The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-16
Especially reported for the Daily Exchange.
Especially reported for the Daily Ecchange]
TRIAL OF DANIEL E. SICKLES,
FOR THE
MURDER OF PHILIP BARTON KEY
eleventh DAYS PRoCEEDIN
CRIMINAL COURT OF THE DISTRICT OF CO.
LUMBA-JUDGE TH0S. H. CRAWFORD,
PRESIDING
w WASHINGrnN. Anril LIZ l


WASHINGTON, April Is, 1859.
The Court was opened at the usual hour and the
prisoner was brought in at about Is minutes before
IL o'clock
Jacob Wagner was re-caed-He wished to cor
rect his testimony given yesterday; while taking
OIL the lock,as he testified yesterday mo one spoke to
| witness thathe remembers but the coored man; Mr.
Iendleton's name was called; saw another man
there who is now in court. (Col Jones.)
Cross-examned by Mr. 0ud-These persons were
there when witness went to the house, the front
door was locked; entered the house by the back
way, which was unlocked; the lock taken off was
on the front door of the house, tried to unlock the
back door and found it already unlocked; the
lock was not broken; this was about a week after
heys death; three other gentlemen were up stairs
at the time; did not come down while witness was
| theie; saw them in the yard and s,w them go up
| stairs gave witness directions about the mat
| ter; witness did not go up stairs at all.
By Mr.. Brady.-Put a different lock on the
door afterwards.
BY Mr.. Carlisle.-The colored boy who came to
witness was not the proprietor of the house: knows
John Gray, he was there and asked witness to take
| on the lock; witness Mr.. Pendeton and Col.
Jones examine the lower part of the house and
| afterwards go up stairs
| John NJ. Seeley called and examined -Ras;dos in
Washington; is painter; lives in street, about
thirty yards below the corner of Fifteenth street;
not far from the house of John Gray in Fifteenth
street; was present when the lock was taken off:
| thinks it was between the 9th and Sth of March:
was there by mere accident, and heard the order
given to take off the lock- saw Mr.. Charles Jones
there, and was informed that the other was Mr.
Pendleton; one of those gentlemen gave the order
for the lock to be taken off; don't know which one:
was present part of the time when the lock was
1aken OF; Mr.. Poole was there also, when the
| locksmlth went to work; they went up stairs;
heard nothing said about the character of the new
lock to be put on.
Cross-examined by Mr. Ould-The time was be-
tween the 9th and Sth of March; that was the only
Nos oftart t,o ~ Al
| might have been Tuesday; am not sure as to the
day OF the week; the locksmith came through the
adjoining lot, occupied by yellow woman; do not
| know whether any one else had been to that bousa
previously, since Keys death; these gentlemen
were standing in the yard when witness reached
the spot and went into the house lust before wit
ness: one of them said it would be better to take
oil that lock and put a new one; they were in
the house some time, in the passage and parlor
perhaps 20 or % minutes; thinks the lock was not
entirely off when they went up stairs; heard no or
der given as to the disposition to be made of the
lock; the remark was the lock had better be taken
off and replaced with another
Lewis Poole, caled.-Boards with Mr. Seeley,
who has just testified; knows the house No 383
Fifteenth street, owned by John GRAY; have noticed
it frequently: was there when the lock was taken
| of; thinks it was on Monday or Tuesday a week
after Keys death; Mr.. Pendleton, Mr. Jones, Seeev
and witness, and Gray were present; Mr.. Pendleton
ordered the lock to be taken off and another one
! put on; saw the lock taken off; did not see the
| other put on.
Cross examined by Mr.. Ould.-We all went into
the house together; after giving the order, Mr..
Pendleton and Mr.. Jones Immediately went up
stairs to examine the upper portion of the house;
! thinks it was command and not suggestion to
the goldsmith, for he went to work and did it, can't
give Mr.. Pendletons exact language; these gentle
men staid up stairs 10 or Is minutes while the lock
was being removed these gentlemen were up stairs
the whole time; had never been in the house pre-
viously since Keys death; does not know that any
body else did; know that Mr.. Key went there
| Gaughter.)
Mr.. Ould-"That is not the question"
Wltness.-Don't know how long these gentlemen
stald there: he left them there; did not po there
with Messrs. Jones and Pendeton; we went there on
our own account, and heard the remark made, as
before stated.
BY Mr.. Brady.-Went there from curiosity.
Mr.. Carise said he did not want the witness mo-
tives. He only wished to show that Mr.. Pendleton
made the remark in the presence of entire stran-
gers.
Coroner Woodward, recalled.-Never had in wit
ness possession any papers, cards or memoranda
taken from the person of the deceased: heard last
Monday for the first time that such had been taken
from him; cannot state at what time the inquest
was held; did not see DR.. Miller there; Mr. Dovle
was there, and nothing said about these pa
pers by him.
Rev. C. II. A. Buckley, called d-Resdes in West
minister, Conn; have known Sickles since 1898;
was associated with him in the New York IJniver
slty, and was in one class with him; since then
have had n casual acquaintance with him.
MIR. Brady asked whether witness had an oppor-
tunlty IN former years to know whether Sickles had
an eXcitabe temperament.
Witness.-Yes, sir
MIR. Ould objected to this as not going to the
point OF proving insanity.
Mr.. Brady said some men were created more ex-
cltabe than others, as had been frequently illus
trated during this trial. He should at some future
time discuss the sub of insanity before the Jury
II was temporary in some cases and permanent in
others. 1t would be ridiculous to establish lunatic
asylums if insanity could never be cured Anv
man could express his opinion whether a man was
insane or not, as well as physician. If New
! ork was a last State, as was said yesterday, he
was happy to say it was fast approaching the COM
mon sense of mankind. He proposed to prove that
Mr. Sickles, once under the loss of friend became
positively insane so as to have to be placed under
restraint.
Mr.. Ould said if previous insanity could be
proved they would withdraw the objection
The witness testified that on the occasion of the
death of Professor Da Ponte, in 1910, in New York.
who was the patron of Mr. Sickles, Immediately af-
ter his body was lowered into the ground Sickles
broke out into frantic and passionate grief shrek-
ing and yelling: it was impossible for his friends to
pacliy him, and they were obliged to use friendly
force to remove him from the spot; witness thinks
he did tear his clothes and his hair, but was not
sure. This testimony is voluntary on witness part,
and wholly unsought by the prisoner, or by his
counsel. He had offered it as he thought it miph
be of service to him.
Cross-examned by Mr.. Ould-Do not know how
old Sickles was then, because do not know his age
now; was about the same age as witness apparent
OF violent grief lasted ten minutes perhaps or five
minutes at any rate; traces of it on the fol-
lowing day; did not see him every day at that time;
saw him two or three days afterwards, but saw
nothing singular IN his appearance; he appeared to
be rather more light-hearted than could be expect
ed under the circumstances, forming an unnatural
contrast to his previous conduct; it a casual
manifestation; the first demonstration was the most
remarkable witness in his life; do not re-
member the circumstances of the second interview
or who was present; it somewhere about the
University; was then student Of the Theological
Seminary.
By Mr.. Brady.-Have attended many funerals,
ana seen numerous instances of persons in deep
grief in the course of witness ministry; thought
Sickles was subject to great extremes of passion:
the friendly force was employed for the purpose of
lessening his demonstrations of grief and removing
him as soon possible from the scene, lest his
mind should give way at this time Sickles was in a
different department of the institution from wit
ness; they did not graduate together.
Mr.. Carlise.-''You don't recollect tme circum-
stances, place, persons, or the exciting cause of
mirth?"
Witness-"No, it was too epbemeral: the
friendly force was employed to lessen the demon
straton which aggravated the grief of the mourn
ers; also, because we apprehended further mental
disease. lie was removed from the ground"
Jesse B. Haw, called-Knew Mr. Kew; saw him
on the morning of the day he shot, between 10
and II; saw him come out of Lafayette square and
walk up the avenue towards Georgetown; did not
notice that he looking at ANYTHING in particu-
handkerchief have known Key five or six years.
Not cross-examined.
Major Hopkins called.-Is a coachman for Col |
Freeman; have been such for five or six wears;
lives on street, between 18th and I6th saw Mr. |
Key on the Sunday he shot, about half-past |
one o'clock; he was about the middle of the square,
walking up and down: he was doing nothing in !
particulars saw him either on Monday or Wednes- |
day, the week previous; he went into the square
and waived his handkerchief Mrs. Sickes came out
and joined him, and they walked away together: |
about an hour after saw them go up 18th street; |
lost sight of them the steps of John Gray's |
house.
Cross-examined by Mr.. Carlsle.-"Is Major your |
name or your title?" Laughter
Witness.-'1t is my name, sir.'
Mr. Carlise.-"Then you don't belong either to |
the regular army or the militia ?'' Laughter. / |
Witness.-''NO sir''
Witness testified that it was between one and two !
o'clock. to the best of his recollection when he saw
Key he had no watch with him then Philip
Lynch was with him; he was Col. Freemar's foot
man; standing at Col. Freeman's front
door; saw Key walking in the square by the
statue; we were on the box of the coach, and saw
them from that positions we did not follow them;
drove off in the direction of Judge Waynes and |
when coming back, going to Mr.. Cuts, saw Kew
and Mrs. Sickles in Fifteenth street; was driving
down street. between Fourteenth and Fifteenth:
knew Mrs. Sckles well by sight she is not very
tall or short; is little stout, with light hair;
witness is feet seven; she is not as tall as that
Mr.. Carlisle.-"How tall is she?'
Witness.-"l could not say, l never measured
hnt1J r1rr1A