New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-05

! yoa.
Mr.. Sicbles explains the number Of his counsel
BY ssyipg that iunt distely after toe occurrences
for his paIt in which be i. to Be tired, number o.
/ bn friends, without tAki3g coan.el OF him, each
! engaged lawyer in his behsh OEuer' volunteered
forty fen New-YOIk City alone, according to
/ Dir. S, cut Of ~Aom the three ham-d above were
selected. Some haze been even oppressive 10 their
| eseerneis to serve toe killer OF hey, aud sns or
| tao gentlemen, without sufficient reason nave
given cut that ihey were hi. counsel.
| have noH here ,ee1 precise statement OF rue
grounds upon which the defense is technically
placed, or Of tie points upon winch tue great hgs'
/ in the case will be made. Tne homicide will not
be formally admitted by tie defense, bat viii, Of
course, be readily proven By the prosecution, winch
| will then rest.
The evidence Of Keys crimina,ity with Mrs.
S,ckes vii theTeupon he offered b. the defense
not, howeyer Us jgs.iication, but SIS showing tue
state Of mid il which tie deed was done which
sent Key go suddenly TO his account. 1t viii Do
con.s nctd stat Mr Sckes was i, st,ts OF frenzy,
bordering upon insanity; not indeed, to such Al
extent as I, absoye hin from moral accountability,
but sufficiently TO mske the killing msnsls1sater
| in tie fret, .econd or third degree. Upon this
ground the sdmissibiliiy Of the testimony OF this
point i'll be pressed. Wien it is once IL It @.ll
be made to bear upon the question OF guilt or nuo-
cerce in tie judgment of the twelve men who are
10 decide, will be more direct Practically It will
be used o Justification, though introduced as
matter in mitigation of the oGense charged.
Hayirg desl, with the sdul.ery and perhaps,
met The prosecution upon Incidental question, OF
fact, the defense viii rest.
The District Attorney Will. Of course, be permit
ted to introduce evidence upon the point raised on
behalf of the prisoner, evidence bearing upon the
question Of tie dead mans crinnality AID the effect
produced upon the Hers mind by the discovery OF
the facts aid By the appearance OF the adulterer
near bis house.
But further than TIL, b. vii no. so, without
lcrg and tough struggle with bis oPPonents
What bearing, they will ash, has Mr. Sickness
conduct ia early youth, or in i,tter d,ys, his
general moral character, even MS prociSity to
vice of the very species the INDULGENCE Of which by
Mr Key he punished so spcedily-grsnt that they
can be proven-Hhst have they to DO with the state
of mind in wtich the accused committed the crDe
| charged They are 10 part OF the res gestG. You
have no right 10 raise nes issue undcr tue pre-
teuce Of introducing rebuItlng testimony. Wehsve
not .lt il necessary 10 prove good characters you
have no right TO attempt TO prove bad one, when
such proof bas 10 beeIiOg upon the fact Of killing"
| II, however, the evidence touching these poiots
| is sdmtted-to give which it is understood that
large number Of witnesses from New.lork are to
be IN atteudaDce-the defense processes to DO ready
| to meet aud overcome it. blr. Slckes aud his
friends, however, feel ssnguoe OF success In the
| exclusion Of this species OF testimony
| This, ] understand from those ntimstcly con-
nec,ed with the de'er,e to be tie theory of the
trial held by that side. Ia this view, it would ap-
Dear that the course which things take, if not the
re.ult Of the trial, mus depend upon the rulings OF
| the Judge upon matters Of evidence.
| / fad that not few Of the statements made by
! the numerous correspondents OF al descnptl )ns,
writing to journals of all qualities, both from New
| York and Washington made upon what they call
"good authority" as osseless as the story that
Mr. Buchanan visited Mr.. Sickles injail; as unlike
the truth as rome Of the illustrations with which
the hasn weekIies have deluded their readers.
! Others are prtdic,ted upon an "if," or may
| or "pOs iby."
Mr. Sickles, so far from ha7ing determined
latter hs liberation, as the New York cOrrespon-
dent of The Sarasnah Rtprbticqn expressed ito
cue The Erenirg Post for libel, AYERS that he has
! not even read the articles touching himself ~
the same time, however, he declare, that if they
| make tie charges which, it is asserted, they do
make, he shall give the editor Of that )arhsl an OPP
poItunty OF making them go)d, or Of suffering for
their fslsity in the peritentiary He would not
bring civil action for d.m.ges for such thing
but would pref, criuin,l charge he says.
Nor is il likely that he will resign bis seat 10 Con-
ares., if scqut ed and call for The Judgment Of MS
| con,tiiueDs upon his ;onduct Ontoe con;rsry, he
no~ pIois,sss to be Of the opinion that be has done
noting requiring such course.
Nor is il true, IS was telegraphed no longer ago
| than ye,terdsy to 4 New York journal, that Mr.
Sickle. is greatly depressed in view of the dsclo-
sures likely 10 be made 5; the trial. gentleman
who his been much with him from the hrst says
that the statement is utterly f.se. And failed 10
perceive Any muhs Of depression, sng signs of aux.
ety in his appearance, although he looks somewhat
worn. He looked and talked much as he did after
| the hrst excitement was o'er.
Hi. room was quite cheerful, with . glowing
| crate on this mdest Of Spriog days, with flower
ing pants in pots, on the window Ill, prints on the
walls, books here aud there, comfortable wrtiog-
ing desk and bee, and solar lamp on table coz
cred with green base. The mating upon tae f0or