The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-15


discharge his duty public prosecutor and he in
tended to do it. He should speak what he thought,
without being deferred by fears from any quarter.
He would not call murder, gentleness nor malice,
good feeling.
MIR. Stanton replied with great warmth He
would leave it for the Court and the audience to
decide who right and who was wrong. In ref
erence to Mr.. Uuld he said: 81 have not the honor
of his acquaintance, and after what has occurred,
do not desire his acquaintance
lGreat confusion and applause in Court so much
so that the remarks of the speaker were naudibe
a minute two
''He did not intend to go aside from the duty which
called him here to protect his friend from being
Indignantly hunted down and dragged to the foot
of the gallows. He should not go to any other
issue. know my duty too well to heed or hear
his observations. | scorn Them
Mr.. Carlisle responded and said he would con-
tine himself to the legal question. The fact of in
sanity was to be determined by evidence to that
fact, and not evidence to the which might
in some cases produce that fact but which in other
cases would not produce it. In Days case the
Court had not laid down the ruling claimed by the
| defence, as insisted on by that side.
Here Mr.. G. quoted from the records of that trial
| to sustain his position. The declaration of the
| prisoner could not lawfully be confounded with
those of any one else. In cases of insanity the de-
| carations and acts of the alleged insane only could
| be weighed 1t was whether he spoke and acted
as a unatic alone that could be weighed In DAVIS
case the Court was not urged to look into the con-
| ditiOn of the prisoners mind by the declarations
|
| the birth of child in three months after the mar
riage and the fact of his being in state of melan
| choly, verging on madness. The Court allowed the
prisoner in that only to prove what he had said
| on the subject of his melancholy.
On the second trial there did not appear to be any
question as to the admissbiliv of evidence
ing the insanity. The case therefore, has bear
ing on the case now under trial. 1t has been said
that the substance of the communication offered as
| testimony was, that his wife was an adultress and
! the deceased her paramour. That did not prove
| nnr uvaa cl-adt ~
mony as proof of the adultery. Whatever it was
that the witness poured into the of the prisoner
| is OF no Importance Its effect on the prisoner,
however, was of Importance. The prosecution had
not lnterfered to prevent the counsel the other
side from painting, through the mouths of excited
witnesses extravagant representations of the state
of the prisoner after the homicide. He referred to
| the evidence of Mr.. Walker contradicted in that
particular by both Miss Duffy and the witness now
being examined.
He concurred with the District Attorney in re-
garding this testimony as entirely nadmissible,
| and no authority had been adduced in support of
| it. The only objection that had been made to the
case given in lredel was, that it was law for slaves
| and not for freemen. He knew not what might be
the feeling IN the region from which the gentleman
came; but in this community there was no differ
ence between the rights of freemen and slaves ex-
cept made by the local laws regulating slavery
The law protected all classes, both black and white
The case given In lredell was upon the prin-
| ciples which govern white people, and the Court
assumed that the negro woman was the wife of the
prisoner, although slaves cannot enter into civil
| contract of marriage. North Carolina was not so
fast State as New York; but her bench has always
been one OF signal ability, and their decisions have
an old-fashoned soundness abOutshem which, he
confessed, he liked. The question not whether
the prisoner ought to have been insane, but wheth-
er he was in fact insane, and as he had before ar
| gued, the communication now offered in evidence
was not to that point
Mr.. Stanton said his father was a North Carroll
nlan, and his mother was a Virpinian and he hoped
| would ttad in of
this case; he should leave his efforts here in behalf
of his Client proud legacy to his children.
The Court said these Interruptions were very ir-
| regular and could not be permitted.
Mr.. Carlisle would not take notice of them
enough to reply to them. He would let them go
for what they were worth.
The Court ruled that this evidence was not ad-
missible as link in the chain of evidence to prove
insanity. Tne jury might consider this in reference
to the fact of insanity, if that should be proved
but this could not be received as a cause which
might tend to produce insanity.
Mr.. Stanton desired to note an exception to the
ruling.
Mr.. Brady then asked ie he could be allowed to
to prove that this witness had communicated to
MIR. Sickles on Thursday, Feb. q, that Mr. Key
had gone with Mrs. S. to 4 house in 18th street,
hired by Key for the purpose of committing adul-
terry with her; that Mr.. Sickles having investigated
this charge, found that she had not been there on
Thursday; and that it was the revelation of Wool
ridge that she had been there Wednesday in
stead of Thursday, which produced this state of
mind in Mr.. Sickles.
The decision of this question was reserved until
the examination of other witnesses. Mr.. Wool
ridge retired to be recalled at another time.
John Cuyler called. d.-Resides in Washington;
knew Mr.. Key; had known him three or four years;
did not see him the day of his decease; saw him
in the vicinity of Sckles' house the week before
his death; often him there.
Mr. Brady.-"What did you see him do ?'
Mr. Carlisle.-"We object to this; it was a week
before the time of the killing
"The Court admitted the question 1t was too late
to shut the door now.'
| Witness.-Saw him come down towards Mr.
Sckles house; he came to the statue in the centre
OF the square, and sat down and rested his head
his hand, and waived handkerchief over his head
and every now and then he would keep peeping
and looking at Sickes house; witness went to the
other side of the statue and watched him; there
were no dogs around there then; had seen him
there frequently before; had him lettering
around there about two months; this was generally
about twelve or one o'clock, as witness went home
to his dinner and back
Cross-examined by Mr. Ould-It was white
s pocket hanckerchief was then at work on Seven
teenth street, below the War Departments generally
went home through the square when at work in
that part of the city, lives at the corner of 4th and
l. Streets could not tell how often saw him; this
E was about the middle of the week before Key was
killed; had seen him there off and on for two
1 months; generally him around the square,
sometimes on 18th street and sometimes high VI
as Is street, and sometimes by the clubhouse.
[ BY Mr. Carlisle.-Sometmes this would be be
= walking in the square and sometimes outside, OF
the avenue, or near st. Johns church; am plas
terer.
n Jeremiah Boyd, called.-Knew Key for four Of
five years; saw him the day of his decease, abou
hatpast ten in the morning; passed witness at thu
= treasury buildings and went into the club b-house;
f witness returned from church. saw Key on the side
v walk by the clubhouse, directly in front of Mr.
4 Sickles house; he on the edge of the pavemen
near the curbstone witness particularly observed
!. him looking about, turning his head from ont
side to the other.
: Cross-examined by Mr.. Ould.-Ths was abou
O one o'clock in the day; don't know howIong he re
: maned there; looked back after passing, and ht
t still standing there, near the steps of the club
house. the edge of the pavement; turned his heaC
in different directions he could across Sickels
house from where he stood.
r A. Z. Young, called.-Knew Kew by sight; saw
I him between nine and twelve opposite the Presi
o dents house on the day of his death; was pointed
: out by friend of his.
Charles G. Bacon, caed.-Had known Mr. Key
about eighteen months; last saw him February
: 23d, the Wednesday preceding his death; saw hin
twice that day; he was in Lafayette square, nea
= the statue, at about ten o'clock; he took out hi
d handkerchief and twisted it; (witness described th
e waiving;) saw him again that day between and
: o'clock ii company with Mrs. Sickles and Mis-
Ridgely; him waive his handkerchief two o.
r three times previous day in February; it wa
F.; between the 10th and l4th of February; this wa
S near Mr.. Sickles house; he seemed to drop hi
r handkerchief, and by quick motion to grasp j
again before it could fall to the ground pre- Tous T.
f that saw him waving his handkerchiefon the cross
q walk when he could be from the library win
/ dow; he went towards the War Department.
e Cross-examined by Mr.. 0uld.-The first time
was between 10 and u O'Clock; cannot be more ac
IS curate time; that he waving his hand
. kerchief and took no further notice of him; h
gathered his handkerchief up and let it drop quick
|. ly.
n S. S. Parker, alled.-Knew Mr.. Key very well
n repeatedly him in the vicinity of Sickles
l. house; saw him there about half past o'cloc
e on the day of his DEATH passed him at the corne
e Of 18th ST. and Pennsylvania avenue; he walked
0 rapidly and went into Lafayette square; last say
n him before then, the Sunday previous; Mrs
Sickles standing the platform in front of he
Is house, with little girl in front of her; Key tool
off his hat and bowed to Mrs. S.. with his handker
e chief in his hand; she returned the bow, and
N then waived his handkerchief twice over his head
Is he went on towards Georgetown; saw no more
e him; saw him often before in that neghborhood
d never him waive his handkerchief in that wa
rs before; him the morning of his death, nea
10 Wizards Hotel.
'e Cross-examned by Mr.. Ould.-Was passing u
Fifteenth street when witness Key on that SUI
al day; after he went towards Georgetown he 500
1t got out of sight; he was moving west walking
h very fast that was his usual gait; saw him frs
l. that day coming out of the barber's shop; he S;
IL luted Mayor Berret and myself.
2 BY Mr. Stanton.-Was in company with tn
y mayor, near Wizards Hotel, and a remark wa
s made about the killing of Key.
Is Mr Carlisle objected to any question about th
% remark.
IN NJ, fGWbol ala ,,o,, ,o, NJ, NJ,