Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1859-04-29
The siclxles Case.

The sicl<les Case.
This protracted case draws to close. We may have
the verdict tomorrow. On Saturday both sides dcclar
ed the evidence closed We give the instructions pre-
pared for the Jury by the prosecution and defence
spectvey as exhibiting the legal positions assumed by
the parties.
Mr. Carlisle, for the prosecution asked that the Jury
be instructed as follows
IF the Jury believe from the whole evidence in this
cause that the prisoner on the day named in the ndct
ment and in the county of Washington aforesaid killed
the said Phillip Barton Key by dscharging at against,
and into the body of him. the said Phillip Barton Key,
pistol pistols loaded with gunpowder and ball,
thereby giving him mortal wound or wounds and
that such killing the wilfu and intentional act of
the prisoner, aud induced by the belief that said
deceased had scduced his the prisoners wife, and on
some day days for any period, definite indef-
mite. prior to the day OF such killing, had adulterous in
tercourse with the said wife and that the prisoner
not provoked to such killing by any assault or offer of
violence then and there made by the deceased upon
against him, then such wiuI and Intentional killing if
found by the jury upon all the facts and circumstances
given in evidence is murder. But such killing cannot
be found to have been wilul and Intentional, in the
sense Of this Instruction. if it shall have been proved to
the satisfaction of the jury upon the whole evidence
aforesaid, that the prisoner in fact insane at the
time of such killing"
Second. II the Jury believe from the evidence that
the deceased was killed by the prisoner by means of
eaden ball discharged from pistol, such killing i'm
plies malice in law and murder that the burthen of
rebattng all presumption of malice by showing crcum
stances in alienation excuse Justification rests On the
prisoner and it is incumbent him to make out such
circumstances to the satisfaction OF the jury unless they
arise out of the evidence produced against him that
any person is presumed be of the mind until the
contrary proved and all the burthen of rebutng this
presumption rests on the prisoner.
Third If the jury believe from the evidence that the
deceased previous to the day of his DEATH had had adu
ferrous intercourse with the wife of the prisoner and
further that the deceased the day of his DEATH and
shortly before the prisoner left his house. made signals
inviting her to further act of adultery which said sig
nails portion Of them by the prisoner and
that influenced by such prOvocaons the prisoner took
the life of the deceased such provocaon does not justify
the act nor reduce such killing from murder to
slaughter.
Mr. Carlisle in presenting these instructions discussed
them at some length.
The counsel for the defence presented their instruc
tons as follows -
First There is presumption of malice in this case if
any proof of alevation excuse" or justification
arise out of the evidence for the prosecution Vde the
State vs. johnson, 3 JONES' 266; M. G. Daniel vs. The
State, Smeads Marshalls, 40l e; Days case II of
pamphlet
Second. The existence of malice is not presumabe in
this case, it, any rational theory consistent with all
evidence the homicide either justifable act Of
manslaughter-T1de, same case as above cited also,
the United States vs.. Mipgo, Curtis G. g. Rept;-
The commonwealth VS. York, Bennett and Heards
Leading Criminal Cases. page sos.
Third. If, on the whole evidence presented by the
prosecution there any rational hypothesis consistent
with the conclusion that the homicide ustfabe or
excusable, the defendant cannot be convicted.
Fourth IT the jury believe that Sickles wien the
homicide occurred intended to kill Key he cannot be
convicted of mansaughter.
Fifth 1t for the jury to determine, under all crcum
stances OF the case, whether the act charged upon
Sickles murder or justiable homicide-Ryans case
| > Wheelcrs Criminal Gases, "a
Sixth. If the jury find that Sickles killed Key while
the latter in criminal intercourse with the wife of
the former Sickles cannot be convicted of either muir
der or manslaughter
Seventh. If from the whole evidence the Jury believe
that Sickes committed the act but at the time of doing
under the influence OF diseased mind, and
really unconcious that he was committing crime, he is
not guilty of murder. Days case, pamphlet p.9.
Eight Ii the jury believe that from any predispOsing
cause the prisoners mind impaired and at the time
of killing Key be became, mentally incapable of
governing himself in reference to Key, the debaucher
of his wife, and at the time of bis committing said act
by of such cause unconscious that he
committing a crime to said Key, he is not guilty of
any offence whatever. Days case, pamphlet, p. II.
Ninth. 1t was for the jury to say what the state
OF the prisoners mind as to capacity to decide upon
the crminalty of the particular act in question: the
homicide at the moment occurred, and what the
condition of the parties respectively either to scu
tic or not at the moment. These open ques-
tons that may arise upon consideration of the evidence
the whole of which is to be taken into view by the jury
Jarboe's case, pamphlet, p. 20.
Tenth. The law does not require that the insanity
which absolves from crime should exist for any definite
period but only that it exist at the moment when the
act occurred with which the accused stands charged.
Eleventh. II the jury have any doubt to the case,
either in reference to the homicide the question of
sanity, Sickles should be acquitted.
1t is the practice in the District of Columbia for
counsel both sides to draw I'D instructions in form
like the above, the law points of their case which
the Court exercises its discretion on submitting.
After presenting the instructions of the defence, MIR.
Stanton rose and commenced en- argument sustaining
them.
Mr.. Stanton spoke until about three o'clock on Satur-
day afternoon. If other speeches made, may
perhaps, have the verdict to-day.