The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-04-28

ieideswas justihable or exeusabls, the deisnd'
ant cannot be convicted.
l,h. II the Jury believe that Mr.. sicties,
when The homicide occurred, intended 70 kill
Mr.. Key, hs cannot b convicted Of manslaash.
ter. -,
5th. Il ID for the Jury to determine, under oil
the circumstances Of the case, whether the act
charged upon Mr.. SiekIes 10 murder, or justifs
bic homicide. Rysns, case ]. Wheelsr's Grim
sth, II the Jury find that Mr.. sickles killed
Mr.. Key while the latter was in criminal inter.
course with the wife Of the former. Mr.. Sickles
cannot be convicted Of either murder or man
slaughter.
7tk. II, from the whole evidence the Jury
believe, that Mr. Sicklcs committed the act,
but at the tine OF doing 90, was under the In
fuencs Of . diseased mind, and WAS really un'
conscious that he was Committing q crime. he
Is not in law guilty Of murder. Day's case;
sth. 1.-THE Jury believe, that from any pre-.
disposipg cause the prisoners mind was i'm
paired, and at the time Of killing Mr. Key, he
became, or was, mentally incapable OF govern
ing himself in refsre nee TO Mr.. Key, ~ the do
baucher OF his wife, and at the time OF his com.
hitting said act, was by reason OF such cause,
unconscious that he was committing . crime
TO said Mr.. Key, he 10 not guilty Of any offence
Whatever. Days case. Pamphlet, page IL.
state Of the prisoner mind as to the capacity
to decide upon the criminalty Of the partic ulsr
act in question ; the homicide, at the moment
when IL occurred, and what was the condition
Of the parties respectively - to being armed or
not ct the same moment.
These are open questions for the Jury, ~ are
any other questions that may arise upon the
which Is to be taken into view by the Jury.
Jarhoe' a Casa pamphlet DauO 20.
10th. The law does not require that tho In
sanity, which absolves from crime, should ex'
ist for any definite period, but only that II exist
at the moment when the act occurred, with
which the accused stands charged:
18th. If the Jury have any doubt Is to the
case, either In reference 10 the homicide or the
question OF sanity, hr. sickles should be &C
quilted.
This plan Of "oflering arguments on
instructions is popularity in the conduct
Of criminal trials in the District Of Columbia
derived from the old Maryland customs.
First, the prosecution, and then the defence
offer, one by one, certain written instructions
upon points Of law, which they pray the
Court to give to the jury. The Judge, after
hearing argument, either refuses this prayer
or grants it, either in the terms proposed or
with such notifications as he may think
necessary, and the instructions thus given
must be taken to be the law OF the case
and must be treated o. such 10 the argu.
ments Of counsel which follow In that
argument the prosecution has the right Of
both opening and closing, and the case then
goes to the Jury without any charge from
the Judge.
Mr.. CARLISLE opened for the prosecution
on Saturday. lie was followed by Mr..
SrAsroS--the two speeches occupying the
entire day.
On Monday, Mr.. BRADY continued the
argument for the defence and on Tuesday
Mr.. OULD closed for the prosecution. The
remaining history Of the trial is told in the
following telegrsphic despatch:
wAsHIsdros, April 2s-9P.M.
There is fair prospect Of q speedy ter.
mination OF this protracted trial. II is ex.
pected that, If the decision OF the Judge on
the instructions prayed for be not very cd
verse to the prisoner. the case will be imme.
dately submitted to the jury, 10 which case
verdict will probably be returned on this
the goth day OF the trial. The District
Attorney resumed his argument this morn
ing, on the Instructions prayed for.
LATER.
Mr.. Ould concluded his speech at bali
past one O'Clock. The Court granted the
instructions prayed for by the prosecution
with explanations. and admitted some, and
refused others prayed for by the defence
The stretest attention was paid 10 this par,
OF the proceeding.
The defence renewed the proposition tc
submit the case without argument. Thc
District Attorney concurred entirely in tn,
proposition.
The jury returned amid intense excite
ment verdict Of Nut GUILTY!
The applause was deafenipg--the audi.
ence huzzaipg and waving their hats.