Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-21
Trial of DanieI e: siclies.--Thirteenth



@ SS indicate e aisnS q che pa, q e 15 uags g ~
coss his argument against the adnissy Of the eviaene
offered TO prove adultery He had been sndsavorng ne SAD
when closed Saturday, show the facts offered
IN evidence on the part OF The defense amount 10 lega
provocaon, much less jaron- and shat the questions q
Proseea0a, Justification, and cooling tire we're issa cues
tons. lie hadieen interrupted politely Of course py que
ton from Mr. Brady asking on What wTe se ysIy 70 pass Us
COurtdetermined the justification and the cooling TIME - a.
ttedaiy Of the jury be held, 70 ss upon .s Tea n i or
win the killing. and e apfs ne Jaw ma o,; t;rs
Yish reference % ustiaea'ton' proeoea9n, anu
The Court peculiar functions and SO has the Jury
rereere questions in the that was the auii OF he
facts offered Their suieiency in law was CUES
were sufeent in law, then the question 81 their truth ven %
fore the jury; but II the Court dsedd that they we're not SUN
ceatin law them Of course they did not 20 before the jury
& ~ rs tp,seTerpt NM yss to tie par ficuar point
ur your honor for determination. oerda prove haH
a. @ eong t,s Ne so To- he heard n future siae
10 asking the Court for Instructions and 10 insist that
the judges Of tie Law aud Of The facts but hal time
Oald--I certainly misunderstood the argument OF IL
The questions Of justification, ana cooling time were
PhilIpsIf the evsnce has tendency toward Justification,
! thai II suahlieut-
t Ai:orney-ITsid intit had 40 tendency in
la ie as amounted neither 70 justification per proYoeaten
lu ci w The other Manning easihe question
Of was ore the court and the court ee declared
what wul snd VIVA s9opd not be, sufficient proyeeaiion
tae uiey Vi evidence to constitute legal provoeaVn by
as7 Uni-uoledy did. Here sought to beput in
asoanted 10 ora jusication TIE sane doctrine
up incidentally in sefrid9es to the effect that the
ions ai h nI and dlois r. and there the decided
b. uon Cou,sl referred to second volume Of Arehlolls
Crua Practice onil. resuming, replied TO the proposition
Of Phillips, iat tie evidence mpetent orre 'ug malice
Tha he u0ush was begging question. Was the evidence
Of sch character on lis fac as would be legal
naleel IL not competent 1t had also neen argued
th the evidence not competent as affecting TIE question
We the passion Of the prisoner was real or eisned il was
matea for tAeury to lud ogt whether real or gned
II has been also argued ta ne deceased was ue
terry, and that therefore the evidence competent but Il,
prosecution heidi the antsry itself legal
et how could IN invitation 70 adultery be! The other learn
el counsel Graham had argued that the ey encs OF adultery
properly before the court That not He
es that where such evidence admitted, it was admitted
onis a. part Of lls Res GHstae
whole detailed the interview between the father and the
in whose house the crime committed 1t comed
ONE yet all the Circumstances gone iBt
that there Impossible that the facts proved eOHld have been
district ATTORNEY case Ireden was precisely the kind
of else ailuied 10.
Graham-There all the proofs were got in.
District AtorneyThey made part OF the evidence OF
prosecution and put as evidence connected with the hoi
Counsel challenged the defense point where
lection was made 70 such evidence and not sustained
Mr.. Graham-Woald be proper to kill to preen him
committing assault and battery?
The District Attorney proceeded argue testimony in
regard to the handkerchief did not connect the parties with adu
this therefore, proposition to
tHue evidence partially given ut evidence
distinct point re held t's position that it was for
and the alone the nature Of evidence oere
in evidence The trial by Jury creature Of the common law
the Constitution Of the U5el States gave The
jury q accordance the Of TIE common and in
way that Law had been announced BY Hale AMI
and East and Others and what he cJntene for
Of the principles Of thar common law.
TIE Judge just opinion Of the Court decllr
n ne evidence showing Tie ro existing
between Mr. hey and Mrs Sickles is admissible Mrs Nancy
Brown according recalled alleged ty
that presented analogous lie
proceeded that analogy existed in the beloe the
She has deaed my bed The declaration Of the prisoner &
planned ITSELF and therefore evidence euc
The facts themselves carried further impression the
human mind that the expression does.
H0n+r, Heberts drew distinction between dec
aiOns made by the deceased and those made the prisoner
otherwise party might manufacture testimony in his
lie insisted that the OF the
Jarboes applied this namely that that the
killing murder The last gound which this evidence
had been urged the ground Of its being Res Ghat
competent explaining the declaration of the prisoner
mari Of he Pes tis and was re.eivle but liz evidence was
Res GuSie and receivable The Judge de yered
his opinion, declaring the evidence admissible.
accordngy recalled and examined by RacG
Was sufficiently acquainted Key him. tle
him Wednesday before he shot, when he wentino
the house Fifteenth street. hun take akey Of his peck
ct unlock the door aud go in he out about an hour
acquainted with Mrs S. Saw him backward and forward
after saw her go in and come out the back he yoal net
Question-IOw long we're they in the house2
Answer--ADeut an hour.
Question-II0W did you know it Mrs. 81
then persons present.
the Ia IS had seen go into the brick house
QuestonhoT often had you before that Neinesay seen her
Answer s1 her 20 in three times befor when he unlocked
the door and took the from his pocket Mrs Sckes
with him and have hold Of his except the Wednesday before
QaOnWhat time elapsed between these three times
them 90 into the housed
Answer-A5out week them 90 in three times within
three weeks Key door in October; he rode he
pied said lie asked who the house eon gel told
him colored named John Gray, and he lived somewhere
Capitol ll and that coored people could give him all the in
Mr. Brady showed jury lock Of Of the sg
nation house. which was lifted BY one oHhe keys found IN the
Policeman Mann called and testified.
have been 3S3, fifteenth street,
the Monday following Mr. Keys death lawyers Msguder and
RatciiG with found there shawl pair of gloves.
a nd shawl tie bed
The witness here identified the shawl produced in
the There
second story a beidi-g
bureau, wash stand and soed towels the led
made the bed in the front room not made got into the
house the back through window Mr.. RaciH and Mr.
agrder went in at the front door Iopened with the side
door key coore woman raised the window leithe house
Daniel Rate liz, of tue counsel for the de-
gruier ana myself resolved 70 go Tie house IN fh street
got along Policeman Mann also selected to
that thought belonged Key some cigarettes,
ard pair of gloves MIR. Mann Ioo% them all.
John 81 Seeey was re attention called
the Of Key aad Mrs ScEe the house time last
Isnuar have seen them there many times did notice
and let Mrs. Sles in They wal ed there Tho door shut
er thew go iu seing that watched for them This was on
winesjaS Febrnary i2h saw a,aut 10 o,E bev passed.
before They went to the door, unlocked i and went in
MS Sickes up known
Key long i them afterwards sea
ratey; rya Of Ave Key passed
hext saSthem sunday, the Goth Of February about
o'clock Mr. Key ent alone 10 the front DOR There no
body win hum went INTO my hoase ana looked out OF me
windows. Mrs. ScAle along the alley, and in
II,
certain and remained there tme Mrs. sickes
way, had gose Idi Key 90
Wednesday, February 23l, the time Mrs. Sickes
Key all that day. visitors at the house
except Key and Mrs Sickes. AMI Mrs. Sckles
eight days the death OF Key and identified
whom had in tie house
Mr.. OuldI had Mrs Sicklss at times, other
city, knew her general APPEARANCE her
and figure The walking about the house often extremely
muddy.
Seeley, wife the previous witness, called
his Mrs Sickis appeared excited the
| Wednesday enter the house
cept Mr.. Key Mrs Sickes told Dir. Hart wautcltO
Sckles When asked her Il she the
person had the Wednesday previous in e alley she
ed her if she not looking OF the window the alley at
her Wednesday.
Hon John IIskin called and estGsl-L visited Mrs.
Sices in APRIL 1855 house. Mr. Sices mad asked
wanted any thing while he called
abruptly, going to Geo ge0En with my family Irush-
ed without knocking Key and Mrs Sickles seated in
library, table, with bowl Of salad aud
They eating and drinking. apol0gsed for my
abrupt out Ms. Sickes flushed,
Inc, Mrs Sickles is bad woman.
The Court then ijournei till tomorrow.
Southern Pacific Railroad.
MARSHALL, Harrison CO., Texas
March Is, 1897
TO tie Stockholders Of The Company:
receive by every mall large Of letters, from
holders residing various sections Of the Union, making
ucular inquiries condition things Texas the
progress OF the going in vndcaton OF
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