The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-04-12


would even be proved by aservant q the hou:e,
perhaps BY two, that In one Instance, ne Vas oo.
tected 10 Ambiguous intercourse with her, 70 me
TO be IN the house until four O'Clock 10 the morn
Ing. 1t bad been said. In order 10 harm tne oes
fandant, that the President would interpose W
case the verdict Of the jury was not 10 Iasor o.
the prisoner. He knew not what was the inten"
ton OF the President, but IL that onicer hao sucn
an intention, II was but founded on the very COD.
s!deratons which should influence the jury itse'i.
Mr.. @. cited many cases similar to the present,
IN which the defendants action was vinoica.cd ~
an Intelligent jury. He asked whether tue sooml'
nable doctrine shall go forth from this court room
that pecuniary recompeuse beal the bIeeding
wounds Of an injured husband. Such verdict
would resolve every house in the district into
house Of prostitution. In Gods name repudiate
mat principle from your verdict. You are over
Swallowed with the ilustrious memory OF Wasn'
ington, and let the influence OF that name inspire
you with fitting and becoming sentiments. and
produce verdict worthy of an intelligent Ameri-
can jury.
When Mr. Graham had concluded, Judge Craw.
ford lett the room for q few moments.
Mr.. Brady submitted to Mr.. ould some letters
of Keys, which were identified by Ould ard Car
Isle - being in the handwriting of the deceased
Mr.. Brady proposed to read letter, dated
March 26th, 1858, from Key to Mr.. Sickles.
Mr.. 0uid objected to its reading.
ri. DTduy-O0 WnAt RrOuuul
Mr.. 0uld-The first of the letters purports to
be one from Key to Mr.. SickIes, enclosing letters
from various parties and replies all the enclosures
being copies. The objections are those: The LETT
ters are in no manner connected with the matter
now being tried, The letters are q correspon-
dence between Key and other parties than Sickles
Mr. Brady replied-That in opening the case, Mr..
Guild said that he would prove that the incentive by
which the prisoner was urged to kill Key was ma
'licious; and when the evidence for the government
was adduced, it was not shown that the parties had
been even personally acquainted when the COLI.
sion took place. The jury had only been shown
that meeting, on the streot, had taken place,
which bad resulted In the death of one by the
hands OF the prisoner. In producing this corres-
pondence, it the object of the defence to show
that friendly feeling existed between the prison
er and deceased, which was admissible in all trials
for murder
Mr.. Oald did not think these letters showed, on
their face that friendly relations existed be tween
the parties. Eren if this we're the case, the lets
tiers had been written almost year before the &C.
currence, aud in point of time could hardly be ad-
mitted as evidence. Because friendly relations
existed between parties over year before the &C :
cnrrence, was no reason that those relations had
been continued until short time previous to the
death of Key.
The letters were handed to counsel for examina-
ton.
Mr.. Brady answered that his object 10 producing
these letters was to prove that the killing
il was sought to prove that kndly relations ex.
listed between the parties showed that no felonious
intent existed. 1t was not for the prosecution to
judge who Their the letters showed friendly feel
ing from Key towards Sickies. But it also
claimed that the correspondence was admissible as
evidence of the position of Key towards Mrs. Sick.
les, aud Of the hospitabe manner In which Key
was received at the house of the prisoner.
Mr.. Carlisle said if there ever was case tried at
this bar which demanded that the rules of evil
ha full u kal > fnr
the correspondence, he would like to know what
bearing it could have in determining the character
of the act for which the prisoner was placed at
the bar. He considered the letters as nothing more
than evidence of merely courteous relations be-
tween the parties. It tended to shed On that
question no ray CT light which any reasonable
mind could perceive 1t was sought, also, TO in
troduce as evidence the letters enclosed in the
letter of the deceased which letters were written
by other parties. Even if it were admissible to
introduce the letter of courtesy of the deceased
himself what he said in terms of courtesy could
not be admitted. He was not familiar with any
case in which such evidence was admitted by a
court. 1t seemed that the defence would have
great difficulty in proving friendly relations be.
tween the parties, when it was necessary to bring
in note of simple courtesy, written nearly IL
months before the death of Key. Because Sickles
had received Key into his house, was no invitation
OF more than courteous custom between parties
in this city. 1t was not the custom before intro.
ducng gentlemen under your roof to exact guar.
antee that he would not seduce your wife or
daughter. Happily, there are still many cases of
virtue of wives and maidens among us |; but the
letter in question appeared rather to bear evi.
dence OF recent difficulties, than of friendly re!a.
items between the parties.
MIR. Philips coDtended that all evidence as TO the
relations OF the parties was pertinent to the case
The only question which could be passed upon, was
az to the competency of the letters in question as
evidence. 1t was for the jury to determine their
effect. No matter how slight was the evidence of
friendly relations afforded by letters they we're to
be admitted, even if they were but dust in the
balance.
The court said that the original letter was ac-
companied by six other letters-copies. 1t saw
no bearing which these letters could have on the
case, as proving friendly relations between the
parties. The letters could not be admitted as ev.
idenee.
Mr. Brady requested the court to notice an ex.
ception to this ruling.
CALLING OF WITNESSES FOR THE DEFENCE
VIM. Badger, Of Philadelphia, was the first
witness called for the defence: Resided in Pbila
deipbia, was Navy Agent; had held the Situation
two years; knew both prisoner and deceased; had
known the former since his return from the
court of st. James; so far he knew of the re.
iatlons OF the parties they were of the most nti-
mate character; knew Mrs. Sickles very well in.
deed: was at dinner party given by MIR. Sckles
at his residence, shortly before the decease of
hey; Key was there as guest of Mr., Sickles:
Mrs. S. was at the table.
Witness being asked who else was there, Mr.,
Carlisle objected to the question as being imma.
tsrial.
DIR. Brady said he wished to show that the in.
innate friends of Sickles were at the party, and
that part of the family of Key were there.
Mr. carlisle did not see how the relations of the
homoers 81 AeJs fanlly with that of sickles could
nave any bearing on the case. He did think this
collateral evidence admissible. He asked the Cou
70 conflne the evidence in the direct relations be-
tween the prisoner and deceased and nc suffr the
evidencsto be stretched. so as to bring in otner
parties VINO had nothing to do with the case
r Me brady SAID no one more sympathzsd with the
family OF Key than himself; but when man is on
trial for his life it is the the duty of his friends and
tounsel to produce all evidence which will bear "a
the family of the deceased every link which wouid
prove the existence of intimate relations between
ne parties OF the utmost importance to Sickles.-
All that the Jury had learned was that the parties
nad met on the street. and that Key had died by the
hand OF the prisoner. The jury had az yet no evil
iencs OF previous acquaintance between the par
Ies, anu IN the absence OF such evidence thew must
1nd verdict of guilty. 1t wss therefore the pur.
pose OF the defence to prove the intimate relations
md the question asked the witness hal direct
bearing on the case.
=, me Court decided taat the question was not ad.
Mr.. Badger resumed.-The company separated
Ibout II O'Clock. TIL ought Key left about the time
witness did. Did not see Key again that evening.
N last time he saw him. was at the hop at viii
,ickles N-0 !" ia S
Mr. Kagger. Of Albany. n Y, next called
JGuge CrdWfOfu mere lett his seat for q few mo.
nents. When tina Judge returned
MI Hosh9ns, (h CO from Nelo York was called
md testified Has known Sickles IS or 20 years -
Anew Key since March, Immediately after Blu
aansn,s Inauguration. was introduced to him by
DR. sickles. Knew Mrs s.; has known her u years:
While they resided in Washington witness and wifs
frequently visited the family. and frequently met
Aey there; saw Key at the last opera at which
Pie colsmoni performed. some two or three weeks
,efore his death; remember a whist party at the u
! Marshal hoovers shortly after the Inaueura.
Ion Slckles was there a. well as wtEess. At this
resident. and urged his re-appointment to the of
ice he held at the time Of his death Key replied
Intimate; their intimacy of the closest nearest
,ickles. A
Mr.. Ould claimed that general conversations were
aot evidence.
Mr. Brady contended that the conversation re.
ies. -