New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-20

prEgIsrs CONDITION OF mil0, snd - ssHAhi.o6 bfe
INF renee thst be not lssy IespOnsbr7 Tor Toe ac
NJ Dali q rot .e9 hos THE 90 aio, Oh any ground,
be received a. evidence. 10 Wa contrary 10 ne rai7,
sne soah be opening the door wider man on any
previous occasion. ~
Nj. Brsa,-hr Msgruder will show the sathoTltes
NJ Ouh--I 90 not propose T. discuss Il.
Mr Msgruder commenced On argument ey saying
that II seemed be the desire Of the other sde 10
,uppress TIE nth while the cOnstsot purpose oi the
os',p,e "a. 20 bring out sl the facts and circum-
stances 10 enable the Jury 20 pass upon TIE case IN
t.ni.e.ty. TIE care foT the prosecution Mas con
duct.6 be said, as If yonr HoGOr were Nioos or q
HI adgmsBtbus, sitting 10 sdmlmeter sons bfat'lc'0e
IL the regions Cf Plato.
TIE Jad,e called counsel 10 order. This srgun3nt
be I'D, was ore q isT.
Hr. C,rl,e-Ss far az We are concerned we are
quite .hDg that counsel should be al owed to express
nj, views Of how the case should be argued aud con
doet.d Atd he is gate safe 10 suppOspg that our
vi.ss .il probably oever coincide with his.
Mr.. 6agrgoer called the Jodge 10 vitaecs INST ne
vac only speskog reply 10 he remarks made 10 the
course o tee prosecution There were nere 40 prose
cuii0f s-a public sid private one. That VS. rather
an ~ usual spectacle in tins Court House ID ne not
the ~ ~ 10 speak OF the gent emsn sssoeats1 IN tbs
prosecution tMr Carlisle private prosecutor IL
gss lotOIOus fact tDst toe Chei N7gstr Ate OF Tue
COUNTY, toe P.,id Of the United Ststss vss epphed
10 10 e poy sdo to,al counsel 70 aid tae persecution
81 d tEst re declined u do TO-
Jndg.-MJ Magruder, do not refer, Il yO1 please,
o n. Chief NJ .gistrs,e ofthe country. He hss Eotn-
irg 10 the world 10 co xith this matter 1t MISTER
Of sYt umsnt law p0Dt
Mr. Carisa-The gentleman means % demohsh the
az point by commenting on ote OF the counsel Tor the
1rgstc u'ior TrGt e q novel style Of argument. l
Inn the gentleman had better c1Etent himself with
snss.rips my arguments, rather tnsn harpIog at my
preseIce
Mr.. Nagru3er 'Ook the hint, and proceeded 20 argue
the question. rhs evidence, he sald vas Oh5red as
besrDs OK the prisoners este Of mind, and he argued
that in tnst as well IN other points OF view the evil
d-nce vss admisslble.
The d strict Attorney said that it vss not his pur-
nose TO icaas the question at all IL had been already
efficiently discussed. He simply arose for the pur-
pose Of making remark. The motives which ecu
ed the prosecoon had been already frankly stated
lie vss surprised that gentleman would rlse IN TINS
piece and say that the prosecution had suppressed tue
Truth snd suggested f.sehO0d. II ne believed thst,
a. siiU expressed Big persOnalTegard Tor the counsel
who conducted the prosecution. the confession isseh
was Illuminating.
Mr.. Msgrude1 explained, that he ssid the proIecu
tior carried on the paste Of suppression Of the trutn
and suggestion falsehCod, BY the technical o0ectons
rBied. 1870
Mr.. O1lJ slso explained, that the remarks which he
bad made in reference 10 the theatrical snz 4Jn OF
the defense rclaoing gentleman outside OF tae pro-
fessior the R-v Mr. Haley)-were made IN a plaSfdl
spirit Al he surprised hat they had not Deentskeu
IN Ii at spirit.
oppc rtaDity Of makirg tae smende honorable.
Jadee-It is proposed 70 prove whst the prisoner
Il first leaving bis house, and shotty before Tue
, Iirg. Declarations Of a defendant are never eNl-
derc4 for him uDess when they ara part OF the res
gtsta, or are ms5s evidence by the United States.
The lergth Of Lafayette fquaTe IL well kooEn 70 the
Jury ana COUNSEL and, in my Judgment, the distarce
s too great to allow TINS declaration 10 DC gwen as
nh,t of the res PeSt There but point Of view
Ia which the declaration can be received. That mas
been made one OF the sspects in which II 10 presented
10 the Court. IL is ~ the insanity OF the PRISONER
or enODg b prove insanity a. the time tue act was
committed AZ far the declaration may go TO show
\ i,t he -
rstoIs Of alleged to be insane are the beet pos.
sbe evio ence Of insanity; and II these declarations
are offered tor that purpose do not feel ~ hoery 20
reject them Bat tIey rejected as part OF the res
etsfd and must be submitted t. tue Jury simply IS
evcef &c Of the insane condition OF the prisoner al the
time and for other purpose; that is TO chow that
the pryCners miId in an uDsOund state. Inc
declarations Of man no IN the moment OF killing or
after may be evidence Of insanity, or msy not De-
Sucu evidence 5elved IN the case OF Day, IN
this Court extending through period OF some months
and Up TO the very moment Of killing.
Mr. Brady-Yes, your Honor; do no. know how
ese IN the world u Judge OF man insanity except by
what he Gays or does.
Jsdae-There "a no way Of proving il so well ss by
OF acts and declarations. Counsel understands that
this Is received on t1st ground only.
MI Brady-We understand your Honor perfectly.
Mr. NOOdr dge wosTec4iled 10 the Witness stand.
Mr. Womb ridge az ain took the stand, and, IN reply
TO a question by Mr.. Brady, said that Mr. ScSl-.
sitter the waving OF the haufkerchief by Mf Key re-
has made signals TO my wife, that was the purpoit OF
what he said. $500 800.
q. You have already stated that Mr. Sickles exhibit
ed TO you the anonymous e ter above referred 10: dd
Won in cOpse QueuCe that communication, make 10
ouiTy on the subject o. that letter. 10 whether its
contents we're true or not
A. Yes, Sir.
q. DID you communicable Mr. S.ckles what yon
had sscertzined on that point
A. On Friday dld Mr., ) ckes resd 81 the letter
except the last two lines 20 me, and then handed -
ne; on Friday afternoon, think, after g1sli2nt 1
went TO the pre- mises on Fifteenth street mentioned
to Mr. Sckles that bs1 obtained the cOnsen OF pAr-
ties living opposite the house 70 occupy roOm enc
that these parties told toe lady was lost at Grays
house on InuIsosy Of that week, before was there,
ord was with Nh Key; / had discovered that nai
made mistake az IL Was Wednesday and not TnuEs-
cey the woman was there ard tlsl told y MI Scsles;
then gave MIN description Of the dIesse. sne wore
found IL always alo 4e same lady Mr.. Sckes
recognized the apparel Of bis wife, ana appeared a.
time 70 convince ann i was bic wife who al been
there told him the lazy hsd there tgO or t1ree
times u week; Mr.. hey would come fret, 90 ilto
the hcuse leave tie cOoT on jar Gnd toen she Woui
Rip II previous 20 his, tOrel or something Thte
would be Tut out II the oOsed windOg and by this,
parties the nel, hOOTaOOd knew Nj Key was IN the
house, sr1 that the lady you'd come from that fact
tod hin Nh Key hsd ssd that ne hst hired the house
for C. Congressman OF 6 Senator, and that & Osd OF
wood already sawed, had been broOght there and car
ned thToug the entry the yard; rad nOTedge
ofthe facts myself; | could not meet persOn vho
knew MY business IN 9OirR lntO -la. nelkhoJIn1OS,
who could not give information on cns sgoject;
Mr.. Sicsles ssii bic hope that this not bis
rfe, became De had made inquiry and found t1s on
Thurs1sy che could rot have been there, bu. when
corrected myse. snd tod bin il on Wednesday snd
not Tbursday il unmauned hin completely.
Cioss-exsmined by Mr.. Carlisle-Ine anonymous
letter exhibited l. by Mr.. S.ckles about
o'clock on the 25,n OF February, Friday; it VA IN
the Capitol in the OF the Speakers casir Mr..
Slckl-s said IS ne .Vpfo.ched me- taking the letter
mt Of nfa ant 70 IN a