The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-09
THE SICRLES TRIAL.
TIE EVIDENCE COMMENCED,


f1A'< ssf1DHA'N6 NCs"hENJED.
THIRD pAY.l
The evidence in the Sickles trial was com,
meuced Oh Thursday last. The Court opened at
10 o'clock. The charge against Mr. Sickles was
then read to the jury by the clerk, the prisoner,
meanwhile, standing up in the box. The indict-
ment was then handed to Mr. 0uld, the District
Attorney, who proceeded to address the jury:
The indictment, he said, charged the prisoner with
the murder of ?. Barton Key. He should state
briefly what the United States expected to prove
in the case. He, (the prsoner) as all present
knew, was Representative of the great CONNER
cial emporium OF the United States in Congress
Mr.. o. went on in eloquent terms to describe the
manner OF the killing of MIR. Key upon that bean
tiul Sabbath evening, when the prisoner had,
with toli preparation; came TO that carnival of
blood. He was walking magaziue. Had come
prepared with all the varieties of the dread in-
struments OF death, every one of which had its
peculiar murderous capabilities.
Those instruments had been concealed from
view in convenient overcoat inconveni.
emily hot day. The deceased interposed nothing,
and had nothing to interpose but pby bysical power
which. when exercised in moment of GOODNESS,
vas but futile-snd even the piteous exclamation
he uttered fell all uDheeded from his lips. The
evidence will show that not only was the deceased
unarmed, but that the prisoner at the bar knew
he was ubarmed. He must have nown it when
firing the frs. shot, at the again, in firing
tue Ia'al suOto, ana AGAIN Wnen ne $1,000 DrAvely
over his victim, striving TO scatter the brains of
| him on whom he had inflicted three vital wounds,
and over whose eyes the film Of death was already
| spreading.
| Mr.. 0uid then proceeded to read from Wharton,
| on homicide, page 1914, to show what had TO be
considered by the jury in making their We, dict.
The evidence would show that no matter how
| revengeful the feeling might have been towards
| the deceased, sufficient time elapsed for that
| feeling to have materially abated He knew not
q hnrn han,% a-kar
tained under such circumstances unless sustained
by remorseess revenge. Frantic entreaties, such
as man would make for his life, such as would
| have been made for an opportunity for explana.
ton, such perhaps as the reco lection of the little
| ones he had left behind him, were made by the
deceased. yet the prisoner at the bar did not de-
| sist from his bloody purpose. lie was attempting
to add mutilation to murder, when he was arrest
ed by the parties who subsequently, bore his vic
| tim away.
Mr.. O. then preceded to describe to the jurv the
crime of murder, aud cited the general principles
| which governed this court in such cases Here
| Mr.. Oud read from Wharton on Homicide, page
| 3o, III which the law of homicide is clearly laid
down. Also from the same page 10S, in relation 10
the same point and also to show that the intent iu
| most instances, ia to be drawn from the weapon
used Also from page III. to show that when a
| man finds a man in adultery with bis wifi and
kills him, his crime is only mauslaughter; but il
| be xiii him snbse quently and deliberately, from
| A5venge, it ia murder.
Also from page 1S2. to shn " that when after the
discovery of the adultery, the man enters into auy
discourse or undertakes any other description VI
business TO allow time for his passion TO abate
aud then kills the aduterer, he is guilty of mur.
der. Also from page 1877, to sho that after he has
| got the party in his power, the repetition of II
| subsequent blow makes the crime murder. And
| from page 1879, to show that if one has formed
a purpose to kin man, and duly armed, meets
| him and kills him suddenly, the presumption il
that the crime was committed on the previous de-
| termination.
| The speaker went on to describe the rules by
| which the crime of murder is tested. They were
| not the rules of to-day, but had come down to us
| from source which gave them immutabiIity
| while other portions of the fabric of human prac
tice had been changed. These rules had become
| stronger by the pressure of centuries. These
principles owed their strength aud their yeracity
| to God-fearing and man-loving humanity. When
| ever they were perverted or warped, blow was
| struck At both humanity and justice.
| Thee rules had been well proven that ilno-
| vation 10 its widest moments had never yet
| allowed revenge as even justification psllation
for crime. They gave to-day to Daniel L. sckles
| not only an upright judge. but they also clothed
| him In sposess innocence until he be proven
| guilty. How soon ere the presumption of inno.
| cence be supplanted for another, terrible to the
prisoner, WAS for the jury to Hdge. How soon the
| evidence would show express malice on the part
of the prisoner was for them alone to Judge. They
had been purged by the Court, and they were
sworn to do justice by the prisoner: to nnd the
| fact aud not amend the law; nor had they any
| thing to do with the punishment which the law
| provided for crime. That rested alone with the
| Executive, who alone could sheath tie sword oi
justice or let it fall.
The only issue they had to try was that Of the
| guilt of this party. Tho consequence of that
finding were for the law. If 1t be legal for them
to set the prisoner free, he said, let him go free
free as the wind. If the contrary, he called upon
| them to snlite red.handed violence wherever
| found and show to the four quarters of the lis,
ntnr uTnr fhnf fhzrn ia uSrs lafE
jury.
Here Mr.. Ould closed his opening address to the
| jury, having spoken about 45 minutes.
| Judge Crawford stated that it had been the
practice in this court for the defence to follow the
prosecution in opening, prior to entering upon
| the testimony. If the defence, however, prefer-
| red to reserve their opening, they were entitled
| so to do.
| TESTIMONY OF JAMES Fl. REED.
| James III Reed was the first witness sworn -
| Was passing up the 22d of February last, as he
| got up near Madison Place, walking leisurely,
| heard loud talking; and saw two gentlemen on
| GuBnel's corner; they were from four to six feet
| spart, aud soon one of the men raised bis arm
| gradually aud steadily, and witness saw pistol;
| at first il appeared to have direct aim at the
| corner of the house. but in an instant witness
| saw it was aimed at the other man, who was try
| ing to avoid the aim; he fired and the parties
moved forward some twenty feet; when they got
twenty feet from the first position, the man shot
at retreated, the other following him and the
/ former running round tree crying "murder, !"
| murder" murder" +" and 'don't shoot me-" The
mau with the pistol then snapped his pistol and
| it did not go of; when in the middle of the stree.
| the man fred the second time.
Just before the second fire, witness saw the mau
shot at throw something at the man with the pis.
| tol, which passed through the air slowly and hit
the man with the pistol falling at his feet; Just
| at that moment the second shot was fired; the
| man shot at then cried something which witness
did not distinctly hear, but the words "sboot me,
| or something like 1t occurred; the third shot
then red and the man shot at twisted round the
pavement aud fell; the other then went up to him.
| and snapped several times within two lr three
! feet of his head at the first shot, the man shot
at did not move more than two three feet: after
| the first shot, the man with the pistol went some
! twenty feet westward, followed by the man shot
at; then the mau shot at retreated, and the maa
| with the pistol followed him back, when the man
shot at got on the corner aud got behind tree;
the msn with the pistol snapped the pistol at him
| Mr. Key came ont from behind the tree at the
moment the pistol was fired the second time;
after tho second shot, the deceased gathered him.
| self up and exclaimed that he was shot and res
| treated to the pavement; Keys back was towards
| the man who fred when be Ietreated; when some'
thing was thrownb by deceased, the parties we're
| some ten feet apart tho man shot was east and
the man with the pistol west; the third shot was
fired after deceased reached the pavement and after
| be cried out murder; when deceased fell the mau
with the pistol got in front OF him and shot the
| third time while deceased was lying oD the pave
meu'; when the third shot was fired deceased
| cried "dont shoot" between the third shot and
| the succeeding swapping of the pistol bat tUe
| seconds elapsed; the next swapping followed more
| rapidly; witness did not change his position oil
the time; was standing on the opposite side OF tht
street. south Of the parties, all the while, some 81
| or 35 PAGES Off Mr.. Key fell some rs or 80 feel
| from the lamp post on the corner.
| Cross examined by Brady.--Neyer saw Mr.. Key
but once during his life; during the whole Of thu
AFFAIR witness did not see the features of ethel
| party 30 a. to recognize them; saw Q man on thu
opposite side Of Madison Place at the time of thu
| hrst shot; don't know who he was; saw one othel
| man 20 eastward towards Riggs Co.'s Bank sftel
| second sboi; don't know whether he had psssct
Madison Place when the firing occurred or NOT
soon g the first shot Was fred, saw parties run
ming down from the direction OF houss; tbs
man going north through Madison Place coult
not have econ the hrsf shot; don't knos
Dudrov. nor Downer, nor Butterworth, no