The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-21

would take this opportunity to say, in behalf of his
CLIENT that any publicity which that paper has
found anywhere, is not owing to the wish of his
client, but was entirely against his wishes He had
no censure to cast upon any in reference to that
matter, but any paper offered in cause and excep-
Veo 10, became part of the record. Reserving the
right TO examine Mr.. McElhone as to the adver-
usement in the States, the defence would here
rest their case.
Mr. ould said in relation to the publication of the
confession, the prosecution had nothing to do with
it, either directly or indirectly.
MT. BRADY dlsclaimed any idea that they had
The Court would grant time for conference. as it
was but proper. " -
Mr.. Graham said this offer ought to have been
made when the Court ruled that evidence upon the
subject of adultery might be introduced; that now
the offer embarrassed them Just as much as the OBJ
lection did in the first place, because they had dis
banded their witnesses and scattered them to the
four winds of heaven
Mr.. Ould contended that they had made the offer
at the proper moment.
The United States then introduced rebutting tes-
timony.
George II. Pendleton, called.-Is brother-in-Iaw
OF Mr.. Key; examined the house in 18th street
on the Monday succeeding the week after Mr.. Kew
was killed, in company with Mr. Jones; met John
Gray near the house and went there with him. in
consequence OF conversation between John Gray
and negro woman, which induced them to sup
pose something had taken place there it was sup
posed they could get in the back way; finding that
they could not get in thus, locksmith was sent
Tor TO open the door; they were joined in the yard
by two gentlemen who have here testified: the
lockSmlth came and tried door witness supposes
to be at the back of the entry; thinks there is
back door leading from the passage directly into
the yard: the locksmith went to the door leading
INTO the Kitchen and opened it, saying that it had
not been locked they all went into the lower por-
| ton of the house, looked around about five min
utes, and went up stairs; Mr.. Jones went with
him; remained there few minutes and then
came down together, and the frCnt door was then
! open; gave John Gray half a dollar to paw the
locksmith; left the house, and have never seen the
| mouse since; never gave a direction or made z
| suggestion, either to John Gray or ANYBODY else
to take the lock off at that time or any other did
not observe the taking off of any lock; if it was
taken OH while witness in the house. it was not
within his knowledge; several articles, said to be-
long to the deceased, were given to witness; on the
afternoon OF the day he was killed, received from
! John A. Smith some articles said to have been ia
| Ken from the person clothes of the deceased:
these are not the articles sent by DR.. Miller; on
the night after KEYS DEATH about dusk racaivad q
| package OF articles from John A. Smith being the
case OF an operas lass, two brass KEYS, some KEYS
on ring little pocket-book, containing fourteen
dollars and some cents and pair OF kid gloves;
witness retained the articles until he left WASHING
| ington, about two weeks afterwards, and de-
| livered the articles to Mr.. Smith which have been
| produced on the trial. retaining the pocket
book and money and the small keys, which were
| handed to Mr. Maury, Mr.. KEYS administrator:
also received package OF papers sent by DR.. Mil
! Ter, which came through Dr. Stone; do not remem-
| Der there being more than one paper; do not re-
| uethoer tHere DelnR any cards card-caSe that
package; the paper IS in witness keeping, and is in
this city; was left here when witness went home to
Cincinnati in the care of gentleman, Mr.. Charles
Howard, of Baltimore; 1.-THE paper was produced
together with the cards of Drs. Miller and Stone;l
| the paper is the same transmitted from Dr. Miller:
the envelope also contains some cards and scraps Of
| paper; witness supposes these are the ones sent
from Dr. Miller, but has recollection on the sub
Ject; cannot state anything positively about that
Cross-examined by Mr. Bradv.-Haye been very
much panied by the death of Mr.. Key; no person
suggested the visit to the house in Fifteenth street.
ar. Jones went at witness request as friend of
the family; had seen the house on Sunday before
going on Monday; took nothing away from the
house; found no written agreement about the house;
nave no knowledge whether Gray was paid the
rent except from what Gray said about it. rIs
shown piece of paper containing a signature and
| part of letter, the remainder being torn off
Remembers having this before since | have
been In Washington; all these papers, received
from DR.. Stone, delivered to Mr. Howard;
believe nothing was lost but cannot swear to it.
The papers were here shown to Mr.. Sickles, and
his counsel consulted with him.
Mr.. Brady said Mr.. Sickles desired that these
cards should not be introduced into the case This
letter IN cypher they desired to have preserved,
and also the fragment of letter. until they could
determine whether they had anything to do with
the case.
Witness continued-The fact of these papers was
communicated to Mr.. Carlisle very soon after they
were received; something has been said about the
suppression OF evidence, and he desired this oc-
caslon to repeat, IN the most positive and circum-
stantia manner, his statement that he never made
any lntlmatlon or suggestion in reference to the
moval of that lock, or knew that it had been re-
moved until | heard it here in Court and that anv
charge of such suppression by my participation.
knowledge or consent, is entirely, utterly and in
famously false.
BY Mr.. Brady.-Have no knowledge of any paw
| ments being made for that house, for rent or any
other purposes never knew till after KEYS death
that he was in any way connected with that house
Charles Lee Jones, called.-Accompanied Mr.
Pendeton to the house in Fifteenth street, found
the front door locked; when they were in the ward
two men came rushing in and commenced a CONVEX
satlon with Cray Gray tried all the doors; we saw
on one OF the window shutters evidences that the
mouse mad been opened; witness suggested that the
house be broken open; Pendeton thought it better
and more dgnified to enter the house By the aid of
locksmith; the locksmith came and went to a door
entering the main building, and then to the door
Leading to the pantry or kitchen; witnessed invited
those two men who were in the yard to come into
the house; went up stairs and looked all around;
found no property of Keys in the house; we walked
out OF the front door, and after leaving the house
had conversation with Gray, but nothing about
the lock being taken off; heard Mr. Pendeton give
no orders to have the lock taken Oft did not see il
taken OF, and had nothing to do with it.
Cross-examined by Mr.. Brady-Is member OF
the bar
Question.-"Have you assisted the prosecution III
this case?"
Witness hesitated little, and said be had not
acted as assistant counsel ANYTHING of that sort
Mr.. Brady repeated the question, and wanted a
categorical answer.
Witness.-I don't know that what have done
amounts to assistance handed Mr.. Carlisle two
or three authorities, upon which he said, ~ am
aware of the cases" As to hunting up evidence
or anything of that kind, have not done it, and
have not ability to do it.
Mr.. Brady.-"Now, as to furnishing Mr.. Carlisle
with authorities, that certainly is a work of SUI
pererogation. Have you taken an interest in this
prosecution"
Witness. -"The very deepest-and l will tell you
what that interest is"
Mr.; Brady.-"0h no; l do not care about know
ing"
Mr.. Carlisle.-"You were a very intimate friend
of Key's?"
Witness.-"Yes, sir, was; from his earliest youth
to the hour of his DEATH
Mr.. Brady.-"I am not going to make any obiec-
ton to any mans standing by the memory of bis
friend so long as he deserves to be respected That
| is all, SIR"
The examination of this witness having been con-
cluded, and the usual hour of adjournment having
arrived, the prisoner was remanded and the court
adjourned.
| Ercu