Year: 1859

SEVENTH DAYS PROCEEDINGS.
CRIMINAL COURT OF THE DISTRICT OF CO.


LUMBIA-JUDGE THOS. II. CRAWFORD,


PRESIDING.


WASHINGTON, April H. 1859.


The Court opened at 1925 A. NJ. The regular
panel were called and dismissed for one week


The prisoner was then brought in and the roll of
the jury called.


Mr.. Graham resumed his remarks. He apollo
gized for the length of time in which he had enga-
ged the attention of the Court and the jury, and in
which he had well nigh exhausted his physical
energies. His excuse must bo the deep interest he
felt in his client. He then, in orcible and concise
terms, rehearsed the arguments which he offered on
Saturday, and which, as they were fully published
yesterday, it is unnecessary to re-pubish. Having
concluded with his resume, he remarked that he
would not have occupied much of the time of
the Court and jury with certain points of law in
relation to the state of mind, had he known that the
learned Judge had, in this Court, coated opinions
upon the subject and charged juries in accordance
with these views. He would refer to the ruling of
this Court in the of the United States vs John
birth to child few months after matrimony. The
plea of insanity was set up by the defence 1t
appeared that Day was overcome by sense of
shame, tancied that he was no longer held in esteem
by his friends, and this simple sense of shame, so
worked upon him and diseased his mind that he
killed his wife. The Judge then ruled that the
jury were to decide to the condition of the pris-
oner's mind. In the case of Jarboe, charged with
Staying the seducer of his sister, the ruling of the
Court had been to the same effect How much more
right had Sickles to kill the seducer of his wife
than this brother had? By every law, human and
divine, Sickles was the protector of his wife in the
case OF Jarpoe the father, the natural protector of
the daughter, was living.


He would refer the Judge for further authority, in
support of his opinion, to the lst of Bennett Il
Hard the case of Rogers in l6 State Trials; Ownys
case IN IL State Trials, pp so and ST. and the Queen
Us. Fisher in Sth Darlington & Paine D. 1872


We need no books here to tell the jury with what
affections the human mind was endowed. 1t was
for the jury to say what frenzy existed in Mr.
Sickles' mind at the time he slew the deceased


1t Mr. Sickles had thrown out a bait or invited
Key to the neighborhood, then there might be a
feature in the case to appal u.s. But Kew was in
the neighborhood, bent on the execution of his
infamous purpose, and Mr.. S. encountered him as
though he had met the veriest stranger; and the
ferocity of the assault was the fact on which to re-
ly to show the frenzy which actuated the mind of
the man who committed the act.


Under these circumstances did reason assume anv
sway? Was it possible for his mind to bend to the
influence of reason?


Mr.. Graham denied that there could be any time
in which Mr.. Sckles' mind could cool after this of
fence. Wherever the reminiscence occurred it must
lniame his passions. He would not dwell long upon
u
OF the facts OF the the defence expected to
prove them.


Who were the parties to this transaction? He
would speak no unknd word of Key, but wished
merely to put the facts to the jury, he expected
them to be proved by the testimony. Key was a
man of mature years, being about forty years of
age as Mr.. G. was informed He had been a mar
ried man, and at this very time he had the monu-
ments ofthat sacred relation daily before him to
warn him of the wickedness of his conduct He
himself had assumed the marriage VOW and knew
the solemnity of it. He could tell himself what
would have been his own feelings if his own bed had
been violated; and he could very well conceive how
he would act if he had discovered the author of
that violation. His profession, too, was such as
should have impaired some gravity to his charac-
ter There are some occupations which do not in
terfere with the frvolity of human nature, but if
there is any profession in this world short of the
pulpit, which can and ought to communicate a
gravity to the mind, which is not its own yestment
it is the profession to which Mr.. Kew belonged, as
well as the speaker. The very business of that pro-
fesson is to study the rights of other men
and to preserve them; it is their duty to
study out the social and personal relations of
man to man. and the duties that attach to those re-
latlons; and, therefore,, lawyer above all Others
at every tribunal whether it be erected in the arch
OF the heavens or upon the face of the earth, is
entitled to the least charitable consideration. Kew
was the prosecuting officer of this District. He
was selected to conserve the of public moral
lty and public decency. 1t was his business to see
that the homes of our citizens were protected
against seducers and adulterers, as we'll as every
other species of criminals. Yet he wrapped him
self in the mantle of hypocrisy, came into this
Court and hunted down, with almost unparalleled
success, the worms that crawled upon the face
of the earth, while the full-grown man of crime
such as he was, was permitted to stalk through the
admonished or reproved. That was the character
OF this adulterer Was there word in this that
was not strictly true?


Who is the woman with whom he committed this
Qd H.
What her disposition might have been, Mr. Gra-
ham knew not, but reasoning from her wears and
the very nature oe woman, it was not too much to
suppose that all the frivolity which surrounds wo
man at that age environed her-that she was sus-
ceptible to fattery, and regarded those attentions
which were paid to her as SO many tributes to her
beauty. She did not fully comprehend the sanctity
of the vows which she had assumed, to keep herself
ceeded from her, Mr.. Key should have initiated the
conduct of Joseph. who fled and left his garment in
the hands of Potiphars wife; but this was not such
a that


Who was the husband? He is a man not quite
of the same age of Mr.. Key, but some years
younger. He was accredited to this city as a mem
Der OF the councils of the nation. He came from
the great commercial metropolis of our continent
that city upon which every part of this Union
looks with pride, and which, however Objectionable
some of its features may be, nevertheless every
American heart will concede is the first city of our
Union. He was here in the sphere of his duty; and
by way of showing the confidence which he placed
in the laws of this District he brings within its
precincts his wife and child, and threw them and
himself upon our laws for protection What were
the relations of Key to Sickles? The defence
would show that. so far Sickles was concerned
they the relations of sincere friendship: and
the part of Key they were the relations of pro-
fessed or avowed friendship. Mr.. G. quoted the
passage of the Psalms, ending g.


"We took sweet counsel together,n


as applicable to show the close relation of
the parties. He proceeded to say that the
wrong if stranger might be borne in patience,
but the perfdy of friend became intolerable-
Sickles had used his influence to have Kew ap-
pointed to the position of District Attorney, which
his private life had disgraced. The defence
would further show that Sckles had sent him pri-
vate clients, and that one occasion when Sickles
had occasion himself, in consequence of difficulty
in reference to the hiring of his house, to employ
professional services, he secured those of Key
as his COUNSEL in opposition to the valuable services
of the senior counsel OF the prosecution There
were not only friendly but professional relations
between them, which sunk any man to the lowest
depths of fbaseness who would betray such conf
dence. Key pretended that he was in bad health.
but If he had employed the same energy in the
discharge of his professional duties that he did to
secure the qualification of his unhallowed lusts he
would have found strength enougn physically well
mentally, to have discharged any duty that de-
voved upon him. AT any rate, he had strength
enough to sustain his powers of virility else
where. He became acquainted with Sickles
as lar back as six years since. Sckles being in pub
lie life was often compelled to be absent from his
home, and had implicit confidence in the purity of
his wife. Key went there under the guise of a
friend, and exhibited those attentions which gal
lantry is ordinarily supposed to prompt, but which,
in this case, were the foundation upon which the
adulterer sought to rear his destructive fabric AS
early the 26th of March, 1858, it was reported to
Sickles that Key dishonorng him. Sickles
sent for Key, who denied the impeachment upon
his honor as a gentleman, and demanded the name
OF the author, but was unable to discover it. He
then represented it as ridiculous and disgusting
calumny, and threatened to call out any one who
should accuse him of such conduct. But they would
be able to show that if this criminal intimacy did
not then exist, it commenced within few days af-
forwards. For period of nearly year, although
doubtless Key almost daily practising his
treacherous conduct, Sickes harbored no suspicion
against him until about the 10th of Feb, 1859, the
relation between Key and Sickles stood perfectly
friendly, and the latter retained his confidence in
his perfidous friend. Two weeks before KEYS
death, he was at dinner party at Sickles' house.
and took his sister and her husband to the house of
his prostitute-for that was the only term that
could be applied to the woman who had deceived
her husband. No matter though Mrs Sickles stood
fair before the world, yet Key knew her real char
acter was that the part of brother, to place his
sister in the company of such person?


On the Thursday before Keys death, Sickles had
another dinner party at his house, at which Kew
was not present. After dinner, his wife went down
to Wizards Hotel, in order to accompany some
friends who had been to the dinner party and also
for the avowed purpose of enjoying chop" which
was to be given that evening. Sickles goes there