Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-04-11
BY THE UNION LINE.
To TuE DAILY NICER.
oFF,op .,uRNrp u, .Trp Avn ,foNRoE STREETS
ME sICKLEs TRIAL.

delay the prisoner Was conducted into court
aud placed in the dock, where lac WIS engaged
for some time in conference with &esSrS.
Brady, Stanton and Reverdy johnson. The
jurors were called and answered To theirnames.
Mr. Graham proceeded 10 address the jury amid
the solemn silence and attention of the whole
court
/ Mr.. Graham said, after an eloquent preface
Had Mr. Key observed the solemn preeept,
"Rcmember the Sabbath day to keep it holy,
he might at this moment haze formed one Uf
the living. The injured lather aId husband
rushes on him in the moment Of his guilt, and
under the influence OF frenzy, executes on him
a judgment which was MS just as it was sum
mary. The issue which you are here to decide
is whether this act renders It's author amenablc
to the laws Of tue land. In the decision Of that
issue, gentleman Of the jury, yon have n deep
aud solemn interest. You are here 20 fix the
price of the marriage bed. You are here TO
say in what estimation that sacred couch is held
by an honest and intelligent American jury. You
may feel a pity IN reviewing this occurrence
for the life that has been taken You may re-
crct the necessity which constrained that event;
but while you pity the dead remember also that
YOU should extend cOuHinISeratiOn TO the living
| That life taken away as 1t was might prove to
/ be your and my gain. You know not how soon
| the wife or daughter of some one OF you would
have bceu-in fact you know not but she had
been-mnrkcd by the same eyes that destroyed
| the neutrality-suspicious. of the deiendcnt You
know not how soon the gardciis Of loveiiness
over which you now preside, had that life been
spared would have been called upon to supply
| the Unsuitable appetite of the deceased. An
interference with the marriage relation must
strike every rejecting mind the greatest
wrong that can he committed on human be-
| ing; it has been well aid that ailliction, shame
poverty, captivity are prcierabe, and do not
| know that can express the sentiment more
ably than in rcci,ing the lines which the great
Il hos M -, fta .f llta
Moor the supposed discovery OF the incon-
lstuncy of his Desdcmona. You arc here to
decide whether the defender Of the marriage
bed is murderer.
Mr. Graham reviewed the opening speech Of
the District Attorney, in which Ire spoke Of
SicklcS going out TO a carnival OF blood of him
heing n walking magnZine, and of him standing
over his bleeding aud dying victim with his
pistol in his hand. Mr. Graham said lhe arms
| that the prisoner at the bar had used not
~ dangerous TO the community as were the
opera glass and the handkerchief that the de
ceased carried for the purpose OF destroying
the domestic peace aud honor Of the prisoner.
The world was benefited by the death of such
u man u.s. Phillip Barton Key. During this
part of the speech the father OF Mr. Sickles
wept many tears. Other persons were moved
! TO tears.
MIR. Graham proceeded and cited the various
legal authorities in regard to the various de-
grees of the crime Of murder and Inanslaughter.
| 1t was for the jury to inquire whether the pris-
oncr, ut the time lac shot the deceased, was
| moved by sudden and violent passion, which lac
could not control. II this should be proved 10
their satisiaction he was not accountable to law
for the deed he had done They should inquire
and decide from testimony to be brought before
them, whether the prisoners mind was not tenn
poIarily disordered by the appalling discovery
OF the destruction OF his wile's virtue. The
prisoner was not guilty of crime, because when
! ba si.,- a s.pIh n as then defending his
| household and vindicatIng an Infamous wrong.
In cnusing 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 Otiensc
were to go UNPUBLISHED where society had not
protected a man from injury by proper laws, it
was the duty of each member OF society 10
protect himself lie should protect himself
much against an adulterer as burglar. Human
laws in all civI.iZe countries allow man 10 Kill
burglar whom ne may discover breaking into
his house at night The Divine sanctions the
killing OF n burglar and the same authorities
must sanction the redress Of the far greater in
| jury done by the aduterer. Mr.. Graham read
part of the English Laws on tue subject, citing
Statute, Edward LIST, Which makes adultery
deadly sin. He also cited the laws of Massa-
chusetts, Ohio Virginia and Pennsylvania, the
only States where adultry is legally punishable.
lie contcnded that Key was a ttesfasser on the
house OF Sicllles aud that Sieklcs had perfect
right to punish him as hc would have the right
to punish any other trespassur- lie desired
that the counsel Tor the prosecution should prove
that there was malice in the killing, and not
leave it to be implied; il they imply they will
fail to make out their case; the defence need not
20 further if malice is not pfotcd
The jury could acquit the prisoner on the
evidence thus far adduced. 4 jury of simple
Indian savages would Indignantly repel the idea
of conviction from the testimony thus far pre-
sented. The prosecution must prove that there
was malice, aud the jury raLnJt find a verdict
of guilty on the presumption Of a thing which
does not exist. 1t is tragic thing TO shed
blood, but it is mot always tragedy TO shed
the blood Of an adultcror.
Mr.. Graham was listened to with intense in
tense interest. Court room more crowded than
heretofore. When the Court adjourned. Mr..
Graham had not finished.
New ORLEANS, April 9-The steamship Qua
kcr City. with dates from San FraneiSco 20 the
2Ist ut, arrived here tonight News unimpor