Year: 1859




such as the law prescribes, and within the limits
laid down by the instructions already given you
The second instruction asked is as follows:


Sec0nd.-The existence of malice is not presumable
IN this case if on rational theory consistent with all
the evidence, the homicide either justifable excu
sable, or an act of mansaughter Same above
cited; United States agt. Mnge, Curtis, &c. R. y
Commonwealth agt. York, Bennett and Heard's
Leading Criminal Cases, 505.)


The answer to the first prayer will be taken in
connection with the response to this one, If upon
any of reasoning consistent with all the
evidence, and the law as laid down to you by the
court, and the rules by which it is ascerla lained
W lat is legal provocatiOn and what is legal ustiti-
cation or excuse you should come to the conclu-
sion that there was such justification excuse,
and the homicide was mauslaughter, then the pre-
sumption of murder which every killing involves
is met. You will recollect that manslaughter is
the killing of human being without malice; and
OF course it the jury should to the conclusion
that the killing Of human being is manslaughter
malice would not be presumable, because it is not
involved in the crime.


The third prayer is in these words:


Third.-1f, the whole evidence presented by the
prosecution, there is any rational hypothesis cons tent
with the conclusion that the homicide justiable
excusable the defendant cannot be convicted.


The answer given to prayer two is an answer to
this. The fourth prayer is in the following words:


FOur-If the jury believe that Sickles when the hon.
icde occurred intended to Kill Key he sckles cannot


This instruction the Court desires to give Man
slaughter may exist, and most frequently does,
when the slayer intended to destroy life but under
circumstances which reduce the offence.


The fifth prayer is in these words:


FDhIt for the jury to determine under all the cir
cumsances of the whether the act charged upon
Sickles is murder jusabe homicide. Ryan's case 2
Wheelers CIR. Cases, 54


Neither can this instruction be granted. To the
jury belongs the decision Of matters of fact-to the
court the decision of matters of law which il is
the duty of the jury receive from the court; and
from the evidence and the law applied to the facts
it is the province and legal right of the jury to re-
turn general verdict of guilty of murder or man.
slaughter.


The sixth prayer is in these words:


Si1h-If the jury find that Sickes killed Key while the
latter was in criminal intercourse with the wife of the
former Sckles cannot be convicted of either murder
manslaughter.


If this prayer refers to the actual existence at the
moment of adulterous intercourse with the wife of
the prisoner, the slaying of the deceased would be
manslaughter; and by existing adultery | do not
mean that the prisoner stood by and witnessed the
fact OF adultery progressing, for it is easy to sup
pose the actual fact to be established simultaneous
ly with the killing by other evidence in perfect
band saw the adulterer leave the bed of his wife,
or saw him trying to escape from her chamber,
these and various other instances might be sup
posed to come within the law ''finding'' in the
act OF adultery. IT. however, there was a day in
tervening, and after the lapse of such time he took
the life of the deceased the law considers that it
is done deliberately, and declares that it is mur-
der.





are granted, as follows:


Serenth.-If from the whole evidence the jury believe
that Sckes committed the act but the time doing
"was under the influence of diseased mind and was
really unconscious that he was committing crime he
is not in law guilty of murder" Days Case Pamphlet
pages


Eighh-If the jury believe that from any predsposing
cause Sickles mind was impaired, and at the time of kill
ing Key he became or was mentally incapable of govern
ing himself in reference to Key the debaucher of his
wife, and at the time Of his committing said act was by
reason of such unconscious that he committing
whatever. Days Case Pamphlet, page II.


The ninth prayer is in these words:


Nin-lt is for the jury to say what was the state of
Sckles mind capacity decide upon the crimna
ty of the particular question 1.-THE homcde) at the
moment occurred, and what the condition of the
parties respectively either as to scule or as to being
armed not at the moment. These open ques-
tons for the jury any other questions that may
arise upon consideration Of the evidence, the whole
which to be taken into view by the Case
Pamphlet, p 20.


To this prayer the Court responds thus: 1t is
for the jury to say what was the state of Sckles'
mind as to capacity to decide upon the criminality
of the homicide, receiving the law given to them
in relation to the degree OF insanity which will
not excuse-they (the jury, finding the fact of the
existence nonexistence of such degree of insani-
ty. The rest ofths prayer, which relates to a
scuffe, and as to being armed or not, is granted
without qualification.


The tenth prayer is as follows:


Tenh.-The law does not require that the insanity
which absoves from crime should exist for anv definite
PERIOD but only that exist at the when the
occurred with which the accused stands charged.


That instruction is granted. The time when the
insanity is to operate favoraby is the moment when
the crime charged upon the party committed,
if committed at ALL


The eleventh instruction asked for by the defen-
dant is in the following words:


Eleventh If the jury have any doubts to the case
either in reference the homicide question
ty, Sickes should be acquitted


This instruction, as | mentioned when referring
to prayer four of the United States, will be an
analfY 7.
to be questioned-ndeed, | do not see how it could
be-that if a reasonable doubt is entertained by the
jury to the homicide, the prisoner is entitled to
the benefit of it. AS to the sanity or insanity of
the prisoner at the moment of committing the act
charged, it is argued by the United States that
every man being presumed to be sane this presump-
tion must be overcome by evidence satisfactory to
the jury that he was insane when the deed was
done. This is not the first time that this inquiry
has engaged my attention.


The point was made and decided in the June
term OF 1858, in the case of the United States u.s.
Devlin, when the Court gave the following opinion,
which will read from my notes of that trial =
'This prayer is based on the idea that the jury
must be satisfied beyond all reasonable doubt of
the insanity of the party for whom that defence is
set up, precisely the United States are bound to
prove the guilt of the defendant to warrant con-
viction." That very remark has been made here
81 am well aware that it has been held by courts
of high rank and reputation that there must be
preponderance of evidence''-that is the decision
Ol COleI Justice SnaW-'ln laVOr OF the defence OF
insanity, to overcOme-not the presumption that
every man is sane-but to overcome the presump-
tion of law that every killing is murder; and the
same court has said that if there is equilibrium
including, | suppose, the presumption named
the case should be decided in his favor. Whether
is insane or not, is matter of fact; what de-
gree will relieve him is matter of law, and the
jury find the degree under the instructions of the
Court. Murder can be committed only by sane
man.


Everybody is presumed to be sane who is charged
with crime; but when evidence is adduced that
prisoner is insane, and conflicting testimony makes
a question for the jury, they to decide it like
any other matter of fact; and if they should say
and conclude that there is uncertainty-that it
cannot be determined whether he was sane or not
how they render a verdict that sane man
perpetr ated the crime?-and no other man can
than sane one. The case of the Queen Leigh
was here quoted and the decision read. The hu-
name, and, will add, Just doctrine, that reason
able doubt should avail the prisoner, belongs to the
defence of insanity much, in my opinion, as to
any other matter of fact.


Mr.. Chiffon rose TO renew the offer made on Fri
day lnst-to submit this case to the jury without
further discussion. This proposition made
with the of all the counsel for the de-
fence, and of with the entire appreciation of
the prisoner. Although not entirely satisfied with
some OF the rulings of the Court, they would sub
init with entire Difference.


Mr.. Ould expressed, on behalf of the prosecution n,
his entire concurrence in the proposition just made,
and upon the instruction granted, was willing to
submit the case to the consideration of the jury.


Mr.. Brady was entirely satisfied with his Honor's
ruling.


The jury then retired for consultation.


At three o'clock they came into Court with ver-
dict. Being called and severay answering, the
foreman returned their verdict-"Not Guilty" In
stantly there arose deafening shout, which for
several minutes the utmost exertons of the marshal
and his assistants were unable to suppress. Hats
were waved, and the most intense excitement was
manifested


Mr.. Stanton's voice was heard in the midst of
the uproar, 81 move that Mr.. Sickles be dis
charged"


The Judge remarked that the order must be made
as soon as the verdict recorded.


Mr.. Stanton then asked the jury to remain until
Mr.. Sickles could shake hands with them, which
was done, and the ceremony of shaking hands gone
through with. In the meantime the clerk having
that the record ofthe verdict was made.


The Court gave the order for discharge, and Mr..
Sickles with much difficulty made his way out of
the courtroom through the crowd that thronged
about him, got into a carriage and drove off,
large number of boys of all ages from six to sixty,
the carriage and shouting and yelling
like so many crazy people. The Jurors went home
to their families, and thus ends the Sickes trial


MAILING LETTERS AT THE Cause.-The privilege
allowed of mailing letters at the has been so
much abused at many points upon the lines of rail
road that the department has found it necessary to
issue a circular to route agents on the subject.
The mailing of letters in any considerable number
by route agents necessarily occupies the time which
they should devote to the careful distribution and
delivery of way matter, and is likely to interfere
with the more perfect discharge of their duties
Another important consideration is the effect it has
upon the income of local offices, in diminishing the
of those offices where the letters should
properly be mailed. There is much complaint from