The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-26

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DANIEL e. SICKLES
FOR THE MURDER or
p. BARTON KE Z.
farroassp SPECIALLY M rrIsaRAPH 70 BE ficH-
MoNp pfs PkrcH
PER PRINTING TELEGRAPH LINEe.}
once Ne. lsa Main street,
WASHINGTON, April 10Th, 1908
The court met at twenty minutes past 'en'-
The crowd exceeded that Of any DAY last "esA
In the interim BET ween the meeting anu 'ue
arrival OF the prisoner, those within tue psr aus'
cd themselves BY reading the sunday papers
large number of which have been Distributed.
The court remarked that 1t was ready 70 near
the counsel.
Mr. Brady said he believed ne snonId receive
rsm.rk he he intended TO submit, - had been ex.
tsnded TO him during this trial, and II he should
wander from the argument on the inssF1ct,ous,
he begged the court to interrupt him. 1t was
a estion of much Importance 20 convince ms
Honor of the justice Of the instructions which
had been asked for his client. Mr.. Brady then
proceeded to diecuss the relative questions OF law
and evidence, to be determined BY the jury. he
expressed himself a. preferring TO i've nnder oes-
potism than to believe that, In this Tree county
the ideas advanced by his brethren OF the prose-
cution. He would equally repudiate the idea that
Sicsles walked out that Sabbath morning, leaving
his wife and darling child, who bad been tainted
by the adulterer to sssassnate nus nieou, 70.
to the Derringer pistol Mr.. Brady contended that
IL vas presumption 10 the law that 1t belonged
to the deceased. They had proposed to snow mat
Key had stated that he was prepared ior any
Ast.A pvoa
There had been no testimony to show that the
pistol did not belong to key-no one been called
on to state they had never seen Key have such
pistol. MIR. b. conteDded there was another
proof sendng to show that the pistol did not be-
long TO Sickies. The bullet produced 10 court did
not At the pistol. All the evidence toucning TINS
point was simply the Adding of the pistol, freshly
exploded, near the scene Of the shootisg. No
one testified 70 what became OF the outlet That
was shot out of the pistol, or who shot 1t.
There was also some discrepancy IN the testl-
mony of one of the witnesses-Mr Delafield In
ss,ing that Sickles came down on the east sde OF
Madison Place-a statement which 10 contraalcteo
by all the other witnesses. But it was MS opinion
that IL was established that the pistol belonged to
Key. and it was beyond all question fired by MIN.
Mr. r. then proceeded TO discuss the NTH proPo-
stion whch states that sit is for the jury 10 dc.
tsrmine whether, under all the cise1mssan'es "
der or justifable homicide. He did nos agree
with bis friend that sufficient co ng time had pssn
allowed from the time s. first became aware OF tue
infdeity of his wife to the Killing ne .nen aeso
the list of the penalties which the law attached TO
adultery in the older nations OF the worio, Sisihs
both par ties in most cases with death: -,
MIR brady was pleased to know, MIS- Iiieha inc
District attorney. had inserted in Revised Coas,
which be cared Tor this dstr eta severer penalty
TOR the punish aent Vi adultery ,,haa any nov ~ "a
stence in the United States: nc @ y. that
IF the inry find that sickles killed Key. while the
latter was IN criminal intercourse with tne Nno VI
1ne ,Hrmsr mansiausnter He quoted t.
severai cases not alluded 20 Dy nr nLah.oes VIZ
sherlock tried for killiog Oiawges. in philadelphia
in 1857 that of Leusles tried for killing the se0ucer
OF his wife, in France IN 1905 ,hona IT mnc se
reference had been made IN arguments here
to the Bible, but there was one quotation whf h
s be- seproprase inasmnch as Il had been ssid
that there was no argument justifying the killing
of sn adulterer in the Bible.
Mr. h then read from the sixth chapter OF Pro
verbs from twenty seventh to thirty-htth verse;
Proceeding to discuss the question OF Insanity he
the transmission OF the mind from sanity nsani
ty In this question, all that they nod az Sed was
the same Instructions this court granted IN the
cases of Day and Jarkoe. He also ad the charge
of Judge Ali son. of Philadelphia. ia the case OF
Sherlock, tried for killing Clawges where he refer
cd specially to the question OF insanity. MI =;
kles committed tina act but at the time of doing So
was unQer Inc 1lHueQCc Oi D OIbchSou IuIpu, ouu
was really unconscious that he was committing q
crime. he is not in law guilty of murder. Eighth.
IT the jury believe that from any predisposinR
cause the prisoners mild was impaired, and at the
time Of killing Key. he became. CT was morally in
capable OF governing himself in reference to Key as
the debaucher Of his wife, he is not guilty of any
offence whatever.
He read portions of GASES cited, where this court
raled substantially the same as he asked in them.
Ifthe question of nothing to do with the
provocation in this case. he would ask bis oppo-
nenis why it bad been admitted Tracing the
manner ia which Sickles informed Mr. Woodbridge
Of the mission which he wished TO send him on, he
contended that sickies did not believe in the inf
deity of his wife at the time he delivered his re.
siied Key. he Killed him IN the act Of adultery.
REFER ng at the eame tins toilIustrate this to the
circumstances attending that killing. as proved on
this trial Mr.. Eraiy described IN eloquent and
when convinced of the infideIity of his wife on
Saturday nighttime faverish unrest with which he
condition he sees Key pass his house and wave his
handkerchief. Then, the prise ner believing that
Key is enticing his Wife, PUSHES cut, Key sees
another direction towards sickles' house. supposing
that he had eluded the husband and is met by him.
whati!' If sickles did OF use weapons. what was
he TO do! Had he not shot him down, the speaker
ss
plicat on here. The idea of cooling in connection
with the fresh provocation that morning he held
Win RESPECT W Qut1tlUu VI luhICos
Mr.. B. quoted from the case of the state against
Hill, where the accused was piave, AID tried for
killing an overseer. The immediate cause for the
act of killing WAS circumstance Of exculpatton.
In reference to the question of justification. Mr.
B supported his views Of that point. as bearing on
this case. by variou citations. and contended that
it was proper TO prevent great crimes from being
committed by hOmici ie. He would have them look
a. p
hehopsd, notwithstanding her sin, no more anguish
was in store than would be necessary to 1t.
crime. but upon whom would fall the heavy
weight of the Judgment. As TO the question OF
doubt whether there was any insanity or nos that
the defence In respect TO the greatness OF the
provocation. he quoted from number Of .nthori-
was greater in its effects upon the human mind
than could be produced from any other cause also
Of IL 81
to their condition by mental darkness through do
restic affection than from all other causes combin-
Mr.. Brady. with happy allu.ions to the dramatis
persope-the stars for the defence read from
man ~ mr. II mea
when Walker was giving his evidence, concluding
by an impassioned address to the jury in behalf
After reading the manuscript. he concluded By
saying that in view of the relations which Sickles
bore to his now lost wife before ne came 20 ms hs
world but he could or have returned to the city
haithe done anything other than that which he did
ia Kidding the world Of her destroyer. Mr. Bradys
speech occupied more than teree nouis ~ lts de,
livery and received the closest attention from all
present.. A. Oh
IN the court In reply the arguments Of the
counsel on the other side, upon the instructions
which had been prayed. He stated that ne had lis
~nments which had been presented by the counsel
Tor the defence. Especially bad he admired the
H;rnitv and boldness with which the gentleman,
an Saturday, had met ell the points presented
But while admiring this candor he must stat that
the prosecution did not stana on sns gf1ano On
not 10 try case of adultery but one ct murder
Tar above ali the questions discussed by the de-
sanea .as another far moro important, that Of the
sscyedness Of human life. There hiss never been |
nation. nor code Of lswswhere ssercdnsss OF human
,,.o ~ a hsd heen based True, the adulterer
tears the wife from her husbsnd,s side: and sspe