Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-18

pfOtfttiOn the
would any man have the right to assault and slay
hlin and allege as excuse that he was not if the
peace OF the United States, When this handker-
chief was introduced into the testimony, II was
net 10 show anything in connection with the
adultery. but was taken i'm connection with the
homicide which occurred few moments sutse-
9uently. There had been no evidence at all Us to
the waving of the handkerchief with respect to
the question of adultery. To the utmost il
amounted to but a suspicion This evidence pro-
posed to be offered was not to continue evidence
already before The court and jury as to the adulte
~ Dut was entirely new matter upon a new and
clstlnct branch of the pending issue.
RAJ ny jury was creation of the common law.
w hen the law gave criminal the right of trial
oy Jary, II gave him the right to trial under the
common law, and according to its course In this
way was the prisoner here to be tried and on no
other course. 1t was alleged by the defence that
the case now presented was analogous to that OF
JarbOe
\ fter the shooting Of Mr. Key, the prisoner had
used the expression s. lie has defiled or violated
In the case of Jarboe did the expressions of the
deceased present any such state of facts, The
answer was in reply to the question of the prs-
one1, w ha' do you intend to do, or do you in
what I'll do" There was also another distinc-
ton In the case of Jarboe. There the expression
came both from the prisoner and the deceased
In this case no expression made use Of by the
deceased. The law should look with extreme
carefGlness to any expressions manufactured for
the occasion. The expressions of the prisoner in
selves as though the Court sit here for DAYS
ana Weeks and months to listen to such testimony
as was now offered on the part of the counsel for
the defendant.
tons by other parties to the prisoner ct the bar
constitutes sufficient ground to show insanity
What then was left! SimPlythe evidences of the
aduterOus intercourse which the prisoner AZ the bar
saw himself. Did this evidence of the adultery
come up to the proof required by the law, II lad
already been held by the court that such evidence
was insufficient to produce such result The
ground OF this evidence being a part of the res
geStd, had already been answered The expres-
siOns of the prisoner ut the bar made at the time
OF the murder, had been admitted, because they
Were part OF the res COSTA. The pistol was al
lowed to 60 in as evidence, for the same reason;
but would it be competent to go into the question
oil the manufacture of firearms because this pistol
was Of itself part of the res costa
The defence contend that the expression made
at the time of the murder showed the motive IT
was sufficient to state that the law was perfectly
plain upon the question of excuse for the murder
on the ground that by the act of murder the nus
band was but simply protecting himself from the
future advances of the aduiterer towards his wife
MIR. Ould closed mis- remarks at IL O'Clock
The Cont decided that twas question Of COM
potency OF the evidence for any purpose This
was not point to be decided here but after the
evidence was all adduced. The declaration of the
prisoner at the time of the murder it proper To
have explained. Ii was due to the prisoner as well
yht for the jury that this expression should be
explained. 1t was one which ordinarily would
have but one meaning. but still it might De- differ
emily understood by the jury The court was of
the opinion that il was admissible
During the delivery OF the courts opinion the
most profound silence was maintained in the
court.
Mrs. Brown was then recalled to the stand by
Mr.. Radcliffe.
TESTIMONY OF MRS. BROWN
She was acquainted with Mr.. hey enough to
know him when she saw him. Saw him on the
Wednesday before hc shot. and he entered
John Grly's house-be came out in about an hour
Knew Mrs. Sickles. Saw her 20 in the back way
and when she went out Mr.. Key let her out the
back gate, and then came out the front door him
self. They We're here this time about an hour
Witness knew 1t was Mrs. Sckles because she
afterwards saw her at her own house. Saw Key
90 IN three times before. Had also seen her 90
with him and have hold of his arm and 90 in
with him three times before the last time. They
went once 4 week.
Had seen Key come there in October and asked
witness if Greys house was occupied Witness
told Linn all she knew about the house; and in
three weeks after that he came and hitched his
horse at witness tree and witness told him il was
against the law. Key said il was not but he said
he would not hitch his horse again as he had
rented the house for Senator, and was going to
see how they got on The last time lac went to the
house he had shawl on his arm, and when he
left he had not the shawl. Saw Il white string
tied Oh the blind up stairs Saw him 90 out for
wood and make fire. Would not swear to the
shawl if she should see it, for there SO many
shawls alike. Here d shawl WAS handed To wit
ness, which she thought was like the one she saw
Key have
out Of the house. Mrs. =. had small plaid silk
dress which she wore; also black rayian with
silk fringe and bugits: also 4 brown travelling
dress. On the "Wednesday she had a brown
dress and black raglan There Is a back gate
which is unloC ked from the inside and the alley
leading to il is not paved. There white peo-
pie living in the rear Of the place but in the alley
none but cOlored people live. II is very wet and
mnddy all about there. 1t was fair weather when
witness them. No other persons ever Occu-
pied the house after Mr. Key told witness that he
had rented il that witness knows. Once they
| came towards the house, and Seeing two police
men on X street they turned about and went way
up the street ont OF sight.
MIR. Stanton here asked that the prisoner mic bit
be allowed 10 retire While this witness giving
her testimony. No objection being made Mr.
SicklcS was taken 10 the Alarshals office
Didn't see them return again that day. OF course
they would not do so after they had been skeered
so as 10 run away daughter
Judge Crawford. ''lou must not give your
opinion
Mrs. Brown ''Well think il il a pretty good
opinion"
Cross-examinod by Ould Lives next door to
Gr1ys house but one, second door north of the
house. There are only three houses Oh this side
of the street, between Il and l.. Mr.. Edwards
lives at the corner of l.. Only cOlored family
live on this side On the opposite side MIR. Stew
ard (white) and three cOored families live. There
Is AN alley that leads into street There is
house each side of it in which coored people re-
side. Witness saw Mrs. :. about three weeks
after key rented the house This was the first
time witness saw her. She came with Mr.. Key
1t was the last % November when witness had the
conversation with Key about hitching his horse at
her tree. Observed Mrs :. particularly. Wit
ness made inquiry Of different people and they
all told witness that it was Mrs Sickles. " illness
afterwards saw Mrs. SiCkles at her house
Question. ''iiow came YOU to 90 to her
hOusel'
Mrs. Brown. ''Well, had occasion to-
Question ''Well, Mrs. Brown. what the
OCCASION
Mrs Brown. .'Mrs. Sickles sent for ME to 90
and identify whether she the same woman
witness had seen 20 in there"
Witness saw her 90 ia the house three times,
the front way and the back way the last time
Witness was looking out her back window, and
saw her coming up, and Mr.. Key Went to the gate
and let her in. She had a black bonnet. and
she had on no Veil At any time when witness wv
her. Was standing 1t her gate and she passed by
and looked witness in the face each time she came
to the house. Each of those times she was with
Mr.. Kew.
The two police Were coming up from VI street
To h. When hey ard Mrs. sicklcs saw the police
they started right Oft up the street. If they hadn't
seen the police they wouldn't have gone of
twan't likely they would come back again after
that, and witness didn't watch for them
The Court here cautioned Mrs Brown against
giving her opinions.
Mr.. Seeley lives back Of this honse. near tie