New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-08

The Dietrct-AtoTney says ne VA e'o-e De Inv '''
u,osecut;ou before nocn tomorrow.
OPENING SPEECH or DISTRICT ATTORNEY ouLD.
NAY il please your Honor and gentlemen OF tue
Cur-Tbe indictment ust resd TO you charges Dsniei
Z sicklss, tee prisoner q. the bar, with the w'ifub
MURDER Of Paiip Barton Key. j shall rels'e 70 you,
briefly a. csn the chief incidents connected Ti'h tas
,,.s oy 40 far az the evd.rce Will disclose. Foe par
es are doubtless well known 10 you sEssdy g. issst
bv r. outatiop, one being Representative in tas Con
rrs. of the United States from the great connercia
9,esrooots Of the Union and the other having long
and hoporably filed the post of public prosecutor IN
this district Perhaps some Of you have teen how ne
disoh .rgec the duties which have fallen TO my lOt.
The place where the crime, as chsrge1 IN the lnalcV
uoert was committed IN the City Of Washington
the time the 9th Of February last. Twas the SAD
bsth day which for more than lSO yesrs mss
been set apart in comemorstion OF the Divine mission
which brought Peace On sartn ano good sln 10 an.
In the soft gosh Of that Sabbath sunlight, 81 an
hour between the morning and evening Cnrlsuan
.sclifioe at the time slmOst wren the sound OF lns
Church bells I genpg IN the air, the deceased e
unconscious Of the Tremendous woe when theh eIo'u
suspended over his house met the prisoner at the oa
in = public thoTOughfsTe OF TINS Guy. nc HuSS uo'
seer, from the attitude and moVemeh1, anu o.n.i
evidences Of deliberate intent wolcn lounued INV
eompleepess the scene Of the hour thai tue prisoner
AZ the mar contemplated some bloody deed Unsrined
and defepseless as deceased was, he useo the poor
ara feeble means ia his power 70 save ms NE. no"
Intellectual they were, even 10 inc ueIayihs VI tno
terrible fate the evidence IN the casa VII SNOW
The prisoner at the bar had come 70 the carnival
OF blood fully prepared; he was waking nasa-
zipe; he was not only PROVIDED WIZ numoeL
OF fire arms, but mad taken care 70 supply hlhssu
with different ysret es each possessed VI tie pc
cular excellence for the ruroerOus VOrk lie nOo
ana cOse calculator, who, ID tue contingency O an au
tic,pated collision might call 10 LIE sld OOth D'ih
GER and revolver. II befo the time OF the meeting
such idea through the mind OF the prisoner
a. The bar " seems Indicated by the number ana va
riety of firearms, and the temporary srmor IN winch
he attned, 70 WIT, convenient OVeic,ae on al III
conveniently warm day. from whlcn u WOUIo seSh nc
did not reason csTeessy. Against this moving DAT
tery which could place itself IN any position hke
piece of flying artillery on held OF oaetie, tue oe-
ceased had nothing to interpose, ana lnyeiposeo no.
irg save ply sical strength, which, when governed
by preseuce Of mind was but ieoOie al pest
poor ana feeble Opers-g ass, wmcn, even lnro"h
with well directed ain, was comparatively harness.
and, last OF all, pteOrs ordinations when nowe'e.
they might have moved other men, IN tins ace, at
lesst fol on ears Of stone T1e evidence IN tnis case
Gepteuen of the Jpry will show TO you, IRON the nfst
act in this tragedy 10 its coee through every success
sive of horror, not only that deceased W-s uo
armed, but that the prisoner ~ the Dsr kbe" socn
was the fact when they met; that lie knew IL "hen
the first shot fired at the eorner; that ne must
surely have known il when subsequently the e4cia-
nations Of deceased dying Ia the arr; ana tnst
possibly more certainly STILL he must have known 1t
when be stood bravely over his Ylcum' reVoiVer
in hand seeking TO scatter the Drains OF one
at whom he had fred three times and NOR
tally wounded and when hls eyes were then
being covered with the film of death. cay
not ibis for the purpose Of influencing your minds
against the prisoner al the bar, but az an usuaton
Of the principle at common Law, that homicide with
deadly weapon, perpetrated by a party VINO mas Gil
the advantages on bis SIDE and win all the crc1m-
stances of deliberate cruelty and vlndctlVeness 10
murder no matter what the anteceoent proYocsuon
in the case. Mr.. 0uld then cited from Whartons
- aId hat n
will show 10 you that no matter how revetgeul may
have been the prisoner at the bar toward the "e-
ceased at the time Of the meeting yet sutcitnt time
elapsed between tina, moment and the period
of the catastrophe for his passion, Whatever
may have Influenced him TO have subsidized.
Not only there sufficient time, but all the crcum
stances of the conspired to such result know
not, gentlemen, how bloody purpose could be
maintained during such a length Of time, and under
such appealing circumstances, unless it was sustained
by reuOrseess revenge. Al least four or i've snots
were fired, attempted TO be fred. The interval OF
time greater or less between those shots, was filed
ND by earnest and frantic entTestes, such as man
would make for his lie; such, perhaps as desire tor
opportunity for self vDoicatioD, snd perhaps the
recollection of the little ones lef clustering sEouId his
own heaTtbstone The first shot which probably took
effect on the person Of the deceased wounded
him in the gIOin. From that time at least,
until he fell on the pavement he was IN
duplicating retreat yet the prisoner at the bar did
pot desst from his bloody intent, when he stood
over the prOstrate and dying form of the deceased
Nay, more, the evidence will show that at that tme
he was attempting TO add mutilatiOn 10 murder, when
he arrested by the parties whose feet subsequent
ly bore his victim from the spot on which he fell.
Murder gentlemen Of the Jury, has been defined aud
the DETECTION accepted and allowed all over the civil
lied world as the unlawful killing of q human beng
with malice aforethOught. The distinction between
the two gentleman although frequently ms de the sub
iect Of controversy is toerably well understood.
beg leave TO refresh your minds by stating the gen.
eral principles as recognized IN common law,
and which govern re IN the administration OF
criminal Justice. Mr.. Ould here rea1 additional ex-
tracts from Wharton adding: The rules, gentlemen,
by which the crime of murder il tested not OF to-
days or yesterdays growth. Trey have come down
10 us cOnsecrated by time and the approval of Just,
wise and good men, While Oh aDges in other respects
have been made IN the law which governs and con
trols the relations Of 70 man while the hand of
reform and innovation hss been busy in tesripg down
aLo Iemodehng other portions OF the sructuTs OF hui
man ustice tae great grand and old foundations Of
the common law with respect 10 this ohense, Instead
Of being impaired have been strengthened by ume
SpIinsiI hike an arch over the vast ckasn OF the
mote past and the present. they have become
stronger by the pressure of centuries The msxims
Of the common law relating 20 the crime of murder
are based on con mon sense sud common justice.
Hovever technical that common law NAV be in other
specs here il deals alone with fact AL its features
are essentially humane The features Of these gres old
masters our rough ancestors, as portrayed 10 ne
in the ligh Of their uaXns are rtiec ed 10 Us as
living, sexual men, ike unto ourselves. These prn-
ciples owe their entire strength, sud msy ssy also
their veracity, to their humanity, not msuiln,
siokly sentimentahty humanity, but one that Is God
fearing and 20 men loving; ana while thus they allow
s sufficient liberation Of the weakness of our common
nature they FORM as were, st the same me the very
pedestal upon which rests the sublime figure Of public
iHstice. Wherever these principles are perverted
whenever they warped for the p1rpose OF Smelling
criminal, whether be be humbls or powerful, the
blow lie struck at both humanity and justice, Sc.ey
gentlemen has its human elieS ss well IS the solitary
prisoner snd n they came I'D 10 rs IN the swell Of