Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-23
Gatssi bD GrIrSrapb.
The Siokles Trial Seventeenth Day.
WAsutNaroN Anil 81

lhe Sloklee Trial Seventeenth Day
WASHINGTON, April 81
II Is In contemplation on the part OF the
defence 10 agree to dispense with
summing mp speeches on both aides, and tc
let the case 20 the jury, after the evidence
is closed. The offer made on one side will
! probably be accepted on the other. II would
be gratifying instance ofself denial on the
] part Of the two counsel for the defense
Chiffon and Brady, TO whom the summing
/ up has been committed, and would seem to
be pru dat m We Of those in the interest 1
Sickles. The counsel for the defence feel
some delicacy in making the offer, but think
il possible that the suggestion may come
from the jury, in which case they will ass
sent
The coussel for the prosecution endeayor~
ed to bring forward evidence to show the
private character Of Sickles, especially in
connection with his sleeping with lady
over night at Barnum's Hotel, 10 Baltimore;
the Judge decided such evidence as not ad-
missible
Chiffon for defense, after alluding to the
pro,Facted trial, said they were willing to
submit the case, without argument
Gull said when the law as applicable TO
this case shall have been declared by court,
then only prosecution would assent 10 the
proposition; but the case has not yet reaehs
ed that point,
Chiffon would withhold his reply to this
until the prosecution have announced the
evidence concluded on their side of the
question.
Carlisle submitted instruction to the coun.
sci for the defense, who will prepare couns
ter instructions to be argued tomorrow
morning.
In the Sickles trial the following are the
instructions to the Jury, proposed to be sub.
mitted for the prosecution If the Jury be-
lieved from the whole evidence in this case
that the prisoner killed Phillip Barton Key
by shooting him, and such killing was the
wilful and intentional act of the prisoner and
was induced by the belief that the said de-
ceased had seduced the prisoners wife, and
that the prisoner was not provoked to such
killing by any assault or offer of violence
made by the deceased upon him the such
wilful and intentional killing, if found by
the Jury upon all the facts and circumstan-
ces; but such killing cannot be found to
have been wilful and intentional in the sense
of this instruction, if it shall have been pro-
ven to the satisfaction of the Jury upon the
whole evidence that the prisoner was in
fact insane at the time Of such killing.
A painful scene occurred at the time Of
adjournment Hart, who had been unremit-
ting in acts of kindness to Sickles since the
melancholy occurrence, and who has been
constantly by his side comforting and sus-
tanning him was forced to leave for New
York this afternoon; on leave taking both
exhibited deep emotion, Sickles almost faint.
ed in the dock
An act OF reconciliation between counsel
took place in court about the same time,
Stanton came up to Ould and made an
apology for any harsh remarks he had made
use Of in progress of the case. Ould frank
| ly accepted the apology and expressed his
pleasure at tee restoration Of amicable rela'
| tions.
There is good deal of scandal current
about town affecting the character and rep-
utation of others beside the principal actors
in this drama; it would be improper, how,
ever, to give them publicly.
1t is also currently reported that the Jury
made up their minds week ago, this may
account for the wonderful weakness manir
tested by the prosecution in their rebutting
testimony and also for the unanimous dispo-
sition to dispense with the summing up
speeches. The case will probably close early
Tomorrow.