New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-26


There i. no statement hint, or insnurtion from any
witness that be- had auy other weapon The conc'u-
sion that he had J. entirely excluded by the proof
ak. who owned the Deuiu-er pistol You rrincmber
what proofs We proposed 10 give about Keys being
prepared for any emergency. j. view 81 the facts OF
that collision that pistol belonged to Key, and was
used hy him IN that crcoUlier. This -
made conclusive, although the personal friends
If key have been around this table, watching the
result oft, trial including Mr. Jone-, With steadia.
6rl searching interest not one ha- asked whether thu
Deuirger pistol was in Hr Key possession. No wi.
uess was brought here 20 say whether Mr.. hey nsd
such pistol. Not ere who attended to his domestic
Affair, WHO brushed Ms clothes, was asked BY
h- friends o. associates, or permitted 10
state whether this pistol belonged 20 Mr. key.
Mr. Brady then read the Inst second and third instruc
iiou-. heretofore presented by the defense:
There g. rrs r'on o. malice % his 49, IL any
prof 'aeiaiiou justification arise Gus 4 the e'i
81 msDslsl,. Sac. sol. s.a.-S, AZ Ma-aal', p loi
800. The is...cs - , +. 70. abl- "a ,h oase
r. On any rational theory consistent with si the eSirlcr the
homicide VS. ei-a'r Jusahr, ,Hrssoe o. a. az, o. MAJ
Gurus, &. e. K Cor-oryei u ys. ick, Vol Bsr1" Art
Heard. Loading Criminal Ca' 800 ,.
Ton .-r as A s-is consistent STA 'lr c7r-
sou .as; The taard. lte ,eusabe, he defuiaa.
lie cited the United States sgain-, Mngo 81 Curtis
Circuit Court Reports. Miugo ard johnson the de-
ceased had we'd boar the same ship, on It's way
from Apalachicole to Boston: the defendant was Hay
lion MORO, and the deceased o colorcd man from Bal
tynore johnson Wa armed with ha'chct, and MIN
90 with knife: johnson received three stabs; eX-
preS,on- Of anger aud illieelng before the murder
were heard, but a. to which party made the attack az
what time of the ARRAY either armed himself, and what
", r. the words used the testimony Of nine witnesses
who saw the ARRAY was contradictory. In TN, case
revolver was in the bands Of Mr. SiCkies ana Der
ringer in those of Mr.. hey, and there Vas no
mortal 10 caiusay il. number Of witnesses
have been examined for the prosecution here;
there no one gave the origin 81 the Transaction MinSo
gave johnson three stab, Mr. Sckles fired three shots
although but one moral. Am not night M say
inc no mortal man N view Of the DeUluger pistol,
knows what were the words the revocation at the
moment of collision and what really the position
of the parties Did not Mr. SCbles accu-ehm OF hav-
inc di-hOnOred his house; and may not Mr. hey nave
replied have and YOU can make the best OF i, ana
his replv may have been accompanied by profanity,
he drawing the opera-glGss for one purpose aud tho
Dc~riuger for another Who can say anything l
have stated is inconsistent win the testimony az
duced7 only ask that YOU rest he case on
the ground il placed ~ Mr.. stanton,
who has so adorned il by his eloquent powers.
We stand on the law of God. the law of man; on
Justice irrespective of the question OF insanity De
fore entering more particularly into this Ju-hCaton,
LET me saw that nv learned friends prodgced the bullet
found in The person Of Mr.. Key and which produced
the mortal wound. Wien the bullet va produced, |
supposed It would G. the Derrnger pstal, and there
f. re an effort was made to connect Mr.. Sckles with
that: but unfor unately the bullet would not mt the
Derrinccr pistol. The bullet which killed Mr.. Key
cgre out Of the revolver. What then became OF the
bullet from the Derrnger, which was found I'd he eN-
ploIed? Mr.. Brady then referred to the charge ot
Judge Curtis i'm the ease rrcited against Mngo, the
Court holding it was incumbent on the Govern
mcrt 10 prove flOuious killing, and II, on
the whole evidence. the Government failed
o sat sly the Jury that the act was ielonous beyond
rea sOuable doubt there must be Il verdict OF not
guilty. But do not think, hr. Brady said, that the
Government has proved, as required, - case oil nur-
der beyond ell reasonable doubt. IL that case was
more confused than this, not able 10 perceive H.
never saw Mr. Key but once. and not his lace then,
bat VIII, iever else might be sad about him, none OF
his friends or any body who knew him. would say that
he would not in proper ease, under rightiut provo
cation fight; and, suppose he wonld stand IN the
same category a, described in the case have Just
read which says " both being on the deck, angry
word. passed between them both being excited ami
ready for fight. armed Themselves slmu.iane-
ously; both fought. and johnson was KILLED; the
Jury in view of al tie iacts, acquitted Mingo.
Mr. Brady referred 10 the Judges ruling IN the case
of Dav saviug he had made those remarks to show
that the prayer Of defense WAS not an ABSTRACT Propo
-iton: not hypothesis Of which there I. no PROOF 10
warrHrf If So your Honor could not listen 10 II a
moment II il the fact that four shots fired in this
csse and from the evidence II stands, only three
were fired from the pistol II Mr.. SWkes. a L" the
fourth shot | am uot called on To say or knO" who
fred IL. bat am permitted 10 say that that De1lngcr
pi.tol belonged 10 Mr. Key. and the evidence shows
that II was used IN this encounter. There Is one CIR
cumsiauce the most conclusive m the world. Inc
uttmeu who came from the Club House understood
This thing as do that there was reason for max
ing against Mr.. Sickles ANY accusation. The Club
House was the resort Of Mr. Key. His friends were
there in NUMBER NJ the time in question hen II
WAS a-crrtancd that Mr.. Key was lying near the door
in diving condition. these personal friends, Gentlemen
If character. doubt, OF courage and feeling awe
To the importance of maintaining the law, hav-
inc n lust adherence Of blood, and looking
ON assassination with dsgust-coming to the
scene, did not interfere to prevent MI Schles
4 If NJ oil al he INA E
e liz has defied my bed, or " dIshOnOred my
house" and allowed him to pas away entirely unino-
Tested: no one ciyiug shame, or 80 MURDER no one
calm. an officer, attempting to arrest HIM. jury,
made up Of Nj. Keys friends, might say ne mlgu'
walk free any citizen; no one - stay his steps
The fifth PRAYER a. presented by the defense j., II
for the jury determine under a the circumstances
Of the ease whether the act charged upon Mr. Sckles
is murder, or instlhabe homicide. Whtn we pre-,
par,d the instructions, supposed we had coniorned
io your Houors ruling in previous eases. In this con-
re,,ion remark in passing, that the case OF RYaH Is
authority directly m point that II r. Tor the jury on
all the evidence To the husband Staying an alleged
atulffr.r with his wife, whether 70 n murder OT
man-laughtrr w drew these instructions on that.
WHOM Mr. Carlisle said the instructions were drawn
adroir'v. be- gave credit fOr what rests in himself
think iushrryiDes- and ssgacity he has no superior.
Sc have done jus; what Is night on this particular
MIR. Brady answered Mr. Cari-le- argument, saying
that tie proyocqii0n, claim, on the instant
before Mr. Sicke- went out, and ii 10 had existed be-
fore ha. Il would not dctract from the influence Of the
lat provocaion but make il the stronger and more
coutroIirs. The waving of the handkerchief was
adluittrd-uh.f, handkerchief NJ Key was unfor-
tunste In It's selection. \ handkerchief Of that color
even among the most savage nations OF the earth, II
regarded a. eu.b,mHcal If purity peace, good faith;
of regard for hospitality and protection against treach
ery The color Of the nag Of truce l. that which was
selected no this ease. hope may be pardonef by
NV learned brethren for this remark ia passing, made
not in anger. but souow, with all the feelings whif
belong 20 me Il would have been well If Mr. hey
had attached mech Importance 70 the dignity of
banner a. did his distinguished sire, and had always