The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-27
xv.su,rarov. Tuesday, April


baltimore were In attendance.
Mr.. sickles came in at half-past ten o'clock
when Mr. Guild proceeded to continue his closing
address to the Jury. He sdverted to fact that law
had never gone further than 10 the time OF Chsr-
les H. Ia reducing the crime OF killing party, IN
the act of adultery, from murder to msnslsughter
He coutended that common law never had gone
farther than this. As stated yesterday the prose-
cutiou we're willing to stand on The law a. apped
to the case of Rsgan blythe learned judge, case
which the defence had here cited to maintain toer
arguments He likewise repudiated the cases cited
yesterday tried In Virginia, where ive magistrates
| held what Is termed an examining court aud
| knew nothing OF law, nor was 1t administered
| through the accredited channel. MIR. Ouid cons
| tinued bis argument at great length, which ike
that of Mr.. Brady, was more the summing up the
case before the jury, thauike arguing the prayers
for Instructions emitting the details OF the evils
dence. He concluded at half-past one
INSTRUCTIONS FOR TIE PROSECUTION.
| The prisoner who had by permission retired to
| the Marsbals office, then recalled and the
| the court gave it's opinions on the instructions
| prayed for as follows:
First. That if the Jury believe from the whole
evidence of this that the prisoner the day
| named in the indictment. aud in the county Of
Washington aforesaid, killed the said Philip Barton
Key, by dschsrgiDg at, against aud into the body
of him, the said Philip Barton Key, pistol or pis.
tolls loaded with gunpowder and ball, thereby give
ing him q mortal wound or wounds, and that such
killing was the wilful and intentional act OF the
prisoner. aud was induced by the belief that the
said deceased had seduced his, the prisoners wife,
and on some day or days. or for any period, def
mite or indefinite, prior to the day OF suca killing.
had aduterous intercourse with the said wife, and
that the prisoner not provoked TO such killing
by any assault or offer of violence then aud there
made by the deceased upon or against him, then
such wilful and intentional killing if found by the
Jury upon all the facts and circumstances given in
| evidence, is murder, but such killing cannot be
how hear wi I'm md nj
sense of this instruction. 1T shall have been
proved to the satisfaction of the jury upon the
whole evidence aforesaid, that the prisoner was,in
fact, insane ut the time of such killing Granted,
with the explanations which have been heretofore
used by this court
Second. Ii the jury believe from the evidence
that the deceased was killed by the prisoner by
means of sIeaden bullet discharged from pistol,
such killing implies malice in law, and is muir"
der. That the burden of rebutting all presump-
ton of malice by showing circumstances OF ailevi'
alton, excuse, or justification, rests on the prso-
ner. and it is incumbent on him to make out such
circumstances to the satisfaction of the jdry un-
less they arise out of the evidence produced
against him; that any person is presumed to oe OF
mind till the contrary is proved, and az the
burden of rebutting this presumption rests on
the prisoner. Granted.
Third II the Jury believe from the evidence that
the deceased previous to the day of his death had
aduterous intercourse with the wife OF the prise.
per, and further, that the deceased on the day OF
his death, SHORTLY before tue pT1SOueT lett
house. made signals inviting further act or acts
of adultery, which said signals, or portion OF
them, we're seen by the prisoner, and that 1nflu
enced by such provocation, the prisoner took the
life of the deceased; such provocaton does Justify
the act, OF reduce such killing from murder to
mausTaughter. Granted.
Fourth The fourth is equivalent to the elev-
enth of the defence, and is granted.
Fifth. If the jury believe, from the evidence,
that the deceased previous to the day of his death
had aIrltar0ua intarCOErs6 with the wife Ct the
prisoner; and, further, that the deceased, on the
day of his death, shortly before the prisoner left
his house, made signals inviting her to further
act or acts OF adultery, which said signals, or n
portion of them, were seen by the prisoner, and
that, Influenced by said provocatiou, the prisoner
took the life of the deceased, such provocation
does not justify the act or reduce such killing
from murder to granddaughter. Granted.
THE INSTRUCTIONS FOR THE DEFENCE
The instructions proposed by the defence were
then considered as follows:
First There is DO presumtion Of malice in this
case, if any proof of alteration, excuse or justi
ficaton arise out of the evidence for the prosecu
ton. Granted.
in this case, if on any rational theory consistent
with oil the evidence, the homicide may be either
justifable, excusable, CT an act of maDslaughter.
Granted.
Third. If on the whole evidence presented by
the prosecution there is any rational hypothesis
consistent with the conclusion that homicide was
justifiable excusable, the defendant cannot be
Granted.
Fourth. If the jury believe that Sickles when
the homicide occurred, iintended to kill Key he
cannot be convicted of manslaughter. Refused.
Fifth. 1t il for the jury to determine, under all
the circumstances of the case, whether the act
charged upon Scklesis murder or Justlnabie homl-
eide Ryaps case VS.. two Wheeler's case, 81. Res
fused.
Sixth If the jury fnd that Sickles killed Key
while the latter wac in criminal intercourse with
the wife of the former, sckles cannot be convicted
Of either murder or nanslaughter. Refused.
Seventh. II, from the whole evidence, the jury
believe that Sckles committed the act but at the
time of doing was under the influence OF
was committing crime, he is not, in law, guilty
of murder.-Day's case, pamphlet, page T.
Granted.
Eighth If the jury believe that. from any pre-
disposing cause, the prisoners mind was impair.
ed, and at the time of killing Key be became in.
sane, was incapable OF governing himself in re.
terence to Key, the debauchsr of his wife; and
at the time of mis- committing said act, was, by
reason Of such cause, unconscious that he was
crime as to said Key, he is not gull
ty of any offence whatever.-Day's case pamphlet,
page II. Granted
Ninth 1t is for the jury to say what was the
state OF Sckles' mind to capacity to decide up.
on the criminaiity Of the particular act in uues.
ton, the homicide, at the moment it occurred; |
and what the condition of the parties respec-
lively, either to scule, or being armed or not
at the same moment. |
These are open questions for the Jury, az are |
any other questions that may arise, upon conside>
ration Of the evidence; the whole of which is to be
taken into view by the jury.-Jarboe's CASE PAM |
phlet, page 20. Granted-with the specifications |
of the law on the degrees of insanity
Tenth. The law does not require that the insane
ty which absoves from crime should exist for apy
definite period, but only that it exists at the mo.
ment when the act occurred, with which the &C. |
cused stands charged. Granted
tha t.xrxy h.v~ i
case. either in reference to the homicide of the
question Of insanity, Sickles should be acquitted
Granted.
Most of these instructions were granted with
lengthy explanations.
The Court concluded granting instructions at
, few minutes before o'clock, hen Mr.. Chiffon
rose aud said he accepted the proposition to sub.
nit this case to the jury without argument. Mr..
)uld concurred.
RETIRING OF THE JURY.
The indictment being handed to the jury they
retired at ten minutes to 2. NJ.
Much interest was naturally excited during |
hese proceedings. Then commenced general
among the spectators, respecting the
vent Of the trial and the probable hndi0g OF the
ury. The room was crowded to Its utmost capa"
i,y. All anxious to See and hear the closing
Genes of the drama. The jury were ont al hour
md ten minutes. "Mskeway for the jury" was
leard from bailiff, and thereupoo the iaterss.
Ulcers had succeeded in somewhat restoring or
er. the jury we're asked II they had agreed upon
verdict. I'VE have" said the Foreman.
vIRplcr OF NOT GUILTY.
The prisoner was then requested to stand up
When the foreman rendered the verdict of mot
,UILTY,n the quiet which prevailed during this
Gene was suddenly changed into loud and deafen.
ug huxzss, and stamping Of feet. The Judge.
ale aud agttated, stood up INDUCING In kind Of
'stomims, while the Marshal was near his aide
ainiy endeayoring to restore order. Such scene
res never before witnessed in this court |
MIR. stanton, In loud and agitated tone moved
hat the prisouer be discharged, and this was done
. soon % the verdict Was recorded.
SCENES AFTER rHl AcQuI7rAL.
sickles Was accompanied by his friends ont oil
he room amid huzxss. In.passing, he vas graft
ed 1t bis own request, In getting good look at
hsjury, whom be thanked for their verdict.