Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-23

THE MADISON PLACE MURDER.
Trial Of Daniel Z. Sickles for the killirs
Of Philip Barton Key.
CRIMINAL CouRr-T. H. cRAwroRD, ledge.

- TIE uciencc certain evidence which they
(the prOsecutiOn) proposed to Offer and which was
then being considered by the defence in consulta-
tdtion upon it.
Here Alessrs. Ould, Brady, and Graham gather
cd around the Court with books and papers in
hand, submitting to the Court, evidently, that
proposed testimony. Though little appeared to
I've said by either OF the counsel to the Court, and
TINT little In hardly above 4 whispering tone, the
attention OF the audience rivetted to that point
and great curiosity was manifested To learn pre-
els " what was going on there.
The Court ut length, without stating what the
offer Of evidence was, ruled that il was not ad-
missibe. The secrecy of the manner in which it
was offered, objected to. and decided upon, was
agreed TO by the prosecution ut the request OF the
defence. Many different surmises Were afioat in
the court room with reference To its particular
character and the reason why the defence had
asked the prosecution not to make IL public by its
discussion In open court with the saIne freedom
with which the defence had discussed evidence
offered by themselves, the question Of its ad-
instability had been disposed OF by the court
Another, and long pause In the proceedings
took place after the Court ruled this unknown
known testimony not admissible
Mr.. Carlisle said the Court having ruled out the
on|r OF testimony, there remained but two wit
n'~Ses TO be examined by the prosecution who
Were SENATOR Brodhcad and Mr. lIaldimer whose
evidence would be cumulative rs to the question
of insanity, and Ia had learned that those wit
nesScs could not be here before this evening He
proposed that the C0nrt now proceed tn the dis
CjSSIon Of an Instruction not bearing this point
Of evidence which the prosecution proposed to
ask He did this with a view not OF interrupt ny
tue course Of this prOtracted trial. bat he des red
tIlt the attachment which had been Issued Ia
those witnesses should he duly returned with tn,
witnesses themselves; and should the counsel for
The defence not think proper tO accede to this
proposition, the prosecution had only the alter
ni1vr len To ask the Court to adjourn the Court
ull tO-morrow morning. in order that tue absent
witnesses might be fOrthc oning ut that time
Mr.. Brady. I he defence will not offer any OBJ
stIele to any testimony realty hearing legally on
the cas- \ ct the trial las been protracted ia
10 seriously Inconvenience the Court. jury, couu-
81. witnesses. &c He had testimony of acrumu-
lafiye character in hand. upon the state Of Mr.
Si'kles' mind bat had abstained from Offering II
IN view of the length Of the trial.
MIR. Carlisle had not included in this offer Of
testimony matters of opinion, bnt facts; the con
verSation aud department OF the prisoner at moi Mt
Of time nearer the alleged instant of th.. killing
than any that had been offered; new facts I'm the
conversation and conduct OF the prisoner not vet
touched by the testimony.
hlr. Brady held that his canduct while going
10 give himself up at Blacks was immateria1
Mr.. Carlisle. The conversation took place at
the Attorney Generals, before that functioAary
came down stairs, and is exceedingly important
20 show the ate Of tue prisoners mind.
Mr. Brady. The desire Of the defence was sim
ply TO save time but not to defeat the reception Of
testimony Of real importance in the case
Mr.. Ould looked upon this evidence to be very
important. as II related to a point Of time on
which no evidence had as Vet been given. The
Prosecution had done all they cOuld To secure the
ATTENDANCE OK this testimony, and were in no wise
la default. The United States were as anxious TO
save :ime as the counsel on the other side Ii was
sufficient that case had been presented to the
Court which made il necessary for the prosecution
To ask this rs matter of Justice and not as favor
Another pause ensued, when
Mr.. Chiffon desired to make 4 brief suggestion
After this long and labOfiOus trial, and tile cita-
ton in the hearing of the jury Of the rulings of this
Court in previous similar cases, il had been the
purpose OF the defence TO propose to the prosecu-
tion to submit the case to the jury without argu-
ment. The defence had hoped that this propo-
sitiOn would be acceded to by the prosecution
The defence thought II that proposition should
not be aeceded to, and they We're ~ have prayers
by The prosecution and counter prayers by the de-
fence, they preferred TO have discussion on any
prayers until the evidence was all IN unless the
prosecution would first agree to 90 the jury with
out argument The defence We're willing now =,
after the thorough examination which had been
made, TO submit the whole case without another
word Of argument.
The Court. after reciting the point. decided that
under all the circumstances il would be proper to
adjourn the Court till tomorrow morning; but as
the Court thought there should be some limit To
this thing. IL did not think any further time than
that proposed by the prose- should be allowed
for tue return Of thu attachment. and therefore
Hunted the request Ia that time. beyond which
Tie Court did not thiuk il would h,. proper nor
consistent with the course OF justice 10 grant
Ould- When the ease shall be conc uded 80 far
Us the rebuttng testimony and instructions to b,
asked may be- concerned. the prosecution will
gladly submit the case to the jury without argII-
HIent. The Prosecution, however, desire that the
Court shall instruct the jury 10 what the law in
tue case IS.
chiffon. Til" defence would reserve a response
Ia thLt proposition until after the prospc ution had
'iOs-d their rrbut!lny testimony and asked and
Gryued their instructions to be- required
MIR. Brady suggested that the prOscc utun should
give the defrnoe L copy OF the Instructions they
propose ~ ask, that they mi ght De able 10 ar
que their part On the meeting of the Court to-
morning.
Mr.. Carlisl, had but an informal draft Of a sin
gle instruction. which he had submitted to his
colleague, who agreed with him as to the proprie-
" asking IL.
Mr.. stanton, offered. on the part Of the defence
10 submit the instructions they proposed Ia ask,
the prosecution on the day before they were to be
offered. If they could be prepared in time
After some little consultation brtween Messrs
Carlisle and Brady, 1t was agreed to- with the
Outstanding that in tie morning both the defence
aud prosecution to DC ready to argue the
single instruction In question.
Mr.. Carlisle. The p Os-cution desires to ask for
other instruction but the single " Lich they
hold embrace all the law of the case That il
unlrSs the defence by praying other instructions
r'nd-r 1t necessary for tie prosecution also to ask
Others la meet them.
ihis instruction IS as follows
Ii the jury b,-iieve from the whole evidence I'm
this cause. that the prisoner, the day named in
the indictment. and in the county Of Washington
aforcslId, killed the said Philip Barton Key, by
diScharsing it. against, and into the body Of him,
the s1id Philip Barton Key, pistol or pistols
loaded with .rinpowder and ball-thcreby giving
Lin mortal Wound or wOunds-and that such kill
ing the wilful and Intentional act Of the pris-
onrr-and was induced by the belief that the said
deceased lad seduced bis. the prisoners, wife and
day. or days or for any period definite or
indefinite. prior TO the day OF such killing, had
adulterOUs intercourse with the said wife;-and
that the prisoner not provoked Ia such killing
b. any assault or offer of violence then and there
made by the deceased, upon against him, then
such willfIl and Intentional killing. il found by
the Jury upon all tie facts and circumstances
given ia evidence, is murder.
But such killing cannot be found 20 have been
willul and Intentional ina the of the instruc-
tlo if IL shall have bDen proven to the satisfaction
uT the jury. upon the whole evidence aforesaid,
that the prisoner in fact insane ut the time of
sHCL killing.
special 6ailiffs Were then sworn To take charge
II The jury, and the Court then adjourned.
EIGHTEENTH DIY-SATURDAY
Ap.I 2lf-Jud.,e Crawford entered the Court
rOom at 4 few minutes past 10 o'clock. The jury
lad arrived some minutes previous and the liar
of tue Court. as well the space outside, was
pretty we'll filled up with spectators
Judge Crawford announced that he had on his
desk several letters and notes addressed To several
IL the jurors lie thought in view Of previous
experience with such letters that there should be