Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-08
Think h handed N.

=
On the following morning. rs hopss after death.
ness. There was no injury about the head There
was a bruise ON the little finger Of the left hand
On opening the body found a large QUANTITY OF
blood in the cavity Of the belly. The course Of
terror and under edge of the spleen, and made
deep groove through the upper end Of the kidney
and entered the large lobe of the liver within a
half inch from the great vein Of the liver Itthen
broke the eighth rib on the right side and lodged,
a. before stated under the skin. There was an
unusual quantity Of fattened matter about the
heart, but the structure Of the heart was healthy
Mr.. Ould asked the witness to state what was
the Probable position Of the deceased when the
wound was given. :
DIR; stanton objected; that that was for the jury
to determine.
Mr.. Ould argued the question, and stated that
the ball penetrating the Spleen the kidney and the
liver in fts course would have wounded the intes-
tines had the deceased been In an erect position
was that witnesses were prohibited from giving
their opinionsin matters Of judicial investig
This was not question Of science, but Of fact,
and 1t was for the jury to determine what the re-
lation between the parties was when the shots were
fired.
Mr.. Ould claimed that the question was legiti-
mate, ii being competent for the witness an ex-
position and touching the vital parts described,
must have injured the intestines.
Mr. Brady did not deny that a physician or
surgeon may express more learned opinion. but
as evidence before the Jury.
The Court decided thatthe question was COM
petent one. 81!
Mr.. Brady noted an exception to the ruling.
The witness stated that the course of balls In the
human body is very tortuous at times, and diff
cult 10 trace. His opinion was that Mr. Key must
have been in semi-recumbent position on his
right side, with his shoulders higher than his
ms he af cd lie l..
an Assistant Surgeon in the U. s. Army is meas
urably acquainted with gun shot wounds; thinks
this wound was made with pistol.
Mr.. Ould desired to know what kind of pistol
this wound was inflicted with in the opinion Of
the witness.
Mr.. Brady objected to the question being asked.
MIR Ould stated the point he desired to cover by
the question.
The Court did not think it was an admissible
Question, and it was accordingly not put
The witness resumed, and stated that he cut the
ball out of the wound himself. Thought he could
recognize IL.
The witness was here shown ball which he
said was the one TO the best of his knowledge II
been marked in his presence. and this resembled
the one taken from the wound
Mr. Ould asked to what class of pistol the ball
belonged.
Mr.. Brady objected to the question 1t would
surely not be claimed that physic ian was an adept
In firearms. [Laughter.l
Mr. Ould contended that an Army surgeon must
understand the nature of firearms to be able to
discharge his duty.
Mr. Brady thought surgeon in the Army could
discharge his duty without dscharging firearms.
(Laughter
CrOss-examined by Brady.-The wound in the
groin was three inches from the shear bone near
the main artery and inst above the main branch of
that artery. 1t was a flesh wound and not mortal
or even severe. IL was a wound which would
grievously disable a man. Witnesses attention
had been called to the affair by the shots. When
witness went into the club house six or seven per-
mi n ON in cb.rtre ofth no
body when he first saw il. Was present when the
coroner took the opera glass case. 1t was taken
from the left hand breast pocket of the coat.
Thinks the case was closed when he saw it,
When witness felt for the wound in the thigh
be felt loose change and keys in the pocket of the
pantaloons. Every thing was given to the Coroner
as soon as taken from the clothes. Witness also
saw very small pearl handled peBknife. The
inditia about the skin on the left side, by which
witness would determine that the abrasion there
was made by gun shot, would be the cores
pondence between that abrasion and the injury to
the clothing the coat, vest and shirt Immediately
over 1T. This opinion Of course not infallible.
but il was witness's opinion. There is no law
that infallibly regulates the course Of ball after
anatomical examination what obstacles interpose
to change the line Of ball. Mr.. Key was tall
man, 81 or feet high, witness thinks.
Mr. Sickles here was asked to stand up, and the
witness stated in answer TO question of MIR.
Brady, that he thought Mr.. Keys height was about
the same as that of MIR. Sckles. IL Mr. Key was
falling, and his body was in the same position that
witness assumed il to be when he saw IT, the 70
suit of the examination would be as witness has
described. Witness reiterated his opinion that
person receiving wound Of this character must
have been in reclining position. Whether that
position was brought about by his being i'm the
act Of following, or on the ground, he would not
undertake to say.
TESTIMONY OF DIR. R. K. STONE.
DIR. r. X. Stone testified that he assisted at the
examination of the body, both Mt the Club hOuSe
81 H.
testimony was to the same effect that Of DIR.
Coolidge. He was not crOss-cxamined, and at the
close OF his evidence the jury took brief recess,
1t being then just O'Clock, p M.
WITNESSES RECALLED.
Jas. NJ. Reed, recalled by United States, stated
that the party east had pistol, and the party west
had no pistol as described Yesterday.
Van Wick recalled by United States. Saw no
pistol in Mr.. Keys hand.
Mr.. Stanton objected to this repetition Of ques-
tons. IL was the Same thing over again.
Mr.. Ould stated that he had not asked either Of
these witnesses these questions Yesterday.
The Court decided that this had been allowed
once, in his experience, where there was an mad
vertency on the part of the prosecuting attorney
Mr.. Guild was about to proceed, when
Mr.. Stanton interPosed that the prosecutor must
state that he had not asked these questions through
inadvcrtence.
The Court stated that the point was already de-
cided.
TESTIMONY OF cnAkLKs wINpKR
Charles Windcr testified that he arrived at the
Club House at * p. m, and remained there till
the inquest was over. Witness assumed some
charge If the body till the Mayor came. Every
thing was taken from his pockets when he was
stripped. There was case. some KEYS and some
money. these were passed to the Coroner, who
passed them to Mr.. John A. Smith.
These were all that was taken, except some sleeve
buttons and ring, which were taken from the
body by Mr.. Ogle Tayloe, a relative Of the de-
ceased.
Mr.. Ould here proposed to offer the pistol which
had been presented in Court; also the ball taken
from the body, part of the evidence.
Mr.. Brady wanted TO know on what grounds
they were TO be offered
Mr. Ould replied, giving his reasons
Mr.. Brady stated that the defence would make
question that the decease came to his deaths by
the wounds described by the physicians. But as
to this pistol, II was picked up and handed to the
coroner in the Club House. No one had seen il
fired or used. IL could not be regarded as falling
within the rule Of the gSSid.
Mr.. Oud contended that the evidence disclosed
that the pistol had been picked upon the identical
spot occupied by the prisoner when he fired the
shot .
The Court said that his pistol having been found
near the place where the mortal wound was in
ficted. and the ball also, was part of the whole
Transaction, and in his opinion both Of them should
go before the jury.
Mr. Ould here stated that the United States had
now concluded its testimony in chief.
Mr.. Radcliffe stated that the defence proposed TO
ask the Court that the District Attorney should
call crrtain witnesses. among them Mr. Butter