Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-04-19
THE SICKLES TRIAL-

THE sICKLEs TRIAL
WASHINGTON, April ls.-The court opened
at the usual hour. y large audience being ii
attendance. The Petit jury which bad been
directed to be in attendance to day, h.-.thcir
names called and were excused from attendance
{ till this day fortnight This would indicate an
intention on the part of the Judge To admit the
evidence offered.
District Attorney ould proceeded to close his
argument against the adu,issability of the cyl
demce offered to prove adultery.
The. Judge delivered the opinion of the court
declaring that the evidence, showing the adul-
teIouS communication existing between Mr. Key
ard Mrs Sickles, is admissible. 1t bad been
alleged by the defence, that the case nOw pre-
scented, was analogous to that of JAr6Oe; he PRO.
ceeded TO show that no such analogy existed IN
the case now before the court; the prisoner
made the declaration at the time of the homi-
eide, me has detilcd my bed" the declaration
of the prisoner explained itself, therefore, no
evidence was necessary to elncidatc H. The
facts themselves carried no further impressions
To the human mind, than tire expression itself
docs His Honor, in llerberts case, drew
distinction between declaration made by dcceas-
ed and those made by the prisoner, otherwise
party might manufacture testimony ia his own
case, while such objection could possibly APP
ply TO the declaration of the deceased; his IN
StrucliOn in the JarbOe applied to this case
here namely, that the facts did not justify the
act or constituted q legal provocation and that
the killing was murder. The last ground ON
which this evidence had been urged, was the
ground Of It's being geatde, that II was con-
petcnt rs explaining tie declaration ut the
prisoner, that the deceased lad vioetcd his bed
the declaration itself was part OF this res gtStd6
and was receivable bat the evidence of the
worth of the declaration was not res gestae and
was not receivable.
Mrs Nancy Brown, recalled-examined by
RntclilF-WaS sufficiently acquainted with Key
to know him; last time saw him was on We'd
nesday before lac was shot, when lac went into
the house ON 10Th street; saw him take key
cut of his pocket, unlock the door and go IL; lac
came out in about an hour avn acquainted
with Mrs. $; him 60 backward and for
wards; after saw her go in and then out tue
back way, he would come out of the front door.
| Q. How long were they in the house?
y. About hour!
| Q. How did you know II was Mrs. S?
| \. | cnquirod different times; saw Mrs. 5.
at her own house atter that; then other persons
were present, she was the lady had seen 50
into the brick house.
q. How often had YOU seen them, before that
Wednesday, go into that house.
| a. l saw linn go in three times before; when
he unlocked the door and took the key from his
pocket, saw Mrs. S. go with him, and have
hold of his arm, except Wednesday before Key
was killed.
| Q. What time elapsed between these three
times you them go iHto the house.
~ About a week; | saw them 20 in three
times within three weeks; Key came up to my
door in October; he rode; lac stepped On the
Porch and asked r.ie whether the house Vas &C.
cupied; said 10; lac asked me TO whom the
Iolse belonged; told him colored man NAMED
John Gray, and he lived somewhere on Capitol
Hill, and that the cOOrcd people could give him
all the necessary information.
Mr.. Brady showed the lock of the door OF the
assignaton house TO The jury, which was lifted
by one Of the keys found IN the pockets oil the
deceased.
Policeman Mann was called and testiGed-I
have been in the house No 3S3, 10Th street; |
WIS in it on the Monday following Mr.. Keys
death; lawyers Magrudcr and Ratclitie we're
with me; found there shawl, a pair OF gloves
a comb and s)lue cigarettes; | found the shawl
on the bed in the front room. The witness
here identified the shawl produced IN court as
the one found III the room There were two
rooms in the second story; saw bed and bed
ing in the back room. also, bureau, wash
stand and some soed towels; the bed was Lot
made; rot in the house the back way, through
the window; MIR. Radcliffe and Mr.. Masruuer
went in at the front door; opened it with the
side door key; a co.ored man raised the window
left the house the way came.
Daniel Ratcline, oae OF the counsel for tue
defense stated; knowing the necessity OF ascer-
tanning the truth, Mr.. MaSrudcr and myself
resolved to 20 to the house Ia 10TH street, got
iunn to go along; HOICCiiiaU MIMI WIS hisp
selected to accompany us; We found the bed III
confusion and a shawl on It that we thought be-
ionged Key; saw some cigarettes. Comb and Il
pair of gloves: Mr. Mann got them all.
John ST. Seeley was recallcd-Aiy attention
was first called To the visits VI Key and Mrs.
Sicklcs to tho house, sometime last January; L
have. seen them there many times; diG not
notice a shawl on him; the first time saw them
Key unlocked the door and let Mrs. SicSles In;
they walked there; the door was shut after they
got in; seeing that | watched for them; this
was ON Saturday, the 18th Of February, say at
about one o'clock; they passed before me; they
went to the door, unlocked it and went q; Mrs
Sickles threw ups her veil aud looked at me;
had known Key Tor long time; ! saw then az
terwards come out but separately, with AZ ia
terval of tive minutes; had seen Mrs ScSles
at times in other sections OF ie city aud knew
her general appearance. her dress and her h5urei
the walking about tue house was often extreme
ly muddy.
Mrs Seely, wife Of the previous witness, was
called, and cOrrOborated las statements. ArS.
Siekles appeared excited the time saw lier-
ON Wednesday | saw her; l asked her It She
was not the person had seen on the Weines-
dry previous in the alieli size said Sue was;