The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-08
Opening OF the Sickle. (,....

Sickles formally opened it ON the part of the
United States yesterday. A statement Of Mr..
Guilds points will be found elsewhere. The
learned gentleman followed the old school prac-
tice, and contented himself with presenting to
the jury recital of the circumstances attendant
upon the killing Of Mr.. Key as the prosecution
expects to prove them. He then proceeded to
put in that proof; and when the evidence on that
side is concluded, it will be for the defence to
show that the provocation was sufficiently strong
to produce an abnormal condition of mind in
Mr.. Sickles, amounting to that degree of insanity
where one is not master of his actions They may
set up, also, as collateral plea that the facts
amount nearly to case where man and woman
are taken in the act of adultery. According to
the common law of England killing under such
circumstances was the mildest form Of man
slaughter, because, as Blackstone says, there
could be no greater provocation."
We do not believe, with the record of the last
three days before the country, that anything
which the press would say on either side would
60 far affect public sentiment as to react upon
the jury. Indeed the warmest partisans of the
prisoner were astonished at the public sentiment
Of the community of Washington, as indicated
by the answers of the citizens of the District
who were summoned to act upon the jury. The
friends of MIR. Key had several strong points upon
which to rely. In the first place, there was the
natural sympathy with his family, which is one
of the best in the South. He had been the go
vernment law officer of the District, and there
was certain dignity attached to the position
more, perhaps, than surrounds similar Office
here. he was connected by blood with many
prominent persons in public life, and moved
in the first circles of Washington soci-
ETY., to which Mr.. Sickles or any other
member of Congress, without recommends
tions further than that of seat in the House or
Senate, would not be admitted. 1t has always
been the boast of this set that all the vice and
immortality in Washington were the work of the
members of Congress and their followers, and
that the old families kept steadily aleof from the
vulgar designations of the capital A portion of
the press, both in the District and elsewhere has
warmly defended the memory of Mr.. Key, aud
exhausted all their abuse upon Mr.. Sickles, whose
position as a member of Congress was rather o
disadvantage to him than otherwise Such has
been the moral standard of many of the represen-
tatives, that the mere fact of man who is Off
cially associated with them being so connected
is sufficient to prejudice him in the minds of the
community among which Congress meets. The
trial was delayed, too, in order to give time for
cool reflection. But notwithstanding all this,
we find that of one hundred and seventy-fve
talesmen that were summoned, all but forty had
formed opinions in favor of the prisoner. Some
of these opinions were expressed very emphati.
cally, as in the case of the man who could not sit
on the jury on account of the relationship
Of being also married man-whch he bore to
Mr. Sickles 1t must be borne in mind, also,
that these talesmen were selected by the Mar
shall from among the most respectable citizens of
the District, and that their standard of intelli-
gence was much higher than that of jurors in
the great cities, where every possible excuse is
resorted to to avoid sitting upon a jury in case
which promises to take up SO much time as that
of Mr.. Sickles. The answers of those men must
be taken as guide to public opinion through
out the country, for if Mr.. Key had any sympar
thy anywhere it would assuredly be in Wash
ington.
The criminal records of all civilized nations
are full of precedents for this general bias in
favor of Mr.. Sickles. In England, about year
since, a man was tried for shooting another
who was suspected of criminal intercourse
with the wife of the party first named. The in
jured husband pursued the supposed adulterer
into public house, and there killed him. He
lived long enough to declare that the crime of
adultery had never been committed by him.
This dying declaration was put in as evidence;
but the jury, nevertheless acquitted the prisoner.
In France there have been two cases of the same
nature within the past two years. In Paris
man shot another for seducing his wife, aud was
not punished. In one Of the departments lady
and her servant were tried for killing the seducer
of daughter of the house, and were acquitted.
In this country such cases are numerous. That
ofSingleton Mercer who shot the seducer Of his
sister, and was acquitted on the ground Of In
sanity, made great excitement al ,ho ,;,,o T,
.s,nla, short time sire, young man of
~nihe vi DHhtn Sn"s DanK president IN the
public room Of the ST. Lawrence Hotel. The
person who was killed had brought about mar
rage between his ward, Who was bis mistress,
and Smith, who was adjudged insane by jury.
Farley Pratt, Mormon elder, abducted the wife
of one M'Lean. Pratt was followed and killed
by MLean, and no indictment was found
against him. A woman in Cincinnati, who
had been seduced deliberately shot and
killed her seducer while he was looking
in at shop window, and she was acquitted. In
another recent instance of seduction in the West
the brother Of the victim followed the scducer
through several States, and upon his refusing to
make reparaton by marriage, shot him down.
The jury acquitted the prisoner without leaving
thcii seats and the presiding Judoa in receiving