The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-08

EVIDENCE or p. v. Il. VAN wYcK.
p. v. R. Van wyck was the next witness
present al the time Of Mr.. Keys death; was on |
The north side Of Psnnsy vaniA avenue, In, front Of
Commodore hcCaueys residence; noticed two gentle
men on Gunnes corner, apparently in conversation;
saw one Of them retreat up Madson place. the other
raise his arm; heard the report Of pistol and
menced running towards the place; both parties disap-
peared from sight up the street; when he turned the
again saw one man lying the pavement
less, and another man standing by him with pieto in
his hand the latter presented the pistol at the lying
down, and snapped it; him cock 1t and present IL
again. and heard snap, but did not see Il, turned
away my head parties approach the body from
the north, and pick up; he (wtnese) approached and
the lfeess, and turned away; saw no more
Of The kilng he swtnsss) was Walking eastward when
McCAuley house between May nards house and Riggs
bank the gentlemen appeared standing north and south
the who fred WAS standug southwark; could
see the space between them; the who
STOOD north retreat that the who was dred az
the distance between the At the time OF nrng was
about six feet could PAL y the fired at could
bis front; could entirely the man who hreo he was
three our eet north Of The lamp post he witaes)
o-What happened Immediately after the nrss firing
between these psrtess
wtness-rhe gentleman whom partly saw disap
peaed from my sight, as If following the other; was
running at the time, and my attention was not altogether
Q-when you got to the corner what did you seer
wtnefs-I saw one man lying on the pavement and the
other standing BY him with pistol IN MS hand which he
Q-hd you get up near TO themS "
Nitness-I stood at the corner.
Q-Did you recognize either Of the parties?
WINGS recognized the man who had the pistol
Witness-Dane F. Sickles, the prisoner at the bari
knew him only by sight
Q-Whom else did you therep
wLness-I saw Mr. Batterworth, and Mr.. Martin and
Mr.. Uyebur.
Q.-where were theyP
Witness-I first noticed Mr. Butterworth as was ap
preaching the corner he appeared To have just come
down Madison pace stopped at the corner and looked
up Madison place; alter the last shot was fred saw him
| approach the railing and rest upon It,
Q-Where the other partesT
Wtness-I noticed Mr.. Upshur aud Mr.. Martin immedi-
aey after the pistol was snapped leaning over the body
Odd you any other act Of firing except the nrsts
Mr. Brady thought that after the witness had given
full narrative 1t was hardly worth while 70 90 over the
The Judge thought the counsel had right TO ask fur
| The question was then repeated.
Wpess--I mentioned that saw two hrings.
Cross examined by Nr. Brady-About how far were you
from the corner OF Madison place when you heard the rst
| shoil
witness In the nelghborhood Of fifty yards or between
forty and hy ran TO the corner could not form any
true estimate Of the time took me 70 get there; could
not tell what time elapsed between the arst and
dison place and the end OF the transaction should
say it within two three minutes heard three
reports Of pstol they were not IN rapid SUCCESSION
there was about equal interval Of time between the
irst and the second and the third reports.
Odd you hear any thing said by either party during
Wimess-I heard excamations, but could not distin-
Them they proceeded from s Party Who rsrenssd
there, come up and speak 10 Mr. sickesS
Odd You see any article living on the pavemensq
Wness-I saw pistol, single barreed one, stocked
| To- the end Of the muzze; think IL was wnat is
Of the pavement about yard from the crossing,
and IN about The same place where the party who fired
fifteen where Mr. Key was lying; the pistol was
on the east SIDE Of the pavement that the last
Of s saw DO other srce lying there did not notice how
Mr.. Key was dressed till saw him in the Club House;
could state whether he had overcoat he retreat
| ed witn his lace toward Mr. Sckies. let4
EVIDENCE OF EDWARD DEL AFrELD.
| Mr.. Edward Deaheld was sworn--He heard
the report OF pistol; saw two gentlemen near
| the crossing; the shot did not seem to have
! any effect Mr.. Key, who exclaimed, "Don't
shoot me-" "Dont murder me;' Mr.. Sickles fol.
lowed him up Mr. Key crouched behind tree; he took
Mr.. sckes by the right hand, when Mr. Sickes threw
him of and fired; the shot took effect Mr. Key falling
reclining his arm; Mr. sickes approached him. put
pistol TO breast and fred again Mr. Key fell over as
fdead gentle men came running from the Club House 10
which the corpse was aken after all the shots fired
Mr.. Sickes walked of with friend in the whole
affair did not occupy more than Two minutes be (wit
ness) noticed Mr.. sckes SO much as to say
to friend, "There goee Dan. Sckles he did the
first shot; did hear what said bet par.
tes he od not observe the character Of the pso
did he Butter the
shot bo,n Mr. Sckes Mr. Key were in tue middle of
the street, the first shot had been fred before saw
them.
EVIDENCE OF JOSEPH DUDRow.
Joseph Dudrow sworn--I Mr.. Key jump aside; as
he did Mr.. sickles raised pistol and there was
scunle for a minute two Mr. Sckes ran TO the flag
stone; Mr. Key followed him up, but did not sue
ceed in catching hold of him; he then turned
onEMr. Key, who reireated backward for gone
time Mr. sickles fired, but whether Mr.. Key
ha. xtI NJ.
"Murder Mr. Key then retreated tho tree Mr. Sckes
following him up and firing; Mr.. Key fell on the pave
ment; Mr. Sickss then put the pistol 70 Mr. Keys heat
but the cap snapped only three shols fired to my
knowlecee; ourpg the proceedings heard Mr. Sickes use
the words my bed " but could not hear the remainder
Of the sentence Mr.. Key then lying the pavement
others ran up but they were all strangers 70 him (w
ness).
Answers to questions by the defence-He (witpess)
did not body that he acquainted with; could
say whether Mr. Kay took hold OF Mr. Sickles
Keys head that Mr. Sickles "my bed saw Mr. Key
lifted up; have faint impression that Mr.. Key
throw something at Mr. sicles; all the shots were fired
EVIDENCE OF RICHARD n. DowNER-
Richard N Downer examined by the District Aitor
ney-Resdes in the Dlstrct not present at the me
Of Mr. Keys death; was standing st the Of Ff
eenth street and New York avenue, when heard the
report Of pistol; persons stop the avenue
opposite Sixteenth street, up and heard the report
another pisto before got to Mr. Maynard's house there
was another report; about turning the corners
heard snap and thought was close enough 10 it, and
did not 60 any closer (aughter) lodged back little;
went back after the shooting stopped Qausher) and
saw Mr.. Key lying on the pavement knew him by sight
and reputation; aperson whom understood to be
Mr.. Sckes the prisoner at the bar Is that gentleman;
Mr. Key lying his back; Mr. Sckes was fourteen
fifteen feet north Of him. Iheard him make remark, which
seemed 20 me, is the damned scoundreln or the Il
"damned rascal deadY' saw pistol In NJ. Sickles
band looked TO be revolver picked up the pistol at
the corner, twenty Ave minutes after the occurrence
Derrnger pistol; took up and looked at IT. was
not loaced looked at II In the Club room there
exploded cap the nppe did not observe other
Of its beng recently exploded gentleman take the
cap and blow through the bare after examining with
a pen handle whether II loaded; afterwards handed
the pistol TO the Coroner did not sec any the arng
had a brick house between me and the pari D.
Croes.examned by Mr.. Brady-I handeo me pistol 10
the Coroner where blown out before the Coro
ners jury; the Coroner was the first person to whom
handed the pistol.
The District Attorpey--Certainly.
FyIpENCE OF CYRUS II. MCCORMICK.