The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-05
Especially reported for the Daily Eechange.
TRIAL OF DANIEL {. SlCKLES,
MURDER OF FPHILIPBARTO KEW
FIRST DAYS PROCEEDINGS
CRIMINAL COURT OF THE DISTRICT OF CO.
LUMBIA-JUDGE THOS. II. CRAWFORD
PRESIDING.

CRIMINAL COURT OF THE DISTRICT OF co
{ LUMBIA-JUDGE THOs. H. CRAWFORD
: PRESIDING.
e WASHINGTON, April L. 1852
The trial of the Hon. Daniel f. Sickles. of New
: York, for the murder of Philip Barton Kew, ESQ,
was commenced in the Criminal Court this morn
ing The approaches to the Court House wer
crowded long before the opening of the doors ant
great anxiety was manifested to see and hear al
that might take place. AS soon as the doors wer,
opened the building speedily flled-the mem
pers OF the bar occupying most of the seat
ana available space, both of which are very scarce
Among the notables present were Mr.. sickles, tb
father of the prisoner; Mr. Bagioli, his father-in
law Hon. E. B. Hart, Chevalier Wikof and T F
heagher. Shortly after 10 A. NJ. Judge Crawford
appeared P s IN his seat and the session opened
jury were called and answered TO their ia
Samuel Ii. Howell, Richard E. Simms. James Fulla.
lore, Thomas R. Brightwell, Archibald White, VIM.
Boml bono, Beuben f Worthington David Hepburn, VIM
Butler, James l.. Davis Bobert A. Griffin, Lewis
wright, George E. Kirk, Reason Arnold, John
Scrlyener, Charles M. Skippen, S. r. Sylvester,
I5eMis Dav.5 broGks' raul Stevens, Bennett Sewe N
Boyd Brooks, John Smith, John i. Neale. Jos +
Savage VIM N. F. Hopkins, Henry NJ Hurdle and
Lawrence Sardea. ''' anu
Mr.. Sickles was then brought into Court. He
was neatly dressed, and though exhibiting M dos.
pondency in his manner, he shows. physically. The
effect OF his long confinement. His bearing IS sc-
rious, but selfassured !" 'o
The indictment having been read, which, in the
usual form, charges Daniel E. Sickles with thn Lii
"not guilty" P'o"ueo
-, Mr.: Ould, the District Attorney, announced to
tne court that Mr.. Carlisle would be associated
with him in the prosecution, and expires sed his
gratlHcat!on at the circumstance at the same time
hoPlng that he did not take an unwarrantable
liberty with the Court in supposng that this ar
rangement was gratifying to it.
lIhe Court nodded assent)
n, me l0iioWlng gentlemen appeared as counsel for
Mr.. Slckies, viz Messrs. Stanton, of Pennsylvania.
ba@ bBrady " Of Ia New York Phillips of Alabama Gra
ana Magruder, of Washington CITY,
The following witnesses for the prosecution an
swered Sd to their names when called, viz: DR.. r. II.
pod 4ooiluge, Dr. II. n; Stone, T. E. Martin, j. N.
| Titball. -N' 0pS"ui' L.
- The following witnesses were absent: R. NJ
downing, &. Pendleton, F. Doyle and r. Broad
with. 0N' p'''eeueu
Joseph B. Bryan was first called and was asked
Dy the Court he had formed or expressed an opin
ion for or against the prisoner. to which he an
| swered affrmatively " "
Mr. Phillips, for the defence, asked him if he
had formed his opinion from facts from witnesses to
lHc or from common rumOr
Mr.. Bryan said he had formed his opinion from
the latter and it favorable to the prisoner ST.
aside disqualified e'
Samuel II. Howell had an impression, but not a
suihclently strong one to disGualifv him Cbsl
enged peremptorily by the defence.
Charles NJ Skipper had formed an opinion from
common rumor; thought he could act impartially
Set aside. '
Jos. l.. Savage had expressed an opinion
Mr.. Carlisle remarked that it had always baen
held since Burr's trial that when person on his
ror dTe, avowed having expressed or formed an
4plhon' tfl he was disqualified, no matter how sound
The Court said it thought disqualification fol-
lowed the formation of an opinion, whether it had
been expressed or not ~ ~
Mr. Savage set aside.
Mr. Hurdle had neither formed or EXPRESSED an
opinion. N''eo "ii
Mr. Ould asked him if he was worth $500. to
winch he responded negatively, and was set aside.
the law requiring the possession of that amount to
constitute Juror.
disqualified F''l was
juror obtained. WIZ A''
VIM. Dawson, who had formed no opinion, was
challenged peremtorily by the defence
James L.. Davis, (tarmer,) having formed no
OPINION ana possessing the requisite qualifications
was sworn; making juror No. 2.
Lewis BROOKS had formed no opinion except from |
rumor. The prisoner had his sympathy, but if the
case was clear he would do his duty.
The Court held him disqualified to which rulino
the defence took exception -'5
Lewis Wright had formed, but not expressed, an |
opinion upon information derived from an eve wit |
ness OF the homicide. Ruled out
John 4. Neale, (lumber deaer,) had no bias for |
or against the prisoner; had formed opinions from
Sworn.
Robert A. Griffin not being worth $780, thouob |
otherwise qualified, set aside
Mr. >. hopkins (clothier,) had formed no opin- |
"
No. 4. o J"ioi
John Smith had no prejudices, but was perempto-
ry challenged by defence. The unusual name of
the Juror excited some remark.
Thomas r. Brightwel had formed an oninion
ana M dld not think he could render impartial YER
dict Set aside.
D. Abraham Butler, Lawrence Pardena, F. B.
Brooks, David Hepburn and Samuel R. Sylvester
were severally pronounced disqualified
Wm Bond (broker,) having formed and ex-
pressed no opinion, was sworn, making the fifth
and last juror obtained to- dav
Bennett Sewell had formed and exnressad M
opinions but, by his own confession being worth con-
slderably '.less than nothing" was set aside
warren Lowe had no opinion and no bias. Cha-
Archibald White-dsqualified
Pa! Pa9 stevens, an inirm old gentleman, was ex-
cused by consent.
George f. Kirk had formed an opinion. On be-
ing asked II he had any relations with the prisoner
Whlch would prevent him from rendering an i'm
partial verdict, he replied that he had none except
that OF oelng married man himself. He would
not like to sit in the case. Set aside
Mr. stanton expressed the hope that being
married man would not be considered as a disqual-
ihcation.
James Fullabone, Reuben Worthington and K. E.
Slmmes We're also set aside as disqualified
Inc panel being now exhausted, the Court di-
rected the Marshal to summon seventy-five tales
men, and have them in Court to morrow morning
at q ~ CLOCK 1t was agreed that the list should
be put in the hands of the counsel for the defence
for examination this evening and bv them sbould he
given to the District Attorney
Inc hve sworn jurors were dismissed with strict
Instructions to speak to no one about the trial.
- Mr.. stanton desired to call the attention of the
Court to the fact, which he regarded as an impor-
tant one, that the dock in which the prisoner was
paced was SO remote that for all the practical
purposes OF consultation with his counsel confront
ing the witnesses, &c, he might Just as well be in |
all was essential to his clients interests that
ne should have the opportunity of consulting with
his counsel frequently during the progress of the
rial, and as the dock was movable, he would re- I
quest the Court most respectfully, to change its To-
catlon SO that easy access could be afforded to the
prisoner.
Judge Crawford said he would order the dock to
be placed in the rear of the counsels table and an
avenue should be kept open so as to afford the de-
sired access. He could not depart from the estab
this. {
Mr.. Magruder thought the prisoner could not |
have fair trial unless he was so placed as to con-
ront and be confronted by the witnesses and jurors
- ~ N"oiu hoS hetr anu see the witnesses how | '
could he exercise his right of fair trial IF the
prisoner choose he could dismiss his counsel and L
conduct his case himself in which case he would be
entitled to all the facilities they enioved There '
we're numerous precedents to sustain this position
md he would instance the case of Burr who n
housh tried for the highest offence known to the v
aw, was permitted by the Chief Justice of the
United States to sit at the table with his counsel
md allowed the use OF pens, ink and paper. In | 7
lrglnia and Alabama, and other States, the same l.
privilege had been accorded persons charged with t
ngh crimes, and he saw no reason why it should II
lot be accorded in this case. Mr.. Sickes was a C
member OF the legal profession and would proba- C
'ly desire to take part in his own defence He il
sked nothing more for him than he would ask un- Il
Ter similar circumstances, for the humblest citizen
n the lard. h
Judge Crawford said he never knew of a case in "
which prisoner under trial for murder was not n
'ut in the box, had he ever read of one in Emo Il
and. He would not devate from the universal a
ule, and could only make the arrangement which IL
lie had indicated.
MIR. Sickles was then removed to Jail, and the
court adjourned until 10 A. NJ. tomorrow. e
large force of police are in attendance to pre- 7
erve order and prevent an ndiscrminate rush into !
he Court room. Some gross impertinences, on the '
'art OF persons curious to get glimpse of the =
prisoner, were punished by summary eiectment y
Quite a number of friends shook hands with Mr. y
Nlckles prior to his removal from the room and he
wore more cheerful appearance than he did in the :
Early part OF the day. 1t is confidently expected :
hat jury will be obtained during Tomorrow +
The Chesapeake and Ohio Canal since Monday
asst has brought one hundred boat arrivals at the \