New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-25
TRIAL OF DANIEL E, SICKLES
CHARGED WITH THE
MURDER OF PHILIP BARTON KEY.
EIGHTEENTH DAYS PROCEEDINGS.
HsRsYD wuTH THE.

terest in this protraced trial is subsidng the pee
sAre for admittance into the Courtroom n by no
eons 50 great as on the previous day. The general
Iapression yesterday seemed to be that the TRIAL
,osId be concluded to-day, but It IL now thought
at the argument on the instructions viii be span
eat as to prevent that contamination.
Ex-senator Brodhead, who was attached as absent
witness is in Court, in the custody Of the Marshals
sslcers.
Col. Vim. Sohouler Of Boston is also in attend
Asse, having been telegraphed by the prosecution 10
witness.
The Judge was in Court somewhat earlier than
ssusl but the Dstrict-Atorney did not arrive till
halfpast ten.
Previous to the arrival Of the District-At-
sSney, Mr. Carlisle notified the Judge that
Brodhead was in Court, and explained
cause Of his not having been here before. lie
was subpenaed to attend on the 4th Of April and on
the 4th be received letter from the Deputy Marshal
requiring his attendance here the same day. The
evidence being satisfactory the attachment was de
charged.
KxAkIsGTIOE EX-SENATOR BRor, t.
Richard Brodbead examined by Mr.. Carlisle am
-s yuainted with Mr. Sickles though not intimately;
saw him on the day Of the homicide; ] was walk
mr out. and met my friend Ialdeman Of Harrisburg,
md we walk ed together; we called at Judge Black
10 see him and were shown 10 the back parOr
seated but for n moment or two when Mr. Sickes
came in; after shaking hands with him. introduced him
70 MI HaldemaD who il editor OF aDemocratic paper
ai Harrisburg; few words passed between MI SickcS
md Mr.. Haldeman on the subject OF Pennsylvania poi
Mic, but very few; which commenced the cOnYersa-
ton cannot tell; ] called Mr.. SicklosR attention TO
mud his boots, and remarked that he Wa un-
fortunate in crossing the street; he said he was aud
would take IL off aid he stepped out tO do tO Mr..
Haldemsn observed after he left the room
Mir. BTady-No leave that out.
Witpess-He returned in Il very short time, but had
scarcely taken his seat when heard footsteps on the
stair; he Immediately arose and stepped out if 10
meet the person who thought was Judge Black; he
was out some time IN minute or Two Judge Biafh
cane in very much excited asked him what was the
matter.
Mr.. Brady-Asked who
Witnest-. Judge Black.
Sir. Brady-Was Mr.. Scklcs present
Wiiness--NO.
Mr. Brady-Then say nothing about ii.
Waness-Mr. Sckles was out some time; where b
was do not know; after n while he came into Il =
back paTlOr from the front parOr Mr.. Hadcnan al,
myself stepped up TO him. MIR. Hal1emGn acting q
spokesman; seeing that he was without friends, w.
Haldeman rendered him services Ia 20 with
him to the magistrates; he thanked us; | asked
him If it a baiable Ofiense; he said he did moi
know but that if all the facts were known II would
be; he then added For God knows | would be
Justified" or, al could not help it, which Yves the
precise expression he used cannot now reinember by
this time Nr Gillette came iu and think Mr.. Butter
worth also; asked whether MI. hcN was
dead; Mr. ButterwOrth answered " Yes do not
know who asked that; Mr. Sckless then muitercd
something about there being one wretch less IN the
world and seemed considerably excited the carriage
having been sent for and HE NewYOrk friends having
arrived Mr. Sickes LETT Judge Blacks, aud Air. Hal
deman and myself remained; that Is the last saw Of
Mr. sickes; believe have stated all the facts that
now occur 10 my mind.
Mr. Carlisle to Mr.. Brady-IIe is your witness, gen
teInen.
Mr. Brady have nothing To ask, Sir.
The witness made PLANTATION TO the Judge OF his
attendance in obedience to the subpoena, and the
Judge declared il satisfactory.
CLOSE OF The TEsTImoNi-THE INSTRUCTIONS OF IhL
PROSECUTION AND DEFENSE.
Mr. Haldeman the other witness attached, not be-
ing in attendance, the Disrict-Attoney declared the
testimony closed on the part of the prosecution.
Mr. Brady-Our testimony closed
The Jadge-You are closed on both sides
Mr. Brad.-Yes.
Mr. Carlisle would state that the Disrict-Attor-
ney ef the rooms shortly after the adjournment Of the
Court and your Honor knows his resdence is in
l,eoreetown. therefore had opportunity 81 CON
ferTug with him. At a late hour last night after III
O'Clock | received copy of the points on which the
defense to rely not IN the nature OF INSTRUCTIONS,
but in the form of law.
The judge will give time 10 the District-Attor-
ney to examine them.
Some minutes were passed IN the examination by
Mr Ould and Mr.. Carlisle of the instructions prayed
by the defense. during which interval Mr.. Sckless
counsel conferred together and with the prisoner
Mr. Carlisle proceeded 10 read the instructions which
the prosecution would ak the Court to give the jury.
Tie following Instructions, As prepared 10y the Dis
trictAucrney, were copied, he said, verbatim from
the instructions given by his Honor IN the case OF Day
II the Jury believe from the evidence thai The de-
ceased was killed by the prisoner by means OF eaden
bullet discharged from pistol, such killing implies
nahce in law, and is murder.
That the burden Of Tebutng the presumption of NAL
ice by showing circumstances OF aleveton excuse or
justification, rests on the prisoner ana II Is incumbent
on him 70 make ont circumstances Ia the satisfaction
al the jury unless they arise on; of the evidence pro-
dnecd against him.
That every person Is presumed to be OF sound mind
until the contrary proved and the burden Of rebuff
ting this presumption rests the prisoner, with the
addition OF the following:
II the jury believe from .he evidence, that the de-
ceased previous TO the day of h- death, had adult
ferrous intercourse with the wife OF the prisoner; and,
further that the deceased the day OF his death,
shortly before the prisoner LEFT his house, made signals
inviting to n further act acts Of adultery, which said
Egnals OF portion Of them were seen 10y the prs-
oner and that, influenced by such provocation, the
prisoner took the life Of the deceased such proyoca
hon does not Justify the act reduce such killing from
murder 10 manslsughter.
Mr. Brady said that counsel on both sides had
ferred privately 10 the courc which tniS discussion
would take. The prosecution would open and close;
but If introduced ia the closing speech,
the privilege would BE- given to the defense 10 respond
MIR. Brady then proceeded 10 read the instructions
asked by te deielse ,as published in Saturday T>iB'
UsZ), aud handed them 10 the Judge.
sCasIsG Up FOR rHE PEoslCCTIoS.
Mr.. Carlisle slated the grounds which he thought
the instructions esked ny the prosecution should be
granted and those asked by the defense or some Of
them, should be rejected The irst point made by
che prosecution that if the homicide were willul and