The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-09

District Attorney to the witness-From the course
direction OF the ball please stateS what the pcsto
OF the deceased ut the time the shot fred.
witness-I beg permission premise my answer b
saying that the pistol balls is at times
tortuous and difficult TO trace but my opinion, forme
been in semi recumbent POSTURE; In other words
that Mr. Key must have been lying his righ
aud the shoulders a little higher than the hips
cannot understand how the spleen Of the kidney and tn
liver could have been wounded IN the precise mamie
Understand that ball have escaped the ntestnes
stomach and great artery in different position althoug
the probabilities that, lying in that position, somewhs
turned the right the stomach and intestnes fall for
ward making the probability OF their escape from tn
ball the greater; connected with the army OF In
United states as Assistant Surgeon; measurabiy famia
with guDsho wounds have no doubt that this wound WA
inflicted by pistol shot, but in our language we cali al
| wounds by firearms gunshot wounds.
Question-Could you give opinion as to the style
| pistol with which this wound was ntiictcdS
The District Attorney argued that the question was
proper. w.
The Judge ruled against it,
The witness ball himself and thinks ha could
recognise II; II was marked. pistol ball handed 10
witness ~
Question-Is that iis
WnessTo the best OF my knowledge and belief II is
i has the mark made on In my presence by Dr. Stone
or one exactly like It.
Questiop-To what particular classification os ro,o,s
does that ball commonly beong7
Mr. Brasy objected He did not know that ply stefan
u
District Attorney-Certainy II he is physician in tho
army not, he cannot discharge his duty
Mr. Brady-I think he discharge bis duty without
dischargug firearms Iaughter.)
Witness 10 Mr. Carlisle rhis is the ball we extracted
from The right sde is the only ball found the ban
IN the groin passed through This ball. on being applied
10 the Deringer pistol IN court, and which has large
BORE found to be too large for t. 90 that there must
have been third pistol the bore OF toe revolver being
stu smaler Witness described the nature Of the wound
IA the gro saying among other things it was near
the main artery aud just above the largest branch the
vesse woun aea was an external vein-a flesh wound
severity would depend on after consequences ordina
my such wound would not be severe but might have
left ameness for long time.
10y Mr.. Brady-Witness' attention called TO Mr. Kew
ny the Shots be heard; person came for him. went INTO
tne Cub House and found him breathing his last not mora
man SIX or seven persons were there including Co
ored men, 10 the best Of his belief the white persons
were Messrs. Doyle Martin and Upshur was not certain
taat he ssw rdba there person having charge of
MT hey, strictly Speaking; present when Mr. KEYS
pockets were searched ook the opera from hs lett
sac pocket oil his coat ais esson was that the case was
cseo anu empty 10 saw keys, but could identi
shose exhpHeo' in pulling down the pantaloous to
tsoet'ah the nature Of the wound be felt sons
oose money 'na tho keys he thought everything
49, " ne Coroner he knew no characteristic pre-
" itself which could determine from the abras.o
NJ, ~ sc pursued by.a ball.
DIT ady inquired whether there induces which
Id iniatly determine that an abrasion was made
Winess-rhe holes in the right side coat waistcoat,
linen flannel shirt settled tue matter in ais mind
but this opinion was not naiiibe merely assumed
that the hole 10 the clothes was made by the ball
Mr. Brady-nd you ever see anything else that could
make such hole?
WNness-No Judge from the frequency have seen
clothing pierced by shots.
Mr. Brady-wbat is the peculiarly of hole in vest,
or other clothing, made by ba2
Witness-You asked my opinion the marked peculiar
~ cannot describe; you have asked my opinion.
Mr.. Brady--You have said that the course Of pistol
ball is frequently tortuous is there any law which regu
lates such courses
wi,ncss-Noue at all the ball does not necessarily go
IN the line of projection there 10 nothing but post NOR
TEN examination TO tell the course of a ball.
After further interrogaous upon those points the wit
said he thought Mr. Key and Mr. Sckles nearly
of the height Key was, probably, five feet eleven
inches.
Mr. Brady-Suppose two men are engaged in scufie
tussle each endeavorng to overcome the other, and
struggling for lite death, attempting to thro the
other dischargng pistol, is there any possible
position OF the parties which would show the shot could
prodnce such course?
Wltness--The position Of the body must have been on
the right side with shoulders little elevated
the hpe the body inclined to the rgnt whether the
body supported by the and not by anything ese
don't know; the Of the ball must have defended
on the position Of the body, as have described It,
Or. Stone, who assisted at the possmoItem exami-
nation, testified TO the character Of the wounds,
identify ing the ball which was taken from the body.
The jury took ut O'Clock for five minutes.
JAMES n. REED RECALLED.
After recess Mr.. James N Reed, who was examined
yesterday recalled by the District Attorney You
stated yesterday that when you these parties at the
corner that you pistol In the hand Of the party
the Was pistol n the bands Of the other part
witress-No, sir; nothing in his hand
p v. R. VAN WICK RECALLED.
P.vR. Van wyck recalled-could not from where he
stood distinguish what was the hand of either party
the contest
Mr Stanton objected to this recalling of witnesses.
The District Attorney submitted that damage could
be sustained by the defence, they bad not entered
their and he had not examined these witnesses on
this point before
Mr.. Phillips conended that it could not be done, the
matter was not brought out on the cross examnaton
The Judge-On general rules the practice objectona
ble but II the District Attorney through inadvertence
omitted To ask the question: the witness certainly might
be recalled and the question be aske 1t matter OF
Mr. stanton wanted the District Attorney to state to the
Court that he had through inadverence, omitted to ask
the question. II the District Attorney did not up
70 that point they would object
The Judge would not require the District Attorney to
make that statement The Court IN itS discretion would
permit the question.
The witness repeated that he could not distinguish from
where he stood whether either party had pistols in their
hands.
EVIDENCE OF CHARLES II. WILDER.
Chas. H. Wilder examned-Was present at the Club
House at halfpast two O'Clock on the day of Mr. Keys
death; went into the where Mr.. Key lying, and
remained there till the close Of the Coroners examination
assumed sort Of charge Of the body till the Mayor
came, when the Mayor requested Mr.. White to take
charge; witness and Mr. White kept charge till the Coro
everything taken from the pockets Of Mr.
Key these were the case OF opera glass some keys
and some money they passed to the Coroner
and by him handed to Mr.. Smith; these all the art
Giles taken, except pair Of sleeve buttons and ring
which taken by Mr. Tayoe connection OF Mr.. Key.
ThLs witness was not cross examined.
THE BALL AND PISTOL.
The District Attorney proposed 10 offer in evidence the
Deringer pistol, which had been identified, and the bail
Mr. Brady-0n VIVA, ground do YOU offer these ev
dencef
District Mtorney-Because they the implements Of
death.
Mr.. Brudy-Who proves that
District Attorney1he doctors prove as 10 the ball.
Mr.. Brady-I beg your pardon.
District AttorneyCertanly; they have identified tn at
ball as having been taken from the wound.
Mr.. Brady-The pistol not identified.
District Attorney-We offer the pistol on a distinct
ground, as having been found the spot where the
killing took place
Mr. Brady-so far the ball being offered in evidence
1t was wholly Irrelevant Nobody denied that Mr. Key
died of that wound.
Disrict Attorney-We did not know what would be dc.
MED admitted.
Mr. Brady-The prosecution Is in the condition az
the defence. They would make question TO SIR Keys
dying OF the wound described What then did the pre-.
sentaton Of the ball proven Nothing all. AS for the
pistol what the evidence? That II found the