Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-04-12
The Washington Murder-Tria Of Daniel E. sicklc'
for the Killing OF Philip Barton Koy.
CRIMINAL COUNT. II. CRAWFORD,
s,,1n DAY. s%.1rnn.r. Arn.l 9. $50

room Ia the = W " 'A'ir 'l NV "uh'' N'N'i
n shor, Interval the prisoner was brought In, and the n,'nc'
Of the jurors were called over. Almost immediately John
Ir ,h,iu, the renowned criminal lawyer Of the New YORK
bar. rose from his seat and commenced.
May IL please the court, gentlemen oi the Jury; Ihi- Is l"
me a time for solemn thoughts; and ric 10 address YOU
iaboriny under q severe struggling feeling II 3, u hrautIfu!
sentiment. better expressed In the Latin than la the iransla
lion. ..Amlcos res opimn. pariunt. .dvrr'r pr"han'. frn''
prrity Is the parent OF friends; bad fortune Is The IRE y
which they are tried. Friendship il the most sacred "i all
artificial, II, distinguished from natural attachment II
stands ncN. 10 those which, BY the hand OF nature, have
been in'crw"ven with The objects which she hrr,ri,
,n,rin: Il carrie, with it the JUNCTION Of u ~arm heart.
yay Il prove 10 Ice an r;icacious tribute III favor oi my
client. i have been the companion fhis sunshine, AMI AN
now called here - participate III the gloom oi is present
affection.
n,hlc doom VI man. Il has been well said that
Although affection rOmr,h no, forth Of The dust, neither
doth troubl. spring ou, Of the ground; that man /. born
unto trouble as the sparks ny upwards
ll,,; same great influence which h' Impressed laws upon
all the departments Of creation: whichhas studded The hea-
ven. with lleir fires, and ordained the boundary line be-
isr.u ,l,e day and the night: that same srea, influence
a,irh stretches over tie face OF nature virtues green man
tie. and again %supplants IL for the less pleasing dress OF
winter: that same great influence which has DESIGNATED the
zine for the dropping 1t the leaves aud the falling OF the
narrow. il the will which guides and the hand that holds
he roi with which in hi, life we are punished.
4. We bass from the proceedings In which We are here Ell
gagged. may We Dee permitted 20 repeat over their result,
which confidently anticipat" n a coneraiulauon 10 ttis
dcfendan, for the severe ordeal through which he has
"I,chold happy Is the man whom God correc,eill: there
fore d..pi.e not thou the Christening ofthe Ahnishty--he
makrih sorri and he bindeiI up-iic woundetlI aud his
hands makeih whole: he shall deliver thee in six
,,n,l,le.-yea, In seven there shall no evil touch thee
A few weeks since the body Of a human being was found
In the ihrors OF death in one Of the streets 81 Your cry
I, nroy.i TO be the body Of a confirmed and habi,ual aIul-
,erer. On a day too sacred to be profared by worldly toll;
ON a lay when he was forbidden to moist his brow with the
.w-a, OF honest labor. on q day when he should have rs'
en- above the gro..ne.s ofhis nature, and though on no other
day. he had sent hs aspirations heayenward-. he should
have allowed them then TO pass 10 that direction,w we ma linn
a II. .l a.. ruA.t .tI Inv mrs, Tia l.flr UherR
for their security and repOse, the law had placed the wife
and child u his %ne!shbcr. Had lac observed the solemn pre-
c-pt ''Rememb-r the Sabbath day to Keel, IL holy lie
might at this moment have formed one Of 1.-THE living.
Tbs injured father and husband PUSHES upon him at The
moment Of his guilt, and under the influence OF frenzy exc
eut-,u ron him a judgment, which WAS 4. jus; a. II was suil-
mar. The issue which You ARE to decide is. whether this
Act tenders It's author amenable To the laws OF IN. land
In the decision OF this issue. gentlemen % The Jury: you
b,y. a deep and solemn interest yun are here TO TX the
prize of the marriage bed; you are her" to see IN what est
inaion that sacred couch Is held by an honest and lnt.lll'
get American jury. fon are favored ci,l&ch'; you I'VE III
a c,y which constitutes the seat Of our federal government;
A ,ity con.rrrairI to liberty above all Others, but not 10 The
liberty or the rberiinr; a city hearing the name OF the H.
luilrious Washington, the father Of his country, OF whom IL
Ia. beru .,nph,,icaly and truly said that he was First In
war, first In peace, and hFst IN the hearts o III county
men"
You may feel a pity. in reviewing this occurrence. for the
III, which has been iakrn-you may regret the necessity
which constrained that event: but, while you pity the dead.
remember sl.o that you should extend comnisseraiion TO
ia: living. Tha, life, taken away a u was, may prove 10
n. your and nv gain, You know not how soon the vile or
daughter Of son- one OF you would have been, Ia fact, you
ltos not bu, what Il had beeu marked by the same eyes
which destroyed the marriage relations o, ,hs aelehuah'.
Ysu know not how soon the gardens Of loveiiness, over
witch you now preside, had that life been spared, would
hive been called upon to supply Their Hover 10 satisfy tue
ina,i.,e appetite Of the deceased.
An interference with the marriage relation must strike
every rejecting mind rs the greatest wrong that can be
committed upon a human being. II has been well said
that ~alnlciion, shame, poverty, captivity are preferable; anu
| do not know that I can express the sentiment more hap
,ily than In reci,lng thu line- which the grea, drama''.t has
placed In the mouth Of the Moor over the supposed dis
toyery Of ,h- incons;4ncy OF his Dr-dcinona
Had /. pleased Heaven
To try me with aitiction; had he raind
All kinds VI sores and rhames on my bare Head;
St.rp'ime In poverty to the very lips:
Given TO captivity me and my u'nos; hopes:
should have found In some part OF my soul
A drop Of patience: but (slas y TO make ME
A fixed figure, for the time OF scorn
To point his slow, unnoving finger at
90!
Yr, could | hear that too well. very well;
But there, where ! have garnerd UP my heart:
Where either | mus, live, or bear no life;
Tn. fountain, from which my current runs.
or else dries up; 10 be discarded thence
Or keep Il as a c.crn, for foG! toads
To knot and gender in turn Thy complexion there!
Patience, thou young and rose'liPp d cheTuoini'
Az, there, look grim a. hell.
You are here to decide whether the defender Of the mar.
mage he'd is a murderer, Whether H. Is 10 he put upon the
same footing with the first murderer, and is TO be pre-.
ent.d in his moral ard legal aspects with the same hue Of
aggravation about him. Gentlemen, the murderer Is a most
cetrStahle character. Par be II from the 10 defend him be
FIRE this or amy other jury. Society cannot, II ought not 10
contain him. Calm, cold, and calculating, lac saves his
malice ~ the miser saves his treasure. His bosom Is the
vault in which he deposits it-ase possesses no claims upon
Nj. consideration; nor does sex Interfere with them In the
execution Of his bloody purpose. In the very air he sees
II. weapon, and !. marshals him the way he was going; ne
selects some object Of innocence Cor his victim. and h-
chooses some lonely spot for the preparation OF his horrid
deed. In the drapery Of the night he wraps himself, and
at that hour when one-halfof;le world OF nature seems dead
wicked dreams abuse the curtain'd sleeper, he steals
forth to the accomplishment, OF hi. bloody design. Afraid
OF hlsrown movements, he'll compelled TO address the earth
itself in the language Of duplication AMI entreaty IN hear
not his steps, which way they walk, for fear the very stones
pirate Of lis purpose. II between the &C; which las placed
defendant in his pIesen. position and the act ofn crimi.
nal like that you can trace any similarity, II will be for you
10 Institute and perfect the comparison. II IL not IN my
power.
There are some other matters 10 which I shall very brief.
ly allude before / proceed to the discharge OF the important
duty which has been cast upon me by the concurrence OF
my learned associate. on the part Of the defence. and the
only regret ! can experience In entering upon me discharge
OF this duty il, that I shall BE- called upon TO impose upon
you a heavier task than under other circumstances would
he reconcilable with propriety. There are some features OF
trial, gentlemen, which are 10 be borne In mind by you
az this time. In the frst place, a most extraordinary oc-
currence ~transpired In the empanelng OF the body whichls
by yourselves. You have heard The explahauon
Of the learned prosecuting officer 81 this county FOR the
course lie then pursued. li, you were called upon TO Wit
the spectacle; the court had no alternative but 10 al.
the Law; the objection was \ matter LETT entirely
viii the District Attorney. Yon were called upon TO witness
the moving spectacle Of the son Of misfortune thrust from
his rights for no other reason than because he has had inc
mi. fortune 10 he unfortunate. II does not speak strongly
In favor OF the intelligence OF the Law, AMI You will 'r.metn-
Der how ~sO0ilincly his Honor expressed himself al the time
he w forced I, sustain these objections, because lie evil
IDENTIFY desired 10 avoid intcting anguish upon the bosom
Of these unfortunate men. You will remember how tenderly
his Honor expressed himself a; The time lie was called upon
10 sust ain this uljecti0n-I say that II speaks not strongly
In favor OF the law. and, from wha: i%ran-pired at the time
objection was discussed before the court. II appears
that this feature of the law has about II an error Of n cen'u-
tuTy's age.
Another feature, gentlemen. TO he regarded about This
Is the appearance Of extra counsel on the part OF the
prosecution. am Informed that extra counsel have not
lecn ASSIGNED Ia this case by the act OF the government.
and II will BIZ for you 10 say, although there may he = legal
proprieiy Ia the appearance Of extra counsel, how iar The
exIgencies OF this case justify the appearance OF extra
counsel upon this occasion.
Another feature Of this case TO he borne In mind ny the
Inc learned counsel for the government. 1t was an able, 1t
vas an eloquent production. II reflected credit upon The
from which IL emanated. for II was marked with a
order Of ability; but IL will be for you TO say, when
YOU pass that opening in review before your minds, whether
or not II was warranted by the humanity that should ever
attach itself to his position; You will remember me extra
ordinary expressions Of The prisoner coming TO this carni'
val Of blood, OF Ills being a walking magazine OF his
adding mutilation TO murder" Of his standing brayely
Llunge in his bosom" Gentlemen, to have heard this open
.nc, you would have thought that the learned counsel Tor
The government was describing r case OF the most deliberate
and yet the case he was describing was the case
Of a man who, while acting In a sense and under the inhn'
Of a sense OF right, was at the time no doubt entirely
hereft Of his reason. At the time he alluded 10 this "maga.
zIne," which he described as being in the possession Of this
defendant, did il occur 10 the learned counsel for the prose
cution 10 describe. also, the weapons that were In the pos
session OF the sehucer, TOT, WIN MS Opera-giss aWh NY
white handkerchief. he was capable Of carrying death just
A. certainly TO the domicil OF this defendant az the weapons
which this defendant was provided were capable Of
carrying death to him? The sight Of that opera.glass and
all these other appliances with which this man was furnish
In the prosecution OF his unhallowed purposes. were
As certain death to the happiness and hopes Of this de-
as though the pistol OF this alulterer had beenpr
sen,ed at his breast.
Another feature, gentlemen. Of this trial-and think Il
proper to present these features TO your mind nj this stage
Of nv address, this: You will remember that the learned
counsel for the government. in questioning one OF the wit
pesses, asked him To describe what he sa~ at the time nf the
which led TO the death OF the unfortunate de
-essed. You will remember that the witness to whom that
question WAS put desired to state before the court and jury
all tina, he saw and heard upon that fatal occasion.
The learned counsel for the government rose In his place
and protested against the witness stating what was not re-
,ponsivc to his question. and. gentlemen. made an adniis.
In the hearing Of This jury. which II seems TO me. at all
events, 10 be unfortunate so far as the success Of this prose
ru,ion il concerned. knowing that some Of the witnesses
testify to a fact which possibly might de,ract from
he aggravated hue n the occurrence as sought to be put
mon IL by the testimony for the prosecution. The learned
counsel for the government stated that h. put VI. question,
that the witness in his answer should discriminate
,e,ween wha; he saw and what he heard. You will rcnem-
GER. gentlemen. the honest Judge upon the bencli-and !
IAN never forget that occurrence: no, not even 10 the latest
,o,r or minute Of nv existence YOU will remember that.