Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-15

Trial of Daniel z. SickIes for the killing
of Philip Barton Key.
THE MADISON PLACE MURDER

cstion made to Mr. Sickles in the Capjtol ON the
day preceding the killing Of Key by the witness
on The stand. Mr. Woodbridge, was progressing
Mr. stanton. How comes it that Flora came to
be Introduced a witness.
Mr. Carlisle. There lin North Carolina) the
vile OF slave can be introduced a witness in 4
nominal husbands case. because the law does not
ISSognlLc the legality Of the marriage Of slaves.
TIES case shows the unsoundness of the position
OF the defence. Upon no slave decisions, but on de-
cISioBs and doctrines of law where slavery was
not known this case was to be decided-on the
common law of England, Of this country and this
land 1t would continue to he the law here until
legally changed. 1t could not be changed here
by gotten up momentary popular opinion OF noisy
partiZans. This Court knew such distinction
as bad been sought to be made by the defence
The law of this District most palpably declared
the testimony offered inadmisSable to bring down
the offence from murder to manslaughter, and
even less to prove insanity. In the case of the
State agt John, the evidence Of the fact of an
adultery had been offered and rejected. The
Court decided that the proof of the adultery was
Court certified that that evidence had been ten
dered and rejected by the Court below and further
that the Court below had rejected no testimony to
which the prisoner was entitled Ii was the
Appeal Judges duty to remand the if any evil
denCe had been excluded which the witness was
entitled 10 have received.
Mr. Carlisle went on to compliment the con-
servdtism of the North Carolina courts. which re-
jccted testimony to show, not that the prisoner had
gone mad, but that he ought TO have gone mad.
The defence could not escape the real iSsuc-was
the prisoner insane9-not ought he 10 have been in
SINE! If il was shown that the man WAS mad to
what end should the causes of il be iuvcst ratpd1
Why investigate the hearsay and tale of the wit
ness to the prisoner The defence should show
the existence If the truth of the alleged statements
OF the witness to the prisoner-nOt the statements
themselves.
There were several bills of exceptions presented
m the John Casc-One of mOnonania. and one Of
adultery. The Judge had certified to him that the
proof of the fact of the adultery had been rejected
as not being competent to prove insaniiy. The
supreme Court Of North Carolina decided that in
that rejection the lower Court had decided in
CoTdanrc with law. 1t was question on which the
North Carolina Supreme Court must have passed
Here MIR Stanton, by his own desire, read the
law rs laid down in the ease quoted above; and in
reply Ia the questions raised by MIR. Carlisle of
personal considerations but as TO the slave GIes-
tiHa, he was man not having slavehOlding blood
in his veins. he remarked that he proud to say
that his father was Il North CaroIinian and his
mother a NiIginiln.
Some cpisOdical sparriHg here took place he
tween Mr.. e.. and Mr.. =, which was well IT,
eeived on all hands, and caused some merrinent
on the part of the crowd
W hen Mr., Carlisle Clused his remarks
The Court decided that the communications
proposed To- b. offered evidence Were not reCeiv-
able Is evidence Of insanity. The communication
of \. Is. to the prisoner, OF any number of per-
sous To him. could not 20 to the jury Coin. to
show insanity. Whenever the counsel reached
particular state Of the trial, when they thought
they cOuld otter evidence tending to show in
sanity, they could do So.
TESTIMONY OF JOHN KELLER
Mr.. John Keller testified that he lives in Wash
ingtOR. Knew Mr.. hey; knew him three or four
years. Did not see him on the day of his deCease
Knows where MIR. Siekles resided; saw Mr. Key
IN the vicinity of Mr. Sickless house the last time
a week before his death.
Mr.. Brady here asked the witness what he saw
Key do on that day9
Mr. Carlisle stated that Mr. Brady desired to
show that on this occasion Mr.. Rev waved his
lef0r Key
death.
The Court decided that the question could be
asked.
The witness stated that he was behind the statue
in the park, and saw Key come in the park seat
himself near the statue, and lean his head his
hand, and pull out handkerchief and wave it
over his head, at the same time peeping all the
while at Sickles's house. There was no dog there
This between twelve and one o'clock and
witness passed cut, leaving Key there, and saw
more Of him. Has frequently seen him stopping
about the square during some two months Always
about this same hour Of the day.
CroSs-examined by Ould- 1t was Il white hand
kerchief. Witness was going home to his dinner
Was working on Seventeenth street on the day in
question, below the War Department.; and this
was witnesses nearest way home. Thinks he has
frequently seen Mr.. Key in the park and about it.
This particular time was in the middle of the
week, about a week before Mr. Key's death. Saw
linn of and on for two months before that When
ever witness came through the square he generally
was about there, either in the square or within
square two Of it, up as bis gin az Eighteenth
street or going down the avenue or next st. Johns
church.
BY Carlisle. On all these occasions witness
would be going either to or from dinner He
walked as il he WIS walking for pleasure walk
By Brady. Witness ia a Plasterer.
TESTIMONY or MR. JEREMIAH Bo4p
Mr. Jeremiah Boyd testified that he resides In
this District. Knew the late Mr. Key; knew him
four five wears before his dccelse. saw him on
the day of his decese, in the morning about half
past 10 o'clock, when he passed witness at the
Treasury building, witness on his way TO
church.. lie went into the Club House. At
o clock witness passed back from church, and saw
Key on the Club House steps, looking directly to-
wards Mr. Sckes house. lie was on the ed &c of
TIE pavement near the curbstone, and looki ng
about. Witness noticed him as he passed by some
distance.
Cross-examined by Ould.-He was looking
about, and turning his face about, and directly
facing MIR. Sickles' house. Don't know how long
no remained there. When witness passed up TO
church Key was before him. and went into the
Club House, and when witness passed back lac
saw him in front of the Club House.
IIlere Judge Crane, of Maryland, took seat on
the bench with Judge Crawford for few mo-
IncntS.
Witness was near Madison Place. on the oppo-
site side Of the street from him. His back was to
the CIab House and his face towards Mr.. Sicklcs'
house.
Here Mr.. Brady called Major Hopkins, who did |
Mr.. Brady then called Mr.. Young.
TESTIMONY OF MR. A. YOUNG.
Mr.. Young testified that he lives IN this city,
and knew Mr. Key by sight. saw him on the |
day of his deceasc, Immediately after breakfast
when witness sdw him opposite the Presidents
house on the Avenue going up towards George
town. Was pointed out TO witness by his friend
Mr.. Haw
MIR Brady then called Jesse b. law, who did
not answer.
Mr. Brady then called Chas. q. Bacon.
TESTIMONY OF Mr. CHARLES D.. BACON. \
This witness stated that he lives in Washington |
Knew Mr. Rev some l. months. Saw him on the |
I'D OF February preceding his decease twice,
Hrst between 10 and II In the morning He was
the centre Of Lafayette Square and "a he Ic<red
the monument he waved his handkerchief. Wit
ness saw him 20 towards the Club House, and 1T
? O'Clock same day saw him walking with Mrs. |
Sickies. Miss Ridgeley, and another gentleman.
ii adj previously seen him wave his handkerchief
opposite 10 Mr.. Sickness house. Previous tO that
witness had sen him on the walk leading to the
Presidents House also waving his handkerchief,
aud there is a window in the gable end OF Mr..
Sicklcs's house looking 10 the latter point. The
wayings were almost similar al all those times.
Crosse xamined by Ould 1t was between ten
and twelve the first day when witness saw
him: second time in the afternoon; and the
third time between ten aud twelve in the
ing as az the first time. Thinks Key, the latter
OCCASION after waving his handkerchief, walked
H. ~, Va nrro tTnen