The daily press. (Cincinnati [Ohio) 1859-1859, 1859-04-19

was necessary tOelucluatelt the facts themselves
carried no further imPyeSsio9s ,,te;4be. hnman
mind than the EXPRESSION ?itteif, does. His
Honor, in Herbert's case, drew a. Iiikiinctioh bel
tween the declaration made by the deceased
and those made by the prisoner. otiefwisesa
party might manufacture testimony in his own
case, while no such objection could possibly
apply to the declaration of the deceased. He
insisted that the instructions Of the Court in
Jarboe's case applied to this case here, namely:
that the facts did not justify the act or con-
stituted legal provocation, and that the kill
ing was murder. The last ground on which
this evidence had been urged was on the ground
OF its being res gestde; that it was competent as
explaining the declaration of the prisoner, that
the deceased had violated his bed. The declar-
alton itself was part of the res gestue and was
receivable, but the evidence of the truth Of the
declaration was not res gestde, and was not re-
ceivable. The Judge accordingly delivered
the opinion, declaring the evidence admissible.
Mrs. Nancy Brown recalled and examined
by Mr.. Ratcliffe-I was sufficiently acquainted
with the deceased (Mr. Key) to know him.
The last time 1 saw him was on Wednesday
before he was shot, when he went into the house
on Fifteenth street. l saw him take key out
of his pocket and unlock the door and 20 in
He came out in about an hour afterward.
am acquainted with Mrs. Sickles; saw him 20
backward and forward, and afterward saw her
60 in and then come out the back way; he would
come out Of the front door.
Q.-How long were they in the houseP
A.-About On hour.
Q.-How did you know it was Mrs. SicklesP
Al inquired at different times; saw Mrs.
Sickles at her house after that, when other
persons were present; she was the lady had
seen go into the brick house. st
Q.-How often had you, before that Wedues
day. seen her 90 into that housa9
Al saw him go in three times before, when
he unlocked the door and took the key from
his pocket; saw Mrs. Sickles go with him and
have hold Of his arm.
Q.-What time elapsed between these three
times you saw them go into the house2
About week; saw them go in three
times within three weeks; Mr.. Key came up to
my door in October; he rode up; he stopped on
tho porch and asked me whether the house was
occupied; said no; he asked me who the house
belonged to; told him to a colored man named
John Gray, and he lived somewhere on Capitol
hill, and that the colored people could give
him'al the information.
Mr.. Brady showed the lock of the door of
the assignation- house to the jury, which was
fitted by one Of the keys found in the pockets
of the deceased.
Policeman Mann sworn-I have been in the
house No. 3S3 Fifteenth street. l was in it
on the Monday following Mr.. Keys DEATH
Lawyers Magruder and Ratcliffe were with me;
found there shawl, pair of gloves, cane
and some cigarettes; found the shawl on the
bed in the front room, (the witness here iden-
titled the shawl produced in Court as the one
found in the room,) there were two rooms in
the second story; l saw bed and bedding in
the back room; also bureau, washstand and
some soiled towels; the bed was not made; the
bed in the front room was not made; got into
the house by the back way, through the win
dow; Mr.. Radcliffe and Mr.. Magruder went
in at the front door; 1 opened it with the side
door key; colored man raised the window;
left the house the way 1 came.
Daniel Ratcliffe, one of the counsel for the
defense, stated: :: Knowing the necessity of
ascertaining the truth, Mr.. Magruder and my
self resolved to 60 to the house in Fifteenth
street; L got man to go along; policeman
Mann was also selected to accompany MS; we
found the bed in confusion, and a shawl on il
which we thought belonged to Key; saw some
cigarettes, a comb, and a pair of gloves; Mr..
Mann took them all.
John NJ. Seeley recalled-My attention was
first called to the visits of Key and Mrs
Sickles to the house some time last January; ]
have seen them there many times; I did mo-
notice a shawl ON him; the first time / saw
them, Key unlocked the door and let Mrs
Sickles in; they walked there; the door wal
shut after they got in, seeing that watched
them; this was on Saturday, Feb. 18th, say a
about one O'Clock; they passed before me; they
went to the door, unlocked it and went in
| Mrs. Sickles threw up her vail and looked a
me; had known Key for a long time; I saw
them afterward come out, but separately, will
| an interval of five minutes; Key passed dowI
the street and she went toward her home, il
an opposite direction; next saw them OF
| Sunday, Feb. goth, about one o'clock; Key
went alone to the front door; there was II,
lady with him; l went into my house AM
looked out of the window; saw Mrs. Sickle
come along the alley and go in the back way
Key met her in the yard; they went in,
am certain, and remained there some time
Mrs. Sickles went out the back way, as sh,
had gone in; did not see Key go out; Wednes
day, February 23d, was the last time; cav
Mrs. Sickles then go in the back gate, abou
three O'Clock in the afternoon; did not see
Key at all that day; Ihever saw any visitor,
ut the house except Key and Mrs. Sickles;
went and saw Mrs. Sickles about eight day.
after the death of Key, and identified her as
| the person had seen go to the house.
To Mr.. Ould-I had seen Mrs. Sickles at
| times in other sections of the city, and knew
her general appearance, her dress and hei
figure; the walking about the house was often
extremely muddy.
| A1Ao' SSSASyJ "iAO Va bhO PiO'AouS "AhhOoob Uos
called and corroborated his statements-Mrs
Sickles appeared excited at the time saw her
on Wednesday; saw no one enter the house
except Mr.. Key and Mrs. Sickles; told Mr.
Hart wanted to see Mrs. Sickles when I saw
her, asked her if she was not the same person
had seen on the Wednesday previous in the
alley; she said she was; Mrs. Sickles recognized
| my daughter, and asked her if she wasn't look.
| ing out of the window in the alley at her OF
| Wednesday.
Hon. John B. Haskin sworn-I visited Mrs
Sickles, in April, 1858, at her own house; Mr.
Sickles had asked me to see if Mrs. Sicklel
wanted any thing while he was gone; called
abruptly, as was going to Georgetown Will
my family; rushed in without knocking, an,
saw Key and Mrs. Sickles seated in the librar
at round table with bowl Of salid and som
wine; they were eating and drinking.
apologized for my abrupt entrance and wen
out soon afterward; Mrs. Sckles was flushed
Mrs. Haskin said TO me, Mrs. Sickles is ba
| woman.
| The Court here adjourned till to morrow,