Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-04-22

mitigate or css,n the off ,ncc charged as
mnrder." Mr. Phillips was pr ,eeding when
tn Court reminded hin that the hour foi
adjournment had arrived. The Jury wer,
conducted under charge of a Baillf to then
quarters ut the National Hotel, and the pris
Unrr rrnandcd
On Saturday Peter Cnggcr Of Albanytes
tilted to II years acquaintance with Mr.
Sicklcs, and that he had last year emplnyoI
Mr.. Key rs counsel in Il cis,, on Mr.. los
accommodation and introduction. thus
showing the intimate friendship which ex.
lstcd belw.cn the mrderer and the murder.
ed. The discussion OF the counsel on the
| question OF the admission Of evidence in d..
tense. ,ing to prove the adultery OF Mrs
Sickle with Mr.. Key, raised on Friday over
the testimony OF Nancy Brown, was continu.
cd Mt great length and throughout the day
The prosecution asked tho exclusion Of the
| evidence. bcclusaif re ,iv,d tho Court would
be bound as u matter Of law to decide that 1t
should s for nothing, thus making it II
! question TO b. decided by the Court whether
the testimony Shall be first received and the
| effect judged OF afterwards. The defense
argued HdmssiOn-lst, MS making out IL JUS
tifcation Of the act Of Mr. Sckles Cd. ns
establishing the provocation Sd, us show
! ing the state Of Mr.. Sicklcs' mind with
regard u insanity or n mind of
Il IS blindness at the time of the commission
/ of the act. 18th. rs proving the truth of Mr..
/ Sicklcs declaration Mt the time # the ARRAY,
! that the cause which induced him to the
commission Of the act, was the sense of the
! adrlterius intercourse between Mr.. Key and
Mrs. SicklGs. The court opened to-day ut
1920, the usual large audience being in
Attendance. Mr.. oicklcs WAS soon after
wards brought INTO court. The Petit jury
| which had been directed to be in attendance
| to-day had their names called and were cx-
cused from further attendance till this
| day fortnight. This would indicate an
Intention on the part of the Judge
to admit the evidence offered. Counsel for
the prosecution are inundated with country
newspapers containing editorial comments
in regard to the conduct of this trial. The
counsel have little time however to REGARD
or profit by them.
District Attorney Ould this morning pro-
c]3del with his argument against the ad-
instability OF the evidence offered to prove
the IL lultGrv. H. sad when h, closed his re-
IN rks on Saturday to show that the fact Of
lcrrd on the part Of the defence did not
amount to legal provo alton, much less to
Justification and that the questions Of provo
cation and that the questions of provocation,
justification and cpoling time were mere legal
questions, h; had been interrupted, politely
of course by n question from Mr.. Brady ask
ing on what w'ro the jury to piss, if the
Court determined the justification and the
cooling TIM. Mr. Ould certainly misun-
dcrstood the arguments of counsel if the
questions Of justification, provocttion and
cooling time were not now before the Court.
Mr.. Phillips said :. if the evidence has u
tendency towards justification that is suffi-
Gent" The district Attorney held that it
I'D no such tendency, for in law the facts
amounted to neither justification nor provo
cation. Nothing hut IN attempt to commit
IL felony can excuse the taking of life. 1t
must be distinctly and satisfactorily shown
that the deceased WAS Mt tho very time at
te npting to commit alfelony, but an invit {.
ii N to adultery does not rise even to the
| lightly of II trespass.
The Judges decision on admitting the tcs-
timony was us follows Five propositions are
stated as the basis of IN offr to prove the
fact If adultery in this cas-. and that
fact is known by the prisoner. The
proposition is not to introduce evil
| 'ienco Of adultery rs proper under
all circumstances, but whether under
the existing state of the evidence already
given the defense are entitled to adduce fur.
ther evidence than they nave already given
! to the jury. am of opinion that the evil
dencc is admissible.
The silence in the Court MS Judge Craw-
ford pronounced this decision was almost
! painful, and us he 81 Iscd there WAS II percep
! tiblc, though silent expression OF satisfaction.
WASN'T GToS, April 10.
Judge Crawford took his scat on the
bench at 1920. And after an intervals of
several minutes passed in complete silence.
Mr., ocklcs came in accompanied by the
ialor and officers and Rev. Mr.. Haley, who
has been by his side during the whole trial.
Mr. Haley is quite Indignant at the liberty
taken with him by the District Attorney in
describing him as II clerical supo to keep the
theological part Of the House in order. It
was he who furnished the scriptural
parts Of the argument, hence the ap-
| plhcaton. Mr. Ould sought an oppor-
tunity for explanation. but Mr.. Haley
declined. The judges decision yesterday
took all by surprise. This decision hardly
covers the admission Of rebuttng evidence.
! The defence will b, through with its proof
tomorrow and the trial will probably be over
/ this day week. Two counsel sum up on
/ each side. There Is no charge from the
judge in this district.
WAsnINGroN, April 10.
Secretary Cass has expressed to the Mica
rasua Minister, his approval Of the Yrissari
treaty but the President rejects it. His oh
lection lies against the additional article
which article as amended hy Nicaragua pro-
vidcs that the U. S. will do all in their
power to enforce their neutrality laws and
Tor the prevention of any armed expedition
into Nicaragua. Others are disposed to re-
gard the ratification as an evidence Of tho
dsp 'sition of Nicaragua to cultivate friendly
relations with us.
WASHINGTON. April IA.
Thnrn is snch infn1 nation in Wnshinrtol