Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-21

the prosecution. The question was the defence
having closed their evidence, could the prosecu-
ton. now recall all their witnesses for the purpose
of a further calculation Of the subject and the cir
cumstances under which they were placed with
reference TO this point' He submitted that such
course was contrary 10 all the rules Of evidence
Mr.. Ould replied that the evidence with respect
to the existence Of these papers had been brought
out exclusively by the defence and he now pro-
posed to show how their existence first became
known. ..-.E !
Mr.. Phillips continued, saying that tie question
was whether the prosecution could recall wit
ness whom they had not Tor reasons best knownto
themselves fully examined, and having closed
their testimony in chief, to examine him rs to
matter brought ont by the cToss-examination Of
the defence. He should not trouble the Court
upon point So plain. He wished to call attention
to an authority bearing on this question.
Mr.. Phillips then read a case ia point, recorded
in Second Darlington, on page AIS, where party
was indicted for stealing peas from granary
Mr. Carlisle did not deny the authority quoted,
but il did not strike him as bearing on this case.
lie foreSaw that the defence proposed to found an
argument on the suppostion that there might have
been other things found on the body OF deceased.
These papers. he had an impression he had been
Informed, were picked up from the floor, and
were not found upon the body Of the deceased
DIR. Miller stated from the stand that his impress
sion was that the papers were handed him by Mr..
Doyle. Was il not strange that this new substan-
tive and distinct fact brought out by the defence
could not be explained by the very witness who
according to the impression Of DR.. Miller, gave
the papers TO hiinl a. .... -
Mr. Brady handed the card enclosed with the
paper by Dr. stone to MIR. Pendleton to the court
Tor examination He then proceeded ~ say that II
these paPc had been relevant they should have
been introduced by the prosec ution. II they
irrelevant, they should have been objected to by
the prosecution at the time they were brought out
by the defence. Now, We had revelations which,
Ia the least Of it, very singular after the
prosecution had conveyed the impression that
every thing had been produced here in court which
had been taken from the body OF the deceased.
The defence had shown that other things had been
found. They produced them here, and had right
to infer that the body Of the deceased had been
touched by other hands than those Of the coroner,
whose province alone il was to examine the person
of the deceased. They had right To suppose that
other things were on the body Of the deceased,
and, with ut casting any reflections on the motive
Of the prosecution, the defence had right to the
| evidence which they had brought out
Mr.. Carlisle said Le understood that these papers
were not only not found upon the body, but not
| found until O'Clock in the evening.
Mr.. Brady claimed that the papers wherever
| found, should have been produced In Court
The Court decided that the evidence of these,
| DR.. Miller papers had been introduced by the de-
fence for the first time and that this evidence
| proposed to meet that is rebutting evidence and
is admissible. but must be confined exclusively to
| that.
The witness, resuming, stated that he was
| standing talking Ia DIR. Miller, and some one ex-
| claimed that tie papers had been found, and wit
ness without touching them requested DR. Miller
| tn take charge OF them and send them to Mr.
| KEYS friends. Almost every one who came I'm the
| room had access to the clothes; hut witness was
| Tot In the room all the time. When the people
ad access To the clothes il was three hours after
| the coroner's inquest, and il was this long after
| the inquest when the papers Were found. Wit
| ness did not touch the clothes Mr.. Greenleaf was
| there. and Mr. Morgan and others. when witness
| called DIR. Miller's attention to these additional
| papers. Witness entirely forgot the circumstances
attending the finding of the papers until after they
had been disclosed here in court after witness was
| examined hero.
| Mr. Ould here proposed to question this witness
As to the appearance and conduct OF Mr.. Sckles al
| the time Of tue homicide.
MIR. Brady objected.
| Mr. Ould stated that the defence had offered
testimony 10 prove the apparent insanity or frenzy
of Mr.. Sickles at that Time and it unqueston-
ably the privilege OF the prosecution to Introduce
| rebntting testimony as to that.
The question was discussed briefly by Messrs
| Brady, stanton, and Carlisle.
| The Court decided that as a large portion Of the
| evidence of the defence had been directed to the
point OF insanity, this evidence was receivable
The defence had claimed that the burden Of the
proof Of insanity mnst rest upon the prosecution
| This was clearly not law. Every man was sup
posed Ia he sane until Ii was shown to b- the con
trary. Sanity was the normal condition of the
| human rare he hoped.
| The witnrss continuing. stated that when ht
came to Mr.. Sickles and took his arm after tn,
shooting, he thought the prisoner appeared NOR,
self possessed than his expression, about his bed
being dishonOr-d, Indicated Did not any
thing in prisoners manner to indicate great eN
element.
Cross examined Mr.. Brady here asked the
witness if lie had ever been in a lunatic hospital
| The witness. misunderstanding tine question
said be hoped tue court would protect him from
| insult.
| Mr. Brady promptly dsclamed any insinuatior
that the witness had been an inmate Of all asylum
| but the question was merely whether lac had eve
| visited such n place.
| Witness (resuming) never saw persons in an In
| sane asyiuu Don't think, if nc should SEE lively,
persons in an asy lum, dancing ne could tell whc
| were insane and tho Were sane. W Witness has Srei
| persOns of quick temper. who Were quick IA angc
aud quick :" become tranquil. Witness went ia
| the coroner. and Dr. Coolidge WIS there, AM
called witness attention tO the clothes uf Mr.. Key
bat witness went away. and aftrr going for tn
| coroner. came back, and remained there till afp'
| o'clock. Witness resides in the Club IionsP.
| Don't remember the names Of the pc, s,,i,s whC
were examining Tie clothes when the papers ~
| question were discovered. There WAS an ovcrcOl
OF Keys there that had been lying in the club
house several days; and after the coroner left wit
ness directed a servant 10 throw il over the bo'ly
Sane four five days after the tncss WAS ex
amined here before, Mr.. Windcr told witness tia
| he found these papers, and then " illness reIncuI
| bercd the fact and spoke of IL publicly. Witnts
WAS greatly excited at the time Of the killing.
TESTIMONY OF ALBERT GREENLEAF.
Was present AZ tho Club House while DIR. Mile
| was there On the evening in question Some pa
7 | pers were put in DIR. Millcr's hand nv Il polio
, | officer Don't know who be was. There wcr
p two present one In gray uniform aud one in blue
The papers came either from the coat vest
> The officers who held the papers held theln whll
witness and others were examining the Pcrfora
tions in the coat aud vest. Saw tue officers hanC
the papers To DIR. NJ. at the suggestion Of Mr.
Doyle. He observed that they were in the vest
but witness did not see him take them out. Sew
p eral persons were there MIR. Doyle, witness DIR
Miller, Mr.. Snowdon, and the two officers, per
haps one two others. Don't remember whethe
Mr.. Winder was there or not.
| Cross-examined. Was there that day by g.
O'Clock. Don't remember the precise position u
the clothes till the officer had them in his hands
, | Cannot describe the officer.
Il Here Officer King WAS designated rs the Office
named. and he was placed upon the stand
/ TESTIMONY or JAcQB +. king. (PoLICEMAN.)
Officer King testified that he was present at tn
| Club House. Got there while the inquest wa
A going on-staycd there till the body was remove
g | To Mr.. TaylOes. Witncs. was requested to tax
= charge Of the door Of the room where the bod
n lay. Was ia the room and DIR. NJ. came in. Nj
o | KEYS coat and vest We're chair Witue:
held them up and examined them, and witnei
| thinks Mr.. SnowdOn handed DIR. Miller the p;
| | pers This after the inquest.
4 Thinks they Were taken from fob pocket In b
pantaloons. There was a small white-handl
4 | knife and some papers. Mr.. Pendleton and NJ
/ Tayloe came for the body. is pretty confident tn
III a. IN. In A..