Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-04-22

! The letter was handed down and examin-
cd by counsel
Mr.. Brady remarked that the manuscript
was similar TO that Of the anonymous letter
I 10 Mr.. Siekles
The letters were examined together and
counsel agreed as TO the similarity of the
handwriting in both letters.
The Judge.--ltis matter Of extreme re-
| gret that the author of that letter cannot be
known The letter was kept still amsng the
counsel but 1t was understood, among other
things, to convey slanderOus assertions
against some Of the counsel
! After some time spent in examining the
letter said he supposed the best course to
/ be to put it in the custody Of the District
Attorney.
Mr. Brady said the proposition mnde yes
teFday by the government to the counsel oi
Sickles to admit the confession ofMrs. Sick
les as evidence is rejected Of the defense.
The District Attorney proposed to exam
inc Francis Doyle to explain how and under
what circumstances certain papers testified
10 by DR. Miller and Mr. Pendleton were
/ found.
Mr. Brady objected, urging that this was
not rebutting evidence 1t belonged to the
middle of the prosecution of the case.
The Coroner was introduced and asked to
produce certain articles which have been
connected with the person of Key, and
which led to the exhibition of the clothing
and other articles
Various gentlemen who were in the Club
House at the time Keys body was brought
there, including the witness, were examined
and your honor will remember how diligent
ly and scrupulously we endeavored, but
failed to discover whether there were any
other articles than those which the Coroner
producel We never heard Of those papers
until they were produced on the stand
1t has been shown by Mr.. Pendleton that
the prosecution knew Of these facts almost
Immediately after they came into his hands
and that he com municated them to Messrs
lCarlsle and Ould. 1t was not communica-
ted the prosecution that these papers were
at any time found on the person of Key
We now propose to show the circumstances
under which they were found, and then
trace how they came into the hands of the
witnesses
Mr.. Phillips argued against the line of ex-
animation proposed. There never would be
an end of the trial if such course were per-
mitted.
Mr.. Ould-There was no evidence offered
by the United States as to the existence o.
these papers. The circumstance was intro
duced by the defense.
Mr. Brady remarked that Mr.. Pendleiou
yesterday repudiated the idea that he had
lent himself TO the concealment of any kind
of testimony. The fact was that Mr.. Pen.
dleton received matters from the person o
Key. He held them in custody to be used
when required, and communicated to Mr.
Carlisle the fact that the papers existed, aud
yet the defense knew nothing of them.
After further argument the evidence wa:
admitted.
Mr. Chas Howard, of Baltimure, brother.
in-lhw of Key, was called. He identified
the paper in cypher, produced yesterday, as
the one that had been handed to him by Mr.
Pendleton. He said the letter appears to be
written in cypher. have discovered the
key to it; have read it and made transla'
tion of it. | do not know who wrote it. The
Court took the original and the translation
and compared them together Mr.. Brady
was willing that the original should go to the
Jury, but he objected to the translation be-
ing given to them. The letter is written in
sort of cypher, which consists in the sub
stitution of one letter for another-as for a.
for instance, 1t is supposed to be a letter
from Mrs. Sickles to Mr.. Key. The defence
do not wish to have it made public, in order
to prevent any further shame to Mrs Sick
les. The Court finally ruled that the letter
was not admissible
Policeman Dow was called and testified
| took Mr.. Sickles from Attorney Genera
Blacks to his own house on the day wher
Mr.. Key was killed was in the hall o.
the house while Mr.. Sickles went into the IL
brary and held a conversation with persons
there. He came out and was going up stairs
stopped him and told him he must not q
up unless he would promise not TO do any
injury TO his wife. He said he had no suct
intention, and | let him go up He soor
came down holding some letters in his hanC
and went into the parlor, | heard voices il
the parlor but could not understand the con
versation. ! heard no unusual sounds OF
t means, only voices in animated conversation
just before going to Jail, Mr.. Sickles asked
the whole crowd to take drink of brandy
None Of those present took any except Mr.
Sickles and Mr.. Butterworth.
McBlair's testimony-I went to Mr.. Sick
les house on the Doth of February, abou
fifteen minutes after the tragedy. Mr.. Sick
les appeared calm, though apparently suffer
ing internally. always found him calm =
/ Never had seen him before in any difficulty
I The policemen said they were afraid of
! mob, and that some one might shoot MI
, Sickles
Mayor Barrett, of Washington City, tes
titled | was present at Mr.. Sickles house o.
: the afternoon that Mr.. Key was shot,
: found some policemen there, also Mr. Wool
bridge, Mr., Sickles himself:and other pei
. sons | went into the library where | say
Mr.. S. at u book case while we were in th
back parlor Mr.. Sickles met Mr. Walker,an
said to him, "a thousand thanks nv dea
friend for calling to see me under such Gil
cumstances" lie then threw himself o.
the sofa and wept. lie spoke of the dis
honor to his house, and to his child. Lii
grief lasted about five minutes, it was hear
ty cry and it could be heard in his room.
, Miss Ridgelys testimony; ! was preser
at Mr.. Siokles house when he came ther
z from Judge Blacks. only saw him get OF
9 of the carriage, and did not see him agair
q | was not up stairs when he went up ther,
: Mr.. 0uld here said that the prosecutio
t. wished to close this branch of the case, br
one witness was absent, and he hoped thI
!, they might be allowed to postpone it till tC
morrow. The defence agreed to this an
court adjourned till tomorrow.