, 1859-04-19
The Trial of Daniel Z. StckIes for tho
Killing Of r. BaF1on Key.

WASHINGTON lSth.--The Court opened ut 10
90. The usual large audience being in uttend-
Ance, Mr.. Sickles wRH soon afterwards brought
into Court. The Petit Jury which had been H.
rected ~ be in attendance to-day, had their
names called, and we're excused from further ut
tendance till this day fortnight. This would in
dicate an intention on the part Of the Judge to
annul the evidence offered. The counsel for the
prosecution arc inundated with country news
papers containing editorial comments IN regard
10 this trial. They hare little time TO read or
profit by the sage suggestions therein 1nnde.
his argument against the admissibility of tle cy-
idence offered to prove the adultery. He had en-
deavorcd, he said, when he closed lis remarks TN
Saturday, to shpW that the fncts offered in eyi-
dence on the part Of the defence did not amount
to legal provocatlon, much less to Justification,
and that the question Of provocation, justifica-
ton and cooling time were mere legal questions.
He had been interrupted. politely, OF course, by
question by Mr.. BRADY, usling on what were
the jury to pass if the Court determined justii-
fcation and the cooling time. 1t was the duty
Of the jury, he held, to pass upon the facts .ls
connected with the killing, aud to apply thelaH'
as enunciated by the Court with reference to
justification, provocation and cooling time
The court has its peculiar functions aud 30
has the jury. II man wns indicted for puison-
ing, would the learned counsel claim tint eyi-
depce Of justification, provocation, or cooling
time should be given. Did not the law declare
that in such a case there could be- no justiica~
ton, no provocation, no cooling time. the jury
pass upon the truth Of the fuctA offered. Their
suficicncY in law was a question exclusively
for the court. II the court decided thut they
were sufficient in law, then the question Of t!tir
truth went before the jury; but if the jury de-
cided that they We not sufficient in law, then Of
course they did not 70 before the jurr 1t was the
constant practice Of The courts to pass upon pro-
vocation, justification and cooling time.
The Jadge-At a different stage from this,
-Ar: Brads%-We utterly refuse 10 enter into
any discussion Of any question Ut this time, IL
ccpt what relates to the particular point befure
youv Honor for determination. We offered to
prove habitual adultery. The objection was
made to thut as to justification, provocation,
and cooling time. We propose to be heard at q
further stagc. In asking the counsel for iastruc-
tons, We mean to Insist that the jury arc
judges Of the law and the fucts, but the time
has not arrived yet
Hr. 0uld.-Certalnly misunderstands the mr.
gnments Of the counsel, if the questions Of jus.
tihcatlon, proyocaton and cooling time we're
not now before the court.
hr. Phlllips-1f the evidence has tendency
towards tue justification, that il sufficient.
The District Attorney held that it had no such
tendency. for in the Law, the facts amounted
neither TO justification nor provocation lie
ielesiea the court on THIS point to Addison aud
70 Z. Iredel!, pr. It's and Isl, the State against
Jno. P. WigLton. In the case cited IL tic
other side, (Manning's case,) the question Of
provocation WAS beiure the Court, and the Court
there declared what would be and what would
not be provocation. Did moi every Court
IN case Of murder necessarily decide upon the
sutbciency Of the evidence 10 constitute legal
prosocations Undoubtedly it did. The fucts
sought to be put in evidence we're admitted, but
the question was, whether they amounted to a
provocation or Justification. The same doc
trine came up incidentally in the selfridge case.
as 70 the effect which the jury ought to give ind
which the jury must gve 10 certain questions
affecting honor and disEonor.
WASHINGTON. April l6.-The discussion be-
tween the counsel us to the admissibility of the
adultery evidence being concluded, Judge Cruw-
and Mrs. Nancy brown, the witness. was nc.
cordinglY recallcd "N' ~