The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-21
PRICE TWO CENTS

tlons inns evidence goes, therefore, to satisfy the
jury not only that the inference, which is reasona-
ble is just one, but that, in this particular case,
this adulerer had armed himself for the very pur-
pose of staying the husband of this woman in case
he ntertered for the purpose of avenging his fam
lily honor. This evidence competent, because
Key is the hinge and axis upon which this prosecu-
ton turns, and the defence had right, if thev
could, to qualify nulify their testimony by the
| evidence of Key. This also would meet the aggra-
waited theory presented by the learned counsel for
the prosecution, who opened the case. The place
where this declaration was made was in Lafayette
Square, in view of the house of Sickes, and at a
time when Key was probably seeking to consum-
mate the same intentions towards Sickles' house
| and wife, which he was frustrated in endeavoring
to consummate on the Sunday on which he met his
fate.
Mr. Carlisle said he would answer the gentleman
In as few words as possible. In relation to the doc
trne of justification and divine vengeance, which
was regarded as countenanced by his Houor's de-
clslon, he could say he had not so understood the
ruling OF the Court as sustaining any such extraor-
binary doctrine. The evidence was admitted sim
| ply to show the insanity. The first counsel who
spoke, Mr.. Brady, had not relied on that ground
for the admission of the evidence, and he was Gu
rious to hear him that point. He had thought it
was admissible to show previous adultery and per-
sistence in it..
The other grounds were entitled to more consid-
GRAFTON. This evidence was proposed in order to
show, first that Mr.. Key was armed and: second,
as tending to an impression on the prisoners mind
| d.
and also as implying threat by the deceased to-
wards the prisoner at the bar.
First, as to the claim that Key was armed at the
time OF the homicide. The evidence offered is of
| a declaration of deceased, accompanied by pes-
ture, made some ten days previous to the homi.
eide. The question was whether he was armed on
| the day of the homicide; not whether he was armed
on the day previous, or ten days previous.
Secondly, as to the fact claimed that the prisoner
knew that the deceased was armed, Mr.. Carlisle
urged that there was nothing in the evidence pro
posed to show that the prisoner was aware of suct
fact. Nor is it material to the defence to show thai
he was armed on that day, but only how he user
those arms. That could be shown as a distinct
fact.
As to the asserted threat on the part of deceased
towards the prisoner, Mr.. G. in review of the nro
posed evidence, said that first it was alleged thai
Key had made denial of his guilt and had after
wards been warned that notwithstanding his de-
NAL, he was in danger from the prisoner and ther
Key said he would defend himself if attacked
Mr.. Carlisle contended that it might be reason
ably inferred that the latter assertion of Kew wa
in reply to the threat of danger from the prisoner
The argument Is, that the prisoner arriving at :
conclusion of the guilt of the parties and BEING If
the exercise of his to treat the adutere
as not in the peace of God and his country but al
an outlaw, and Stay him, and that the deceased i
he took the life of one who was seeking to slay
him, thus would be committing murder
When first this opinion was enuncated on the
other slde he thought it rhetorical hOurish but il
seems that it is deliberately studied doctrine with
them. The speaker did not think the world wa,
quite prepared to receive such novel doctrines, and
of all places in the world he should regret to see
them taking root in this temple of Justice
he would not be behind the other side in de-
nouncing adultery, but he must also denounce the
doctrine that society, by the mass or individual i:
to punish that sin in the mode proposed
The Court stated that the proposition as he un
derstood it, was to admit evidence that Kew haC
said that he looked upon Mrs. Sckles as a child
and that he stood towards her as parent; and af
] fnryv ardl ha said rolo hopI
at the same time, that he was prepared for any at
tack from Mr.. Sickles.
The Court did not perceive how this evidences
tended to the establishment of any point involved
in the controversy in this case 1t seemed tina
some of the declarations of the deceased were mad
in last June, and that the last were made on tn
18th of February last. How that tended to prov
that the deceased was armed on the 9th of Febru
airy, some ten days later, did not strike the Court
Another ground on which it was not Admissible
was that it was offered to the conduct of tn
accused, on the ground that he had a right to sup
pose the deceased was armed. The Court did no
think the question of his being armed on the par
tcular day when this witness conyersed with him
had anything to do with that either, as it was no
proposed to show, nor was there any evidence t.
show that the conversation between this witnes
and Mr.. Key had ever been communicated to Mr.
Sickles by this witness or any other party.
The Court could not look upon this evidence a
admissible.
Mr.. P. ]. Brown, called.-Made measurements il
!
inches from the inner wall to the inner wall; tn
sofa is the west window; the thickness of tn
wall between the front and back rooms is l.
inches.
Cross-examined by Mr. Ould.-Made the exami
nation yesterday morning; do not know where tn
sofa the day of the killing; don't know
whether the wall is brick wall or not; the jaml
of the door is about an inch wider than the wall
the depth of the library is II feet 10 inches; di,
not measure its width.
Felix McCluskey, called.-Resides in BROOKLYN
was in w ashington on the day of the killing; wen
TO Sickles' house after that event; there was cor
siderable confusion and mob near the club house
following after Sckles; did not see him till he wa
near Horace F. Clark's house; when he went int
Blacks house witness sent a note in to hin
and got word that he would be on
in few minutes remained there ten or fifteen mir
utes; Sickes came out with Butterworth and 90
into a carriage; witness went up to Sickles' hous
and got there just before Sickles did, there was
body there then but Woodbridge and Miss Ridpeley
Sickles in about five minutes; they got out {
the carriage; the carriage was full; Mr.. Wake
soon came, looking very much excited and scared
Mr.. Walker went into the library, and then wer
into the room with Sckles; thought from the stat
he was in, he looked as if he might kill every MAJ
woman and child in the house; Kept my eve on hir
pretty close, and followed him up stairs he wen
up stairs to get some keys; feared he would d
something; | kept my eve on bin; | heard one {
them, either Sckles or his wife, make a groan O
something of the sort when he went in her room
when the door is shut between library and parlo
can't hear; when opened heard hum; at Black
Sckles looked frightened, his hair was over his face
had not seen him before that day; he looked sea
red and furred.
.Cross-examined by Mr.. Ould.-Stad at Sickles
house till he went to Jail; Sickes in the house
over an hour after the occurrence till he went [
Jail; he staid up stairs only few moments; cam
down stairs first; he then went into the library an
then through to the back room; the door was close
after he went in; Butterworth shut it; ] move
about the library entry; did not go in the bac
| I'd Iyh wac in tbn boll
when the door closed all sounds were stihed; hear
a confused sound when the door was opened; SUP
posed 1t was Sickles crying; it was after he cam
down and went into the back room; Can't Goddar
was walking with Butterworth Bennett and
think McBlair went to the Jail with Mr. Sickles
McBair came up the steps after me; don't recollec
who were at Judge Blacks; | went into the entr,
and had a few words with Black; | saw Sick lie
when he came out to go to his own house.
ran down to Sickles, from Judge Blacks; thu
only time | was very to Sickles was when h
came out to get in the carriages don't remembe
seeing Sickles come out of the back parlor; | say
him in the entry, giving directions before he wen
to jail don't know that he came out the back room
judged the walls were thick by looking at them
don't think any one was in the back room, excep
ButterwOrth and Sickles; don't know; first say
Walker there before Sickles got down stairs; Wal
ker went into the library; Sickles came in; the
Walker talked it'll McBlar; knows Walker was il
the back parlor also; he went in with Butterworth
saw them pass in; Walker said it was dreadful
thing; he seemed excited-to be taken all aback
By Mr.. Carsle.-l got answer to the note
sent into Sickles from Judge Black; Sickles did no
come out to the door at Judge Blacks but once
went there out of attachment to Mr.. Sckles, and t
render him what aid l could; | did not know befor
| went there that it was Mr.. Sickles, at least nc
till got to Mr.. Horace F. Clarks; did nc
learn at the clubhouse who was killed; don
recollect of being told who the parties were ii
got to Horace F. Clark's; don't thin
| saw the dead body; | recollect now, saw Nj
Eustis at the door of the clubhouse; heard hil
say che is dying" asked and was told it was Key
then ran up with the crowd to Judge Blacks; wa
told by some in the crowd it was Sickles VIII
had gone to Judge Black's was not certain ii
saw him come out to get in the carriage
Charles G. Bacon, caled.-Procured certifcat
from the surveyors office that the plat is correct
showing the width of Presidents square to be II
feet; the width Of Madison avenue is 80 feet lin
Guiding the side walks;) Jackson place is tn
same width, being the street on which Mr.. Sick
les house fronted; Lafayette square is 4l9 fee
10 inches; the squares on which the Club-hous
and Mr.. Sickles house are situated are of the sam
size with Lafayette square; the length of Laayett
square is 725 feet inches, exclusive of Madiso
and jackson places; witness walked from tn
East of Com. McCauley's house to the tree in 3
seconds; ran it in 10 seconds; the distance is %
feet.
John McDonough, called.-Is groom and footma
of Mr.. Sickles; went there the 10th of February
1859; always accompanied the coach; last say Ke,
in Lafayet square Sunday noon; last saw hiI
prevous V on Thursday before; him come iron
the clubhouse down towards Pennsylvania avenue
he went into Douglas greenhouse he came to tn
carriage door and shook hands with Mrs Sickles
saw him next at Levy Thompson's; from there ven
to Gov Browns; he there got into the carriage an
drove down to Mrs. Greenhow's; they rem aine,
thpra 9bOnt an hnnp kay had Huhi,, -, hoaJ