New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-21
vbish ne did ard then she erdered cs 70 pa.

o. rhat was the last tine you saw Mr.. Key
H,.bess-That was the last time for the present.
saw BIN that night at Wizards.
@. That sofa IN the back psror, when nsd yoa 80,
,osd It's position before Mr.. Keys deeease-the iast
Witpes,-There was dinner party there that Thurs
Say night; noticed particularly tsst hrs Cisyson
Was attpg on it, l cannot TecOeot the other lshleS
who were FITTING on it. Describes the poshon oil the
sofa in reference 70 the piano. ...,-L;oh :. :.
Q. Was the sofa in the same position IN "nicn " ]"
w;,,ss.-I NAV he . little "slopeder" nov.
Ta NJ Onld-- Tbs sofa was at an angle 10 the back
NJ. Oud-Sons way in this position illustrating
vnh knife across an enveIoPel ,f.. , ,han 7
WItness-Yes Sir; it vas about nal,pset Nnen
o. Nj Kew out Of the carnage that Thursday alter
M Brady now addressed the Court for the purpose
Of snDosse g that the deiehse hsn ,b., tho
Distr,ct. Attoney-Hsying been Dotned toat Tue
ssfs,se Il eopg 10 close feel II proper 10 make Lnls
,taaemept Waen, at certain stsge OF TINS liza,
r.In piece Of evidence wss offered the United otaes
81 Il Incumbent on them TO object. That objection
.ss made ard sustained. The reason why the ooJec-
ton vss made because in the view 81 the pfoee-
cation all evidence relating to any sdoterous lhter-
sourse between the deceased and the wife OF the sc
e.sed was entirely incompetent. Your Honor mss SAD
.ssnepte rujed that in certain aspects Of the case ev
dsDoe showing this sduterouB intercourse ooud De In
tredsced. That evidence has been INTRODUCED
now state in frsnkness to the gentlemen on toe other
~
Al the evidence having been given with respect 70
fbis sdulterous intercourse, the United States row
waive all objection 10 the introduction OF any eVaence
which the gentlemen may have tending TO the deVei'
epment or proof OF this GdulterOus interc0urssi
and they particularly waive all objection to the intro
aue,cp OF the testimony offered on toe part OF tDe de-
fense the other day in relation 10 toe confession OF rS
Sckks We waive objection TO all evidence relatlns
70 that point to which legal objection mas been mere
tofore taken on the part OF the United States.
Mr. Brsdy-I am not prep sred 10 make any specinc
apsv er 70 that deliberate and prepared suggestion OF
the prosecution founded on reasons which, Ia their
consultation, they undoubtedly esteemed TO be sui
Rciept for presume such thing was not done with
eut careful consultation; nor do think mat AZ THIS
stage Of the case after havog encountered ID every
step progressively species OF objection Whcn Tue
Sbsrpest and most cultivated leg nelscts could pre-
rent against what honestly esteemed TO be reyeant
proof We called upon by any consideration OF duty
10 the Court TO our client, VI 70 the proeecunOo 70
accept any proposition which the prosecution make.
Nevertheless will initiate the example We are tOld
prevailed with some of the abOrsines Of the country
whenever propositions made IN the spirit OF peace,
never to give answer Immediately but % take time
"a give the proposition the sembsnce al east OF belng
considered. / will confer with my associates But
snce the learned gentleman hss referred particularly
70 this paper called confession winch seems 70 De the
prominent subject on his mind az this moment, Jake
tbis occasion to say what think IA due to my chent
that any publicity which that paper mas found any
where Is not in the slightest degree attributable TO
him. but was in direct opposition TO hs expressed ana
consistent wish, as knOw. have no censure 70 ap-
ply To any party person In relation 10 the puocs-
tsn OF thai paper. i have my own private opinion
A. 10 whether ts public stOo proper or not but
know that my client, neither directly or indirectly
had the slightest connection with 1t, and know tnSt
he regretted il was published. At the came time we
AL understand that paper offered during the uia OF
. cause which becomes a subject OF discussion, ana
Oh which the Court makes ruling, TO wnich ralng
exception lie taken, becomes part OF the record.
ssb your HOncrs pardon for making that htte STATE
L.. Of rngff 100 md ~
pretty to make IT, AS TO the proposition of my learned
spponeDts it shall be considered, and at the proper
tme-perhsps at the opening of the Court tomorrow
an tnsweI will be given. Mr.. stanton 10 not 10
Court now and il s incOnvenient 70 enter INTO con
ference at this time Reserving the right 10 prove the
advertisement published in The States, We now rest
Judge-Am 10 understand inst an answer is to De
given to morning, and tina. time wanted Tor
conference
Jedge-I think that, under all the circumstances,
that 10 reasonable enough.
Mr. Ould-There is no sort of objection. L merely
rise row for the purpose OF making snge TN
10 put the prosecution in proper P0sltion. ING
gentleman has said, and no doubt salu 80 conscon
tOssy that the defense believed the testimony oneIe
by them was competent and proper. nave no uoHos
thew thought TO- The United States, on the other
hand eaim for themselves the right TO say inst tner
yiess of law wereto the contrary; and that IN the
honest administration Of justice, they presented such
objections they thought the law made 70 .ne lecsp
tlemsslves simply to statement of such objections
as the Law alone suggested The opinion OF the Court
seams To have been adverse TO views presented by the
Limited States portion of the evidence having been
thns introduced, Ifet it due, standing here as public
proeecutOr and purely in that view alone, to make
his tender to the gentlemen the other side With
yespeet TO the other matter as to the pubhcah0n OF
this confession beg leave to state on the part OF the
United States that not responsible for lis pub
boation in any seuse form or shape. We had nothing
~ do with IT, directly or indirectly.
Mr.. Brady-TheIe ID no pTetense that you had.
Mr.. Ould-The paper never in our possession
.so4pt for single moment felt il due TO the pros
ecuton that tbis statement should De inside;
Judge-I time for the conference s desired, the
Court will grant it, ofcourse.
Mr.. Brady-We do not propose that the Court SHAH
adjourn 10 give us time for the conference. The pros
ecution may 20 on with their proof.
Mr.. GrshGm-After your Honor decided that tbs
proof Of adultery was admissible, the prosecutor
should have made this offer, and not after - haC
6isbanded witnesses aud cent them to tHe fou
winds Of Heaven The effect Of this offer ia to sm
sarrass the defense, just as much rs tue objection
that led to the exclusion OF the testimony.
Mr.. Ould-It is certainly not so intended.
Mr.. GrahAnl-W neither intended in thst spirit or not
do not know. II the prosecution had come IN OF
Monday, when his Honor decided the subject OF adu
terry invalid, and then said, I'VE swing the door
open a. wide 81 you vaut-enter with all your Wit
Iesses" then, indeed il would be proper; but vi
cannot pass on it now without opportunity for cor
bGence.
Mr.. ould-The United States supposed this was tn,
appropriate and the only appropriate time 70 make
this tender. The time was selected purposey, mas
much as any other time, even that Indicated by th
gentleman, would have been msnifestly inappropriate
Mr.. Grshan-We think the oaght TO proceed
Mr.. Brsdy-The prosecution msy 20 on aud exam
NE witnesses. There 10 one point which thipl
We al sgTee-thst this is pretty long tria and tha
the sooner il is brought to an end the better.
District Attorney-Nery well. II the gentlemen d.
Rot want to adjourn can go on with our testimony
JUDGE understand, then, that the prosecution pro
coed with rebatting evidence, reserving the night OF
The part of the defense 70 embrace the offer made
Mr.. Carhse-lt is not intended asa continuing offer
but which must be accepted or rejected 10 morrow