Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-20

| not well defined il was the duty Of the Court TO
interpret ii in favor of life and liberty All cir
| cuinStances bearing on The case are properly adj
missable testimony that the jury may plainly
the whole case.
In the case Of Maryland agt John Stump. for
the murder If Hammond from which he quoted)
the prisoner killed the uncle. by marriage for Sc
ducfng his sister, girl of weak mind and was
acquitted after fifteen minutes deliberation of the
jury StumP's counsel had referred to the cases
adduced 50 far by the defence in this case and To
Others, (all of which he named J and which he
commended showed that courts in this country AL
ways favored the policy of opening wide the door
to the Introduction of anv and all testimony tend
| ing to throw light on such cases The interval a.
time between the declaration of Sickles proposed
10 be admitted as testimony and tie killing was ex
ceedingly brief, as he explained
! Mr.. Ould would not take lup the time of the
| court In discussing this question His purpose
was 10 express his surprise at the ntimation of the
gentleman that the prosecution had suppressed the
| truth and suggested falsehoods Yet .bad eY
pressed his of the fact of the entire pr1priety
| of the manner in which he and his colleaoue had
conducted the case. These contrary Declarations
required no comment from him he left the gen
tlenan resting under the weight of his own con
/ tradictiOns
Mr.. Magruder explained that he had made no
snch charges against the counsel for the prosecu-
uoh personally, merely suggesting that the prnci-
/ pie on which il was conducted was that of the
suppression of what the defence regarded as the
ruth ana the suggestion of that which they held
] To be untrue.
| Mr. Ould presumed that such only must have
been the meaning of Mr. Magruder, and was glad
| of it.
| Court It is proposed to prove the declaration Of
| the defendant shortly before he left the house
| and killed the deceased< Except when part
Of the res gsStd or when introduced by the prose
cnuo9 tue testimony proposed to be offered was
not admissible. The length of time elapsing be-
tween the alleged utterancs of the declarations
and the killing, made ii inadmissable as part of
! the res gsstd. IL could De admitted only as evil
/ dehce going To prove insanity.
/ nDl Fi.l NI.s ia.
and resumed his testimony. stating that after the
waving of the handkerchief Sickles said s.that
villain has just passed my door and waved the
| handkerchief" or something to that effect HID
made inquiries into the truth of the statements i'm
| the anonymous letter shown him by Sickles On
| Friday had first communicated to Sckles the re-
suit Of his Inquiries. 1t was after gaslight Told
him he had obtained consent of parties living
| opposite the house in Fifteenth street 10 watch
from II on Saturday, and that he had been told by
them that on Thursday they had Seen the woman
accompany hey TO the house. Told him on
Saturday that had discovered that these people
were mista ken in the day; that il was Wednesday
not Thursday. described the dress she wore on
that day, and said II was the same dress usually
worn by Mrs. Slckles; he recognized them as
Mrs. Sic kles dresses. i also learned that Mr. Kew
| had said be had hired the house for senator
that load OF wood was brought to the house
/ room opposite, everybody about the nei ghborhood
| knew what he wanted ii for.
! CrosS-examined.-'rhe anonymous letter was
/ SHOWN witness on FRIDAY about O'Clock in the
/ House of Representatives. Witness went To the
stairway leading TO the lobby and met Sicklr.
As he approached witness he took letter from hi
pocket, and remarked that he wished To speak to
witness on very painful subject lie read the
letter nearly through and then burst into tears He
/ then stated that he generally threw anonymous
letters into the fire. but the statements in the letter
Were So easily proved that lac could not disregard
them. IL said To witaess further that he had that
morning been TO the house on Fifteenth street and
had found that II was there rs described in the
letter, and that hey had rented it, and was using
| II Tor the purpose stated. He also said his ONLY
| hope now was that the lady who freuuent.d the
1 house was not his wife.
He asked witness as friend To prove or dis
prove these facts, and calling a rage he and
witness rode to the place To see the house. ON
| the way witness promised 10 undertake to find
out the truth or falsty Of the facts stated In the
Letter Witness did not go back to the House of
Representatives,, and don't know that SickIes SUBJ
4 seIuently on that day addressed the House of
| Representatives and revised his speech While
witness was with him that day Sickles evinced
great passion or grief, and sObbtd a great deal
| His grief on Friday was not near rs great as ON
the next day, when witness communicated to him
the facts which substantiated the allegations made
| To SAT that lac took SiCkles iuto Il private room
| near the lobby on Friday, but on saturday. He
/ sObbed aloud on Friday and exhibited great ex-
citement, but not near SO much on SATURDAY.
! Don, know that on Friday night Mr. Sickles
| revised speech which he had made that after
noon. Learned that Mrs Sickles visited this house
on Thursday from son of the colored woman
/ whose room witness occupied opposite Witness
made his second report To Mr. Sickles on SATURDAY.
! evening about O'Clock. Mrs. Bayess told wit.
/ ness that ii was on Wednesday and not Thursday
WHEN Mrs. SickleS lad last been at the house AT
| ter witness Inade the communication To Mr. Sic
/ kles don't know IL Mr.. Sickles addressed the
| House; don't know if he remained and voted
w ltn'Sc left very soon after making the cOmmu-
ncatiOn.
Has been intimate with Sickles since 1855. WAS
not acquainted with him prior to that time. Wit
ness has never acted as regular clerk for Mr. =.
but hns sometimes assisted him in asserting his
letters Witness Is in the map department of the
House of Representatives. Mr.. : said Le had zone
himself To hnd the house. and had been guided to
IL by the reference tO IL in the ANONYMOUS letter
When witness made the communication to SickI-s
on Saturday. witness described the dresses worn
by the lady visitor to the house. they had been
described to him by the parties in the nejgbbor-
hood. Mr.. ;. seemed convinced Of the truth of
the charges when the dresses described to
him by witness: for lie recognized them a. his
wlfe's clothes. lie was very much grieved. This
Interview between the accused and witness took
place between and O'Clock on Saturday evening
After making the communication, witness drove
to his residence, and had remained there perhaps
To take his dinner, say one hour, when a letter
was brought To witness from MIR. $ by Mr.
McCluskey; and witness got into carriage and
drove To the Capitol. Saw Mr.. =. and remained
with him some five or ten minutes, and left him
in the retiring room. Saw no more OF him until
Sunday morning. Sunday morning went to his
house. Mr.; ButterwOrth was present when Mr.
having passed his house.
ButtrrwOrth endeavOred to calm him and some
conversation took place between them. Sickles
very much excited. Butterworth said Ia him
something the effect that only themselves knew
it. and To keep quiet. Sckes replied that lac could
nOt-that the whole world knew it, He said
.'wnat shall dO.' Butterworth in reply to this
remark about the whole world knowing it, said
las a man Of honor have no advice To give YOU
Thinks this WIS all ne said. Is positive that b
did not say las a man of honor you have but one
course tO pursue
Mr. Carlisle asked the witness if he was not
that Mr.. Butterworth had stated that he
used these words.
Mr. Brady, interposng, claimed that such a
question Was without Il precedent
VI rCarlisle reminded the gentleman that when
Mr. Woodbridge was on tue stand the other day
that lie (CaTlisie) lad reserved his right of exarni
nation 10 the time when he should be recalled
The witness had stated that Mr.. Butterworth was
endeavoring to calm Mr. Sckles. 1t was surely
competent To show hOIc he was endeavorng to
calm him.
Mr. Brady, in reply, after compmenting the
Court upon the accuracy of its recollection of the
points OF testimony, proceeded to review the course
of the evidence especially of the examination of
MIR. w Oolridge. and claimed that the defence
had not questioned Mr.. w oolridge about the con-
yersation that therefore Mr. Carlisle had made