The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-21
SPee7dHy reported Jor Tie Da1ly Exchange
TRIAL OF DANIEL {. SICKLES,
MURDER OF PHILIP BARTON KEY
FIFTEENTH DAYS PROCEEDINGS
CRIMINAL COURT OF THE DISTRICT OF CO.
LUMBIA-JUDGE THOS. H. CRAWFORD,
PRESIDING

LUMBlA-JUDGE THOS. H. CRAWFORD,
PRESIDING.
WASHINGTON, April 20, 1859.
! The Court was opened at the usual hour, 20
minutes past 10 O'clock and the prisoner was
brought in shortly afterwards and placed in the
box. The jury called and severally re-
| sponded
Mr.. Woolridge's cross-examination by Mr.. Ould
was resumed:
Sickles was in the house some time after the
homicide before he left with the officers have no
idea how long; Mr. Butterworth and Mr.. Walker
| came in about that time, and some police officers;
| there were about half dozen people came in to-
gether; he either went into the library or went up
| stairs, could not say which; did not see him until
| nearly the time OF his departures did not see him
up stairs was in the library the whole time Sickes
| was In the house; the door between that room and
| the parlor was shut the latter part of the time;
he passed through that room when he came out Of
the paror and departed think that door was closed
soon after people commenced coming in the house.
the only way knew that Sickles was in that room
was by seeing him come out of it with those two
! gentlemen; dld not know that any person was
there; when the door was shut, remember from
the manner OF the parties in the room with me
that had an idea that some person was in that
room; heard no walking about there; if ANYTHING
unusual had taken place there should have noticed
it If my attention had been called to it; did not
observe anything unusua the parlor is a very
deep room and the library is small; the walls are
very thick the library is about IL or Is feet wide
and the back parlor is about 80 or IS feet as near
as witness can Judge.
By Mr.. Brady.-The sofa in the drawing room ia
near the piano, at the extreme oftheroOm after
Slckies entered the house, there was considerable
CONFUSION, people coming in; they were talking in
| couples; there were number of people in the
hall moving about and conversing with each other
dld not receive any communication from Sickles
on Friday; on Saturday received one about three
O'Clock when l got home received note caution
ing me to be careful and not USE Mrs. Sckles name
| tor suspicion not proven would be worse than the
| dreadful reality.
By Mr.. Oud.-Went to the house ON 18th street on
FRIDAY with Slckles; made no inquiries then; lust
| went by the house and came back; it was very
stormy snowy night; went there again about seven
| O'Clock; we did not stay more than half an bonr
| in the neighborhood; went Immediately to the
| Capitol; don't know the tme-it was dark; nv
! Impression is that in was six or seven o'clock.
Slckles requested me to make investigation and
| md out whether it his wife or not:
1t was a general request; think it was that |
should find out by my sight; did not know
what the negro could communicates; he was
| full OF knowledge about Keys coming there and
| carried him to the Capitol presuming that Sickles
| might wish to ask him questions the negro did not
! know who the lady was; made no inquiries of ne
groes ABOUT the matter; they gave information vol
unfairly and witness listened to them; Sickes gave
| witness no directions Friday evening to make
| any farther inquiries; don't know whether the let
ter received on Saturday was dated on Friday or
not; on Saturday went on under the instructions
heretofore given, to act according to my own iudg
| ment. I'D
Mr., Carlise.--The note was brought to witness
| by Mr.. McCluskey; received it between and
| O'Clock on Friday; think | did not leave homo i'm
| mediately; remained at home about an hour don't
| remember whether had my dinner in that time or
not thinks the doubts in Mr.. Sickles' mind vanish
ed on the receipt of the information from witness
! on Saturday about four o'clock Sickles retained
tho anonymous letter at the time he showed it to
witness; got the letter from Mr. Sickles' desk in the
house OF Representatives and carried it to the jail
| WIN prIfnap IL Al
! ton; Mr.. Sickles informed witness that he
| had been to the house on Fifteenth street
and he went afterwards with witness to show
! MIN the place; the language of the note was for
me to be careful in my inquiries about using the
| name OF Mrs. Sickles as suspicion not true would
| be worse than the dreadful reality; that he had
made inquiries which satisfied him that it could not
have been his wife who was there on Thursdav.
read the note Immediately; Sickfes seemed dsin
cllned to talk on the subject; he said he had made
inquiries. but did not saw of whom: do not recol
iect who was in the lobby of the House when Sick
| les gave way to his feelings. did not recognize
| them; witness business does not throw him info
much connection with members of the House; after
the homicide witness was at Sckles' house, in con-
versatlon with some acquaintance; saw CAPTAIN
Goddard, Mayor Berret, Mr. McClusky and others
| there; do not recoect Sickles saving ANYTHING to
witness; did not see Bridget there, to my recollec-
u0n; from the time they went out of the library
| TIL they came back it might have been an hour;
1t could not have been less: was in the library all
that time; could not state how long it was after
| Butterworth went down the front steps before
saw tne people running; witness was much affected
mat day; had not lost his reason, anything of
that sort.
By Mr.. Carlise.-No do not mean that; do not
much believe in people losing their reason so cas-
Witness continued.-Went into the back room af-
ter the stereoscope which was on the piano; think
was not gone more than five minutes before |
came back to the window again; the exclamation of
| Sickes ''what shall | do ?" was not a question adj
dressed to Mr. Butterworth particularly but an ap-
| peal IN consequence of his misery
Mr.. Brady submitted an advertisement in the
N"fes OF February rs, 1859, inserted by Mr.. McEf-
none IN order to find out the author of the anony-
nous letter; Mr.. McElhone was not now in the city,
and had been telegraphed to come here.
MIR. Carlisle did not object to this but he would
prefer to have the witness attend here he had been
summoned by the prosecution.
Mr.. Brady said he would reserve this evidence
until future time.
Albert A. McGatfey called. Resides in this CITY:
is contractor; have known Key since January or
| February 1858; member Of the club occupy
ing the house on Madison avenue; had conversa-
ton with Mr.. Key in reference to Mrs. Sickles in
June 1885, had another conversation with him a
day or two previous to the Napier ball; often re-
terred to the matter when met him-as many as
four times.
Mr.. Brady.-'1 desire you to state those CONVEX
satons."
Mr.. Ould.-''We object to Them"
Mr.. Brady said he proposed to prove by this wit
ness that he had said to Mr.. Key that the latter
was observed to be over attentive to Mrs Sickles
to which Key answered that he had a great friend
ship for her, but he considered her only in the light
OF child, and he repelled indignity the idea
that he had other than feelings of paternal friend
| ship towards her. At subsequent conversation
the witness suggested to Mr. Key that he might get
into difficulty or danger about this matter, when
Key LAID his hand on the left breast of his coat and
said, 81 am prepared for any emergency" This
was what was proposed to be proved by this wit
| ness.
Mr. Ould objected on this ground. There was no
avid hot fhnSn
| ted to the prisoner at the bar. If there were no
| other objections this of itself would be a fatal
one; The question now before the Court is of the
| guilt or innocence of the accused. This evidence
has not been brought home, or connected in anv
way with the accused.
Mr.. Brady remarked that in long trial, as this
has been and was likely to be, it apt to be the
case that before the close, the counsel were in dan
ger of forgetting the point from which they started
1t would be remembered that the District Attorney
IN his opening painted in glowing colors the ma
| walking gazine, filled with firearms of various
descriptions and murderous capabilities, and able
to deal destruction equal to Mount Vesuvus in a
! state OF eruption-that was not the exact language
| but that was the idea; and then he went on to set
| forth not only that Key unarmed, but that
| Sickles must have known him to be unarmed. Now
1t was proposed to introduce this evidence in order
to show that according to Keys declaration, he
was In the habit OF going armed it was to show
| that he made use of gesture and an expression
proving that he was armed, and that he was pre-
pared to use his weapons in any emergency when
ever collision might occur between him and the
man whom he had wronged. 1t also shows the
persistency with which he followed I'D his adulter-
Gus career: He not only prepared himself in other
ways, but he was ready to STAY the husband if he
should stand between him and the object of his
lust, and call him to account for his conduct
Mr.. Graham said he considered this evidence as
showing an admission on the part of Kew of his
guilt. He did not pretend to repudiate the impu-
taion when it was last put to him, but he gave the
| witness to understand that he had turned himself
into what the counsel for the prosecution said that
the defendant had turned himself-into a "walkng
| magazine'-tor the purpose f repelling even unto
death any attempt of the husband to vindicate his
honor. He regarded it competent evidence as
showing that Key virtually admitted his guilt of
this offence; that was the first ground. They con-
sidered the testimony competent also upon another
ground. The right of this government to main
tain this prosecution is dependent on the declara-
tons and conduct of Mr.. Key. Whatever right
there is to sustain this prosecution grows out of the
conduct and declarations of Key. If the effect of
his conduct and declarations is to bring him within
the protection of the law, then his prosecution NAV
be sustained. But if his declarations and
| acts gave to him a capm lupinum-that
is, VOLTS head-that would bring him
beyond the protection of law. Was Kew then within
the protection of this government? This was not
an unnecessary question for the jury; for it was as
much necessary in order to sustain the prosecution
that it should appear to the jury that he was in
| the peace of this government at the time he was
slain, that it should appear that he was s'rea-
sonable creature in being" The jury must be as
| well satisfied of one of the other Now in no;pt