The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-19
Il r. IAI OF
DANIEL E. SICKLES
FOR THE MURDER OF
p. BARTON KEY.
CONTINUATION OF THE EVIDENCE FOR THE
DEFENCE

Il ID "A III l. ~ ~ N II 4.
CONTINUATION OF THE EVIDENCE FOR THE
DEFENCE
tRRroSrEp SPECIALLY BIT rELxaAArH yoR THE RICH
MoSp prsrArcH.l
Per WasnrSarox AND MEMPHIS TELEGRAPH LINE.
ONCE corner Main and Pearl sts.
WASHINGTON, Monday, April Is.
The court opened to-day at the usual hour. The
samelsrge crowd was in attendance.
The regular jury was polIed, and dismissed until
Monday two weeks, thus Indicating the intention
on the part the Judge TO admit the evidence Of.
fered
The counsel for the prosecution are Inundated
with country newspapers, con taining editorial com
mentt in regard to the conduct of the trial. They
have nc time, however, to profit by the sage sug.
gestioBs therein made.
MIR oud proceeded to close bis argument
against the admissibiIity Of evidence offered to
prove adultery. Ia reply to Mr. Brady's interroga.
tories saturday, asking on what were the jury to
pass, II the court determined the justiic alton
provocation aud cooling time, he held, that
they were TO pass upon the action connect,
ed with the killing and apply to Il the Law
as ruled by the court with reference 10 the
provocatiop, justification, etc. If man were in.
dicted for poisoning, would counsel claim that ev
dence Of provocation, justification, etc, should
be given Did not the law declare in such cases
there could be no jastihcationi 1t was the con-
slant practice of courts TO pass upon Justification
etc.
Judge Crawsord--At a different stage from this
however.
MIR. Brady-We utterly refuse to enter sny dis
cussion of any question at this time, except Nba,
relates to the particular point before your honor
We offer to prove habitusl adultery. As to justi
fcatior, ,provocation and cooling time, he proposed
to be heard at future time. In asking the cour
for instructions to the jury, We mean to insis
that they the judges of the law aud facts.
Mr.. 0uid had certainly misunderstood tho srgu
ments Of counsel, if these questions were not nov
before the court.
Mr.. Phillips-If the evidence has a tepdenc,
towards justification, that is sufficient.
Mr.. Ouid held it had no such tendency, for Il
law the facts amounted to neither justification O
provocatiou. He cited several authorities 4
point.
Here the Judge dismissed the Grand Jury for
70 rtnight.
Mr.. ould resumed in reply to Mr.. Phillips pro
position. 1t had been argued that the evidenc
WAS competent as affecting the question whethe
the prisoners passion was real or feigned It ha
also been argued that the deceased was giviu
signals at the time of his DEATH and that therefor
the evidence was competent. But if, as the prose
cution held, adultery was not legal provocation o
justification, how could an invitation to it be 30
The argument was continued at great Iepgt
by counsel on both sides, ending at noon. Tn
court then gave its decision, admitting evidence G
adultery, on the ground that it was competent 70
the jury to know what the waving of the hand
kerchief meant, and to explain the expression @
the prisoner, already admitted by the prosecution
Mss Nancy Br0,cn, caled.-Was AGO uainted will
Key, and knew Mrs. s. by sight. Last time sh,
saw Key was the Wednesday preceding his death
On that day saw him take a key out of his pocke
and unlock the front door of the house on I5tt
street, and enter. Saw Mrs. S. enter through th.
back way, and go out in a like manner. They re,
mained there about an hour. Saw Key 90 with
her to the back gate and let her out. He then
went back to the house and came out the from
door. They met each other again immediately
Knew it was Mrs. s. by inquring of different per
sous, and seeing her in own house. Previous {,
Wednesday, had seen Key accompanied by tn.
same lady who had hold Of his arm, go In to thi
house three times; that is once a week for three
weeks. Wednesday was the only time she saw
By Mr.. RadcifFs-Did you ever see Key there by
himself-snd did he ever say anything to you
about the houses.
W,taess-He came there the latter part of Octo.
Der, on a horse, and rode up to where was staud,
ing aud inquired if the house was occupied
replied it not. He asked who owned it. ]
told him a colored man named John Gray tad the
renting of it. He asked where he could be found
I told him somewhere on Capitol Hill About three
weeks afterwards, he rode up in front of my house
aud tied bis horse to tree / asked him If he did
not know that was against the law. lie said he
didn't know it was. | told him he was liable to a
fine of IS, and / didn't wish him to tie his horse
III aoafi hQ nuld no.
him there until be could look into the house which
he thought of renting. After that he never spoke
to me again. On Wednesday when he went in, he
had shawl on his left arm, and came out
By Rstcliffe-Did you notice anything while be
was about
Wtness-After entering the house, would gee
him go down to the back part Of the yard and bring
an armful of wood. Soon smoke would be seen is.
suing from the chimney. Then be would tie q
piece of string or ribbon to the window blind as
signal.
Mr.. Ratciffe-Have you seen the shawl since
Keys deathi
Hi.,ess.-1haye, but there being so many shawls
resembling each other, would not like to swear tC
its being the one before spoken OF. The shawl wa.
here exhibited to Witness who said that to the bes
Of her belief that was the same she saw Key have
on Wednesday when he entered the house.l
Mr.. Ratcliffe.-Describe some of the dresses
which the lady had on at the times she frequented
the house.
WitnesS-She would often have silk dress of q
narrow plaid, with sometimes a black Raglan on
and at other times q brown dress, which looked to
me like travelling dress, with q velvet shawl; on
Wednesday she had On the brown dress with the
Raglan.
MIR. RatcIiffe-In what way do You enter the
house from the back way?
Witness-You 60 up the alley in rear of the
house, and enter il through wood house, with nc
pavement the backway is very muddy all the
time; no other person has occupied the house but
Key since he rented il; never any body else &c
in.
Mr.. .Graham-Dd you ever see them approach
towards the house and then turn back?
Wttness-Yes. About five weeks before Wed.
nesdsy. when they got about as far as my gate
where was standing, they eaw two policemen al
the corner OF X and 10th streets, and they turned
around and kept up 10th street until lost sight OF
them. They did not come back that day. 1t Ia not
likely they would, after being frightened away
| live next to the I'd door north of John Gray's
There are only two houses that eide OF the square
from street mp to LIST street, and one at the
nsr. Mr.. wilkinson lives at the corner of X aud
10Th streets: John Grays is next; next is mine;
the next is Edward Wards. There are four houses
an that square. Saw Mrs. s. about three weeks .
after Key rented the house, for the first time. /
observed her particularly. Afterwards saw her at
her own house.
Q-How came you to 60 to her housei
Witness--Weli, had occasion to.
Q-What was the occasion!
A-Mrs. Sickes sent for me to go and identify
whether she was the same woman had seen 60 10
there; Mr. Seey lives back of this house, near the
alley; the white string was put OUT when Key
came, he first made fire; witness saw him 60 into
the yard 10 get wood four or five times; Mr.. Mann
called to ask witness to go to see Mrs. s. tho Tues
day after the death of Key; witness identified her
as the woman; had seen the shawl which was
shown witness; thinks the shawl 10 the same one,
but would not swear to IL; saw Mrs. s. In Penns
sylvania Avenue once; she was getting out OF o
carriage witness asked a gentleman who she was,
aud was informed that IL was Mrs. Sickles; thinks
it was three weeks after that incident when witness
saw Mrs. g. coming to the house on 18th street, did
not think she was lady, but some Servant GAL"
Judge Crawford-Mrs. Brown, y4u really must
not give your opinions.
Wftaess--I can't help it, lLaughter.l ssw no
persons 20 in the house until the persons went in
who showed witness the shawl. ! went down to
the front door and heard some one doing something
To the door Don't know what they were doing.