Year: 1859

PRESIDING.


WASHINGTON, April 7, 1859.


The Court was opened at the usual hour this
morning, and the prisoner was shortly afterwards
brought in. The crowd of persons in attendance
was more dense than heretofore as the monotonous
business of forming jury was completed, and the
trial was ready to proceed. The jurors being
called all answered to their names except Jesse B.
Wilson, who however came in minute afterwards
and took his seat.


Judge Crawford stated that at the adjournment
Yesterday, one of the jurors came within speaking
distance of the bench and asked if he could speak to
the Judge. lie told him no, not about this case;
put he went on to say: "Since have been sworn
am not quite satisfied with mvself;" but Judge c.
told him he could not relieve him as he had been
sworn; he thought it proper to make this statement
and at the same time to tell who the juror is.


Mr.; r. Moore one OF the jury, rose and said that he
the responsibility resting upon him.


| The Judge-"I hope you were"


Mr.. Moore continuing ID felt kind of shrink
ing from the duty which had been imposed upon
me, but this morning | can say to the Court that
duty


The Court-"I am glad to hear it."


The Jurors being again called, answered to their
names, and Mr.. Wight, the twelfth juror was
sworn.


The indictment was then read by Mr. Middleton,
the Clerk.


The case opened on the part of the prosecu-
tion by Mr. Ould, the District Attorney, who said:


May it please your honors, gentlemen of the jury,
indictment which has just been read you, charges
Daniel f. Sickes the prisoner at the bar with the will
fu murder of Philip Barton Key shall narrate to YOU
as briefly as can the chief incidents connected with this
tragedy, as believe the evidence will disclose them
The parties doubtless welknown you already at
lesa oy rePutaonIone being representative in the
congress OF the United States of the great
ropos of the Union and the other having long and hon
oaby filled the post public prosecutor this district
perhaps in the hearing of several of you he has discharged
the duty which has fallen my lot this day The place
where the crime charged in this indictment occurred was
ne city OF Washington-the time the 9th of February
last 1t was the Sabbath, day which for more than
eighteen hundred years has been apart commemo-
ration OF that divine mission from God peace earth
and good towards men," In the gush of that
Sabbath sunlight at hour midway between the morn.
ing and evening hour of Christian sacrifce-a
most when the echoes Of the church bells were
lingering on the air, the deceased, all uncon.
scou of the woe that then stood ssnended
over his house met the prisoner at the bar of the
thoroushfares of the city. He must have
the attitude and all other evidences of
deliberate intent which rounded into completeness that
scene at horror that the prisoner bar intended some
deed of blood All and defenceles as he was he
USED the poor and feeble means in his power save his
life How Intellectual they in delaying the ter
fate that overlook him tbe evidanca in Iii
SHOW you The prisoner the bar come to that carni
val OF bood fully prepared he walking magazine he
was not only fully provided in the number of his fire
arms put mad also taken to supply himself
their different varieties, each which no doubt
should say possessed its peculiar excellence for murder
Gus work As nice and close calculator the conngen-
Gy OF an anticipated collision might call into requston
poth Derringer and revolver If before the time of meet
ing SucI uea passed through the mind
er at the bar would be indicated not only by
the number and variety but by the tem
porary armory with which he provided to wit:
convenient oVerc0at inconyenienty warm day. it
would seem that he did carefully Against
this moving battery which could place itself any posi-
t1on like piece of flying artillery upon field of battle
the deceased lnterposed nothing he had nothing inter
pose save physical strength which when governed by
presence OF mind even was but feeble the best poor
ana futile opera glass; which when thrown with well
directed ann was comparatively harmless and last of
the piteous exclamatiOns, which however they might
nave moved other men, this fell of
stone. ~ -
The evidence in this will show to you from the
hrst act in this tragedy down through each and
every successive scene of horror only deceas
ed unarmed but that prisoner at the bar knew that
such was the fact He must have known when the first
shot was fired at the corner must surely have known
it when subseq the of tba decaosed
were ringing in the air; and if possible certainly
still he must have known it when stood bravey over
hs victim revolver in hand seeking the brains
of one who had already been mortay wounded in three
vital points and whose eyes already being covered
with the films of DEATH say not for the purpose of
lnalng your minds against the prisoner bar but
as an illustration of the principle of the law that
homicide with deadly weapon, pcrpetraed by party
VINO mas an the advantages upon his side under circum
stances indicating cruelty and vinctveness is murder
the case.


! Mr.. o. then quoted from ''Wharton on Homicide
where distinguished Judge had ruled that the prison
er intended, in contest with unarmed man. to avail
himself of deadly weapon it would amount to murder
pu he used it in the heat of passion in consequence
he used it in defence his life he must satisfy the urv
that the defence necessary-that all he could
| To feet his
own life or to protect himself from such serious bodily
har as TO cause an apprehension that his life
mediate danger The evidence in this would show
that no matter how revengeful might the feelings of
the prisoner at the bar towards deceased at the time
OF meeting, yet sufficient time elapsed that moment
to the close of the catas rophe have allowed whatever
passion might have inamed him to have subsded: and
not only was there sufficient tme but all the other cir
case would seem to have conspired
such result. He knew not how such bloody purpose
could have been maintained during such length of time
and under such appealing circumstances except it was
sustained oy remorseless revenge.


At least four five shots attempted to be
hred intervals OF time greater or less
these shots Earnest perhaps frantic entreaes such as
man would make for his life, such perhaps desire
for an opportunity for Observation-Disclosures perhans "a
recollection of the little he had left clustering
around his hearthstone might brought to his
ps-hed up portion of these intervals. The first shot
that in all probability took effect upon the person of the
deceased, wounded him severely in the groin From
that time at least until he fell the pavement he
in suppicang enreatry yet the prisoner the bar did
not dest from his bloody intent him until he stood
over the prostrate dying form of the deceased. Nay
more the evidence would show that that time he was
attempting to add mutilaon to murder when he was ar
rested ny the parties whose feet subsequently bore his
victim from the spot in which he fell


Mr ould proceeded to state the legal definition Of
der as distinguished from mansaughter and read seye-
raj extracts from Wharton, in support of his view
Murder had been defined land the definition had been
tul killing of human being with malice aforethought
Among the extracts read was to the effect that the
killing Of adulterer in the first transport of passion
would be manslaughter; but the killing him deliberately
and upon revenge would be murder.


mercy towards the prisoner and every criminals
put a higher duty rested upon them, which exer
else mercy towards society 1t was no real mercy to turn
murderer loose upon the community, with his hands
reeking with the blood of human being That was an
cruelty rather than mercy These nrinciies bih
he had advanced emneny wise and Just that in
no civilized code had there ever been any essential de
parture from them


Innovation, even in its widest moments had never
suggested the propriey of allowing revenge justica


ton or even pallaton of the crime of murder. Human
society could exist upon such basis civilization itself
would become impossiby. The law has most
sacred regard to human fe-so sacred that even the
criminal who has assumed himself functions
ofJudge jury and executioner is himself given by law
the privilege OF fair and impartial trial 1t gives here
only what he denied to his victim-an impartial judge
and an upright jury, but until he is proved guilty
cohes him IN the spotess robes of innocence How long
the presumption of innocence in his favor may be
ained by the facts in the they may given in the
case, was for the jury to determine How pre-
sumption might be suppanted by another, terrible the
prisoner and which the law authorizes and
to dfaw-the presumption of murder-was for them to
judge.


Whether, in addition to this second presumption the
proofs in the would show further express malice
on the part Of the prisoner the towards the deceased
was for the jury to decide They sit in their place under
The law OF the land and no prince potentae
to perform 1t is as solemn deah-it is momentous
as life Their conscence have been purged by the ordeal
of the court; they have soemnly sworn that thev were
competent decide upon guilt or iRocence of the
prisoner at the bar. They as jurymen and
Legislators Whether the law be wise or foolish
whether 1t infcts too too mild punishment is
no concern of theirs 1t for them decide to the
facts and not to judge of the law They might well g
Ignore the law which impanes them attempt
set aside the law which defines the crime murder Nor
have they anything to do with the punishment which the
law afhXes.to that crime That left
clusyey to the Executive which could either
sword of justice or let it fall upon the guilty.


The duties of jurymen solemn and momentous
enough, without assuming others which did belong
to them He did not know what peculiar line Of defence
would be adopted if it be legal and be proved to their
satisfaction let the prisoner go free the winds of
heaven. If, however the other hand be not legal
II 1t receive not the sanction of law if being legal
be not proved he charged the jury, by the duty they
owed to themselves to their God and their country
mite red handed violence everywhere by their verdict
and proclaim to he four quarters of listening world
that there is virtue yet left in jurymen matter how
high may be the position how lofty the pretensions
the offender.


Mr.. Ould then directed the Clerk to call the wit
nesses for the prosecution which was done and the
following persons answered to their names and
were duly sworn, viz DR.. r. H. Coolidge DR.. R.
X. Stone, Francis Doyle, Thos Z. Martin, James
Il. Reid, F. Van Wyck, Jos. Dutro, Edward Della
field, Abel Upshur = Tidball, George Eustis Jr -
Cyrus Mccormick, Jno. W. Leely, j. j. D. Hoover,
Daniel Dewitee, B. Hayes, Robert }. Dillen Hiram
Walbridge, L. w. Cohen, L. X. Alberti, Ambrose c.
kingland, Thos. Woodward, Reuben Worthington
and H. Hepburn-Messrs. Eugene Pendleton Rich
ard Broadhead, Edward C. West and James Pun
phrey, did not respond.


The Court said it was usual in this Court for the
defence to open the Immediately after the PROS
ecution, but in this case counsel could use their
pleasure.


Mr.. Brady said it had been arranged that one of
his colleagues should open for the defence after
the prosecution was through with its witnesses.


Some little delay occurred, when James H. Reid