New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-28

some cases one Of these courses may be ~i-eri in
others IN. other-but both are legitimate, and the
inter is more likely to be adopted where in this
case the counsel many, and each wishes 70 con-
tribute something to the common cause
II j. not worth while to 20 over the ground and
show how and where the defense has made points
aeairst tie other side Suffice it TO say that all the
evidence which was really calculated TO make in their
fayor found ia way into Cour. The correspondence
Of ast Spring between Key and Sickles and the con
fssion Of Mrs Sickles. were, to b. sure excluded
but their substance was than stated 70 the
jury and in a form calculated oimpress them against
Mr. and in favor of AIR. sckles much strongly
ibau the uapers themselves could have done. There
wnsa pccuar adroitness in the nwhch the evi-
deuc. relative to the adultery got in Greatly to
the discontinue Of the District.Attorney and has
associate the point almost established before
the question Of the admissbiity of the te.tl-
monv arose and then the Court decided 10 LET the
rest come in expressly the ground that It wa ne
ccssury TO explain otherwise unmeaning facts. Nr.
Ould himself naIvely admitted, in effect that he had
been eutwitted.
The conduct of the prosecution far it deyOlyed
upon Mr.. Ould was indeed, lame thrOnghout-irom
the opening address the Jury, which furnished ~
was surmised at the time of it's delivery, ammunition
10 the enemy, TO the close of the acknowledgement
which point cannot speak, not having been present
Tie croSs-examinatOn Of the prisoners witnesses
WAS except in one or two cases, when II was con-
Quoted by Mr. Carlisle, far from being thorough or
searching; while the Government did not seem 20 know
a lot Of what its own witnesses would testify to, and
the rebutting evidence called, strengthened the
defense materially Mr.. Ould although very much of
gentleman evidently has love for his profession.
At no time did be manifest a real lawyers ardor or
ambition, and in private he admitted more than once
d at the case fatgued him, or gave hmthe headache.
For this reason il was, probably, that he stunned
argument upon questions that toward the close
Of the trial. Mr.. Oud loves peace too much to be
good advocate.
One criticism, however, which has been passed
upon the course of the prosecution, arises from
misnppreheusion of the facts. allude to the adms-
sion Of Mr.. Robert j. Walkers testimony without
objection. Strange as it may appear, Judge Cfaw-
ford had IN other admitted evidence OF similar
character, and the prosecution did not Of course,
wish to raise Il question on which they were sure to
be defeated, and to lose ground.
or Mr.. Carlisle, who occupied most trying posi-
ton and was exposed to insult and irsnuation almost
iom the beginning is but just 10 say that he joins
10 unusual legal acuteness readiness and tact remark
able courtesy and sefpossession, and happy gift of
silence I heard more than one person, whose pre-
possessions were with the prisoner express his I'M
qualified admiration of Mr. Carlisles course through
the trial. Any one who will recall the circumstances
under which he took part and the provocatons, both
from counsel and the press almost amounting to per-
secuton, to which he was exposed, will, am sure,
echo the deliberate Judgment OF one who closely
watched him in the Courtroom.
Almost all the errors Of the defense out of the
fact that there were too many counsel present 10
court. Thus, his associates were obliged to permit
Mr.. Magruder to make a most unfortunate speech,
unnecessary and nopportuneit was in point OF fact,
couposed with q view TO one discussion and deliv-
cred in the course Of another-smpy because he had
not had his share of the active and open work OF the
case So too, one Of the counsel would sometimes
interrupt an associates examination OF witness, 10
the general disadvantage. The introduction of side
issues, attacks upon Mr.. Keys relatives, attacks
upon the morale Of the prosecution seemed calculated
To preiudce the cause of the defense but were, in
some cases made for the purpose of overuwng, and
In others as a convenient blindMr Oud and Mr.. Car
Isle being induced TO let in testimony, MS gentlemen,
which as lawyers they would have sought to exclude;
as for instance that concerning the alleged removal
oithe lock upon the house of Gssignat;on
/ have sometimes thought that the manufacture OF
sympathy at Washington for the prisoner might be as
ill.iudgcd in point of policy a. il was Objectionable
on other grounds. But, as regards the immediate
result at least, / am now undeceived.