Year: 1859

questions to contradict the testimony of Mr. Butter
worth, as to colloques between parties.


Mr. Carlisle wished to remind the witness that
Mr.. Butterworth had testified to the latter express
sion, and to ask him if that did not refresh his
memory, so that he could remember it himself He
could say whether Butterworth did or did not use
that language


Mr. Brady thought it was fair to presume that
an intelligent gentleman, who has respect for the
tribunal before whom he appeared, believed that he
was rlght In anything he undertook to do and they
snouid claim the same their side. When Mr.


w Nooiridge was on the stand he was examined ON
CERTAIN specific TOPICS but question was asked of
him IN reference to this conversation.


~ '. ., oailse begged leave to remind the gentle


man that as the defence had not finished the exami-
| nation In chief of Mr. Woolridge the prosecution
reserved their cross examination until the examine
| this interruption "PosiAe" ioA
Mr.. Brady remarked that while he made II a rule
himself never ts interrupt professional adversary
but to let him go on as long he choose to sneak
and the Court thought proper to hear him, vet he
was perfectly willing at any time to allow them tn
interrupt him if they desired, and no apologies
| were necessary.
! Mr.. Carlisle replied that he did not know any,
body, and had not in the course of his professional
experience met anybody who could better afford TO
let counsel say anything they choose to say, than
MIR. b. He proceeded to argue that the question
now asked was relevant to the examination in chief
| of Mr.. Woolridge.


Mr.. Brady replied that he was examining Mr.


Woodbridge at that time exclusively in reference to
the state of mind of Mr.. Sickes on the Sunday. at
the scene In the library which the witness describ
ed. he had proved as part of the acts incident to
that state OF mnd-not by any questions he put
because the witness proceeded to state them in a
narrative form-what acts occurred to wit, that
Mr. Butterworth endeavored to calm Mr.. Sickles;
ne endeavored to resist him and throw off any en-
deaVor to calm him, and turned and went into the
hall These acts but he called for no language
although he did not attempt to exclude language,
as ms learned opponent did when he proposed that
witness should give pantomimic representation
| of acts and leave out the words. Mr. B. thought
mat under no possible aspect of the case could Mr.
Butterworths declarations be receivable as evil
| dence. "
| The Court was clearly of opinion that all that
TOOK place in that room at that interview was evil
| dence. The exclamation, as it had been called of
| the prisoner had been given in evidence tending
! TO show unsoundness of mind what passed subse-
quently may serve to counteract that evidence or
may not, as the case may be. The Court ruled that
all that passed at that time evidence and saw
no lrregularity whatever in the counsel refreshing
the memory of the witness in order to prove what
Butterworsh said. He had right to ask him what
Butterworth said at that time.


| Mr.. Brady desired so take an exception to the
ruling. W viz


Mr.. Woodbridge replied to the question of Mr..
| Carlisle, that he had no recollection of Rnttar


worth's having used the language "vou have but
one course to pursue" When Sickles came into
the room he was dressed the as he had been
during the morning-in dark clothes; he had no
| overcoat on when he in the study; think he
| had on one when he returned after the homicide:
| he had no hat on at the interview prior to the
shooting; he left the room after that conversation
with Butterworth and passed into the hall; do not
| know where he kept his overcoat; do not
know whether he went up stairs; did not hear
him go up stairs; did not hear the hall door
open; or hear his steps; Butterworth passed out
| OF the room with Sickles might have heard
the door open; did not hear Sickles ask But
terWorth to accompany him to the club house;


they were in conversation they passed out of
! the library into the hall; Butterworth had been
| In the mouse short time whom Sicklaa


came down stairs; he had hardly got into the


house; told Sickles that they had made signal


from the clubhouse; have no recollection of hear


ing him say to Mr.. Butterworth that he was sur


prised that his wife, who had freely confessed


everything, had denied that signals had been


made to her upon that occasion; this might
| have been said or might not; did not hear
| Slckles say anything about going to the club


house to ascertain if Key had room there, and


tor what purpose he used the room; there was


some conversation between them; Butterwortb was


speaking in soothing tone but they were not speak
| ing near so loud as when they came down stairs
| Sickles did not say much; and whatever he said


was so broken with sobs and CRYING that wit
| ness could not make it out distinctly; the


steps IN front of the house stone; saw Butter


worth go down the stairs witness was sitting in an


easy chair at the window with his face towards


the avenue; Butterworth alone, and went
down towards the avenue; did not see Sickles 90
| out afterwards don't know how he got out of the


house, unless he went out of the basement door;
| witness remained at the window most of the time:


untii lie nearu OF the nomlclde; thinks SlckleS
could not have gone out that way without his see
ing him; at any rate, not at the time Butterworth
went; the slamming of the door drew his attention


when Butterworth went down; never was in tho
basement of the house.


Mr.. Ould.-These explanations occurred in the


library, right on the sill of the door; did not tell
| Sickles at the capitol what the colored man who


had communicated this information had said;
Sickles did not wish to him about the matter at
ALL mentioned that he was there but Sickles spurn-
ed the idea; took the colored man there, thinking
that perhaps Sickles might desire to ask him some
| questions


The usual hour having arrived, at this stage of


proceedings the court adjourned.