The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-09


found handkerchief on the person OF the de-
ceased.
The coroner here produced small white one.
with . colored border, which he said be found on
the body.
The exhibition of the handkerchief caused
much sensation, every spectator anxious TO get
glimpse of ii.
Mr. Stanton handed the coat and handkerchief
to Brady.
Woodward continued--There were three pockets
10 the pants and four 10 the ves found no letters
IN them; found in the breeches' pocket bunch of
sInaii Keys; did not remember distinctly whether
.eceasea " had his coat when he first saw him In
the Club House. thinks the coat In court was the
one worn by Key.
ls, fendieton was again called, and having ar.
LEU, LEU, was SWORD, and took the stand. Was not
passent two at =. the killing was the spot and saw
sids os an e sno's ured; was walking en- the south
80. VI .ne avenue, and had gotten near the East
leading to the Presidents; his attention was
aiac'ed oy the report of q pistol: cav two per-
b;m.aIs q scu.he, one apparently trying to free |
ran int, ,. 'ne otner be latter to free himself
hin, S;,, ue Miaoie OF the street, Slckles pursuing
uh oickies reached him. raised his ar m ana fire6:
M ne appeared to be wounded, and retreated toxards
.;n pa.e"ent; sickes following fired the second /
was s;chIo ouel tnen ieii; next the witness saw
faI1a M presenting pistol to the head of the
"'ou man. soon saw persons coming down tha |
Hom the Club House; saw a person approacb
sna take his arm; both then walked away
subsequently, learned the person killed uas X.
went to she Club House, and on com;ns, han. ny 10y
.no spot where Key fell, saw a man fsb;no M
upeIa ass from pool Of water: saw no n;s.n, ~
naod; DID not see Sickles fire the first time:
K, , .n.ee ,nots; when he heard the third shot |
ah "as on the ground; the tussei lasted yerv
snott tine 1t took place near the pavement. ner
naps Immediately on ii; kept his eyes Constantly
oo 'ne party after first seeing them; heard onlv
one snap OF the pistol WY
Cross.erdmaaed by Brady-Attentjou was first
uia"h 70 the parties by the report of pis,ol saw
Poi sons, until some came from the club hon az.
e. .ha ,ne occurrence there were many people on
the same side. of the street with bimseif
Di, Geo idge caled-Made two examinations a, |
ane oody OF Key; the first was partial one on the
,.th OF fepruary; when be first saw the deceased
S Ilo.nes were on; did not remove any cIotbes en-,
e'y from MIN, but opened his clothing for the
pa'pose OF examinations; Key had not ceased to
oIea, ne when he saw him; saw the wound through
whica tne Dali entered the body; it was between
tne ioth and llth ribs; also another through which
.he oa,i passed into the thigh; he also examined
!ne oody al the corouers inquest; after stripping
II, he found confusion on the right side. on ey
amhing tue right side of the coat aud vest found
IL mad beeen perforated by a ball, which had bro.
oaoiy MADE the confusion; on the following morn
iug, win Dr. Stone, made full post mortem ex-
animation; found large quantity of blood in the
stomach.
The District Attorney asked witness what was
the relative position of the parties, ia his opinion
as man Of science and an EXPERT
Mr.. Stanton objected to this question.
Mr.. Ould conteuded that, in his opinion. a man
or be called on for his opinion on such
point.
MIR. Brady said that was a point for the iury to
determine 1t was not for physician to give his
opinion lu relation to the position of parties found.
ed on his knowledge of the location of the vital or.
gaus. Alter giving his testimony according to the
fixed and established rules, it was for the jury
to determine what was the relative position OF the
parties.
After further discussion, the court decided that
the question put by the District Attorney was
competent one.
DR.. Coolidge resumed-Ia his opinion, as an ex.
pert, Key must have been lying ia a semirecum,
bent position when the wound produced by the
last shot, was made, which wounded the kidney
and the liver. Was assistant surgeon in the
army, and fsmiiia with gun-shot wounds Was
present when the bail was cut out Cut il ont
himself rhe bali was prodnced1 He believed il
was the same ball. mark was placed on il at
the time.
By the District AttorDey-To what kind of fire.
arms do you suppose such a ball belongs?
Mr Stanton-I object to this question. Because
the gentleman is surgeon in the army il is no
reason why he should bs an expert in the manu-
flcture of firearms.
strict AttoTney-If the surgeon did not in.
firm himself on such subjects, he did not dis.
charge his duty.
Mr. Brady-He can discharge his duty without
discharsiBg fire arms.
Cross Examined By B,-aay-I saw Key before he
breathed his last. Heard the report of a pistol
came 10 tue CiuD dGuse ana found Key with
eral persons around him. Took an opera class
case from the left hand pocket of his coat Be-
iieve that the case was shut. Everything taken
from Keys person was handed to the Coroner:
knew no method by which scientific men could
infsliibly determine that abrasion is produced by
q bullet from gun or pistol, judging from the
wound alone; If he had besn called to Key after
his decease, aud had seen other wound than
the abrasion referred TO, be would Judge that
death had been producod by bullet. There ia
which nj hai nj inb
enters the body il could only be determined by
subsequent examination. The witness was very
miDuteiy questioned by Brady in reference to
certain facts aud principles of general nature,
having bearing on the nature OF the wound
received by Key after he had fallen to the ground
DR.. r. N. Stone cailed-Stated the result of the
first examination of the body at the Club House.
As he was associated with DR.. Coolidge in both
that examination and the which took place
at the inquest, bis evidence was very brief and
differed very slightly from that physician.
At this point the jury took recess of an hour.
Charles Winder calied.-Testfed that every
thing was taken from Keys pocket when he was
stripped. There was an opera glass case, some
keys, loooe money, sleeve buttons and ring. They
were taken by Ogle Taylor. relative of the de.
ceased.
Mr.. Ould opposed the admission of the Derripger
pistol, which had been presented in court also the
ball, part of the evidence. He stated his
grounds
Mr.. Brady-Would make no question that the
deceased came TO his death by the wounds de-
scribed by the physcians but as to this pistoI IL
was picked up and handed to the coroner in the
Club House. No one had seen it fired or used II
could not be regarded as falling within the rule
of res gesta.
Mr.. uuId contended tha. the evidence dis.
closed that the pistol had been picked up on the
identical spot occupied by the prisoner where he
fred the Shots
The Court said that this pistol having been
found near the place where the mortal wound was
81 E,It
Transaction; and, in his opinion, both of them
should be before the jury
sir Ou!d here stated that the United States had
concluded its testimony in chief
MIR Radcliffe stated that the defence proposed to
ask the Court that the District Attorney should
call certain witnesses. among them Messrs Bat
terwortb, Woodbridge, and Robert j. Walker, as
government witnesses. Ii be, Radcliffe, were
prosecuting attorney, be should conceive it was
his duty to place every honest man on the
stand be would disclose any facts apper tanning
the matter under investigation. The defence
wanted an opportunity to crossexamipe them.-
He alluded to the fact that he Court, on former
occasion. in q similar case, bad decided witnesses
should be called He supposed Mr. Onld knew
Woodbridge and Walker were before the Grand
Jury.
Mr. ould spiritedly replied that he did not know
it, He said if Mr. Ratciiffe thought the District
Attorney should go Bosng about the Grand Jury
room, to ascertain what particular witnesses had
or ever desired to know. He, rs District Attorney
should certainly never go TO DIR. Rateliffs for in.
formation on this or any other matter. He would
choose his own counsellor. He should state that
be did not summon Butterworth to 20 before the
Grand Jury for reasons which he had not did,
closed, and should net disclose hereafter.
Mr.. Magruder entered legal argument to show
that 1t vas considered the duty Of the Government
to summon oil tho eye.witnesses to the transao,
ton. 1t was necessary to the ends Of justice. 1t
was in evidence that Butterworth was present at
the killing, and why was he not called? The Gov
ernment did not stand here to call for victim,
and convert this temple of justice iuto place of
sacrifice. Can it be denied that Woodbridge was
regarded as o witness for the United States1
Else why was be before the Grand Juryl lie
quoted from authorities to show that these wits
nesses could aud might be summoned
Mr. Carlisle, for the prosecution, opposed Mr..
Ratcihe's motion He asked who is Butter WORTH
and answered BY giving history Of bis associa.
tion with the prisoner at the killing of Key. Bat.
terworth had not on oath charged Sickies With