The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-04-28
Vol. XIII.

MI W llSOiA, one vi lhc lIOISJ anu lnat, n ller.
was no objection, he would hand it to him. T,;,
was assented TO on both sides, and the Juror w.,
permitted to open and read it. The Juror in,
mediatey returned the letter to the cour, r.
marking that he had no Knowledge of the an.
thor, and that it was not proper for him 10 20.
ceive it. The judge then read the letter. Am;
found that it related to the trial going on before
the court. He thought that the author sbop5
be detected and punished, and proposed to placa
the letter in the hands of the District Atorpa,
which was agreed to.
The reporters for the Associated Press ,avos
the letter in cipher, that it has been TRANSLATED
by Mr.. Charles Howard, of Baltimore a broth.
in-aw of Mr.. Key, and that it purports to be-
love letter from Mrs. Sicbles to Mr.. Kew. T5;.
however, is surmise.
Friday, Messrs. John L. Dubrow and Edward
Delafeld testified that they saw Sickles aboy
the time of the homicide, and thought hin,
rather cool than otherwise, under the cjrcun,.
stances.
CHARLES f. Lewis testified Is connected
with the office of the Congressional GIoL. ba.
with him the manuscript Of the speeches made
IN the House of Representatives on the FRIDAY
and Saturday previous to the killing of Kew.
the reporters were MesSrs Hays. Hipcks NOV,
III court, and Messrs. Andrews. and NcEIhore
who are not here. Mr.. Smith, one of the re-.
pOrters, was here requested 10 examine the Inn,
dies Of copy, and select that of the sree,L..
made by Mr.. Sickles on the DAYS named Mr.
Brady remarked that the defence were hen.
perfectly willing to admit that Mr.. ). did maxi
fve-mnutes speeches on the DAYS named lut
at the time these speeches were made he was
under the impression that the charge against
his wife were untrue
Mr.. Carlisle for the prosecution stated tina,
the evidence on that side was now CLOSED o,
cept two witnesses, who had been called 3,
testify on the point of insanity
Judge Crawford decided to wait till tomor
row morning for the missing witnesses. and m.
formed the District Attorney that the Court
could not possibly wait longer for them.
Mr.. Brady stated that the counsel ON both
sides had agreed to furnish each other with
their instructions this afternoon. They could
thus be examined at leisure, and both parti4,
come into court tomorrow, fully prepared 10
make very brief arguments. BY this mod.
time would be gained instead of being lost. and
the trial brought to a close much sooner than
otherwise
The following are the instructions to the lury
prepared by the prosecution:
" If the jury believe from the whole evidence
IN this cause, that the prisoner, on the day
named III the Indictment, and in the county Of
Washington aforesaid, killed the said PEin
Barton Key by discharging at, against, and
into the body of him, the said Philip Barton
Key, pistol or pistols loaded with gunpowdcr
and ball, thereby giving him a mortal wound
or wounds, and that such killing was the wilhl
and intentional act of the prisoner; and that
said act was induced by the belief that the said
deceased had seduced his, the prisoners wife
and on some day or days, or for any period
definite or indefinite, prior to the day Of such
killing had adulterOus intercourse with the said
wife; and that the prisoner was not provoked
to such killing by any assault or offer OF VIC.
lence, then and there made by the deceased.
upon or against him, then such wilful and III
territorial killing, if found by the jury upon al
the facts and circumstances given in evidence
IS murder. But such killing cannot be found
to have been wilful and intentional, in the sense
Of this instruction, ii it shall have been proven
to the satisfaction of the jury, upon the whole
evidence aforesaid, that the prisoner was in fact
insane at the time of such killing
Saturday, Ex-senator Brodhead, Of Penn.
sylvania, was called as a witness by the prose
cution. lie testified that he was at Judge
Blacks when Mr.. SickIes arrived there, imme
diately after killing Key. SiclIes was u..so
duced to Mr.. 'Haldeman, who entered into
conversation with him upon Pennsylvania aud
New York politics. Nothing was said by Sic.
kles in reference to the shooting affair at the
time, until the police arrived, when he inquired
if the case were bailable and said that il. tLe
facts were known, God knows | would be
justified or could not help it,"
This closed the evidence on the part Of the
prosecution.
The following are the instructions to the jury
prepared by the prisoners counsel:
First. There is no presumption Of malice 10
this case, if any proof OF alienation, excuse
or Justification arise out Of the evidence for
the prosecution. State rs. johnson, VOL g.
Jones, page 26G Mcdaniel rs. State vol =,
Smead's and MarshalIs, page l0l Days Case,
II Of pamphlet.
" Second. The existence Of malice is no,
presumable in this case, if. on any rational
theory consistent with all tho evidence the
homicide was either UNSUITABLE, excusable, or
an act Of manslaughter. Same eases as above
cited United States rs. Mingo. vol. . Curtis
G. c. R. l.. Commonwealth rs York v5. g
Bennett and Heard, Leading Criminal Gases
page sos.
Sc Third. If, on the whole evidence presented
by the prosecution, there is any rational hv'--
esis consistent with the conclusion that He
homicide was iusthable or eXcusabIc the DE
tcndant cannot be convicted.
&" Fourth. 1.-THE jury believe that Mr.. Sicas.
when the homicide occurred, intended 10 BID
Mr.. Key, he cannot be convicted of mauslau-.
ter.
" Fifth. 1t is for the jury to determine uu.-,
all the circumstances of the case, whether iLe
act charged upon Mr.. Sicbles is murder OF
justifable homicide. Ryan's Case, Wheel
er's Criminal Cases 81.
Sixth. 1.-THE jury find that Mr.. SickleS killed
Mr.. Key while the latter was in criminal inter
course with the wife Of the former, Mr.. Sck@
cannot be convicted Of either murder or man
slaughter.
Seventh. IT, from the whole evidence, The
jury believe that Mr. Sickles committed the act,
but, at the time of doing so. was under the n-
iuence of diseased mind, and was really un-
conscious that he was committing n crime be
is not in law guilty Of murder. Days Case
pamphlet, page 9.
" Eighth. If the jury believe that, from any
predisposing cause, the prisoners mind was
impaired, and at the time of killing Mr. hey
he became or was mentally incapable Of gov
erning himself in reference to Mr. Key, as the
debauchee of his wife, and at the time Of bis
committing said act was, by reason Of suc'
cause, unconscious that he was committing a
crime as to said Mr.. Key he is not guilty o-
any offence whatever. Days Case, pamphlet
page II.
" Ninth. 1t is for the jury to say what me
state Of the prisoners mind as to The capacIH