The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-22

Mr.. Carlisle denied that Mr. PendIeton lad oommuni
Gated the fact that the particular paper, the letter In
bis impression had been that il was not 30 oand.
Mr.. Philips objected not because OF the importance OF
the matter before Them but because would be ne
cessayy at stage 10 interpse objection 10 goins
the ground that hai been already gone over
10 the after tho prescott on had closed
Mr. Carlisle supposed ihg. the theory the defence
would be- that there had no been thorough search rale
OF the person OF Mr. Key At tae OF ths mcide
he coneDded that was allowable for the prosecution to
NJ. BrsdyYou DO rot stale the hypothesis correct
we suppose that there was thorough search made
Nj. Carlisle argued that then II allowable 10
nne witnesses as TO this matter, and that the anna
uon proposed was Si,an The principle OF reoutuog les J.
Mr. Bray ASKED Mr.. Carlisle for the card which DR..
Stone addressed 10 Mr. Pendle,os with these papers.
TIE card as handed, 20 be jedgei an examiaei
Mr. braay stated that Mr.. Pendeton mai con mnnicat
tnese papeis to Mr. Carse shortly after tho homicide
The prose therefore had these papers in their hands
II they relevant as they are, very relevant and
very ny otsDt they should been gsea ia evidence
by the persecution II they irrelevant Tie poseei
lion shuld have objected 10 their introduction by the De
fence. They should not have the privilege OF osn
puvg hst lire Of proof When The case for the proasca
on closed did not every one believe that every tnos
Ouv on lie person OF Mr. Key had been produced ~
coz riy The fact ina toe other things we're oaod soo
that the person of Mr. Key had been faoiecied W tne
eco Of some persons ~ho htt not been proiucso IS Nv
rtsses by The persecution He argued toa' ~ W." w
uy Of She prosecution have produced AL ne msNis
eund on VI Key person No ms.ros hno5may n''
Judge--r he defence introduced the evidence Tor toe
first tine in respect certain papers that pa ssd st' iAs
bands OF Dr. Mer and which pass came iaao TIE pos
session OF Or. Miller four five days after tue
homicide The law ia undoubtedly very clear, ,eaI NO.
thrg but rebutog evidence can be received for tha
UniSd States in us presen, stage of case think
his evidence rebulug, and that the United Sa,es
huv right 10 Introduce evdeDee so as & goes,
The evidence introduced by the defence
confined exclusively to these Miller papers.
wtuessl bad forgotten all about scse papers iii after
my sxamlnalicD beIe
Mr.. onld-Dd you observe Mr. slckles at the lime of
ife houicidof
Mr.. Brady--Is that rcbutting?
solely 20 the issue Of frenzy insanity Of The lie
NJ Brady argued that was no, rebutsios, as tnis s
had been examined bad stated ever hug had
oose we'd Mr. Sicsles or do; tnis were permitted It
would allow all The witnesses for the to be
called
Mr. Stanton said that the prisoner bad made gnggcs
ton he desired TO state Ii be hd per mission Of the
Court he would stage IL.
Judge--wei, go on.
h Stantonrbe suggestion Of the prisoner AZ the bar
Is this that On the INDICTMENT the state OF the mind OF
the prisoner at the time the offence committed was
the point at VII CD the prosecution started The burden
OF proof vas Oh them to show that DO person of
sound memory and discretion at the time the act was
committed They introduce their prof az particular
spot and particular time exhausted their proof
The examination OF Mr.. Doyle contnuei:Was present
III toe CLUB house about Seven O'CLOCK on the evening OF
the homicide; was Standing oonycisng with Dc. Miller,
when some one gho was examining ihe clothes sai Here
pspersn requested Dr. Miller to take charge
them; did not touch these papers; my attention
not turned 10 the search Of the cOthes almost every body
tina, came in had access 10 tho clothes of ice deceased
To Mr. Carislel speak OF time three hours after the
Cosoners Inquest; the body there at that time
To Mr. oolt--l frs, saw these papsrs ia Dr. Killers
hands made search Of the body present
| when The search was made by the Coroner.
hr. 0ud bad another po'ut winch he wished 10
anime this witness II the defence had objection.
Mr.. BradyGo On.
Mr. Stanton The suggestion Of the prisoner the bar
this this Indictment that the OF mind of
tbe prisoner, at the time the Off omnitted,
the point ot which the prosecution started. The burden
OF proof Was on them 10 SHOW that he person o.
sound memory and discretion az the time tue act vas
| heir Mt &
sct and partcnar time, and exhauaet their proof W.
have not called single witness in 70 that eyi
dence; We have shown other facts by other witnesses
gorg 10 question ON which the burden OF proof
The prosecution.
The Juoge-Coo5iderahe evidence having been given
tending 70 show tae condition Of uasound mod Of tho pr
soner The United STATES propose 10 prove facts al
ounfaDces 10 meet ths evidence. large portion Of The
evdebee for the defence has been to show this condition
OF The prisoner, and II be ,use
United states did rot Introduce in the Of the
rect evidence the Of the prosecution could
be met The counsel who last idrefsed Court lab
Under mistake IN saying that the burden proof OF tho
Sanity OF tie party accused is the United Slas IL Is
not EOS every presumed 10 be Ill the contra
~ is proved; thai Il the nomai condition NJ the human
race, dope. Iaugher) think the evidence receig-
able unoer any and every rule Of law with which
acquainted
Mr. Ould-Nr. Doyle aa.e what the appearance of
Mr.. Bfsdy-,no you to speak Of lis counteuance9
Mr.. Ould--Yes
round almost Immediately; thought his self
possessed than bis speech indicated; there
more excitement IN the expression than the manner
Mir. BrajyI don't know what extent yen given
yourself 10 tbe study Of men. Have you ever been in
unaric asy lum2
Witness evidently hurt by the question: -No sir; !
hope the Judge will project me
Mr. Ond-fe does not mean as an inmate, butte visit
tor daughter, in which the witness, recovering from
hls nirapprehensio joined
WtIess--l beg your pardon.
Nr Bady-1 should beg your pardon did ipsinuate
that you had been an inmate OF iunatc asy um. men
tion this way Of ILLUSTRATING how small cause will
produce undue excitement Everything You have stated
bas been VITA the most gentlenanly regard TO tru'n
meat whether IN such an asylum you have in
WiDessSo sir.
NJ. Brsdy-lf you visited an insane syllm and saw
twelve persons dancing sslog still, you To nk you
could tell VINO were insane notf
NJ Bla5y Have you ever spoken TO a person unmis.
taka5iy lnsanef
A.-Ao, SIR.
Mr. Brsdy-ArnoDg your acquaintapoes you find gentle
bigb.nlnded and mpulsive quick TO anger sua re.
sebtmert, hut the excitement passes away You
happen 10 kbO~ no excitabe than those
who issn tDef cDper, and YET ordinarily exhiot
Psure Aou VIII not undertake TO judge of mr. Scses'
t.mperS
Wtn,ss-i Jill not undertake to gay what was bs state
Of mud, merely gave my judgment.
Ia answer 70 vaIous 4ueatloDs, witness said pefsou
was pIevehrd from exa@iDDg Ns. Keys clothes; ] did
not particularly notice who bad 10 them the
Tune DC one particularly had charge Of Mr.. Keys body
there "as an svecoat OF deceased IN the dining ROOM
bad oteD there Tor several days; after the Corones
Hques, was over requested of the boys at the Club
hoGse 10 ,hsoT il along with the other clothes.
TESTIMONY OF ALBERT GREENLEAF.
Albeit Greenlcaf sworn-was at the Club House when
DR. Miller was there; some papers put into the
lltsrs LANDS; If mistake not, pocketbook or card
Gaze was handed him by police officer, whose name
don't know the papers from either the vest or
overcoa don't rccoect which raw him hand the articles
TO Dr. ler cannot swear that took the vest though
he Observed they were there this about seven O'Clock
on the evening OF the 9th there several pers,ns
presett-pr. Mler Mr. snovden, Mr.. Doyle tv'o police
officers and others
10 Nr Bfsdy-I was there first that Sunday at aboit
hafnast sx cannot state where the clothes were TIL
saw thtm IN This ocer's hands; he had only coat and
vest not an overcoat describe these officers nor
give their names Gan officer ia the court here said he
was there, aud that his was King)
10 Mr. Brady-Thesc papers came from the coat or
vest.
TESTIMONY OF JACOB =. KING.
Jacob =. King, police officer, examined by Mr. Ould-I
went to he Club House, and got there while the nvest
cation going on stayed TIL the body removed;