New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-09
TPsTyuOny A. TO THE KILLING.

TESTIMONY As TO THE KILLING
TIE evidence thus far produced at the tdsl OF
siekes presents strong Illustration OF the excced
iUa f,ltlity and uncertainty Of bun 40 t stuOuy &"
10 ali events Of sudden occurrence sud brief durs-
tion. and that, too, even though they may DC OF
Character calculated 20 attract, in the highest de-
gree. the attention Of the witnesses aud to make
the strongest impression on the memory. There
seems to be 10 ground whatsyer for suppOsiDg that
the testnoty Of either of the witnesses was warped
BY any secret bias or that they desired 10 give ,by
olber impressions than those they had themselves
derived from their obserat ons On the occasion;
and yet they contradict each other In the most
positive manner.
The fret tres produced, Dir. James Fl. Reed,
would seem TO have had an excellent oppor
tuuity 10 observe the whole tran.a :tioD, to
have watched it closely, and to have recollected
it m'nutely According to bi, account there was
no tus,e or scUle nor did the parties at any time
s@ize or touch each other. He was closely exam
II ed as 20 this point very clear about it, and
thought if impossible that anything Of the kind
could hsye occurred AID be not have seen it. lie
represents tie fret frug as having taken place in
from seven to twelve seconds after his attention
attrs:rtd to the parties, from which he distant
some thirty five PAGES Slckes raised his pistol de-
hberately, Us If tskitg sm-which be had begun to
do when the witness fret observed bim-and fired
within two or three seconds after bringing it TO
tye. Tbs witness represents the parties as at
that time from four to Dix feet apart. Key seemed
to be twisting himself rs If to to dodge the shot,
but did not move more than foot or two.
After The first sbot (Which took but slight if any
eSect), Sickles, according to this witness IN wed
back some eighteen or twenty feet, followed by
Key, but before reaching within three or four feet
OF Slckes Key, IN his turn, retrested and got be-
hind tree shouting Murder" Sickles, when
within FIVE feet Of Key, still behind the tree, at
tempted 10 FIRE again, but his pistol snapped,
wbereupon he fell back little, followed by Key,
aid BY tie time they had reached the middle Of
the street, the distance between them had in-
creased TO ten feet At this instant Key threw
something Chs opera glass, it would seem,) which
appe,red to strike Sichles and fall at his feet;
Slckles, at the same instant this article was
thrown at hun, discharged bis pistol the second ,
sidewalk and fell on his side with his face toward
Sickles, who followed him up, and when within
tao or three feet, Key then supporting himself
with OF bond and crying out don't shoot, fired
at tip third time. After this SicBss made two
other attempts to FIRE, but both times the pistol
snapped.
If this description Of the occurrence be taken as
tbaS IL fret shntt
made with bis single barreled Derringer pistol,
which having failed, he dropped tit was picked
up just about the spot at which be stood when he
bred frsta0d fell back, while getting his revolver
ready, followed up by Key; and that when Key
saw him armed with this second weapon, be lied in
his turn and took refuge behind the tree.
On the other hand Joseph DadroE, who also
witnessed the commencement Of the affair, repre-
.epts the frat Gre as being preceded bya scufe for
minute or two, ard as not taking place till
Sickles had first retired before Key and then again
had advanced upon HIM. Eugene Pendleton rep
resents scuffle as having followed the first bre.
Sicbles, he says, succeeded in freeing himself from
Key, retired aud was followed up BY him, upon
which the second shot was fired. Edward Della
field represents Key, when behind the Tree, IS nav
inc cot bolo of Scsles's right hand, who however,
shook him off, ard then feed ipActiDg the wound
which brought Key to the ground.
The account given by the fret witness, as it is
the most minute and particular, is probably the
correct one The discrepancies in the testimony,
though they might have been of the highest i'm
portsnce bad the killing originated in sudden
quarrel on the spot are not under the actual cir
cumstsnces Of the case, of any consequence. All
the witnesses agree to the number of shots fired,
OIL it seems equally clear that three others we're
attempted without success. Whatever other Justi
fcaiion Mir Sickes may make out, there does not
appear to have been nythns in the occurrence to
give any opportunity for setting up the plea OF SELF
defense.