Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-26

=. 1.-THE jury believes from the evidence, that th,
u,ceesed previous to the day of his death had
sdulterogs intercourse with the wife Of the pris
Sner, and further that the deceased on the day o.
his death, shortly before the prisoner len his
mousse, made signals inviting to further act OF
ace OF adultery, which said signals or portior
o. them We're seen by the prisoner, and that in
nneneed by such proyocation the prisoner tool
the life Of the deceased such provocation does moi
Justify the act, or reduce such killing from muir.
der to granddaughter.
Granted. 5.-
The propositions of law submitted bv defence
are as follows:
First. There is no presumption of malice In this
case, any proof of alteration, excuse or justif.
caton srse out Of the evidence for the prosecution
Estate agt. johnson, Sd Jones. 266; MCDANIEL agt
phlet.) 80 =,
Second. The existence of malice is not presum.
aoe In this case, If on any rational theory consist
ent with all the evidence, the homicide was either
Justihable, excusable, or an act of manslaup liter
same cases as above cited; United States agt
Minge, Curtis, &c. RID Commonwealth ait.
York, Bennett & Heard's Leading Criminal
Cases, 505.)
These two were answered together. Ifthe Jury
were 70 mink there was no malice, Of course the
case was one Of manslaughter.
Third ii, on the whole evidence presented BY
the prosecution, there is any rational hypothesis
consistent with the conclusion that the homicide
be convicted
The answer to the third was embraced I'm the
answer to the second and third
Fourth II the jury believe that Sickles. when
TIE homicide occurred, intended to kill Ksv he
(eickles) cannot be convicted of manslaughter.
Declined.
Fifth. 1t is for the jury to determine under all
the circumstances of the case whether the act
charged upon Sickles is murder or Unsuitable
homicide. Ryan'scase, Wheeler's Cr Gases, 81
Also declined; the jury were to decide matters
OF fact, and the court matters of law.
Sixth. IL the jury find that Sickles killed Kew
m rffnin al int
the wife of the former, Sickles cannot be convict
ed OF either murder or manslaughter.
Ii this prayer referred to actual existing adultery
between the parties, OF course the homocide would
not be murder.
Not granted.
The seventh and eighth were read together and
SO answered.
Seventh. II from the whole evidence the iurv
believe that Sickles committed the act, but at the
Tune OF doing so twas under the influence of a
diseased mind, and was really unconscious that
ne was committing crime, he is not in law guilty
OF murder Days Case Pamphlet page g.
Eighth. IL the jury believe that from any pre-
disposing cause Sickles' mind was impaired, and
at the time of killing Key he became or was men
AMY incapable OF governing himself in reference
TO Key as the debaucher of his wife and at the
time OF his committing said act was, by reason Of
such cause, unconscious that he was committing a
crime as to said Key, he is not guilty of any Of
Both Were granted.
The ninth reads thus:
Ninth. 1t is for the jury to say what was the
state OF Sickness mind as to capacity to decide
upon the crninaity of the particular act in quss-
ton 1.-THE homcidel at the moment il occurred.
ana what was the condition of the parties respec-
lively either as to scufie to being armed or
!! NOT al the same moment. These are open CUES
lions Tor the jury, as are any other questions that
may arise upon consideration of the evidence the
whole of which is to be taken into view by the
} Iry-Jarboe's Case. Pamphlet, p. 10.
The Court, in answer to this. said it was for the
jury to judge of the degree of insanity necessary to
constitute acquittal. The latter portion, as to
re open questions, was granted as presented.
The tenth as follows:
Tenth. The law does not require that the in
sanity which absolves from crime should exist for
any definite period, but only that IL exist at the
moment when the act occurred with which the
accused stands charged.
Was granted.
The eleventh as follows:
Eleventh. If the jury have any doubt as to the
case either in reference to the homicide or the
question Of sanity, Sickles should be acoptted
And was answered by the same answer as was
given in the fourth instruction asked by the pros
ecution; granted.
Atthe inclusion of the giving Of the instructions,
Mr.. Chiffon, with the concurrence Of the prisoner
and his counsel, then offered to submit the case
upon the instructions, without further argument
MIR. Onld, on the part of the prosecution, at once
accepted the prof. osition.
The case was given to the jury at 10 minutes to
O'Clock, p. M. and they retired.
WAITING FOR VERDICT.
buzz Of conversation filled the room immedi-
ately upon the withdrawal Of tue jury, rising at
length to pitch that called for the interposifion
of the Court, which said that while strict silence
could not be expected under the circumstances il
was desirable that something like order should he
maintained.
All eyes meantime were directed towards the
door thrOugh which the jury must enter in re-
turning with verdict and each opening of the
door caused fresh excitement. Five minutes. ten.
fifteen, twenty, and still the jury did not makeis
appearance.
The prisoner, hopeful in appearance, but some
what iushed, remanded standing in his box sur
rounded by his friends, amongst which were the
three brothers Graham, of New York, resembling
one another closely. the Rev VIM. Haley, Messrs
Brady, Meagher, and others of his counsel, Henry
Wikof, John Savage, and others.
At twenty-five minutes past two, the public ex-
pectation was somewhat damped by intelligence
that tue jury had called for fire i'm their room
finding it cold and damp-an indication that they
were not apt to return speedy verdict.
At half past two O'Clock it was whispered in the
court room that the jury stood ten for acquittal
and two for conviction of mansaughter Other
bulletins varied the tally, placing tue nOn-acquit-
talists at four instead of two others at six still
others at eight and others at ten against and two
for acquittaf.
At 10 minutes to o o'clock the excitement which
had been pretty high previously as to how the
jury stood was unex pectedy heig htened by fresh
rumor that they stood ten for an acquttal and two
for conviction Of manslaughter.
At O'Clock, a general rush of persons from the
Marsnal's ONCE announced that the Jury were
coming in and in a moment the jury entered
amid loud cries of order from various parts of the
courtroom. The jury entered the box and were
called by the clerk. amid profound silence, so
deep as to be absolutely painful. The Clerk said
Gentlemen Of the jury have you agreed upon
your verdict!
MIR. Arnold, the foreman, replied that they had
The clerk said, stand up Daniel T.. SCkles.'
And the prisoner stood up, looking calmly upon
the jury
The clerk then said 'tGentlemen of the Jury
look upon the prisoner at the bar: DO you find the
prisoner at the bar guilty, as indicted, or not
guilty,n r.r'
The Foreman. sNot guilty.
The audience, heretofore so quiet, here gave
vent TO a simultaneous shout and all attempt at
restoring order was, for few moments, abandoned
by the officers.
Those outside the lar instantly leaped towards
the prisoner to congratulate him, and in an in
slant multitude of hands were stretched forth to
grasp those Of the prisoner, amid cheering,
ing Of hats, and the widest excitement.
Mr.. Stanton, in a loud voice, here addressed the
Court, asking that the prisoner be instantly dis
charged from custody, which the Court ordered.
The greatest difficulty was experienced by the
officers In preventing the crowd, who had COM
petely taken possession of Mr.. Sickles, from tear
ring his clothes from his person In passing the
jury-box Mr.. Sickles stopped for a moment to
shake bands with the jury, when he was finally
dragged from the court house by the excited
cr0 whose cheers nd mi Tlad ron