Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-12


saw pistol in Sickles hand was at the time Of the
second FIRE; did not see the first fire; did not see
whether Siekles had pistol bis hand at the time
Of the scufie not sufcieDtly near 70 what kind
Of pistol Il was whether barrel more, heard
report Of three pistols saw two of them; Ehen.
heard the third repors thought that Key on the
ground.
The tussel lasted till one party overpoWered the
other and was Of short continuance. It took place
near the corner, and the witness thought it was
mmediatsly off the pavement. he did not reccllsct
more than one soap
BY Mr. Brady-The Witnessed attention was
drawn 10 the parties BY hearing the report Of the
pistol. did not go iuaO the Clue house.
By Onld-t cid NOT see any other persons near
these parties till gentleman came from the club
house. good many we're sanding where 1 was.
number Of women were on the street running.
One person. 3 gentleman, was very much excited.
d0n't know who he was
An earnest pasFage-qt- arms took place between
Eateliff aud the District Attorney the former pro-
posing that the United States put upon the staRd
r. Walker, BntterwarIh, and Woodbridge. The
later explained thatthe witnesses who had been
examined were those who had been returned by the
grand jury on their presentmeRt
Mr. Magrudsr arguedihst these gentlemen Bhould
be produced as witnesses, in order that the de-
feT1se might have sn oppor unity to cross examiue
b snl, especially MIR. Buuerworth, on whose oath
M SicFiea was ecmmits1 10 all.
Mr. Carl lie replied earnestly resisting III motto
which ths Cont oTsrruled. Adjourned.
Up to o'clock The physicians who made the post
mortem exsmiaetiOa had testified, and showed the
bullet til , had extracted, which had produced the
mortal wound
Hon Re7erdy johnson occupied seat to day be
hind counsel for the defense and was frequently
in converse n with them. Col John C McCann
of New York, was also in Court during the proceed
ings. The Court room was more inconVenienily
crowded than at any previous day.
u,
WAsHIyGroE, April The case for the defence
opens this mor1ing. It isexpeeied that Mr. Ora
ham will occupy thu whole day IN the opening ad-
dfess. His assoc iates would prefer breyiiy in ths
opening. They wish TO reserve their plan Of opera
lions for the present end to say nothing Of Mr. Rev
except vbat is Immediately connected with The
trans ction to make no attempt TO account for the
disparity between the size OF the bullet extracted
from the body; and in defense deny that the Der
rDgtr pistol belonged to Mr. Sickles As there has
been no attempt 70 trace it to nim by the prosecu
tion the defense will make the Of this eircum-
stance, and claim that it belonged 10 Mr. Key, and
perhaps that the first shot came from him.
As 10 the Two keys found in the pocket OF the de
ceased the idea is that they those Of the house
in Fiji eensh street, aud il &c. that circumstance
will be put in evidence. Two letters from Mr. Key
to Mr. Sicklcs, one indignantly denouncing the in
situations made With respect the familiarity with
Mrs. Sickles, and the other accepting subsequent
invitation to dinner will be offered in evidence; If
not admitted, the counsel will make use Of them in
the argument TO the jury.
Proceedings of the CourL-The court opened st
l0l o'clock After soma delay the prisoner was
conducted into court and placed in the dock, where
he was engaged fer some time in conference with
Messrs. Brady, Stanton, and RsveEdy Johnson =
The jurors were calel, and answered to their
names
Mr.. Graham proceeded to address the jury amid
the solemn silence and attention Of the whole
court.
MIR Graham said after an eloquent preface: Had
Mr.. Key observed the solemn Preeept, Remember
the Sabbath day to keep it holy" he might at this
moment have formed one of the living. The in
jured father and husband rushes on him in the mos
ment of guilt and, under the influence of frenzy,
executes on him judgment which as just as
it was summary The issue which you ara here 10
decide is whether this act renders its author amena
bic TO the laws of the land In the decision of that
issue, gentlemen Of the jury, you have adeep and
solemn interest.
You are here to fix the price of the marriage bed:
you here TO say in what estimation that sacred
couch is held By honest and intelligent American
jury. You may feel pity in reviewing this occur
renee fer the life that has been taken; you may
greet the necessity which constrained that event. but
while you pity the dead, remember also that you
should extend commisseration TO the living That
life, taken away it was, may provo to be your
and my gain. You know not how ron the wife or
daughter Of some one Of you would have been, in
fact you know not but she had been, marked by the
SINE eyes that destroyed the marriage relations Of
this defendant.
You know rot how soon the gardens Of loneliness
over which you now preside, had that life been
spared, would have been called upon to supply
their flower to satisfy the Unsuitable appetite of the
deceased. An interference with the marriage rela>
tions must strike every rejecting mind the great
est wrong that can be committed upon q human be-
ing. IL has been well said that affection, shame,
poverty, cap iyity, pref rabls, and do not know
that can express the sentiment mUre aptly than in
recting the lines which the great dramaiist has
placed in the m ruth of the Moor on the supposed
discovery of the Inconsistency of his Desdemona
You are here to decide whether the defender of the
msrriags bed is Murderer; whether he is 10 be put
on the same footing with the first murderer, and is
TO be presented in his moral and legal aspects with
the same degree Of a gray 'tion abou. him.
Mr.. Graham review The opening speech Of the
District Attorney, in which he spoke Of Sickles 90,
ing out to carnival Of blood; OF his being q walk
ing magazine, and Of his standing over his bleeding
aud dying victim, with his pistol in his hand. The
arms that the prisoner a. the bar had seen, were
not 50 dangerous 10 the community as were the
opera glass and the handkerchief that the deceased
carried for the purpose OF destroying the domestic
peace and the honor of the prisoner. The world
was benefited by the death of such man as Phillip
Barton Key. During this part of the speech the
father of Mrs. Sickles Wept many tears. ether
persons also were moved to tears. Mr.. Graham
proceeded 10 cite various legal au horltle9 IN regard
to various degrees Of the erime of murder and man
slaughter. Ii was for the jury TO inquire whether
the prisoner, at the time he shot the deceased was
moved by sudden and violent passion which ne
could control If this should be proved to their
satisfaction be was not accountable to the law for
the deed he had done. They should Inquire, and
decide from testimony 10 be brought before them,
whether the prisoners mind was not temporarily
disordered by the appalling discovery Of the de-
sruction Of his wiies virtue. The prisoner was not
guilty of crime because when he slew the deceased,
he was then defending his household, and vindicat-
ing an infamous wrong In causing the death of
one man, he was probably the means of preventing
the death Of many, who might be tempted to commit
the same crime that deceased had
If this offense were to 60 unpublished, where So
ciety had not protected from injury by proper
laws, it the duty Of each member of socie to
protect himself he should protect himself much
against sdnlterer as against burglar. Human |
laws, in all civilized countries allow man 10 kill
burglar whom he may discover breaking into his |
house at night The DiVinelaw sanctions the killing
Of burglar and the same authority must sssolion the
redress of the far greater injury done by the adu
terer.
Mr.. Msgruder read part of the English law on
the subject, citing the statute Of Edward !, which
of Ma-sachusets, 0hio Virginia, and Pennsylvania,
the only States where adultery is legally Furnishes
BILE lie oontended that Key was a trespasser on
the home of Sickes, and that Siekles had perfee.
right to punish him, as he would have a right to
punish him or any other trSspasser. He desired
that the counsel for the prosecution should prove