Worcester daily spy., 1859-04-14

al persons in the front room, but could not
name one of them. My impression is that the
next person saw in the back room was Mr..
Berrett, the Mayor
have not seen Butterworth since some day
near the close of last week, and do not know
where he is, now. l have known Key very
intimately from boyhood. Our families were
acquainted.
Mr.. Sickles passed my house, on the aven-
ue near sundown on the 9th of February. He
was in very excited condition, and it affected
me very seriously at the time. l said, the
next day, that thought him crazy or insane,
at the time.
Bridget Dufy's Testimony.-I lived in Mr..
Sickles's house, in the capacity of nurse and
lady's maid, The Saturday before Mr.. Keys
decease Mr.. Sickles came home in the even
ing between and o'clock there was no set
time for dinner; sometimes it was at five and
others at half-past FIVE; Mrs. Sickles was at
home that afternoon did not see him at the
dinner table he went down stairs to dinner;
at night my attention was called to Mr. Sickles;
there was unhappy feeling between Mr.. and
Mrs. Sickles Mr.. Sickles went down stairs
he did not eat, but retired to his bedroom he
asked me to fetch him up something to eat,
which / did. His manner and appearance was
troubled
l saw him half or three quarters of an hour
after left the dinner for him Mrs. Sickles
was in her bedroom then went down to get
my dinuer; l returned to my bedroom, and
stayed there a considerable time l heard loud
talking between Mr.. and Mrs. Sickles; their
door was partly open; this was after o'clock.
continued to listen few moments, and then
went to the kitchen; twenty minutes or half
an hour afterwards | again went up stairs
they were still in the bedroom. When went
in it was about o'clock; think went in to
fix the fire or take away the waiter.
Mr.. Brady will hand paper to the wit
ness.
The witness, after looking at one of the sig
natures, said it was her hand writing, adding,
81 signed this paper in the bedroom, when Mr.
and Mrs. Sickles were present; l signed it at
Mr.. Sickles's request; Miss Ridgerly signed it
in my presence; don't know what then be-
came of the paper. l saw her write a paper,
which signed my name to; did so at her
request. Iwent to sleep at about twelve. Mr..
and Mrs. Sickles were, | believe, in their own
room. Don't know whether Mr.. Sickles went
to bed that night. Don't think Mrs. S. went
to bed. She lay on the floor all night, having
gone into an adjoining room, where saw her
on Sunday morning; she was sitting ON the
floor, with her head on chair. Mr. Sickles
was down stairs when | saw Mrs. S. That
was about eight o'clock.
before went to bed heard excamations and
sobbing | heard Mr.. Sickles cry also Mrs.
Sickles. In the morning, | met Mr.. Sickles
on the stairs; he was crying. | was going
down stairs. ItwaS about haltpast eight when
met him. He had his face in his hands, and
was crying and sobbing, and in great trouble.
was very sorry to see him in trouble. |
commenced crying 1 heard crying in the
study before l saw Mr. Sickles. l believe Mr..
Woodbridge was in the study, but didn't see
him. Mr.. Sickles was going up stairs.
Mr.. Brady-I will hand the paper to the
counsel on the other side. We propose to read
it in evidence, 1t is Mrs. Sickless statement
to her husband.
MRS. sIcKLEs's CONFESSION.
In the paper offered for admission, as Mrs
Slckless confession, she states that she has
been at the house on Fifteenth street with Key
frequently, for improper purposes, she cannot
tell how many times. The house was unoccu-
pied, and was hired by Key for the purpose,
with her assent She went sometimes in COM
pany with Key and sometimes alone, and usu-
ally staid there an hour or more at time
There was a bedroom in the second story
warmed by wood fire. Was with him on
Monday and Wednesday of this week. The
meetings were arranged by us when we met in
the street. 1t was sometimes arranged that |
should go in the back way, as l should be less
likely to be observed. Mr.. Key generally
went first The intimacy commenced in April
or May 1858, at our house. Kew has fire.
quently kissed me in Mr. Sickles's house.
Key has ridden in Mr.. Sickles's carriage, and
called at his house without Mr.. Sickless
knowledge, after my being told not to invite
him to do so, and against Mr.. Sickless repeat
ed request. The dress in which she went at
different times was particularly described
The confession is Mrs SiplyInS's hand
writing. 1t is signed "Teresa Bagioli," and
witnessed by &c. M. Ridgely" and Bridget
Duffy"
The District Attorney objected to the paper
being put i'll evidence and it was laid before
the Judge.
Mr.. Brady stated in general way the
ground on which they offered it, as commu-
ncation 10 Mr.. Sickles, affecting his mind or
continuing the excitement under which he
labored.
The District Attorney argued that the evil
dence was inadmisable. 1t struck at the root
of several of the most cardinal rules of evi-
dence. In the first place it was hearsay, and
therefore Objectionable. 1t was a communi-
cation passing between husband and wife, par
ties who were excluded from being witnesses
for or against each other. This evidence, he
understood, was not offered on the ground of
justification, but on the ground that the state
ment produced temporary insanity. If the
husband was thrown into state of insanity
by this communication, that fact could be dis
tinctly proved by the conduct and movements
of the prisoner, but could not be proved by
the character of any communication made to
him.
Mr.. Graham argued the admissibility of this
confession. 1t was offered for the purpose of
accounting for the state of mind in which the
defendant was at the time of the homicide. 1t
helped to constitute that irresistible pressure
under which he acted in reference to either
murder or manslaughter. The state of mind
was all-important. How far that confession
would act on the prisoners mind would be a
matter for the jury to decide, but the revelan-
cy or competency of the witness was entirely
another question.
The defence did not seek to show that the
prisoners insanity was produced by this con-
fession, $ut that he drained cup of bitterness,
filled and freshened to him by the hand of the
wife, which might well account for the mad
ness of any human being. He held that if
this cup of bstterness, even though it were
false, were presented to him by one in whom
he had right to have confidence, and, if it
hurled reason from its throne, it wBs evidence
in the case
The discussion on the admissibility of the
confession was continued till the Court ad-
journed.
ADICTIoNARY OF THE ENGLISH LANGUAGE
by Joseph E. Worcester Ill d. One volume