Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-04-29
THE WASHINGTON MURDER,
TRIAL or PANEL T.. SickLEs FOR THE KILLIS,;
PHILIP BARTON KEY
CRIMINAL cOrRT-T H. CRiU.F'ORD, j.

NI>gTEkSTu DAY-MoSpsY. ArEL q, IS5?
NJ Brady continued his speech lie read touching de
scripOn OF the scene in the courtroom when Nr sickle
by the testimony Of Hon Robert j. Walker
1t written by ThoI,s, franci, Measher 1t conclude,
a-fOllOw-;
III the rec, produced the mind, strangers who vii
n--srd that was great IL many In this
moved by II o iears what mus, have been the nature
the agitation wrought III the mind Of M- n sess An'
suppose that the condition In which your Honor and
learned opponents have behli Mr. Sickles since his .rl
had received consolation and found 10 vent had hat
aeyia,ion suppose that the great, big, full bursting
heart .: oppressed with Of terrible wron-
could not in IL, sobs, and -i, and any relief What
aOui become Of his brain: Wha, did become o the brain
rf Mr. Sickle when III. heart became sterile exrcp: .,
place ot occupation for that o injury for tha, desc
aiing Influence ., mind well a. heart 10 which the learn
eel DR. Pyn" referred when he described the appearance
Sirklr> Is defiant and desola-:' Defiant Your lIo.
nor poor Meg Merrilles when she stood y the way
.i- ani made that speech TO the Laird OF Elanrow n
esolaic the hesrtl' which he had Invaded that the
memorable ouiburst of her grief and despair nigh: orn
;hc page of HIN who VA called wizard in the held, Of
lrcratur,.'
On th> question Of sanity. insanity and provoca,on We
invite your onOrs careful drb,r.iion and Judgment,
wil say for all o! the counsel thi, side and for our
client; that OF w have forgotten the yrca; command
o "ur Maker, Thou shal, k any more than We have
iorso;ien TIA; other command, Thou sal, conmi;
adultery We know, however that our Great Creator die!
not intend that homicide should be entirely excluded
The hand Of W. know by the which drsolac
'hc enrth by dufls, - tie Killing "f aulterers raycrs
ani criminals. We lnow OF the right which the law givcs
and which sanctioned by Divine law to kill him Who In
the silence OF knight burglar to roh and
our home. MI that We appreciate. and of all a, de-
,ire TO have the brnciit.
Aud will be- permitted TO say whatever consequence,
rc,n!i from tie declaration that in view OF all a, s
iraIpir"' in s city oi Washington who,c citizens on
th jury sckr> commits Iii, life. hs character a that Is
{" elevate or 10 keep him in existence fo in cFe
hrncc in the integrity and Judgment Of your Honor and
ii, jury, We aye convinced that harm can
sickle ont of hi' ,ria in view a!o Of the relations %
Mr. >ickirs towards him before h- cam. 10 mi, civ H.
,irw ui What knew ol her o the extending of his am
from. the mother the child which suppose III. evidence
GNr k-y, Sickle, might have gone anywhere clc In the
10 NavL l..I, . st,Is
~. lie could never have rcr, 10 The city % N-H orL
aud beet, accepted tor vc instant among any Of hi, fouIcs
rcnl>
Mr. OuI followed TO close the argument hu, si,ou con.
Guiding '!c Cons, adjourned
Twy>rTIu p,y-TrEsp,Y ArgIi 10Th. l>g
The jury ctnie in few moment, past lD o'clock aad
soon followed by the judge. Mr.. scklr> came in ~
halipa>t ten O'Clock when
Mr. Ouid proceeded continue his closing address the
jury "h!ch he commenced yesterday! lie avrr;cl 10 the
,c; that the Ia" had g"n. farther than in the tine OF
c!ir-- III In reducing the cripic OF killing party In tie
act VI liutcr! from murder 10 nia:her. He coaiend
cd that the common law bad gone farther than il
nn quoted from i;h blackstone. p ~. In support This
proposition. Also from :d Wheeler i,ihe Of H."
gan. A. stated yesterday ia" prosecution NilnS -
stand the Law applied tn the Of Ee.7n. by the
learned Juds"a case which the d-fcncr hal here rc
maintain their arguments. lie likewise rcpulia;- ''-
cited yesterday that tried in Virginia. where i've
magistrates held What j. termed hn cNamin. court, an!
knew nothing o! law h"r wa, IL administered through IL
accredited chanucl..
In the Of singleton Mercer (Ncw Jersey casc tie
oi Smith, tried in Philadelphia where in-ani,y cletry
proven Adultery, within the meaning 81 TIE law did no.
constitute any other aeva,icn Provocaion: for II re-
puirc tn- pa-- 10 he caught, Ioun. surprised in The
81 1dulicryani the plea Of The dcfnc. ha, The d.
cease, ~a, in the sc: of llucr, when kis! no ten
able.
Mr. a. then referred to the question .. force" which hal
been advanced in i, case and coni-ni- that Il
recognized in law crea;in: defence: lot q. he
Itr-, defended had consented 20 Vol lvn ot the right.
The law certain gave rights 80 'c.e:ld and
specified the mrIiI- for defending ilrni.
lie opposed the lca Of sci.ircc up In :hi- cs,
aI con"nded that in hr Iw IL mus: hc proved that the
prisoner was in danger Of death or great bodily harm
iSrIcral here cited Ia support this View Wa
Dan. E. Sickle in fear great bodily haria at IL. n
hr net Barton hey AZ the of the street There
could not bc any such principle sci up within the ruln- 81
the common law.
Mr. Ould proceeded 10 touching and .orcibc ;,rtn- 10
.nouncr the insinuaon that female virtue in MS District
I" br protected y the revolver and thought that when
the virtue 81 10 be protected by the revolver
and knr had ceased 10 BE- worthy ot protection H.
believed the be-; lrfrmcr . had ia her God!
rnnoln- purity and "h never ,r violate, tha; ~" snk'
:" She du>.
catering uon another portion of the r.umrit advanced
by the defence be- concn. tll, the question, -: law"
u,llic. vrcaiion and cooling the Court
-c., willie every question of fac; belonged 10 the Jury
alone. In support OF which he cited page Il?, u
81 Bennett Missouri Reports page ~ Of Alabama Report.
pae- IL Earr Report. Gl, lt l;rorca. page ,:l
l., Randolph page i2? 9th Iree page 5 lt Russell
criic page ' is Ir-eli page l. irh relell Mr. ouid
also quoted the case ~ the United States r. stcniur AN
opinion delivered in this Dl.rc,by Judge Cranch Pa>.in;
from this iur>i he alluded TO III. paronng oi The
President of the United States which, in lis opinion an
;hc authorities hr quoted wise provision o! the Con
.,;utcn aud allowed the ESecuiiv. I" stay punishment
when the law lad been maintained.
!; had been asked by the defence 20 whom the pi-,o
found the ground belonged Two sitncs,rs Van WycE
and Reed hal testified seeing Sicklcs the spot where
the p,o! was found. with pistol In hi, hand II wa>
question rs 10 whether the pistol belonged 10 the man who
seen 20 have and fire one, or 10 one who was not seen
hy any witness :" have pistol Il had been asked Why
the prosecution did not bring proof 10 -hOw that IN"
deceased not in III" habit Of carrying firearms, II"
w"uld ask In reply II |; ir,ovcd the prosecution 20
prove negative II the d.icnc. presumed that the pistol
wa owned and tire. by ih, dccca-i why did they dill not
hrns witnr.- To the entire irans4cVn-oue who would
know whether the pistol lid b.,o: the prisoner ,hr
deceased, q ~ 10 Who fred IL:
liz referred TO l5u-rSortl vo could testify. in III OPT
nou positively 10 hi. iarI. the defence had brought
na'isr proof, the Prosecution would thea have ncss
ti,"it.
Tho court and Jury here took r"rr,.. On returning
Mr. uuId proceeded 10 di-cu., r question ~ insanity
and presented lar-e number of au.hore, on the sub
irc .nn: 10 show the presumption Of the law that man
j. until the reverse j. proved.
Mr. Ouli concluded twenty minutes pat O'Clock
The Judge zen, for 'hr prisoner, Hh" Wa ont os court
H. having r"'Ic iu-
The ,!cn gave i,' opinions the Instructions IN
the following "rerhe prosecution bcins considrr.dir
rr' That the jury believe from the whole evidence
of tl cai-r that the prisoner, on thr day name. IN 'h'
inicn,rni and ia the county of Washington Aforesaid
killed the laid Philip Barton hey hy ,i.chaFIing at hgain
a.l into the body " him. the -aid Philip Barton Rcv. III
io or pistols loaded with gunpow'er and ball. thereby g'v
inc lII mortal wound Wounds AMI that such kilns
was tr wifnl anil intentional act og the prisoner and
induced by N. belief that the ,aid deceased had scduccd
liz. the prisoners wife, and day orays or fr any
period definite indefinite prior To The DAY o such XII!
ing had adnero intercourse with the laid wife and that
the prisoner wa not provoked such killing by any a.
.au offer of violence then and there made hv the de-
upon against him. then such Silfn and Intention
al killing. il found by the jury upon all the hcis ana CIR
cu-iamcr given In evidence i MURDER l"' .uch sin-
ran" Il" found To have been ~iin AMI INTENTIONAL VI h'
sense ,h, .,i rue ton II shall have been proved 10 TIC
satisfaction Of the jury upon the Who'll evidence aforrs
that tie prisoner wa In fact insane at III" nc OF 'nch LII
iuc.
hayr -
fore used hy This court.
Second II the jury believe from the evidence that ,h'
deceased Killed hy the prisoner by means OF leader
bullet. discharged from pistol snch kilinS implies n'c
in Law ard j. murder That the burden of rehu,tns al
presumption Of malice 10y showing circumstances" "i a'ela
ton or iuticaon rests on the pr-okrr and II
incumbent him 10 make out uc circumstance to r n
i,ron Of the jury. unless they arise out o The e'ec
produced against linn That person j. presumed 10 b
of mini until the contrary proved. anl MI hlr,
of r"bu,'ins ih, presumption rests on III" prisoner
Granted.
ceased prrviou. TO h- dag of hi. DEATH had aiu"roG IN
erccur,- with III. wife ;, the prisoner; hnl further u'
the deceased on the day Of hi, death 'hGr! .r
prisoner l.i hi house, made signai. inviting lf. ~ @ a.,
oi adultery. which sail .isnI or portion" ~ mem
10y The prisoner and il'a' influenced W % u pr
VOCATION prisoner took the life Of the drcea,eh ,nt pr"
vocation doe, justify the A., ar rsuc. ,c hhS ir'
murder 30 rlaf,aug':-r.
Granted.
Fourth The fourth rqu'al 10 'l'" e,'"n': Of 'h
defence. and i granted.
rinh II III. ry bcl-vc. from the evidence. t'a' The d
.
.rcour, with the wife cf the prisoner and further That tn
,cra>d the LAY o his death. hory before the prise"
-r left hi hons- ua!- signal inviting 10 further act n
act, II adultery which laid signal. portion of Then
were seen by the prisoner and that influenced hy 'n'
rovsca,on tie prisoner took The life of ,s dec"a-.d .c
provocnion doc, justify the reduce such >In
from murder TO Han'laueier
Granted.
The instructions proposed by 'he defence then con
silered ~ follow:
rir,, T..,re i II, presumption o' na:ts in hi.
any proof Of H,rdton '|'','. or i"'ffco". arise oi
Of The evidence Tor tie prosecution
Granted.
fStac johnson. Jones. "a: Mcdaniel state,
Sreai, +"i. Day ra>s. l,v Pamphlet
Second The existence of malice not presumahl- in hi
ae H. on any rational theory consistent with all the
sncc the homicide may b. either us,fabic eAcassbe.
an act of manslau;hsr.
tiTantch.
Same case. as above cited: L. : Mp-o. Curtis.
G. l.. Commonwealth York, Bennett AMI Head
l.a'ln2s Criminal Case, J05.
Third II the whole evidence presntrd by The proc
cu,on there any rational hypoth-s consistent WIN ''
conclusion that the homicide jus;h'be or rN'n''"'