The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-09
Especially reported for the Daily Exchange.
[opec'uHy reported for Tie Duly Exchange
TRIAL OF DANIEL E. SICKLES,
FOR THE
MURDER OF PHILIPBARTON KEY
FIFTH DAYS PROCEEDINGS.
CRIMINAL COURT OF THE DISTRICT OF CO.
LUMBA-JUDGE THOS. II. CRAWFORD,
PRESIDING ---.. .....

CRIMINAL COURT OF THE DISTRICT OF co
LUMBA-JUDGE THOS. H. CRAWFORD
PRESIDING. ...e. ...-- -
WASHINGTON, April 8, 1852
AT twenty-five minutes past ten o'clock Judg
Crawford came in, and the Court was opened
Among other eminent persons present, we noticed
Judge Il. Collins Lee, of Baltimore, who occupied
seat by the side of his Honor, Judge Crawford
AT twenty-five minutes to eleven the prisoner wa
bi ought in, and the jurors were called and an
swered to their names. The case was continued OF
the part OF the Government by calling
| Eugene Pendleton, who failed to appear
Mr. Ouid stated that this a very important
witness, who saw the whole transaction. He haC
been informed by the brother of Mr. p, that h,
was yesterday ndisposed, and perhaps that was the
reason he was not here. He was almost the only
other witness on the part of the Government thai
they proposed to call at this stage, and Mr. Ould
suggested that an attachment be issued so that an
opportunity might be given of ascertaining the
FACTS IN the case. Of course, if the witness was
sick, certificate to that effect from his physician
would be all that was necessary.
Mr. Chiffon stated that there was a gentleman
In Court by the name of Roberts who was able
to state, of his own knowledge, that Mr.. Pendle-
ton was sick in bed at five o'clock Yesterday
| evening.
Mr.. Ould would like to know the nature of the
illness, for perhaps the witness would be able to be
here tomorrow.
The Court thought the better course would be to
issue an attachment and if the man was too sick to
attend that the Marshal be instructed not to serve
1t, but to obtain certificate from his physician to
the fact of his Illness
Thomas Woodward, coroner was then called
Held the inquest on the body of Key. produced
the pistol which he received on that occasion /
The pistol is in the same condition in which wit
ness received it from the hands of Mr.. Downer;
examined the body and clothes of deceased: the
clothes are in court; found two keys in his pocket
and also fourteen dollars in SPECIE which witness
handed over to Mr.. Smith, friend of deceased;
also found the case of an oPera,,gass and hand
kerchief, (which were produced in court. Deceas-
ed was wounded in the side and in the thigh near
the large artery, and there was also a slight wound
In one hand. Witness then produced the clothes
OF key--a white linen shirt and dark striped pan
falcons, showing the hole made by the bail which
entered the thigh of deceased. The vest and coat
are not now in court, but can soon be obtained.
BY Mr.. Ould.-"Was there any evidence in these
| clothes OF any penetration"
Mr.. Stanton, (interrupting. l-'I object to that.
| Let us have the clothes'
After short interval the coat and vest were pro-
duced. There hole in the left side of the vest
and another the right side made by pistol balls:
| also hole in the left side of the coat
! Cross-examiued by Mr.. Brady.-Found no other
handkerchief except the shown; thinks he
found the opera glass case in the sidepocket on the
breast OF the coat of deceased would not be posi-
tive, however, on that point found nothing else on
the person OF deceased than the articles mention
| ed; found no letter. there was a bunch of small
keys, which his family wanted, which witness
ueliNereu 10 JOnn a. smith, flrst saw deceased in
the clubhouse; he was then ifeess; is not positive
whether he had all his clothes on at that time: left
the clothes on deceased because the doctors were
about to make post-mortem examination: the
clothes were delivered to witness subsequently,;
does not know who had access to the clothes of
deceased before witness arrived there were Is or 90
persons in the room many of whom were st rangers
to witness; does not know that any person had par
ucular charge of the body; it was between and 4
oclOck when witness arrived; was at nv housa in
GeOrpetOWn. q fron Nnu, RI
me IN a hack-am not positive to his name ac
companed him Immediately to the SPOT
Eugcne Pendleton then appeared and was ex-
amlned. Was not resent at the time of Key's
death; near the place and saw two of the shots.
was walking on the south side of the avenue and
was near the east gate of the Presidents grounds
when his attention was attracted by the report of
pistol; on looking around saw two persons in
the direction of 10th street. apparently engaged in
sculle. and one seemed to be endeavorinr to re-
treat from the other the one nearest to witness
succeeded after awhile in freeing himself sudden
ly from the other and ran into the middle of the
street. followed Though not Closely by the other
person, and throwing, at the same time as he fol-
lowed, something from his hands at the gentleman
VINO was retreating; witness afterwards recog-
niZed him as Mr.. Sickles: Sickles soon turnad.
the other gentleman having stopped as it were
and brought down pistol, and being about ten
feet separated from the other; fred it at him.
the other man exclaiming "murder, murder
don't shoot r as soon as Sickles fired; wit
ness saw that the shot had taken effect, for the
other man swooned as it were and put his
hands on his side and started for the pavement:
as he reached the pavement he fell, and SickIes
lollowed him up, and standing over him fired the
second time as he lay at his feet and then present
ed the pistol again in the vicinity of his head or
shoulders, which snapped witness heard the ex-
ploslon OF the cap; at this time, saw some one
approaching from the Clubhouse down 10th streat
and when he reached Sickles he placed his hand
upon him; Sickles turned suddenly around and
there appeared to be some words passing between
them, which witness was not near enough to hear;
some one then came up and took Sickes' arm, and
they walked up the street together; persons then
began to collect, and took up the BODY of deceased
from the ground and conveyed it to the Club
house; when witness arrived it had lust been
taken in; witness asked who it was that had
been shot. and was informed that it was Phil y
Barton Key; witness then turned, and on his
way back discovered a man on the opposite
side of the street, fishing out of pool of
saw of the case: did not know Who'll was until in
formed at the clubhouse; supposes that it was some
fifteen or twenty yards from the avenue. I'M 10TH
street, where the glass found, and nearer the
west side of Madison Place than the east sid..
thinks 1t was little above the second tree; cannot
say whether the opera glass was the article which
witness saw thrown; was not near enough to dis
tlngulsh; the article was thrown lust as SickIes
lreed himself from the other man and got into the
middle OF the street; Sickles was going from near
the second tree towards the corner of the square
dlagonally across the street; the parties were not
on the avenue at all during the time witness saw
them; when witness first saw the affair he contin-
ued 10 walk past the gate of the Presidents grounds
and had just passed the small gate when he saw the
second hire; saw no pistol in the hands of KEY; the
hrst time he saw pistol in the hands of Sickles
was When ne hred the second time; did not see the
bfst iire at ALL but heard the reports was not suii-
clently near to discover what kind of pistol it was:
could not tell whether it had one barrel or more
than one; heard three shots in all; when he heard
tne thlrd report, Key was PROSTATE the ground;
nj MI hot. al.
very short time; thinks this scue took place near
the pavement thinks it was Immediately off the
pavement; kept his eye the parties all the time;
does not recollect more than one snap
Cross-examined by Brady.-When witness first
looked it was in consequence of the first report; did
not 60 into the Clubhouse; there was one gentle
man in front of witness at the time and number
OF ladies, who appeared to be frightened, and were
apparently returning from church.
DR.. X. III. Coolidge (U. S. Az testified that he
made an examination of the body of Mr.. Kew; made
two eXaminations-a partial one Sunday afternoon
February 10Th, at Club house; when he first saw
MN his clothes were on; did not remove any ofhis
clothing entirely from the body, but opened it to
examine; at that examination saw one wound
ON left side, between tenth and eleventh rib;
the ball had traversed the body 81 inches above
the hip bone and inches from the middle of the
back; on the opposite side, inches above the hp
felt ball under the skin; the right thigh found
another wound, the ball having passed through the
thigh; afterwards the clothes were removed BY wit
they found wad, on removing them, on the left
side; thinks he handed the wad to one of the iurv:
on stripping the body, the right side Slight
confusion of the skin, and on looking at the coat
and vest, saw that they had been penetra-
ted by ball, and concluded that the bruise
had been made by a ball glancng off on
the following morning, Is hours after death
full examination was made by DR.. Stone and wit
ness there was no injury about the head; there was
bruise on the little finger of the left hand; on
opening the body found large quantity of blood
IN the cavity of the belly; the course of the ball
broke the eleventh rib, and cut the posterior and
under edge of the spleen, and made deep groove in
the upper end of the kidney, and entered the large
lobe OF the liver, within half inch from the great
vein OF the liver; it then went through the dia-
phragm, and passing through, broke the eighth rib
on the right side, and lodged as before stated I'M
der the SKIN; there was an unusual quantity of fat
tened matter about the heart but the structure of
the heart was healthy.
Mr.. Ould asked the witness to state what was.
the probable position Of the deceased when the
wound was given.
Mr.. Stanton objected that that was for the Jury
to determine.
Mr.. Guild argued the question: and stated that the
ball penetrating the Spleen the kidney and the liver
In Its course would have wounded the intestnes
had the deceased been in erect position.
Mr.. Brady objected that the general rule of law
was that witnesses were prohibited from giving
their opinions in matters of judicial investigation
Tins was not question of science, but one of fact
and 1t was for the jury to determine what the re-
latlon between the parties when the shots were
fired.
Mr.. Ould claimed that the question was legiti-
mate, it being competent for the witness as an ex-
pert to show that wound received in a standing
position and touching the vital PARTS desc, ibed.