Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-04-09
The Sickles Trial in WASHINGTON
Opening 4dd,ess Of District -iho,ney OrLD
10 the Ju1y.

May it please your honor and gentlemen
OF the jury: the Indictment which has just
been read to you, gentlemen, charges Daniel
r.. Slckles, the prisoner at the bar, with the
willful murder of Phillip Barton Key.
shall narrate to You rs briefly a. can the
chief incidents connected with this tragedy
and | believe the evidence will disclose them
The parties, suppose, are well known to
you-at least by reputation, one being the
Representative III the Congress of the al
ted States OF great commercial metropolis
Of the Union; the other. one who long and
honoraby filled the post of public prosecu-
tor in this District-perhaps in the hearing
Of several of you, he has discharged the duty
which has fallen to my lot
The place where the crime charged in this
Indictment occurred was the city of Wash
ington: time. 9th Of February last 1t was
the Sabbath, that day which for more than
eighteen hundred Years has been set apart in
rommemorati0n of that Divine mission.
which brought peace on earth and good
will to men," In the soft gush of that Sab
bath sunlight. at an hour midway between
morning and evening, did he commit this
act. At time almost when the echoes of
the church bell were lingering in the air, the
deceased all unconscious of the tremendous
woe that then stood suspended over his
house, was met by the prisoner at the bar,
on one of the public thoroughtares Cf the
city. ltwas soon apparent from his move
ments, that the prisoner at the bar intended
some deed Of bloody revenge. All unarmed
and delcnceless as the deceased was. he used
the feeble means that were in his power To
save his life. How Intellectual they We're
even in the delaying of the terrible fate that
overlook him. the evidence in this case will
show. The prisoner ut the bar had come to
have carnal and bloody revenge in fact. he
was Il walking magazine; he was not only
fully provided in the number Of his fire.
arms, but had also taken care to supply him.
self with their different varieties
Each one, gentlemen OF the jury. perhaps
had its peculiar excellence as murderous
weapon and indicated that he closely calcu
lated the contingencies of an expected COLI
sion, as would seem 10 be Indicated, not
only from the number and variety Of his
firearms, but in consequence of their tenn
pornry armOry, 10 wit: a great Orercoat on
an inconvenently warm day: 1t will be seen
that he did not reason careicssy H. regards
his moving battery, which he placed in Il
ready position like piece of firing artillery
on the field of battle.
The deceased interposed nothing, and had
nothing to intcrpose save the physical
strength which. when governed by presence
of mind even, was but feeble at the best: 4
poor and futile opera-gass, which even when
thrown with well-drected aim. is but COM
paratiyelv harmless: The pitcous excIama-
tons made by the deceased, which, how ever.
they mi ght have moved other men, i'll this
case, at least, fell upon the prisoner as on IL
stone. The evidence in this case. gentlemen
of the Jury, will show to YOU from tn. frs,
act in this tragedy down to its full frui;ion.
every successive scene of horror--not only
that the deceased was unarmed, but that the
prisoner ut the bar knew that such WAS the
fact.
That he must have known it when the first
shot was fired at the corner: that he must
surely have known it when, subsequently,
the explanations of the deceased were ring
ing in the air: and that. if possible, more
certainly still he must have known il. when
he stood bravelv over his victim, revolver in
hand. seeking T." scatter the brains of one
who had already been mortally wounded III
three vital parts, and in whose eyes were be-
ing gathered the gloom of death. say not
this, gentlemen of the jury, for the purpose
of intamihg your minds against the prisoner
at the bar
A. an illustration of the principle of the
common law. that homicide with deadly
weapon, perpetrated by party who has all
the advantages On his side, and under cir
cumstances Indicating cruelty and yindic- |!
tlyrness, Is murder, no matter what may
be the antecedent provocations in the case
he would read from the charge to the jury of
a distinguished Judge published in Whar
ton. on Homicide. D. 1874.
The evidence in this case. continued Mr.
Duld, will show you. gentlemen, that no mat
ter how revengeiul may have been the feeling
If the prisoner at the bar to the deceased ut .
the time Of their meeting, yet Il sufficient
time elapsed between the moment and the .
:lose OF the catastrophe to have allowed .
whatever passion had inHamed him to sub .
side. Not only was there sufficient time,
cut all the other circumstances Of the case .
seem to have cunspircd 10 such result. .
know not. gentlemen Of the jury, how so
bloody purpose could have been entertain
I'd during such length of time, and under
such appealing circumstances, except that 1t
SaS sustained by remOrseiess revenge. At
east four or five shots were fired, or attempt
ii to be fired, and an interval Of time great
n or less interviewed between the Shots
earnest. perhaps frantic, enlreaties--such
Is man would make for his lite-such. per-
laps, rs desire for an opportunity of self
'indcation-such, perhaps. rs the recollec-
ion Vi the little ones that he had left clus-
ering around his own Notwithstanding
lave brought to his lips, filled up portion
# those appeals.
The first shot that, in all probability, took
fleet upon the person vi the deceased,
Wounded him severely in the groin. From
hat time at least until he tell upon the pave
ncnt, he was supplcating with him, yet the
,rsUner at the bar did not acsist from his
bloody attempt to kill, hidden i'll hi, heart,
: he stood over the PROSTATE and dying
Drin Of the deceased. Nay. gentlemen ot
he jury, the evidence will show to You in
hi, cast that at the same time h" was at
emptng to add mutilation To murder, when
e was arrested by the parties who subsc-
uentlv bore the lfeless form from the spot
N which it tell.
Murder, gentlemen of the jury. a. you
viii find the definition accepted BY almost all
he civilized world, is the unlawful killing
+ a human being of malice aforethought
lanslaug hter--the unlawful killing ot IA hu-
lan being without malice aiorethought.-