New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-13

t,on IN s.snts 81 TIE truth and in volson Of all jos
ice : l. tie law become a bed where the pnnepss
Of Justice are eat of or epgtoened sothAt INC
proposed here may % ineynsoy sceonpn1ei
Tnst 10 he aueston before TINS Court. Who hgolei
ire nsne IN the breast % the husband We boz pro
pose 70 chow. The materials are always tnerei tney
are in your HoDors boso1 ihey are 10 eseiy . ,-aS
bosom, and only require the application Of the loren
10 bnrt into a complete cOntsgrntiop. II the we
spphed the torch 70 the temple ct tue husosnh nap
pness-if j. vss consumed sc Consequence q Lno
ssvovsl and confession Of bis disaonOr i AK Why
slond this husband suer, when ne rose IN obedeoce
10 the instincts Of nature, and psr2eraed 40 at ior
which he receive the sp al OF every ntegal
and rejecting man Tbb angUished nan, Sheu ne
;,terrunfed in the fret moment of the act turned
on those who iuterfsIed snd said: " The man have
slain has deed my marriage bed Although his sl'e
told him the story the night bsoie she tod TO
she tod il him every moment from the time be mrs,
herd il down 20 the happening OF that fatal event.
Her words were ringing in his ears; her statement
was before bis eyes, her body vas polluted IN ms
presence. There are the facts which We geek to Pn,
into the scthe act for which il sought TO Obtain
conviction against him before this Court and jury IL
seems 10 me- therefore, that even though this state
melt may have been divided by an interval Of twelve
or fifteen bours from the occurrence OF TIE man ise'
the homicide, nevertheless the evIdercs before the
Court Of the sObbipg and wailng OF the husband
throughout the night and OF his having at the very
moment Of the act declared the which led him
TO perpetIate it. placing il in part On this statement
en- tiles this defence to the benefit of the evidence
Tie District. Attorney Iose to reply.
The Judge suggested it was low within ten minutes
Of the hour Of adjournment.
The strictAttorney merely wished to cay that ne
had understood enormously, that the application for
the introduction OF this testimony was put on the
ground Of insanity and not the ground Of provocs
ton, ard that be had confined himself exclusively to
the point with regard TO insanity.
Mr.. Brsdy-We still adhere to this as the only
ground ard purpose for which this statement ia offer
ed in evidence and do not propose 10 invite or 20
engage in any discussion a. this time on the question
l.. hT9n oavtxT i.t bat
peat that we offer this statement exclusively as
communication made TO the accused, exciting him to
that condition Of mind in which alege he was at
the tine Of the decesse of Mr.. Key.
The Dstric. Attornsy-The material question be-
fore your Honor is whether it il coptendsd on the
other sce that the prisoner was thrown into state OF
mental excitement by this communication, or into
state Of insanity if the former, then the course OF
argument on the part of the United States will be
very different from what it has already been un-
derstspd that 20 far from that being the allegation on
the part of the defense, it was that the party wa,
thrown into a state Of insanity. II II IL contended
that il threw him into state Of excitement, even
of erzy ss bat to be the expression preferred
we have authorities TO cite on tnat point which It
would be- perhaps, well enough 10 put into the pos
sessoE Of the oefeDse.
Mr.. Brady suggested that this WAS not proper
time for the prosecution to DISGUISE that point. The
defense in regard TO the testimony now offered, re-
posed on his HOpOrs ruling in the CAGE of Day, where
his Honor went into tie general question OF insanity
hnO alec INTO quctuOn thoN vi tio
mind one condition Of which was TO use his Honors
language being rgsd. Counsel referred TO
WbartOn's Criminal Law, edition of 1871,
sections CO, and 4. When under the head OF In
formation going to make up the bona bdes OF an act,
il s said " That there are several qualifications TO
the rule by which heaTssy evidence IS eXcnded, and
that the information and circumstances on which
man acted whether true false, becomes subject Of
il qury and even material and original evidence"
If il became necessary to prove that man had been
afflicted WITH the headache which was 30 intense as 70
affect his resson it would be by his declaration
Not s the ply scians of the world could determine
whether man had headache or no., it could only be
known by his own statement. The same winter on
evidence, ard one of the sections quoted Gays:
That letters ard communications addressed TO a per
SOD, wbose sanity is disputed, being connected 10 evil
dence with some act done by him are admissible for
the purpose of showing whether he was insane or
rot What was the point here 1t was the condition
of Mr. Siekless mind-and whst-dd they propose TO
show The cause, exciting that mind to g condition
which made him irresponsible for his acts.
Counsel put several hypothetical csses, illustrative
of the necessity of admitting such evidence, and
quoted Judge Crswfords ruling in the cases Of Day
and JarbOe.
The Court adjourned.
The whole of the confession is in Mrs. Sickes's
handwriting 1t plainly and distinctly writer, aud
bears little if any evidence, of the nervousness ard
trepidstion natural to the penniDg of such paper.
Mr. Bradley was in Court to-day, sitting beside and
occasionally comforting with the counsel for the prose-
cuton.
Special Dispatch to The N. Y Tribune.
WASHINGTON, Tuesday, April II, 1859.
L. H. and Of