Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-11

Trial Of Daniel r. SickleS for the KILLING
Of Philip Barton Key.
TIE MADISON PLACE MURDER

NhAlNhb 'oOhI-i H. CRAWFORD, Judge.
When our first edition was put to press on Satur
day, Mr.. Graham had suspended his opening adj
dress for the defence, and the Court taken recess
for few minutes, the Judge having retired
At the return Of the Judge 1.-THE prisoner still be-
ing out of Court,l the argument Of Mr. Graham
was resumed, and the speaker now spoke as to how
lar the act OF the prisoner exoneraed him from the
consequences Of the law
IL was commended that at the time the crime was
committed the state Of the prisoners mind was
such as perfectly exOnerated him from legal conse
qnences- Disease Of the mind, as of the body. was
a most mysterious visitOr-they We're precisely of
Identical character. The ailments Of the mind
came suddenly and mysteriOusly as did the
diseases to the body On this point reference was
made to the first volume Of Hale, p1ge 30.
The jury not To be too savage on the one
hand, nor too feeling on the other. The defence
seemed that this case presented an instance Of
governabie passion That ]: passion in proper
ton to the cause. As TO this point Of un2 overn-
able passion, reducing killing to manslaughter
the speaker referred to instances as laid down in
the Law as found in Chief Justice Hollis law re-
ports
Also to Fosters Reports 900 and POI, on the
same point. In murder the party is in possession
OF his will; In manslaughter he has no reason to
be out Of il. MIR. Sickles did not act in cold
blood He knew when lie met Mr. Kew that Mr.
heg was about his house 10 make an designation
with his wife. He knew that Mr.. Key had hired
house but few blocks distant from bis mansion
To crafty his base passion. He hired a house in
locality Inhabited by blacks and awaited himself
of the legal fact that what would be seen there
was not seen at all. Mr.. hey was armed with all
the things necessary To carry out his adulterous
purpose with his handkerchief and opera glass
with which he could peer into the bosom OF Mr.
Siekes's family. One of the items of the defence
will be that Mr.. Kew n man who was in the
habit of carrying arms.
Mr. Sickies knew Of this hired house; he knew of
this Operl-gass and park, and club house conve-
nent place To retire to when it not safe for kew
to be out. He knew when he saw Mr. Key there
what he was there for. Mr.. Sickles did not know
that MIR hey was coming there, but when he saw
him there lac knew what he was there for from
the facts that had already come To his knowl-
edge. Could he under these circumstances have
acted in cold blood. IL he was excited, was il
case Of passion unduly excited, II Scklcs was
In any state Of passion, was that too great state
of heat for a man who saw before him the person
Of the seducer Of his wife, lie Kew took separ-
deeds.
Had Mr.. :. any hand in originating his own
passion! IL he had first provoked Mr.. Kew and
then been provoked by Mr.. Rev, his case would
have been different. The provocation originated
entirely with Mr.. hey.
Here an extract was read from II State Trials,
page 81. to show the state OF mind necessary to
constitute crime in such a case. In order to
make out crime, there must be will and inten-
ton in the mind, but when the mind is transported
by frenzy, il is utter impossible that the will
exist IL has been asked. can the Ethiopian change
his skim Can a man change his nature,
The speaker spurned the idea that Mr.. Sickles'
mind was ia a mere state Of passion. If he was
human the moment his eyes fell on the man who
had betrayed him he would have been transported
at once, and lie would become the creature OF
his instincts, as he no doubt was. If the provoca.
ton was greater than human nature could bear
lac is equally unaccountable i'm all the circum-
stances OF the case. 20 long as Mr. Sickles did
not originate his own prOvOcaton bis act CON-
mitted under its influence is above the visitation
Of human law.
Was the deceased in the peace Of this commu.
nity-was Mr.. SiCkles moved and instigated by
the influence ~ the Devil! What AN atrocioIIs
verdict that would be 10 say that Mr.. Key was in
the peace of God when he went to the place Of as
signatiOn.
Here the speaker referred to the first of Hale,
page 81, 10 show how far the mind must he affect
ed To under the sgnifcation Of total insanity;
also TO ErSkine, in Hattields case, ia the same
work.
Upon the point Of insanity, Mr.. Graham pro-
ceeded to quote from Deans Medical Jurspru-
dence, pages icS and 1875, and discussed the Vari-
kinds of mania. moral and otherwise to show
under what states Of mind the is irresponsi bic
for deeds done in that condition. If mans will
is maddened il cannot be contended that he is q
free moral agent.
The mind Of man is not perfect for the purpose
of human responsibility when either the reason OF
the will is dislOdgrd.
Mr. Graham proceeded to quote from $40 of the
same authority upon suicidal mania, and also
from 574 and SIS, and argued that the crimnalty
of an act depends upon the amount of will put
into it.
Without moral liberty there can be no response
bility. Now what moral liberty can there be en-
JOyed by that man who il dealing with the seduc.l
Of his wife! Free agency, the right of volition
Is denied the party, and he is acting without moral
responsibility.
IActing upon a suggestion of the Court Mr.
Graham now gave way for an adjournment, al
III minutes past 3. p. m, having spoken for up
wards of live hours with great power.
Prior to the al jOurnment tue District Attorney
rose ~ ask formal permission that the jury should
have the privilege (to-;norrow being Sunday OF
walking out under proper supervision.
The Court aSsented.
Mr. stanton then suggested that the jury might
be allowed TO attend divine worship ON the NOR
Judge Crawford said he had great regard for
the sabbath and for Divine worship, but in view
of the fact that the jury belonged 10 different de-
nominations. and would also in leaving church he
liable 10 come ia contact with many PERSONS.
thought 1t not proper To act upon the suggestion.
SEVENTH D4Y-MONDAY