The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-23

WASHINGTON, April %, 1859.
The Court was opened at the usual hour, and the
prisoner having been brought in the jury were
called.
Charles H. Wnder desired to make an explana-
nation in reference to Mr.. Doyle's testimony.
The Court said it rather irregular, as he was
not witness.
Mr.. Wnder said he proposed to take the stand as
a witness.
The Court stated that witness could not very
well call himself. These personal explanations
were becoming too common in this Court. When
ever person thought his testimony was contradict
ed by another, he wanted to make personal ex-
PLANTATION in regard to it. But the object of exam
lining witnesses was to get at the truth; if there
was no objection, however, Mr.. Winder could make
his statement.
No objection was made by the counsel on either
| side.
Mr.. Winder then said that as to the conversation to
which Mr.. Doyler eferred yesterday that gentleman
was utter y mistaken in saying that he Mr.. Win
der had told him that anv papers had been found
at all on the person of Mr.. Key, at the time the
| coroner's inquest held; what happened after
that, he did not know, because he left the house
Immediately after the taking Of the testimony and
! did not go back.
Mr.. Brady thought that was sufficient to meet
| the point, and explain the statement.
MIR. Winder went on to state that the conversa-
tion to which Mr.. Doyle had alluded occurred sew
| eral DAYS afterwards He did not know until SUBJ
sequently of the existence Of any such papers; and
| when he heard that some had been handed to Dr.
Miller, he stated that they must have been found
afterwards. He now desired distinctly to say that
| at the time the search was made at the cononer's
inquest, there was not scrap of paper found. Mr..
Doyle had confounded the two conversations.
Mr.. Ould said that the three witnesses referred
to yesterday had not arrived and that he had sent
a subpoena to the State office for certain papers
and would ask the indulgence of the Court until
| their arrival.
las. Dutro, caled.-Noticed Sickles' manner at
tfn Of fla Al
| was more excited than a man would be in fight;
when the last shot was fired witness was from 35 to
| 40 feet from Sickles.
By Mr.. Brady.-Held no conversation with Mr.
| Sickles had seen him in the Hall of Congress.
! Edw'd Deatield re-examined-Observed Sickles
| on the Sunday before he met Key; thinking over
! the matter since, witness thinks his manner was
eooii when the affair was over he walked away very
coolly and put the pistol in his pocket; saw nothing
| unusual in his manner before he met Mr.. Key.
| Mr.. Ould.-"lo ou say that upon looking at the
matter since the occurrence, your impressions
Mr.. Brady.-"we object. The witness has an
| swered."
Mr.. Carlisle wished the witness to describe the
| picture which had presented itself to his mind.
Witness.-"l thought, when reflected that the
! firing OF the number Of shots was cool perform
ance: that's what struck my mind"
BY Mr.. Brady.-Had seen Mr.. Sickles frequently;
never saw him under excitement; don't know the
color of his eyes, spoke to him; noticed that
-
| fast or slow.
Charles H. G. Lewis. examined.-Is connected
with the Congressional Globe; have with me the
MSS. copy of Sickles' speech on Friday and Satur-
day, February 25th and Goth; the reporters that
day were Messrs. Hincks, Smith, McElhone, An
| drews and Haynes. Witness exhibited two pom
derous rolls of MSS. tied up with red tape
Mr.. Brady.-"Are those corpuent rolls Mr.
Sickes' speeches or the whole days proceedings?"
Witness.-"They are the proceedings of the days
mentioned Mr.. Sickles' speeches are among
| them"
Mr.. Carlisle said these were offered in regard to
Mr.. Sickes' state of mind. The copy bears his own
| interlination and corrections.
Mr.. Brady.-"To save all this time we will admit
that Mr.. Sckles addressed the House for about five
! minutes both on Friday and Saturday: this was
however, when he believed his wife innocent and
| not assured of her guilt
Mr.. Carlisle.-"That will be matter for ar
| gument hereafter
| F. H. Smith, examined-Was one of the report
ers of the Congressional Globe Friday and Satur-
| day. February 25th and Goth; have before me Mr.
Sickles speeches on those two days; the speech of
! Saturday is in Mr. McElhones handwriting entire
ly; the first part of Fridays speech is in Andrew
hand writing and the rest in McElhone's; the cor
rections are in a hand witing unknown to me.
By Mr.. Brady.-Don't recollect the hour that
Sickles ma the speeches; thinks it was about 5
| O'Clock on Friday and o'clock on Saturday.
BY Mr.. Carsle.-Saw Sickles in the hall during
| the day.
Mr. Carlisle then read the speeches of Mr. Sickles
which were made upon the subject of appropriation
! for navy yards.
Witness resumed.-Only Judge the hour at which
! Sickles spoke by the position of his speech in the
report; by reference to the yeas and nays can tell
| whether he there at other hours; was present
| on both days when Sickles spoke.
| Mr.. Carlisle remarked that it was admitted by
the other side that the corrections of Friday were
in Mr.. Sickles' handwriting
| Witness.-Could not say when the revision was
made; there is uniform rule on the subject;
sometimes the revisons are made as soon as the
speech is written OUT towards the close of the
sion are not usually made till the next day; can't
see when it was in this
Mr. Brady remarked that these corrections would
not have taken five minutes.
| THE MSS. was here exhibited to the jury.1
Mr. Smith resumed.-Have examined the rolls;
on Friday Mr.. Sickles seems to have voted on the
! question of adjournment; think the House adjourn
! ed at nine o'clock; it might have been eight; Mr..
Sickes seems to have voted on the last vote taken
on Saturday, but there is Indication on the list
at what hour the vote was taken, or what sub
| ject; could ascertain by looking the copy of
! that days proceedings.
Mr.. Carlise.-"I wish you would do so.'
long pause in the proceedings here occurred,
after which the counsel for the prosecution offered
certain written evidence to the consideration of
the Court, (the nature of which was not stated, J
and after elaboration the Court decided that it
| not admissible.
Mr.. Carlisle said the Court having disposed of the
offer OF evidence lately made, nothing now remain
ed for them to offer on behalf of the prosecution,
but the testimony of two witnesses, ex-senator
Broadhead and Mr.. Hademan. These were both in
telligent men, who at the house of the Attor-
ney General when the prisoner arrived there imme-
diately after the homicide. The facts to which they
would testify, to the conversation and deport-
ment of the prisoner while there, they deemed i'm
portant. Mr.. Broadhead had informed the District
| Attorney that he should certainly be here; and
upon his being called two days ago and not appear
ing, an attachment was issued which has been serv-
ed upon him. But they understood that in the reg
N nj tbinnS Rroa1baa1 cou1d rofb Iva
here under that attachment until this evening. I'm
der these circumstances he would suggest inasmuch
as this testimony was purely cumulative, and was
confined entirely to what occurred at that time and
place, that they might proceed to present the in
structions for which they should pray, which would
l not be varied in any degree by the additional test
mony and let that matter be discussed. If the gen
tlemen on the other side should prefer not to ac-
cede to that suggestion, the only alternative would
be to ask that the Court should be adjourned until
| tomorrow morning, in order that the attachment
NAV be returned with the witnesses.
| Mr.. Brady said that the counsel for the defence
did not desire to offer any obstacle the fullest in
vestgaton of any fact upon which they reposed
At the same time, this trial had certainly been pro
tracted to such length that all of them, he be-
lieved, desirous that it should be brought to
termination at the earliest possible moment. The
jury had been detained from their homes and their
families near three weeks; and the counsel all de-
sired to see their homes, however agreeable Their
stay here had been rendered by the kindness and
hospitality of the citizens of this District In con-
sequence of his desire to have the trial brought to
| whose he had refrained from offering ties,
| timony of cumulative character, which
was now in this room, in reference to the
state of Mr.. Sickles' mind, commencing a
the time the communication was made
| to him by Mr.. Woodbridge, on Saturday night, and
extending to the latest period of time in respect to
which proof would be admissible, as bearing upon
the case. No one knows what these gentlemen
would state; but be did not suppose they would
contradict the testimony of Mayor Berrett and Mr.
McBlair, already given. He thought the whole his
tory of this transaction, including the condition oil
Mr.. Sickles mind was already before the jury very
fully; and although gentlemen of the utmost emf
nence might express opinions way or the other
with regard to the matter, yet the jury must after
all exercise their own Judgment
Mr.. Carlisle stated that he did not include any
matter of opinion The offer was to prove facts
and as to their materiality he depended entirely
upon what one of the witnesses had told him.
MIR. Stanton wanted to know whether this was
not additional evidence in reference to time abou
which testimony had already been offered.
Mr.. Carlisle said it was not. 1t was at a point o.
time about which there had been no testimony
namely-when the prisoner proceeding from the
homicide went to the house of the Attorney Gene
raj. That point of time nearer to the alleged
insanity than any of the others, and about which
there had been no testimony whatever.
Mr. Brady replied that they would all agree thai
Mr.. Sickles any other man, in reference to an
act of homicide, to be judged according to thu
state of mind which existed at the time the act wa
done. What was done before aud what occurred
afterwards throws light upon it to be sure; and they
depended on the proof of subsequent occurrences
elucidate the matter but itwas to that point of tint
that the question exclusively related Now of course