The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-19


own case, while snch objecon could possibly apply 70
The decsraton Of the deceased He insisted that the in
bers-Damey, that the facts did not Justify the act,
or constitute legal pov0caton And that the killing was
MURDER lDregSId 70 the question oi insanity nm oonos
rnDga hitherto had besD tbai no decis stoos made by
other ties 10 the prisoner could be admitted as PROOF
insanity and that ground the evidences must necessary
~ be ruled ont What then was left ~ competent EVIL
deDce IN Iawf Nothing but thai the prisoner was WI
Dete TO The sdoeTous Intercourse bet~een deceased ana
the prisoner The last ground which this evidence
had been urged was on the ground OF It's being gr
that competent as explaining the OF tne
prisoner that deceased had vioatd bis bed The de-
carson itself part Of the gesfG, and Was receiva
BILE but the evidence Of the truth Of the declaration WAS
rot yc geHe and was not receivable AS well might the
United 10 into long evidence OF the
Of 0, MS and detail The Of making the pistol
which bad been offered in evidence 10 this case But say
the deeDce the declaration Of the prisoner shows hls mo-
tive this ought received because
planned the decia aton That raised the direct question
whether the fact Of adultery constituted legal psovoca
ton Justification and he bad sTeady shown that did
not bad been limited rather than argued the other
side that the prisoner Ut the time Of the homicide was out
defending wife from future advances OF the deceased
The law however, says that for the taking OF human life
such excuse affords justification Nothing
but an sttrppt,o commit felony can excuse the taking
Of life must be distinctly and satisfactorily shown
that the deceased at the very time attempting 10
commit felony But invitation TO adultery does not
rise even to the dignity Of respass.
TIE DECISION OF THE JUDGE.
The Judge-Fve propositions stated the basis Of
offer oprove the fact Of adultery In this CASE and that
that TACT known by the prisoner The proposition not
to introduce evidence Of adultery proper under all
any circumstances but whether under the existing state
Of the evidence already gven the defence entitled 70
adduce further evidence than they already given
the jury Is question OF competency Of evidence for
any purpose; what may be s legal eject not the nqui
ry On that the Court be called upon to give 0pu
ion before the trial terminates But Will anticipate
it, That opinion be founded all the evidence and
be properly investigated when the evidence both
sides is closed great macs Of testimony has
been received, gong 70 show the adulterous inter-
fhA fTGn hu hsNo IF thA inn
mediate peiebboihood Of the defen 1snt's house,
the exhibitions Of Observation-Disclosures did they
Have not the jury right 10 understand what they meant
By themselves they miaht be regarded weighing very
little, or as having lees influence auy parti
cula point raised The jury must pass them, and
all The evidence. Can they 90 60 without full know
ledge Of what that testimony mpOrsp At the time the
homcicc the prisoner declared that the decelsed had
dkbcncred his house, defied violated his bed for
all these have been used by the different
examined This decar alton part Of the prin
ppnes and the FIGHT Of the defendant IN ali Justice
to bave explained Jar boes has been referred
decision rendered by tbis Court. On grea. denberaoD
It 10 one from which am not disposed 10 depart Ia that
case considerable testimony having been gwen, it
proposed 10 what passed interview between
the Witness who the father OF the prisoner and the
deceased the prisoner himself in regard TO the Gu
gagensnt Of marriage. This interview, it will oh
served, was two or three months before the homicide
Here the Judge quoted bis ruling In that case aud pro
ceeded saio however that the expression Of the
prisoner here at the time Of the homcide--that
deceased bad denled bis bed-expans itself, aud that
is not susceptible OF any further calculation. Il
certainly not stronger than this of Jarboe where
prisoner asked the deceased If he was going TO mar
~ the unfortunate gir his sister, and he said no. you
see or You will see what am gong 10 do The plain
Eelhh Of that lie, 81 am not going TO- marry her" Ia
this case IL true the used by the prisoner
one tnaI might be ordinarily understood Ia particular
sense but men may have various ideas of phrsseoogy
That decaraton to be sure, in proof by toe United
States, but still there may he different construction put
upon by one man from that put upon by anster BE
that as II may In order TO insure perfect
the jury as 10 what meant by that declaration hiuk
that ground aiso the evidence admissible the Court
reservipg of course, opinion all the until in
the ordinary cour,e Of practice here that
opinion Ia ssked In the shape OF what awyers call
PRAYERS am of opinion thar the evidence n sdmissble
The silence IN the court Judge Crawford pronounced
this decision was moot painful and he closed there
perceptbe, though silent, expression Of
0TEsTIMONY OF MRS. NANCY BROWN.
Mrs. Nancy Brown was then recalled. Examined by
Mr. Ratcife-I was sufficiently acquainted with Mr.. Key
TO know him; the last time him on the wednes
day Oervc no shot, whoa won't into the house
Fifteenth street; him take key Of his pocket
unlock the door and 60 in he In about an hour
acquaiI ted with Mrs. Sckes, saw her 40 back.
ward and forward often saw her 60 in and then out The
back way he would to the back gate and let her
and then he would CO ne out of the front door.
Queehop-How long were they In the houseS
AnsweT-A60vt an hour.
Queslion-How did you know that IL was Mrs. Sckles9
Anewer-I DQuiIed at different times; / saw Mrs.
present. she was the Lady had seen 60 into the
brick house.
Quest,on-Bow often had you before that wednesday
Apswer-I him 60 in three times before, when he
took the key from his pocket and unlocked the door:
Mrs. Sickies go with him and have hold OF bis arm,
except the Wednesday before Mr.. Key was killed.
Q-what time elapsed between these three times you
cav them 60 into that boufe9
A. About a week; saw them 90 In three times within
three weeks Key came 10 door In October he rode
up be stepped on the porch and asked me whether tho
house occupied; said no; be asked me Who the
house belonged TO- told him to q coored mau named
John Gray and he lived somewhere Capitol Hi and
that the color ed people could give him all the nformaon
be about three after that and tied his
to my tree; asked him whether he did not know that
that was against lasy QLauehter)
Mr.. Oud-I suppose thAti s no, evidence.
W.Dess-I asked him not TO tie his horse there again.
Mr.. Oud-rhats lot evidence. Sop, Mrs. Brown
Wtpess-1 vas only telling you what 1t he said
won't there any more; he said rented this house
for friend Of mine, and ant TO how II Ia situated
don't know whether be said 1t for member Sena-
tor: he then united his horse and went away;
spoke 10 HIM any more.
@ Did you notice any thing Mr. Key had with hinol
A. noticed, on that Wednesday, he had on a shaw
when he went in; it was bs left arm but hadn't
when he out; this the Wednesday before he
shot; when he first cane to the house, laughed
when eaw the smoke come out OF the chimney he
went down the yard and got wood 10 make fire;
white string tied tn the up stairs shutters that when
the wind bowed, IL would swing.
@ Have you seen the shawl SINGER
A. saw the shawl, but, you know, there many
alike, don't like TO swear to this
Mr. Ratchae 10 oflcer)-r Mr.. Mann to bring the
wiinss--I don't want to tell lie. "a shawl was pro.
Witness (exsmiping)-This looks like IT. he had IL
fol led up his left arm.
How was Mrs. s. dressedp
A.-sbe bsa n little small plaid silk dress which she
open, and she had black ragan-a cloak, you
know call -frineed with buges aod black velvet
shawl, with lace and saw her Ia a brown Dress like
travelling dress, the Wednesday she 10 and out the
back way; In entering the bouee the back way-it
where they put the wood-he mud that depth -four
or five nches) the alley not paved.
Q.-What was the state Of the weather.
Alt was always fair when seen them.
Mr.. ould-Tbsts not evidence.
Mr.. Brady-You cay Mr. Key told you he hired the
house for Senator or member Did any bouy occupy
except Mr.. Key and the ladyY
A-Never saw anybody go in but themselves; am
sure did not
To Counsel for defenceSaw them go up and turn back
they two policemen standing down street; they
were at the gate was at my gate; they went up FIJI
tenth street q: far as could see them.
Mr.. Stanton requested that the prisoner might retire
during this examination To this the prosecution said
they bad no objection.
Mr.. sckles accordingly retired accompanied by of,
GER
Jarn, xho,s,o ..,-t 49,