the prosecution, which will then
rest.
Tho evidence of Keys criminality with
Mrs, SickIev will thercopon bc offered by tho
defence: not, however, as u justification, but
Us showing tho state Of mind in which the
deed was done which sent Key M suddenly
10 his account. II will be contended that
Mr.. Sickles was In state OF frenzy, border
ing upon insanity; not, indeed, 10 such nm ex
tent IN 10 absolve him from moral accountn.
bility, hut sufficiently 10 make the killing
manslnnghter In the first. second or third dc.
gree. Upon this ground the admIssibility OF
the testimony on this point will bs pressed.
When IL Is once In. IL will bc made TO bear
upon the question Of guilt or Innocence In
the Judgment Of the twelve men who arc 10
decide, aud will bs more direct. Practically
| IL will he used IN q Justification. though in
troducd m matter In mitigation Of the
offence charged
Having dealt with the adultery, and per
haps met the prosecution upon incidental
questions OF fact, the defence will rest.
The District Attorney will, Of course, be
IWtIiilttsu W iudUiusS SNtbVuaT uIbb tuU
point raised on behalf OF the prisoner, evi-
dcDce bearing upon tho question Of the dead
mans criminallty aud tho eject produced
upon the killers mind by the discovery Of
the facts. and by the appearance OF tho adul-
tcrcr near his house.
But further than this bc will not 60, with
out long and tough struggle with bis OPP
ponents "What bearing" they will ask,
+" has Mr. SickIes' conduct In early youth,
or in latter days, his general moral charac.
ter, even bis proclivity TO vice Of every
species, the indulgence Of which by Mr..
Key he punished 10 speedily grant that
they can be provep--w what have they 10 DO
with the state oi mind IN which the accused
committed the crime charged! They are
10 part Of the re-, gssto. You have no right
TO raise new issue under the prctensc of
introducing rebutting testimony. We have
not felt II necessary to prove q good cbarac-
ter you have no right TO attempt 10 prove
II bad one. when such proof has no bearing
upon the TACT Of killing"
II, however. the evidence touching these
points IL admittcd-tO give which IL IL un-
derstood that large number Of witnesses
from New York are 10 be 10 attendance
the defence proiesSs to be ready TO meet aud
overcome il. Mr. SickIes and bis friends,
however, feel aKnguine Of success In the ex
clusion OF this species Of testimony.
This ] uDdcptand from those intimately
connected with the defence, 10 he the theory
Of the trial held by that side. In this view
il would appear that the course which things
take. IL not the result Of the trial. must Dc.
p.nd upon the rulings Of the Judge upon
matters of evidence.
Mr. Sickl,s, 10 far from having determin.
Cd" after his liberation" ~ the New York
correspondent Of the Savannah keyuti,an
exprssed ito sue the Epenng Post Tor
libcl, AYERS that be- has not read the articles
touching himself Al the same time, how
ever, he declares that il they make the
charges which IL 10 asserted they do make,
he shall give the editor Of that journal no
opportunity of making them good. or suffer
ing Tor their fal.ity 10 the peDltentary lie
would not bring civil action for damages
for such thing but would prefer crimi-
nal charge 40 be says.
Nor ia 1t likely that be will resign his
seat 10 Congress, II acquitted, and call Tor
the judgment u bis constituents upon his
conduct. On the contrary, he now pro
iesses TO b. of the opinion that bs has done
,,otlito r,nniyino such a c1ufse