Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-04-09
sICKLEs's TRIAL.


to sorrowful reflections, not that he regrets the
act for which he is now on trial-no cOmpunc-
tious thoughts of this visits his mind-but when
he thinks upon his blighted home and the ruin
that has been wrought by the villany of false
friend, his habitual selfpossession gives way
and nature asserts her supremacy.
Mr.. Graham complains that letters passing
between him and Mr.. Sickles have been tam
pered with in the post office. Some of them
have been opened in transitu ard others have
not reached their destination.
FOURTH DAY
The Court opened at fifteen minutes past ten
o'clock.
After some delay the eleven jurors already
sworn were called and all answered.
Alpheus S. Wright, the twelfth juror, was
then sworn and took his seat in the jury box,
when the names of the twelve jurors were call
Clerk, to the prisoner-Stand up, Daniel E.
Sickles
Mr.. Sickles stood up in the box.
Clerk-Daniel E. Sickles, look on the jurors
while the Indictment is being read.
The Indictment was then read to him.
Clerk-Upon this indictment the prisoner
has been arraigned, and on his arraignment has
pleaded not guilty, and he put himselfupon his
country. That country you represent, and
tnls Indictment you are to try.
District Attorney Ould opened the case for
the prosecution by making an eloquent and eff
fective statement of the circumstances of the
murder. amid the breathess attention of the
judge, jurors, and audience.
The witnesses for the United States were
then called into court and were severally
sworn, such being the practice.
The first witness, James H. Reed, q police
man, was sworn and took the stand.
AT the time of the death of Mr.. Key l was
near by. was passing on the Sabbath of the
9th of February, up the street known as part
of Pennsylvania Avenue, running by the
Presidents house, and got up nearly oppo-
site the street known as Madison Place. l
was walking leisurely and going Westward,
and heard loud talking as Imagined. Hook
ed up, and my eye fell on two gentlemen on
the corner of the pavement at DIR. Gunnes
old residence. One was standing rather west
ward, the other eastward, and seemed to be
four to six feet apart, and remained so for
moment or two. As soon as | saw the man
good, saw the arm of the one who was men
toned begin to rise. He raised pistol grad
ually. In course of five or ten seconds l saw
him take deliberate aim, apparently at the
corner of the house, but in an instant after
wards saw it was a man eastward of him The
aim was deliberate. The man eastward was
making an effort to get out of the direction of
the pistol. In two or three seconds the pistol
was fired. The man who fired the pistol
moved little westward slowly. The other ad-
vanced towards him. When they reached
about eighteen or twenty feet from where the
first firing took place, the man who was shot
at retreated, and went somewhat northward
and eastward up Madison Place the other fol-
lowed him up though not so closely, perhaps
The gentleman who was shot at ran up be-
hind tree, and commenced shouting, "Mur-
der don't shoot mel The man who had
the pistol came up to about five feet of him
then attempted to shoot the pistol, but it snap
ped; that was the second fire, or attempt to
fire; he then retreated back little, the man
who was shot following him up and they went
into the middle of Madison Place. that was
after the first swapping, and second attempt to
shoot. When they reached the middle of the
street, they were but ten feet apart, and there
second firing took piece. just below that
saw the man who was shot at attempt to throw
something, which apparently struck the 9TH
er; the throwing and the second firing of the
pistol were simultaneous the article went
slowly and fell at the feet of the man who fired
the pistol
AS soon as the pistol was fired the man got
himself up this way describing him with both
hands pressed against his stomach) and said
something like "don't kill me-" He ran over
the pavement. When he came round the
man who fired the pistol came up in front of
the man who was down; he turned up little
on his right elbow; heard him exclaim once or
twice-"don't shoot me )" what other words
he said do not know the man who fired the
pistol was about two feet from the body when
the third shot was fired; he then attempted to
shoot again; the pistol snapped snapped pis-
tol second time that makes six times the
man attempted to shoot; witness thought it
would be foolish in him to rush in and inter
fere, lest he might be shot; hence did not in
terfere, but went over as soon as shooting was
over.
Did you see the lamp post at the corner
known as DIR. Maynard's corner
Witness-Yes, sir. know its position the
man who fired was distant about four feet
northeast of it; man shot further north they
were apart from four to six feet when the first
shot was fired the space between them in
creased till the man shot at attempted to
throw, and second shot took place; instantly
his (witness9 eye rested on the man shot
he drew himself up and exclamed-"You
have killed me-" and retired eastward to the
pavement.
Questionable you maintain your position
from the beginning to the end of the occur
renee?
Answer did not move three feet from the
place where / first stood was about 35 PAGES
from the parties when the difficulty first be-
gun Mr.. Key fell about 20 or 30 feet from
the lamp post at the corner.
Cross-erdmined-Had seen Mr.. Key, but did
not know either him or Mr. Sickles at the
time of the difficulty they were standing in
such position that could not recognize eth
er. The person fired at did not advance tow
ards Mr.. Sickles, and succeed in touching his
person do not think he could have done so
without my observing it: l saw nothing like
a tussle.
Question--And there were three shots fred
and three snaps of the pistol?
Answer-Yes sir.
Question-Was there any shot fired while
they were not facing each otherl
Answer-No, sir; they were facing each
other on each occasion. Atfirst, they were not
exactly opposite, but they saw each other.
The article thrown by Mr. Key struck the
person of Mr.. Sickes; it struck either his arm
or body; the throw and shot were smutan-
eous they were eight or ten feet apart the
first parties that came near Mr.. Key were
those who took him up and carried him to the
club house.
Question-When Mr.. Key fell did he fall on
his face, or on his back, or on his side!
Answer--On his side and elbow, face to-
wards Mr. Sickles. When Mr.. Key fell, Mr..
Sickles was five or ten steps from him; when
he fired the third shot the muzzle of the pistol
was about two or two and half feet from the
body.
P.V r. Van Wycke was the next witness.
l was present at the time of Mr.. Keys death.
/ noticed two gentlemen on GunnelPs corner,
apparently in conversation. l saw one Of then,
retreat up Madison place. | saw the other
raise his arm and heard the report of pistol,
and commenced running towards the place.
Both parties disappeared from sight up the