The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-22
TFLFGRAPHTC NEWS.
~~s,~--.S.eN>.,ss--s~-sS~~.-,~
TRIAL OF
DANIEL f. SICKLE
FOR THE
Murder OF
y. BARTON * Il \
fRxposrtp SPECIALLY Br TELEGRAPH TO AhA N'eh
MoNp d. PATCH
pxp WARRINGTON AND MEMPHIS TELEoa.ra line
FSh A'"i" Corner Main ard Pearl streets }
WASHINGTON, Thursday, April Il


~ Y..u,.c-oS AND MEMPHIS TELEGRArH line
'~A Corner Main aud Pearl stree"
WASHINGTON, Thursday, April Il.
~. p,adv stated that the counsel for the de-.
,.ncs declined accepting the proposition of the
orosecu,ion TO accept Mrs. SIS confession as evil
seuce for the defence; and the rebusting testimo-
ny was continued.
p,ouc,s Dopls caIied-went for the coroner al
most Immediately after Keys body was carried to
the club house.
A long discussion ensued at this point, the de-
fence having objected that this was not reeuttins
testimony.
Mr.. ould stated that It was simply preliminary
and he wished TO prove by witness how the pa
pers scrips, cards, etc, came into the possessop
Of DIR. Miller. How, where, and by whom the!
we're discovered.
MIR. Brady claimed that the papers, wherever
found, should have been produced in court.
The cour, decided that tho evidence OF 'ne'
papers had been introduced by the defence TOT Inc
Arst time, and that this evidence now proposes 10
NEE. that Ia rebutting evidence, snd Is aomssipe'
| Int q must be confined exclusively to that
Wines resumed-Was standing talking 10 Dr.
Miller and some one exclaimed tnat tue Papei'
| had been found, and witness. without .ou.uine
| ,hara reopeated DIR, NJ. to take charge OF them'
| IA .and Them to MIR. Keys friends Almost every
| me who came into the room bad access 10 the
| clothes but witness was not IN the room s,i VIZ
| Iine when the people had access 10 tnem- ~ was
,hTee hours after the coroners inquest, ana u was
"a, long after the inquest, when the papers were
| sound. Witness did not touch the ciothes sir'
| Green,esf was there, Mr.. Morgan ana otneis,
| wben DIR. MilIer's attention was called 10 tnose
aud other papers. "itness sau ios aoar. nnii,
| tanS;n0 circumstances of finding the papers unth
stter t6ey bad been disc.osed in court After VIII.
nV NJ On,d here proposed to question this witness
| as to the appearance ana conau'' "a "''A'''
time of the homicide
NJ OnId stated that the defence had offered tes-
,,mony to prove apparent insanity or frenzy or
the part Of Sickles aud 1t was nnques,Nnaoiy
the privilege OF tse proseco'ioh w i''io
The question was discussed by Messrs. Brady,
Stanton and Carlisle. -
The Court decided that As large portion OF tne
evidence for the defence had been ELECTED TO the
mimi Of insanity, this evidence was sdmiss''
hIe The defence claimed that the burdeb OF the
proot of insanity must rest upon the prosecution
rbis il clearly not the law. Every man is sup
posed 70 be sane until ne IS proved 70 10 .no Tn
trary sanity is the normal condition OF the hu-
man race.
took his arm after the shooting, he thought tie
prisoner appeared more self.possessed than bis ex'
preston about "his bed being dishouored," indi-
Gated Did not see anything in the prisoners
mapuer to indicate great excitement.
MIR. Brady ash ed the witness if he had ever been
10 luuatic hospital!
Witness misunderstanding the question, hoped
the court would protect him from insult.
Mr. BRADY promptly disclaiHed any insiDustion
that witness had been an inmate of an asylum, but
the question was merely whether he had ever
visited such place.
WItness-Never saw persons in an insane asylum.
Don't think if he should see twelve persons in al
asylum dancing he could tell which were sane
las seen persons of quick temper who were quick
10 anger and qnick to become tranquil. Went for
coroner. DR.. Coodridge was there and called wit.
ness. Went away after going for the coroner
Came back and remained there until after o'clock.
Witness resides in the Club house.
Albert GreenleGf cslled-Was present at the Club
house while DR. Miller was there's on the evening
in q gestion, some papers we're put in DR. Miller's
hands by police officer; don't know what the of
fcer's name was; there we're two present-one In
grey uniform, and one in blue; the papers came
either from the coat or vest; the officer who held
the papers held them while witness and others
we're examining the perforations in the coat; saw
the officer hand the papers to DR. NJ, at the sugges.
ton of SIR Doyle he observed that they were in the
vest, but did not him take them out; don't re-
member the precise position OF the clothes until
the officer had them in his hands
Jacob r. ki,tg, Observation-Disclosures present
at the Club house; got there while the inquest was
going on; stad there until the body was removed
to Tayloe'e: witness was requested to take charge
of the door of the room where the body was lying
and DR.. NJ. came in; Keys coat aud vest were on
the chair; witness held them up and examined
them; thinks MIR Suowden handed DR.. Miller the
Dapers: this was after the inquest: thinks they
we're taken from the fob pocket in the PANTS there
Was a small white handled knife, aud some papers
Messrs. PendIeton and Tsyloe came for the body;
Ia pretty confident the papers were handed Dr.
NJ nv Mr. Snowden; witness did not examine the
pockets: Snowden appeared to very officious about
the body; thinks he took the papers from the
pocket; the pants were on the body OF Key; the
mt nnorandum book was very small; saw it last in
DR.. NJ g hands.
Abel Upshur, called-Observed Mr.. Sickies at
the time of the homicide; be appeared COOL AS far
as witness could judge; as soon as he got up to
him he desisted and made the remark to witness
as heretofore mentioned; his manner appeared to
be self possessed; witness saw no indication OF
great excitement; has 8. frequently, but
never saw him under the influence of anger; saw
him butt moment this time.
Ed,gard N. Tlddu, cslled-Observed Sickles at
the time, but not particularly; his manner was
cool and deliberate; his face was somewhat pale;
never visited an insane asylum; has seen Sickles
often before, but never noticed his eyes: don't
know whether the babitual expression of his face
| ia pale or not.
At this point, Mr. Ould directed the Marshal to
call Senator Brodhead and Richard d Hadmer,
which was done. They not answering, John j
| McEhone was called, who was also absent.
Gas Howard called-I was brother-in law of
| Key. He was handed paper by Mr. Carlisle, and
| stated. 1t was handed him by Mr. Pendleton some
days after Keys death; witness was then at Key q
late residence; before left the city for Baltimore,
he handed witness this and other papers; witness
thinks he can read the CIPHER; has translated it,.
Here witness handed Mr.. Carlisle the paper and
| translation, which handed to the court.
MIR Brady-Do you know the handwriting of the
originaG
WiHess-I do not
MIR. Brady-Then I object to it. The original
may go to the jury, however.
The Court having perused the paper, it was
handed to the counsel
Mr.. Carlisle stated that the paper made its APP
pearance yesterday, in the Characterization OF
Mr.. Pendieton The defence, after examining
that and other papers, asked the preservation of
the letter In CIPHER to be used in evidences so far
the prosecution had numbers to prove the hand
writing; having been found on the body OF the
deceased, it should go to the jury with the trans.
lation, to enable them to understand it; accomps.
MED also with the key to it, to enable them to
judge whether it 10 accurately translated; the
prosecution held the paper to be in the nature Of
one written In q foreign language, to interpret
which to the jury, a sworn witness was necessary;
in this case the witness on the stand was that
interpreter; It was proper for the jury to be ena.
bed TO know what the contents of the letter really
were.
Mr. Brady-What is this proposed testimony to
rebut,
Mr. Carlisle.-Nothing. The defence complained
that the prosecution had not given 1t to the jury
and 1t was the right of the prosecution to chow
that it found on the body OF the deceased, and
should therefore have gone to the jury, it was the
right of the prosecution to show its character
The United States having given evidence of what
was found on the body OF the deceased, this being
omitted, and the defence having insisted on lis
going to the jury, the prosecution had right TO
give 1t to the jury now.
Mr.. Brady held that If it was not to rehut any
thing, il was not admissible evidence.
protractcd argument transpired between the
counsel, terminating in the ruling by the court
that as the paper was not rebutting testimony, it
was therefore not admissible.
Watiam DaW, policeman, recalled-Was present
at sickles house shortly after Key was killed. &C.
companied Sickles there from Judge Blacks in q
hack; witness st0oc In the hall opposite the front
door; drst went into the library, where he held
conversation with . gentleman who was there
S;ckies came out Of the library and wanted to go
up stairs; witness and Suit opposed his going up,
without pledge not 70 ipjure bis wife. He said |
be had no intention TO ipjurc her, and McBlsir |
said he mig hit be depended on he WAS then per. |