The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-22

Mr.. Brady objected, as the testimony of Mr.
Doyle was already very full and circumstantial
| and could not again be directed to the same
| point.
Mr.. 0uld contendcd that as the defence had mn
in evidence to prove the frenzied state of Mr. Sic
| kle's mind, it was unquestionaby the privilege o
the prosecution to introduce rebutting TESTIMONY
| as to that.
Mr.. Stanton argued that the defence had not il
any way attempted TO show the state of the pris
| oners mind at the precise moment of the homicide
and the State could only rebut the proof introduced
to show his condition at other periods of time
MI. CarilSie wished to present an idea for tht
purpose of illustration.
Mr. Stanton objected Mr.. Brady had objected
to the evidence, Mr.. Ould had responded and th,
defence had closed the argument and debate shoult
| now cease. That was the rule.
Mr.. Carlisle thought these rules had not beer
very strngently adhered to. He had merely wished
to present idea.
Mr.. Stanton.-''The idea will keep until some
other opportunity shall be offered to give it. II
will keep"
Mr.. Carlisle would not like to bring it in where
| it was not pertinent.
| The Court decided that as large portion of the
| evidence OF the defence had been directed to the
point of insanity, this evidence was receivable
! Ihe defence had claimed that the burden of tn,
PROOF OF insanity must rest upon the prosecution
This was clearly not law. Every man was supposed
TO be sane until it was shown to the contrary SAM
! " was the normal condition of the human race h,
| hoped.
Mr.. Doyle resumed.-Sickles' manner appearet
selpossessed, but there was more excitement in thu
| expressions than In the manner, at the time wher
witness put his hands on his shoulder immediatel,
after the homicide; saw nothing particular in Mr.
| Sickles' manner.
Mr.. BI BIady.-"Have you ever been in lunati,
asylum"
Witness.-'1 hope the Court will protect m,
| from impertinent questions
Mr.. Brady.-''My dear sir, you misunderstan,
me- did not mean to insinuate anything impro
/ m nf otyfc yy'
| laughter.)
Mr.. 0uld to the witness.-'TYou have not under
stood Mr. Brady"
Witness.-"0h, beg your pardon; misunder
stood the question:
Mr.. Brady.-I should beg your pardon if I made
any such lmputation insinuaton as YOU sup
posed This only shows how easily an excitement i
got up, even in cou: teous, gentlemanlike remark
and we can Judge from this how much excited MIR
Slckles must have been under the circumstances
which surrounded him.
| BY MIR. Brady.-Resides in the clubhouse: th,
clothes were those that Key had on; never hav,
been in an insane asylum; do not know mucl
ABOUT insane people; could not tell from a man
appearance to certainty whether he was sane OF
not; do not Know who examining the clothes
think Mr.. Snowden was in the room, and Mr.
iayloe; an overcoat of Keys was there which haC
been lying in the dining room for several days
thinks these papers might have been found in th,
| pocket OF the overcoat; not know how that ma,
have been; do not think the overcoat was exam
lned some four or five days after the witness wa
examined here before, Mr. Winder told witness tha
he found these papers, and then witness remem
| bered the fact and spoke of it publicly; witness
was greatly excited at the time of the killing.
Albert Greenleaf, caed.-Was present at tn,
clubhouse after Keys decease: saw some papers mn
into DR.. Milers hands; did not examine them: the,
were handed to Miller by police officers there wer
| two otcers present, one in grey uniform and one
IN blue; these papers either came from the coat o
vest; saw them handed to DR.. Miller at the suqpes
| pOud tho I -
them from the clothes; this about seven oclocl
IN the evening; several persons were present; d,
not remember how many; Mr. Snowden Mr. Dovl
and others there; don't knoy that Mr.
| Wnder there.
! Cross examined by Mr.. Brady-Was there pro
b&bly first about half-past six; first saw the cothe
in the hands of the police officer did not see tn
overcoat at all; cannot describe the police officers
! Lothcer King, being present, said he was one O
| them.
Jacob F. King, sworn.-Went to the club-hous
and staid there till the body was removed to Mr.
| Tayloe's; saw the papers which were handed t
DE- Miller; witness was requested by Mr.. Richar,
| Snowden to take charge of the door until Mr. Kew
friends came for the body; Key had his pants on
and the coat and vest were lying on chair; thi
was about half-past six o'clock; saw DR.. Miller re
| ceive the papers, and think Mr.. Snowden handel
them to him. think the papers were taken out O
! the fob pocket o. the pantaloons; remained ther
and took charge of the room until Mr.. Pendleto
and Mr.. Tayloe came; did not see ANYTHING fall OF
|
| the floor; do not know where Mr.. Snowden resides
he was then stopping at the clubhouse; witness d
not examine the pockets of the deceased; thnl
| Snowden examined the fob pocket; he appeared t.
| take deep interest in Mr.. Kew; he took a memo
randum book and some papers and handed them t.
DIR. Miller; think he said he would give them to tn
coroner; several other police officers were there
was dressed In blue; do not remember whethe
there was any other officer in the room at the time
| do not know whether it was memorandum bool
| or card case; thought it was memorandum book
!. the knife was very small one; did not take mucl
| notice of it.
| Abel P. Upshur re called.-Observed the manne
| and appearance of Mr.. Sickles at the time of tn
| homicide; he seemed to be cool, as far as witnes
could Judge; as soon as got up to him he de
sisted, and made the remark which have hereto
fore stated; did not see any indication of great
| citement.
By Mr.. Brady.-Had seen Sckles frequently, per
| haps fifty times; do not know how he would ac
under great excitement saw him this time lust fo
moment-a very short time.
| Mr.. Tidball ed.-Observed Sickles' manne
at the time of the homicide; he appeared to be YER
coel and deliberate his face was somewhat pale
| he walked off cOolly with Mr.. Butterworth.
By Mr.. Brady.-Neyer visited an insane asvum o
talked with insane persons; had frequently seel
Sickles before; particularly observed his ewes
thinks they are blue: do not think his face wa.
habitually pale; if the expression of his face ha
| been different from ordinary would not have oh
served it; was excited myself.
Richard Broadhead (ex-Senator) was called, bu
did not respond.
| n. Haldeman was called and did not answer
John j. McElhOne was called and did not answer
Charles Howard called.-Is brother in-law c
Mr.. Key; the paper yesterday produced was show
to witness by Mr.. Pendeton at his house here fey
days after Keys death; went to Baltimore on Thur
day week after, and before going Mr.. Pendleto
placed this in witness possession; it is in cypher
think can decypher it, as know the kew to it; d
| not know the handwriting.
Mr.. Brady was willing that the letter should q
before the jury just as it was, but objected to
| translation oft, the handwriting could not
| proved.
Mr.. Carlisle said this letter first made its appear
| ance yesterday, in the cross-examination of Mr.
Pendleton. He supposed it ought to go to the jury
and unless the cypher were also communicated t
| the jury, it would be of no use to them. 1t wa
like paper written in foreign language, whicl
ought to be translated 1T should be submitted t.
| them. This letter was written in a cypher, mad
by the substitution of one letter of the alphabe
for another; and as it relates to this case and wa
said to be found on the person of the deceased tn
| jury ought to have it.
| Mr.. Brady.-''What does it rebut ?'
! Mr.. Carsle.-Nothng; but as the paper ha
been introduced, it is proper that the jury should
! know what the nature of the document really is
The defence had desired it placed on the record
MIR. Brady said the nairette of the last argumen
| was perfectly charming. As his learned opponen
had admitted that this did not rebut ANYTHING i
was clearly inadmissibe. This clubhouse was
sort of restaurant, where any who choose t.
come in from the street to get drink to refresl
himself could do so, and on this Sunday could hav
had access to the clothes of Mr. Key, and there wa
no one to moest them. 1t appeared that the clothe
| of Mr.. Key had been searched by dozen, all O
| which was unknown to the innocent coroner
| Every one knew what hunt the defence had haC
| for papers, and yet we now know that Mr.. Carlisle
| had not only these papers, but some others 0
which the defence knew nothing beyond the mer
fact of their existence; and it should be borne il
mind that the prosecution knew all about those
papers before the indictment was found. The de
fence had right to offer this paper, and the Cour
| having read it would see how advantageous it mus
be to them il the handwriting could be proved; bu
| although the counsel for the prisoner should urg
such course, yet any man possessing spark Q
| humanity might be supposed to have som
lingering regard for the ruined shrine at which he
formerly worshipped, and might not desire that an
| further exposure should be made of the wrong ant
shame that have been heaped upon him by the on
he had once loved as his wife.
Mr.. Carlisle desired to respond, and disowne
| the technical rules of pleading with regard to tn
opening and closing, and as to the admissibility O
| evidence. There distinction between write
papers and oral testimony; he who offers write
papers has the affirmative and is entitled to ope
and close.
Mr.. Phillips replied that the gentleman had Civ
| en- rule without reason. What difference did
make whether the matter was spoken by
witness, or was exhibited to the jury in a write
paper?
Mr.. Brady said no such rule was applied to tn
confession of Mrs. Sickles or the Key correspon
dence as the prosecution now contend for.
The Court decided that the defence in this cas-
had right to close the argument on the objection
and also that the letter offered was inadmissible
not being rebutting evidence.
THE jury took short recess at one o'clock.
Mr. Carlisle asked whether this letter could