The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-04-09


toeyery particular Of the evidence Upon the stand,
near Judge Crawford z Collins Lee, Judge Of the srpe
nor court at Baltimore occupied conspicuous position
Afcr short delay the hearing Of testimony for the
urr-scsitiOn continued,
Fqene Pcndeton was the first witness called but did
mot answer 10 his name.
Mr. Ould stated that the evidence Of this witness
Irortant and asked that the court should issue at
t.rbment Il had been said that Mr. Pendleton
Eck II So the United States he supposed would have
10 20 on but before doing So he wished 70 know the
t and extsnt Of the Sickness through the certificate Of
The court accordingly Issued attachment, with d.
1ons to the baIli report Mr. Pendlet6ns condition.
Il found too sick to appear
zvIp&cs or
Thomas Woodward was then put upon the stand, and
thed that he was coroner Of this District and held the
innuest over Mr. KEYS body pistol had then been de
Fered to his keeping. Here the prisoner identified Inc
Denger pistol in the hands Of the District Attorney
the one question The pistol had been given TO him
by Mr. Downer. Had examined the body and clothes.
The clothes were in court Here winess produced
operglass case handkerchief and two keys, which he
found ia pockets of deceased Witness also found
fourteen dollars in the pockets which he had delivered to
a friend of deceased Key wounded on one side 5
did mot know which also in the groin, and slight
bise hand Here witness produced the shirt
vest coat, and pantaoons of Key, showing where the
balls had entered
erasina5 Could not say in what pocket he found
the opera glass case but thinks In the inside breast
pocket Key had another bunch OF small keys ring
which his family wanted these he had delivered TO Mr.
Jno. A. Smith. Found nothing else In his pockets
Didn't know whether, when he first Key, the coat
was on not There some fifteen OF twenty per
sons In the when he arrived at the Club house
He arrived there between three and four O'Clock A
gentleman from New York had 10 his house in
Georgetown for him they Immediately went together
10 the Clubhouse.
EVIDENCE EUGENE rEsDLETos.
Eugene Pendleton testified that he was walking ON the
south side Of the avenue the east gate leading to
the Presidents house heard pistol shot turned and
two persons engaged in scuie; Slckies went TO
the middle OF the street, Key following him closely
Saw Key throw something Sickles drew down his PTS
to on Key who exclaimed murder " SickIes then fired
The shot seemed to take effect Key retrrated and fell
on the pavement. Sickles followed and fired again
Persons then from the direction OF the Club house
and Sicklos with another walked away toward street
Keys body was then carried OF Soon after he
some fishing opera glass out Of pool of water
Saw pistol in Keys hands Did not the pistol in
Sckles hand until the second fire Could not distin
guish what kind of pistol it Heard three Shots
but saw only two The scufiie occupied very short
time 1t took place the pavement. Kept his eye
upon the parties sill the time after his aention call
cd 70 them. Saw only shot.
Cuu- eznnaard Did not go into the Clubhouse There
were number Of ladies and two gentlemen
on the walk at the time. The ladies he supposed
to be coming from church ; they seemed very much
alarmed.
Dr. r. H. Coolidge testified that he made an examina-
ton Of the body of the late B. Key Sunday after
noon February 27th at the Clubhouse. When he first
him the clothes on. He had not then ceased
TO breathe Did not the clothing but opened it
10 examine Saw wound in the left side between the
tenth and eleventh ribs IL three inches and half
above the hip bone and inches from the mddlcof
the back On the opposite side, six inches above the
hip, felt ball under the skin. On the right thigh, a
few inches below the groin was another wound the ball
joins t. In removing the clothing subsequently with
Dr. Stone In the presence of the coroner, he found
wai ON the left side. Discovered the right side
slight confusion of the skin, and looking at the coat
and vest. that they had been penetrated by q ball
and concluded that the bruse had been made by ball
glancng Off On the following morning full examination
made by Dr. Stone and himself eighteen hours after
death. There injury about the head Found no
other wounds except those wounds the day before
oepting bruise the little finger of the left hand
opening the body found large quantity of blood in the
cavity of the belly. The bali had broke the eleventh
b cut the under edge of the Spleen made deep groove
through the upper end of the kidney and entered the
large lobe of the liver within half inch from the great
vein Of the liver. 1t then went through the diaphragm
and passing through broke the eighth nib the right
side and lodged before stated under the skin That
wound mortal. Examined the heart There WAS
an unusual amount of ttened deposit the left side of
the heart but otherwise the condition OF the heart
healthy
The District Attorney here asked the witness to state
from his knowledge of the usual of bullets in the
human body, what the probable posture of the de-
oeascd when the wound given.
Mr.. Stanton object That is for the jury TO deter
mine.
Mr.. ould contended that inssmuch as The Jury were
unaoquained with the anatomy OF the body they would
be unable to determine the point without the aid of
expert
Mr. Brady objected that the general rule of law was
that witnesses prohibited from giving their opinions
In matters judicial investigation. This was not ques
ton Of science but of fact and ii for the jury
determine what the relation between the parties
the shots were fired
Mr. Ould claimed that the question was legitimate it
being competent for the witness an expert show that
wound received In standing position and touching the
vital parts described must have injured the intestines
Mr.. Brady did not deny that physician surgeon
may express a more learned opinion, but contended
against his competency to give such evidence before
the jury.
The Court decided that the question was a competent
enc.
Mr.. Brady noted an exception TO the ruling.
The witness then proceeded state in 10 the
question of Mr. ould that the of balls In human
bodies very tortuous and difficult 10 Thought
that Mr.. Key must have been In semi recumbent pos
ture his right side with his shoulders higher than his
hips and inclined TO the right Was assistant surgeon
IN the .. army. Was measurahly familiar with gun
shot wounds. Thinks that this made with pistol
had cut ont The ball himself Here the witness identi
bed ball produced in court the ball referred to
hr ouid. What kind OF pistol would you suppose
produced this wound
Mr.. Brady. / object
The court ruled the question inadmissible.
Mr. Ould. What kind Of pistol does that ball belong
Mr.. Brady. I object. Certainly you cannot claim
physician as expert on the subject Of fre-arrns