Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-04-22

ued | was present in the clubhouse about
seven O'Clock on the evening of the homicide
cOnVersing with DIR. Miller, when some one
said, "Here are some papers," | requested
DIR. Miller TO take them ; | did not touch Them
almost every one who came in had access to
the clothes of the deceased did not search
the body, and was not present at the coroner's
| inquest, when the search was made.
Mr.. Stanton said that the prisoner had made
suggestion; he desired to state that in this
! indictment the state of the mind Of the pris-
Oner at the time the Ofiense was committed
| was the point at which the prosecution started.
| The burden of proof was i'll them to show that
| he was person of sound memory and discre-
| ton at the time the act was committed. They
! introduce their proof at a particular spot and
| time, and exhausted their proof. We have not
single witness in answer to that evidence.
| We have shown other facts by other witnesses
| going to question i'll which the burden of
| proof was in the prosecution.
The Judge-Considerabl evidence having
| been given to show the condition of the prison
| ers mind, the prosecution proposed now to in
troduce rebutting testimony. The burden of
| proof of the sanity of the party accused is not
on the United States. Every man is presum-
ed to be sane till the contrary is proved. |
think the evidence receivable.
Mr.. Ould-Mr Doyle, state what was the
| OI NIT. OlCkleS at Ine Ilnle.
| Witness-When came up to him he turn
ed round almost Immediately :. i thought his
manner was self-possessed-more so than his
| speed indicated
Mr.. Brady don't know to what extent
you have given yourself to the study of man.
Have you ever been in lunatic asylum
Witness-( evidently hurt by the question:
no Sir, l hope the Judge will protect me.
MIR. Ould-He does not mean as an inmate
but as visitor daughter, in which the witness
recovering from his misapprehension joined. J
Mr.. Brady--If you visited an insane asylum
and saw twelve persons dancing or sitting
still, do you think you could tell who were in
sane or not; have you ever spoken to a per-
son Enthusiastically insane
10 these questions the witness responded
No, sir.
Mr.. Brady-Among your acquaintance you
find gentleman, high-minded, impulsive,
| quick to answer and resent, but soon the ex-
element passes away. You know some who
are more excitable than those who flash their
temper and yet ordinarily exhibit composure !;
you Will not undertake tojudge of Mr.. Sickles !!
Witness-I did not undertake to say what
was his state of mind; merely gave my
Judgment in answer to various questions No
one particularly at the time had charge of Mr.
Keys body. There was an overcoat of the
deceased in the dining room; it had been there
! several days.
Albert Greenleaf, sworn.-Was at the club
| house when DR.. Miller was there some papers
were put into the latter's hand if | mistake
not, "A packet with curd-case was handed him
| by police officer, whose name / do not know.
The papers came from either the vest or over
coat; saw Kim hand the articles to Dr. Miller.
This was about o'clock in the evening Of
Feb. 81 There were several persons present.
| off Inv
MIR. Ould.-l went to the club house and staid
till the body was removed Saw DR.. Miller
there, and saw some papers handed to him. |
| took charge of the room where the body was
| lying. think the papers were taken from
the fob pocket Of the pants. Mr.. Snowden APP
peared to be officiating good deal about Mr..
Key; knew he took a portmonnaie from the
| clothes. The articles | saw given to DR.. Mil
Ter, were memorandum book, portmonnaie,
small knife, and some papers. / thought Mr..
Slckles exceedingly cool at the time of the
! killing. did not observe in him any indica-
ton of excitement.
| Edward NJ. Tidball re-examined by Mr..
| Ould-My attention at the time of the homi-
eide was directed to Mr.. Sickness manner
more than to anything else thought it was
rather cool and deliberate; his face was some
| what pale.
Mr., Brady asked witness if he had ever Wis
! tied a lunatic asylum, or whether he had ever
talked with a lunatic. Witness said no. An
| other question as to whether in his opinion the
| eyes otinsane persons have peculiar express
sion, witness did not like to express an opin
| ion had often seen Mr. Sickles don't think
his face was habitually pale.
| Charles Howard examined by Mr.. Carlisle
Key was my brother-in-law. This is the pa
| per produced yesterday and handed to Pende-
b,,h dave
after Keys death; he spoke of the publicity of
| the place where the body was lying, and the
access which many persons had to his clothes,
| and of the fact that these had been in the
! hands of several persons.
| Mr.. Carlisle-The prosecution had all the
papers in their possession before the indict-
ment and if they deemed it appropriate to
| give any of them in evidence, they were adj
misable, they should have done SO when they
were proving their case-not having produced
this cipher letter they can't now produce it.
| Nothing accumulative can be received. What
disappeared from the person Of Mr. Key and
what appeared, was left in a state of the great.
est confusion. Whose hand was the cipher
letter in, a male or female He had asked
Mr.. Carlisle for an order for this letter to show
| MIR. Sickles and the reply was would you do
the same under like circumstances
Mr. Carlisle.-You made no reply.
Mr. Brady.-To which | made no reply, be-
cause was not to presume that what | should
do would be any authority for you. They had
no opportunity of seeing the letter. Bad as
this woman was, there might be some linger-
| ing bond of pity or regard for her which would
induce the prisoner to save her further expo
sure. They should not, therefore, be forced
into having the cipher letter put in evidence
Mr. Carlisle claimed that the prosecution
was entitled to the opening and closing of this
| argument, aud said he made this statement be-
| cause he apprehended that with some sudden
| ness referring to habit which Mr. Stanton
had displayed in this easel he might be inter-
rupted. An argument on this point occupied
some time.
The Judge held it to be the natural order of
| things that the objector should open and close.
The question really was whether the evidence
was admissible or not. 1t was plain that it
was not rebutting evidence, The cipher letter
and translation were therefore excluded from
the case.
The counsel on both sides preserved strict
secrecy in regard to the contents of the cypher
letter.
Mr. Carlisle asked if the paper was not adj
Missile with a proof of the handwriting.
The Judge thought the proof of handwriting
would make it more Objectionable, and refused
to admit it, as it was not rebutting evidence.
Mr. Daw, police officer, examined by Mr..
Ould-Was present at the house of Mr.. Sickles
shortly after the killing of Mr. Key. Accom-
panied them from the residence of Judge
Black. Mr.. Mann, Butterworth, Sickles, and
myself were in the hack. | was in the hall
when Mr. Sickles came to the house He went
into the library, where he had the con-
versaton with some gentlemen. After he
came out he went up stairs. Mr.. Suit
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