New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-09
TRIAL OF DANIEL E. SICKLES,
CHARGED WITH THE
MURDER OF PHILIP BARTON KEY.
THURSDAY S PROCEEDINGS.
y,<n Our epse,A Correspondent

made a very favorable impression upon any one by
the speech with which be opeoei TO the Jury
the mOst important case which he will, prob
ably, ever be reqoired 70 try. Its chef merits
were brevity and freedom from rhetorical faults.
II was direct, simple aud clear, and may be vel
described in apO,ber's words Is Z" pretty little
speech" Bat it dit not produce striking effect
upon TIE jury, pOr, jad'ce, was IL sue 'e'''ui
performance 10 a strss,u: point OF view. 1t prem
aturely hinted at the theory Of the defense,
discueed the validity, in potUt Of lsT, OF the alleged
inst fication sno kept before the Jdrors minds
that from which a. this ssge Of toe csss IT wa the
policy Of TIE prosecution 20 t1rn their attention.
Time spoVgh to sDswer the defense after their now
sieut batteries shall have been opened. Another
blup6er. similar 70 ihst committed by Mr. Dis.nct-
Attorney Hall on tie NAL o. Mfs Cuuroghan.
TIE character and Ueigot Of the testimony
about to be s6duced we're ovsrststed, several
oi,cuu ,snces being referred 70 as evncng
a deadly intent for uhicb there is, ss yet, no
title of proof. IL was DO. DAY, said MI Odl5,
ard vet Mr. Siekss wore al oSercst. Way? 10
conceal perfect arseral Of seapons, whether COO
seefed a. TO their pumber variety There was time
for bis passion to subeda DO matter What the provo
cation; but be Continued fnog after be know
that his victim un4rmed, eCd attempted to
add nu,ilation 10 murder Al the witnesses who
saw tue shooting with sogls sxoep.0n-Mt Pencle-
ton, who doe, not, a. ! understand tel story
rub.tsnt'ely differing from some o. toose
now before the Con!t-.l -ne witnesses to the
homicide bot one have been examined. And II has
not been proved that Mr. sickless arsenal consisted
Of than one pistol Zoe DerrDger was seen upon
Tie ground near the scene Of the tragedy, but by
"A I.so ~ haso reCeafed There
is not sufficient eyiceucc sns, part Of Keys person
MIR Sckies took aim n, first time, wben ever, the
httenst to mutil.e was made Aud the pom. with
respeot to the overcos so far fom being estab-
Lshed that several witnesses testified that they had
.overcOsts on when they Iau 20 the corner.
This point indeed became almost matter
of rdicule before the morning was over.
Tie witnesses disagree among Themselves as
g. tie position Of tho patos, tfe order, ehec and
number 0. sbots and Of snspposs 90 widely thai IT
will be claimed with show Of reason Oh the part
OF the defense that il ut'ely impossible TO obtain
satisfactory history Of the Transaction nom al the
etaemer, rs taken tOR ether. Ard toe accOurt which
reuteu an. who Ioppepeo TO bs king in the park
with his sife and part Of the affair bat sho has
escaped the vigilance of the Osecut'on, gives me,
ders in more or fever pscticOlNs from tina. sworn to
by any one witness to-day.
Taking all the te,tuoDy Of the Gaze and considering
it in connection WITH the demeAnOr Of the witnesses
upon the stand their opportunities of observation, and
their citations 10 another, incline % believe that
the story most favorable 20 1r Sckles is mos nearly
made out-viz: thai he fired 81 NJ Key three times,
each shot Bipg efct-tbe first time after sccostng
him the sidewalk, the second me after pushing bun
of he having e nptedto gspple with biz antagonist,
and third time Us be abouJ TO fall or was falling
in the gutter a tree behind which he
was seeking shelter; that after the third shot
the pistol was put 20 the dying mans hed, and
snspped whether once tHice, ia unccr;aio; snd
that Mr. Sickles, when touched on the arm 10y his
friends from the neiebbcIios Clu '-House, remarked
Gle has 6stonorsd my oed, or words 10 thst effect,
either once or sice in eNciteo tooe but said moth
ing else This IT, 10 my judgment the history of the
hfaf according to tue stis h OF tes mony given to-
DAY. althous or two Stoesses-not ttc nearest At
the tiue, nor the cesrsst e head-teNthed to more
fl6n three shots and 10 shot after Key lay mo-
toplsss on the ground.
Evidence as to the condition in which the pistols
were found after the homicide could not but throw
light upon the Gaze, and it viii BE- little curiou't
testimony to this point he not adduced tomorrow.
The prosecution should certainly be able TO show how
many barrels bore naiks Of having been freshly dis
cbaised.
The Distric. Attorney whose task is hard one at
bAt-is even with the aid Of MI. Carlisle IA Court and
OF Others out Of Court-far fon being match for his
astute opponents who also have the assistance OF eN-
perieuced couuselors WHO consult vita them every
evening | have already alluded TO the advantage
which the defense gained the prose IN the eN
animation of,he tale smen toe dscussor c)pcerc
irg tte qualification. Thesympahy ofthe pub
DC With the prsorer and the p1pulsr feens sgainst
distr ctops founded upon wealth OF poverty wall, #
rristake ROT, be tkilf0l'y used by Mr.. Giah.m in
epenirg for the defense ard, as occasion may oler,
during the gress of the tra, by his associates.
TODAY furnished them with fresh weapons The
iuiuu aiiiy a. il will be 10 med, OF MI Quits
optring speech: his wonierous PROMISE on be-
half of MS Witnesses aud taer lame fulhllment
will he dw,lt upon. An'tosr poiot viii be mace
Of his unwilhugness 10 let bis witnesses repeat,
as a part &C the narrative of the Transaction,
the words which Mr.. Slckles uttered to bs CIuo
House friends. The Jury will be assured thai this
evidences cese the psrt OF the pablo prosecutor
no, to obtain the truth bot to conect the accused.
Ard, certainly, whatever Mr.. Outs motives, ma
course in this Iegsrd wa, incDnsdera,e, and likely
60 dsmsge him in the eyes OF the public, - vel as OF
the Jury.
Mr. Brady, who had the exclusive charge of cross-
exsmiI ing the Witnesses ~hich he did with his usual
sLl did not neglect ths opportunity thus presented
Il making point. lie i too much for the District
Attorney AID came off first bes, 10 al encounters TO-
dsv. One comet nee wishes that the two side were
more equally msiched. But may be has'y IN comog
to this judgment soon PrrhsPs, when toe conOsel
nAa