The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-23
The LAW POINTS OF THE PROSECUTION,
TIE CASE DRAWING TO A CLOSE.
Amicable Feelings Re-estabhshed BE-
tween the Lawyers.

SPECIAL REPORT TO THE HERALD.

stspd evidently to gain me for the prosecution see re
ID smndsi and suddenly the District Attorney dssp-
Pearee, which put regular stay to all proceedings
When the District Attorney came back there was
Q conference between him and Mr. Brady. Wher
both gentlemen advanced and held q conference,
With the Judge, the jury and public were ON toe
s~s riue TO know going on, and the reporters
for the first time nonpussed Atast the Judge ak
profound silence said that certain evidence had beer
Submitted to him privately by the prosecution to know
he thought admissible His opinion clearly that
vas not II amusing 10 the puzzled look Of the
Jury who had eagerly watching TO know whist was
eerg on and who destined 10 ascertain what
the mysterious evidence consisted or 1t was conjectured
tAat had something to do with the supposed antecedens
Il Mr. sickles which certainly had nothing to do with
the case and 1t was wondered that the prosecution
could even privately Cher such idle gossip in evidence
against unfortunate as the prisoner Is admitted
~ be.
After this incident the prosecution declared they had
two witnesses est inuentn, and proposed to
adjourn Mr. Brady objected 70 tins unreasonable delay,
said he willing TO submit the at once TO the
Jury. was observed that the jury almost disposed
70 hurrah at this proposition, go anxious are they
10 escape from their long Imprisonment The prosecution
said they would go to the jury after arguing their nstruo
te0s law points 1t ia the custom OF this benighied
District for lawyers both sides argue before the jury
instead Of the Judge performing this important duty in
Kngland and New York. Tomorrow short discussion
will therefore the lay applicable to the case &C
eOrdpg the views OF the prosecution and defence, when
Ae will be submitted to the jury who will probably
make short work ofthe verdict
Al the close of the court some Of Mr. Sickles devoted
friends bid him adieu and he seemed to be 80 deeply az
Secsed to weep There is no doubt tina. his
system s completely shattered by the sniferngs and
anxiety he has undergone. To morrow, them will proba
bly, be the last day Of this absorbing trial.
Reyerdy Johnson vas in court all day. and seemed to
be comforting with both sides, ame His in
auence no doubt was highly useful
PROCEEDINGS BEFORE THE COURT.
WASHINGTON, April %, 1859.
in contemplation the part OF the defence 70 agree
70 dispense with the summing up speeches both sides,
ard 70 let the case 60 to the jury after the evidence Is
closed offer is made one s6eit will probably be
seped the other 1t would be gratifying instance o.
self denial the part of the two counsel for the defence
kessrs Chiffon and Brady 10 whom The summing up has
been committed, and would to be prudent in
the interest OF Mr. sckes The counsel for the defence
feel delicacy in making the offer, but think POS
sibe the suggestion may from the jury, in which
ease they will assent
The mode of procedure here is somewhat peculiar
Amer the evidence is closed, either side may ask tn,
Court for instructions TO the jury the law and
asked the Judge has nothing whaev 10 say ~ ht
Jury in the way of charging them. II instructions
asked by the side and objected 10 by the other the
natter argued, and after the argument the Judge in
structs the jury, when the summing up speeches arr
made, the counsel for the prosecution having the las
word The Judge has nothing further say the jury
In this case the prosecution ask for instructions
the defence will not and thus argument that point will
be avoided and the Judge will have right 70 instruct
The jury
The three wtnesses--McElhone, Brodhead and Halde.
mar-who attached yesterday, were called, but
neither OF them answered
Mr. Charles a. wnder, member Of the bar, addressed
The Court saying he wanted to make explanation
gard 10 the testimony Of Mr.. Doyle.
The Judge- is out Of the usual course and do no,
how be done unless you put the
winners.
M. Ould-That is what he proposes 10 do
The Judge-n is not for witness TO call himself.
Mr.. Carsle--Mr winder himself feels come desire on
The eubeot; there is part
The NEUTRALITY-SUSPICIOUS. have become frequent as to
be annoying that is not the object OF testimony at ALL
there be no objection, 1 have none.
Nr. Brady-we have none.
Mr.. wiuder-I do not know II the counsel will indulge
me TO refer 70 the conversation 10 which Mr. Doyle
fevred yesterday. BY dong think make It very
clear and plain. Unless they do have simply TO state
That Mr. Doyle was utterly mistaken in saying that had
told him these papers found the person OF Mr. Key
Mt the time Of the Coroners inquest What happened
aerwards do not know, because left at the conclusion
of the testimony and did not go back.
Mr. BsadyI think tina, fully meets al that was said IN
respect 10 you.
M winder-I desire distinctly 10 gay tina. a, the time
NAo a~voh
Coroner inquest there not scrap OF paper found
The Judge-No one says there was
Mr. Winder-Mr. Doyle says said there was
The Judge-lt Is mere conounding OF the two cases
ORGANIZATION OF JOSEPH DUDRow.
Joseph Dudrow recslled-I did not think Mr. Sckle
any excited than any other man would be in
fight anything Of that kind; when the last shot wa
nred was thirty five or forty feet from him; did
hold any conversation with him.
Cross-examined by Mr. Brady--I have frequently eeeI
Mr. sickles in Congress.
DETERMINATION OF Mr.. DKLAFIELD.
Mr. Delaheld recalled--As 10 Mr.. Sckles appearance
and manner II rather COOL after he shot Mr. Key h,
walked away very quietly he put the pistol in his poke
afterwards; saw nothing strange in his before
he met Mr.. Key; this my impression after reviewing
the affair.
Crossexamned by Mr.. Brady-I thought from hl
nrpg such number of shots that he was rather cool
Mr. Brady-From that should think no was rather
hot.
whness-I never saw Mr.. sickles under excitement be
fore.
Q-what was the distance between you and Mr.
fSckes?
ADswer-I did not measure it, II abou. the widt,
Al the street. did not know the color of Mr. Sckes' eve
all saw him In court; thought he walked rather cree,
and very dgniedy cannot say whether he walked sov
fast.
EXAMINATION OF CHARLES II. O. LEWIS.
Charles II. G. Lewis sworn--Am connected with th
ObngreatOnaI Glo5e Office have here the proceeding
Of ,he House for Friday and Saturday 25th and Goth Feb
ruary last.
To question by Mr. Carlisle-The reporters kessrs
Kinks, smith hcFlhone, Andrews and Hays don't know
whether Mr.. Andrews lie IN the city.
M. Carlse--Iake care OF these papers.
Mr. brady--liave you looked into these corpnent roll
70 zee now much Of them pertains W Nc Sckesg
days
Mr.. Brady-Judging from the bundles should be very
much alarmed at these speeches. F7'
Mr. Carisle-They are short speeches made under this
ave minutes rule. This evidence is offered 10 chow tbe
condition OF the prisoners mind on the Friday and Stnr
day previous 10 the killing Of Mr.. Key.
Mr. Brady--We don't object TO that
Mr. CarlisleI know that, but want the Court TO IN
deretand our purpose.
Mr. Brady--We admit that Mr. Sicsles Addressed ,ho