Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-02-25

the prosecution. The question was, the defence
having closed their evidence, could the prosecu-
tion now recall all their witnesses for the pur pose
Of further elucidaton of the subject and the cir
eumstances under which they were placed with
reference TO this point, He submitted that such
course was contrary to all the rules Of evidence.
MI Ouid replied that the evidence with respect
TO the existence Of these papers had been broug ht
out exclusively by the defence and he now pro-
posed to show how their existence first became
known.
Mr.. Phillips continued. saving that TIE question
was whether the prosecution could recall wit
hess whom they had not for reasons hest known to
themselves fully examined, and having closed
Their testimony in chief, to examine him rs to
matter brought ont by the cross-examination Of
the defence. He should not trouble the Court
upon point SO plain. He wished to call attention
70 an authority bearing on this question.
MIR. Phillip s then read a case Ia point recorded
IN Second Darlington, on page AIS where a party
was indicted for stealing peas from granary.
Mr. Carlisle did not deny the authority quoted,
Out III dld not STIR Ike him bearing on this case
lie foreSaw that the defence proposed to found an
argument on the suppositon that there CHIT have
been other things found on the body Of deceased
These papers, he had an impression he had been
Informed, were picked up from the floor, and
Were not found upon the body of the deceased
Dr. Miller stated from the stand that his impres.
sion was that the papers were handed him by Mr.
Doyle. Was il not strange that this ncyy substau-
tive and distinct fact brought out by the defence
could not be explained by the very witness who
according to the impression Of Dr. Miller gave
the papers TO hiin9 I'D. ..... - :
Mr. Brady handed the card enclosed with the
paper by Dr. stone to MIR. Pendleton to the court
Tor examination. He then proceeded 10 saw that II
these paPe > had been relevant they should have
been introduced by the prosec ution II they were
Irrelevant they should have been objected tn Inv
The prosecution at the time they were brouph out
by the defence. Now, We had revelations Which
10 say lne least OF It, were very singular, after the
prosecution had conveyed the impression that
every thing had been produced here in court which
lad been taken from the body OF the deceased
The defence had shown that other things had been
found. They produced them here and had a rioht
to infer that the body Of the deceased had been
touched by other hands than those Of the coroner
whose province alone il was to examine the person
of the deceased. They had right to suppose that
other things Were the body Of the deceased
and, with ut casting any reflections on the motive
OF the prosecution, the defence had right to the
evidence which they had brought out.
Mr. Carlisle said he understood that these papers
were not only not found upon the body, but not
found until O'Clock in the evening
MIR: Brady claimed that the papers wherever
found should have been produced Ia Court
The Court decided that the evidence of these
DR.. Miller papers, had been introduced by the de-
fence for the first time and That this evidence now
proposed to meet that is rebutting evidence. and
is admissible. but must be confined exclusively to
that.
The witness, resuming, stated that he was
standing talking Ia DIR. Miller, and some one ex-
Claimed that tie papers had been found, and wit
ness, without touching them, requested DIR. Miller
Ia take charge OF them and send them to Mr.
KEYS friends. Almost every one who came I'm the
room had access to the clothes; hut witness was
rot In the room all the time. When the pcople
lad access To the clothes IL was three hours ate,
the coroners inquest and il was this long after
the Inquest when the papers Were found Wit
ness did not touch the clothes Mr. GreenIeaf was
There; and Mr.. Morgan and others. when witness
called DIR. Mlller's attention to these additional
papers. Witness entirely forgot the circumstances
attending the finding of the papers until after they
hhd been disclosed here in court after witness was
examined here.
Mr.. Ould here proposed to question this witness
As to the appearance and conduct OF Mr. SickIes at
the time Of tue homicide.
Mr.. Brady objected.
Mr.. Ould stated that the defence had offered
testimony 10 prove the apparent insanity or frenzy
OF Mr. Sickles At that time and il was unuueston-
ably the privilege OF the prosecution to Introduce
rebutting testimony as to that.
The question was discussed briefly by Nessrs
Brady, stanton. and Carlisle.
The Court decided that Is a large portion Of the
evidence OF the defence had been directed to the
point OF insanity, this evidence was receivable
The defence had claimed that the burden of the
proof Of insanity mnst rest upon the Prosecution
This was clearly not law. Every man was SUD-
posed To he sane until II was shown to b- the CON
trary. Sanity was the normal condition of the
human rare he hoped.
The witness, continuing, stated that when he
came To Mr.. Sickles and took his arm after the
shooting, he thought the prisoner appeared more
self possessed than his expression, about his bed
being dishonOred Indicated. Did not see any
thing IN prisoners manner to indicate great ex-
element
witness if lie had ever been in a lunatic Hospital
The witness, misunderstanding the question
said be HOPED tue court would protect him from
insult
Mr. Brady promptly disclaimed any insinuation
that the witness had been an inmate Of all asylum
but the question was merely whether lac had ever
visited such place.
Witness (resuming) never saw persons in an in.
a. t,t-aI
persons in an asy lum, dancing, IA" could tell who
were insane aud no Were sane. Witness has seen
Persons of quick temper, who Were quick Ia anger
aud quick Ia become tranquil. Witness went for
the coroner. and Dr. Coolidge was there aud
called witness attention To the clothes of Mr. Key;
but witness went away. and after going for tLt.
coroner back, and remained there till aft,,
: O'clock. Witness resides in the Club Iionsa
Don't remember the names Of the pe,snis who
We're examining tic clothes when the papers in
question were discovered. There WAS an ovcrcoat
OF Keys there that had been lying in the club
house several days. and after the coroner left wit
ness directed servant 10 throw il the body
Spine four or five days after the witness was ex-
amned here before, Mr.. Windcr told witness that
he found these papers, and then witness remc.n-
bercd the fact and spoke of il publicly. Witn,s 81
was greatly excited at the time Of the killing.
TESTIMONY OF ALBERT GREENLEAF.
Was present AT Tho Club House while DR. Miller
was there On the evening In question. Some pa
pers were put in DIR. Miller's hand by police
two present, one la gray uniform aud one in blue
The papers came either from the coat or vest
The officers who held the papers held them while
witness and others were examining the pcrfora-
tiOns in the coat aud vest Saw tue officers hand
the papers To DIR. NJ, at the suggestion Of Mr.
Doyle. He observed that they were in the vest,
but witness did not see him take them out. Sew
eral persons were there; Mr.. Doyle, witness. Dr.
Miller, Mr.. Snowdon, and the two officers per-
haps one or two others. Don't remember whether
Mr.. Winder was there not.
CrOss-examined. Was there that day by 6E
O'Clock. Don't remember the precise position uf
the clothes till the officer had them in his hands
Cannot describe the officer.
Here Officer King WAS designated rs the officer
named, and he vas placed upon the stand
TESTIMONY OF JArQB F. KING. (POLICEMAN)
Officer King testified that he was present at the
Club House. Got there while the inquest
going on-stayed there till the body was removed
To Mr.. Tayloe's Witncs. was requested to take
charge Of the door Of the room where the body
lay. Was in the room and Dr. NJ came in. Mr.
Keys coat and vest We're OH a chair Witness
held them up and examined them, and witness
thinks Mr.. SnowdOn handed DIR. Miller the pa
pers. This was after the inquest
Thinks they Were taken from a fob poe ket In his
pantaloons. There was a small white handled
knife and some papers. Mr.. Pendleton and Mr..
Tayloe came for the body is pretty confident that
the papers were handed to DR.. NJ. by MIR Snow.
don lie looked at the vest at the same time wit
ness did. Witness did not examine the pocket