Evening Star Newspaper, April 20, 1859, Page 3

LOCAL NEWS. THE MADISON PLACE MURDER. a mane Trial ef Daniel E. Sickles for the killing of Philip Barten Key. ema Crreisar Covet—T. H. Crawrorp, Judge. - When our first edition was putto press yesterday, the examination of Mr. Emerson had just been con- cluded. Mr. Cooney was then called to the wit- hess stand. TESTIMONY OF JOHN COONEY. John Cooney testi tied that he is now Mr. Sickles’ | coachman. Has been sosince the Sth of February, | "59. Took Join Thompson's place there. Had | been living in Washington previously. Never | saw Mr. Key till the second day after he went to | Mr. Sickles’. Met him on the avenue. Mrs. 5 rung the beil, and witness pulled up the horses, | and Key got im and we drove to Douglass’ green house. Afterwards met Mr. Key in a back street, and Mr. Key in. Before reaching home Mr. Key got out. Always left the house for a drive about I o'clock. Saw Key every day. He never drove away with her from her Louse, but would meet her generally at Douglass" green-house or at Taylor & Maary’s bookstore She was there gen- erally before Mr. Key, but be would come soon afterwards. Witness never saw him in the house. When witness was at home was always in the | Upper part of the house. Has seen him about the house Has seen him speaking to Mrs. S.. who would stand by the open window, and he outside. | Saw him the Thursday before he was shot, at tive o'clock, at Virs. Greenough’s. Mrs. Sickles, Mr. Key and Miss Ridgeley were in the carriage. Mrs. Sickles visited Mr. Thompson’s, and Key | soou came, and shortly left and went to Governor Brown's. She followed him very shortly after- wards. From there they went to Mrs. Greenough’s. ‘They stayed bere about an hour. and then drove to Fifteeath st. and Key vot out. That night, at Ll o'clock, witness drove Mrs. S.. Miss Ridgeley anda lady and gentieman to Willards’. Oathe Sanday he was killed syw him in front of Mr. Sie- kles’s house. Fifteen minutes afterwards saw him by the house, and was so tired of looking at kim did not notice what way be went. | Cross-examined —Is now in Mr. Sickles’s ser- vice. TESTIMONY OF GEO. B. WOOLDRIDGE, (RECALLED.) Mr. Wooldridge was shown a letter and a yellow envele and stated that he had seen them before. Saw them on Friday before the shooting, at the Capitol; was shown the letter by Mr Sickles Read the letter at that time after Sickles had read it, all but two or three lines. This was about 1 o'clock in the day. Witness has seen the letter once siner, on which oceasion he placed a mark on it, which he now recognizes Mr. Brady here proposed to read the letter to the jury. Nir Ould asked to see it first It was handed him, and after a few moments it was Landed to the Court. Me. Brady stated that it was not proposed to offer the letter as evidence of the trath of its state- ments. but merely as having been received by Mr. Siekles The Court decided that it might be admitted on this ground Mr. Brady proceeded to read the letter, as fol- lows, (it being the same as already published in the Star): { Wasurnetox, February 24, 1859. How. Daxigt. Sicatxs: Dear Sir: With deep regret T enclose to your address the few lines; but an indispensable duty Is me so to do, seeing that you are greatly i There tleiman. b Key, and rents a Louse pose fellow, | may sa he is not a gen- | me Phillip Barton beliewe Attorney, who 1 negro nan by the name of Juo on loth street, betw'n K & L | other purpose than to meet your | . Sickles; he hangs a string out of the window asa signal to her that he is in, and leaves the door nnfastened, and she walks in, and, sir. 1 do assure you he hasas much the use of your wife as you have. With these few ints, I leave the rest for you to | imagine: ‘Most respectfully, your friend. R.P.G. Mr. Brady now proposed to Mr. W. to take up his testimeny when he had been interrupted oa the day he was last on the stand, (his testimony being to the point of the expressions made by Mr Sickles on the Sunday of the bomic a e time he rushed in the study and exclaimed, in las just passed iy house,"") and de: tail what expressions followed the remark above quoted Mr. W. was about to proceed, when— Mr. Onld remarked to the Court that he did not see how the expressions of Mr. Sickles, whether made at this or aay other time, could be regarded us evidence after the ruling of the Court. | Mr. Magruder argued for the admission of the evidence, and proceeded to contend that after the | retirctious which bad been made by the other side as to the conduct of the defence, it was due tothem | that they should take advantage of every circum- | ing to the fullest explanation of the h the prisoner was placed. | that the President of the | es Was applied to tu set apart assistant | this case fur the Government, and he hed Mr. Magruder that »the President of the United tpartof the argument. The j President Lad uothing whatever to do with the case. Mr. Carlisle thought the gentleman had better reply to his argument thau carp at his presence bere Mr. Magreder resumed -—Muarder could only be | committed by aman in sound mind. If the de teawe could suow that the prisoner was not in a seund inind when be committed the hom should net they have the privilege of | court in discussing this | tion | sult of | wile: that in the Jarboe case this Court had laid down a rule admitting this proposed testimeny. As the line of the distretion in admitting testimony is not well detined, it was the duty of the Court to ii et itin favor of life and liberty All cir- pee ane bearing on the case are properiy ad- missable as testimony, that the jury may see plainly the whole case. In the case of Maryland agt. John Stump, for the murder ef Hammond, (from whch he quoted) the prisoner kilted the uncle, by marriage, for se- ducing his sister. a girl of weak mind. and was aequi after fifteen minutes deliberation of the jury. Stump’s counsel had referred to the cases adduced so far by the defence in this case and to others, (all of whieh he named.) and which he | contended showed that courts in this country al- policy of opening wide the door introduction of anv and, all testimony tend- z to throw oy on such eases. The interval of time between the declaration of Sickles proposed to be admited as testimony and the Rilling wasex ceedingly brief, as he explained. Mr. Ould would not take bp ways favored the to the i ; joa the uestion. is ¢3 pred was to express Lis Surprise ht the intimation the entleman that the een hed suppressed the ruth and suggested falsehoods. Yet heehad ex- pressed his sense of the fact of the entire propriety of the manner in which he and his colleague had conducted the case. These contrary declarations required no comment from him ; he left the gen- tleman resting under the weight of his own con tradictions. Mr. Magruder explained that he had made no ch charges against the counsel for the prosecu- personally, merely suggesting that the princi- ple on which it was conducted was that of the Suppression of what the defence regarded as the truth and the sugyestion of that which they held to be untrue. Mr. Ould presamed that such only must have — the meaning of Mr. Magruder, and was ylad of it Court. It is proposed to prove the declaration of the defendant shortly before he left the house and killed the deceasedy Except when part of the res gesta. or wheu introduced by the prose- eution the testimony posed to be offe ‘was not admissable. ‘Phe sears of time elapsing be- tween the alleged utterance of the declarations. it the killing, made it inadmissable as of the res gestu. Iteould be admitted only as evi- denee going to prove insanity. Mr. Wooldridge was then recalled to the stand, aul resumed his testimony, stating that after the waving of the haudkerchief Sickles said, “that villain’ bas just passed my door and waved the handkerebicf,”” or something to that effect. Had made inquiries into the truth of the statements in the anonymous letter shown him by Sickles. On — had first conununicated to Sickles the re- his inquiries. It was after gaslight. Told him he had obtained consent of parties livin opposite the house in Fifteenth street to wateh, from it on Saturday, and that he had been told by them that on Thursday they had seen the woman accompany Key to the house. Told him on Saturday that [had discovered that these people were mistaken in the day; that it was Wednesday, not Thursday. I described the dress she wore on that day, and said it was the same dress usually worn by Mrs. Sickles; he recognized them as Mrs. Sickles dresses. 1 also learned that Mr. Key had said be had hired the house for a Senator; that a load of wood was brought to the house already sawed. When witness went to hire the room opposite, everybody about the neighborhood knew what he wanted it for. Cross-examined.—The anonymous letter was shown witness on Friday about 1 o'clock in the House of Representatives. Witness went to the jeading to the lobby and met Sickles. | As he approached witness he took a letter from bis pocket. and rked that he wished to speak to wit inful subject. [Me read the and then burst into tears. He xenerally threw anonymous letters into the fire. but the statements in the letter were se ly pale that he could not disregard them. fe said to witaess further tiat he bad that reen to the house on Fifteenth street, and that it was there as described in the letter, and that Key had rented it, and was using it for the purpose stated. said his only hope now was that the lady who frequented the house was uot Lis wife. He asked witness as a fri prove these facts, and calling witness rede to the place to the way w al to prove or dis- ravriage, he and the house. On ness promised to undertake to find | ont the trath or falsity of the facts stated in the letter. Witness did not go back tothe Honse of Representatives, and don't know that Sickles sub- sequently on that day addressed the Honse of Representatives and revised his speech. While witness was with him that day Sickles evinced great passion ief, and sobbed a great deal. His grief oo ay Was not near #s great as on the next day, when wituess communicated to him the facts which substantiated the allegations made in the anonymous letter. Witness did not mean to say that he took Sickles iuto a private room near the lobby on Friday, but on Saturday. He sobbed aloud on Friday and exhibited great ex- citement. but not near so much as on Saturday. Don't know that on Friday night Mr. Sickles revised a speech which he had inade that after- noon. Learned that Mrs. Sickles visited this house on Thursday from a son of the colored woman yhose room Witness occupied opposite. Witness ade his second reportto Mr. Sickles ou Saturday evening about 5 o'clock. Mrs. Bayless told wit- hess that it was on Wednesday and not Thursday rs. Sickles had last been at the house. Af- terw s le the communication to Mr. Sic- kles don't w it Mr. Sickles addressed the House; don’t know if be remained and voted. Witnese left very soon after making the conmmu- nication fas been intimate with Sickles since 1855. Was not acquainted with him prior to that time. Wit- ness ed us a regular clerk for Mr. 8. bat s assisted bins in assorting his letters. Witness is in the map departuwent of the House of Representatives. Mr 8. said be had gone These dectaratious showed a part pf the i himself to find the house, and bad been guided to ate facts. and explained the character of the deed. | it by the reference to it in the ano ymous letter Here the speaker read fre wad volume of | When witness made the communication to Sickles Harris & MeKenny's i on Saturday, witness deseribed the dresses worn show that the * priser | by the lady visitor to the house, as they had been dent to the act. had bee itted as evidence, | described to him by the parties in the neighhor- under precisely the same circumstances as tue | hood. Mr. S. scemed convinced of the truth of Present case afforded ‘The evideuce Wasotfered also on all of the points of the case, as provoration. asa part of the rs ¥ sta, as to the state of the prisoner's mind. With reference to the prisoner's state of wind, and to show that this proposed evidence covered that point, Mr Magredes read from Ist sec. Greenleaf's evidence, page 101. It is proper to be left with the jury what were dhe facts and declarations immediately preced fue act. In Wharton's Criminal Law, section 2 st is laid down that in order to constitute a crime the prisoner must have suilicient possession of his id to kuew the character of crime he is com- i He referred to authorities detining the of the legal elfect of the mental status in the act was mitted, and how that | ental status should own; aud that to be | wurder the act maust have been done deliberately, with the mind unclouded by the excitement of wife's clothes. Me was very 1 interview between the aceused an place between 4 aud 5 0’clock on Saturday evening. to his residence, and bad remained there to take his dinner, was brought to witness from Mr. S. by McCluskey; aud witness got into a carriage and drove tw the Capitol. Saw Mr with hin some five or ten nm in the retirin: Sunday morning | house. Mr. Butterworth was p | Sickles made use of the expression about Key's the charges when the dresses were described to hin by witness: for he recognized them as his uch grieved. This witness took After making the communication, witness drove perhaps, say one hour, when a letter Mr. - and remained tes, and left him yre of bin until ~ went to his escent when Mr. Saw unday mor room having his house. Butterworth endeavored to calm him and some took place between them. Sickles pnchexcited. Butterworth said te Lim iuganity ww the elfect that only themselves knew {Here the jary took a short recess } rep quiet. Sickles replied that Le could Mr. M xgruder (continuing.) Another definition | not—that the whole world knew it. He said of toe erime of tuurder is that the person killed | ‘woot shall Ido.’ Butterworth in reply to this ast be at the wealth. The de diecensed was 1 country, aud t as th in the peace ef the comuion- proposed to show that the t in the perce of God and his wre the prosece on to de the aecus c sh of the accused remark about the whele world knowing question ~d was bone of the nation to the ime whe re but defending | endeavoring to calm Mr. Sickles, ‘Tue law of self-defeuce was the law of competent to show how he was endeavoring to it, said aman of Lonor | have no advice togive you.”’ Thinks this was ol said. Is positive that B. mn could | did not say wan of henor you have but one he pr «of the law for hia le out this point, Mr. M. quoted the | Law, pages 45 and 419. whe » cases killing i fence and manifest eifort and greatest concei vate! injury, against which the latter could lawfully de- fend bimself to the extent of killing the de- oe Tue w bone, and the tn defending he hiuaself course to pursue. Mr r Cariis! that Mr he: M c.Carlisle reminded the gentleman that when Mr. Wooldridge was on tue stand the other day that be (Carliste) Lad reserved his right of exaimi- he should be recalled at Mr. Butterworth was It was surely The witness had stated arture. and was 4 right thatsuciety could not take | calaa him. ‘way frow any one. If one might take the life of a burglar in seif-defenc «st reiations” He further quoted Vattel’s Law discussions, page | 142 at length. wherein they hold that it was not proper to punish au army officer for defending bis by taking life ina duel. &e. ‘Though the | rtance of the marriage vow might bea chi- | Mr. Brady, in reply, after complimenting the ould it be said be could | Court upon the accuracy of its recollection of the wot thus defend bis rig bts iu his nearest and dear- | points of testimo; | of the evidence proceeded to review the course ially of the examination of Mr. Woolridye. and claimed that as the defence had not questioned Mr. Woolridge about the con- | versation that therefore Mr. Carlisie had made W oolridge his own wituess, his questioning being in chief. a. the intitmity of the human mind ann sand The defence wished Mr. Butterworth to be 7 mport- | cal cuth jeulariy, as some Lyject of > great and lied, by the prosecution, part! rly, aat to the being of society, as that it should | sly insinuations had been made in certain uar- be respected iety had not devised the means | ters. These would be answered at another time; for the protection of those rights. No pecuniary | but at present be contented himself with denying coumpensation was adejuate to that end. ‘The law | here imposes only a flue of so many pounds of to- bacco. All kaow that sueh a cou:pensation as that | is but mockery to the husband outraged by the adulterer. In this case, the deceased had outraged | aud grossly lusalted the husband, and was engaged iu invelgting the wife out for an assignation; and | the defence asked leave to show that these acts bad rendered the accused insane for the time being He held it to be competent testimony, as being | partof the rs gosta of the transaction; oecurring it did, just before the accused left his house. | he case of the State (of North Carolina) agt. 4 parallel case with this. Malice part aud deliberate preparation iced proved in that case, and | oved in this case. Here Mr. | M. bact also quoted the case of Ryan, described in Wheeler's Criminal Cases, page 47, where the Wife Was notoriously a lewd and otherwise very | bad woman. Sue was found by the husband in the fon. of paramour, lying drunk on the door witrg j and taking bis child from ‘her, be rettirncat + nls room ja company with the wouwan aud her paramour, where they again | drank te creo. and Shere in the course of the night Ryan ki the paramour, proclaitin tuat he did it because Ryan had deprived him his wife. j ‘There tive hours had intervened after the bus- y ‘at the frout window. Butterworth band had seen the parties in adulterous intercourse, heaped gear best hectetamay, cod kawent awn towards the avenue. Didu't see Sickles go out of witness occupied the same place not kaow he had aud when the killing took pla-e; yet the offence had | sated to manslaughter. In this case the k plice immediately after the accused oused by the flagrant conduct of the OC petuttend to low the prisoner'sesriammations { "Witness left the window to. 04a & MAK WEITG be periuitted to show the prisoner's exclammations the competency of suggesting to a witness what another prscinad Hee said by way of refreshing his memory. The court decided that all that took place in that room at that interview is evidence, and that there is uo irregularity in taking this method of refreshing the memory of a witness. Exception not Mr. Carlisle then put the question, and the wit- ness replied, that be bad no recollection of such words belay used by Butterworth. a After he left the room at this interview don’t kuew where Le went, Didn't hear Mr. 8. yo out Butterworth went out of the library with Sickles. Dido’t hear Sickles ask B. to gowith him. Heard no igvitation ¢ - They were in conversation ¥ passed out of the library into the hail. But orth. was in the house Lut a few moments before Sickies came into the library. W ituess told Sickles in the morning that he had heard from the colored meu that siguals bad been ade from the Club House. Can't remember that Sickles suid to Butterworth that his wife after making every confession, denied the fact of the signals, and that he could not understand it, and then asked Butterworth to go with him to the Ciub House. Witness was very much excited on account of Sickles’ 5 ‘The steps of Sickles’s house are of stone. Saw Butterworth go down them when he went away. the Louse, though i all the while, and wituess di til he saw him coming in. ou seving that dagrayt couduct! He held, too, © for a sterearaneta min-- *~ seating himself saw ng, learned what had occurred. Witness was at loss to imagine how Sickles could have gone out with- out his having seen him. There is a door leading to the street under the front steps from the base- inent, and Sickles might have gone out that way. Sickles had au overcoat on when he came back. Saw Sickles on Friday twice—once when they Went to the house in Fifteenth and once after that, when witness went to the House to tell him that he had learned that the lady was seen joing into the Louse on the Thursday before. Y ithess left the Capitol shortly after. The colored boy, Crittenden, went there with witness, but thinks Sickles did not see him, ‘This boy rode back to the house of witness in the carriage with him, and then went off with the driver. ‘Took the negro there thinking Sickles might desire to question him. When witness a if he would see the boy Sickles spurned running, and soon Upon the conclusion of Mr. Wooldri mony the pri adjourned. FIFTEENTH DAY—WEDNESDAY. April 2.—The court-room did not fll up so rapidly this morning as on days heretofore, and the public interest in the trial is evidently on the wane. The jury came in about 10 o'clock and then occurred the usual interval until the arrival of the Judge, used as hitherto {n the perusal and inspection of the morning papers, and especially of the astonishing pictorials. Harper's Weekly, containing a fac-simile of Mrs. Sickles’s confession, attracted some atten- tion, as showing that the pictorial as well as the newspaper press were afforded facilities for getting copies of this celebrated document by those having itia charge. . Jndge Crawford made his appearance in the court-room punctual to his regular hour, and si- lence was restored. The prisouer was brought into court at 25 min- utes to 11 o'clock. and the jury was called. Mr. Wooldridge was then called to the stand for further cross-examination by the prosecution. CROSS-EXAMINATION OF MR. WOOLDRIDGE. When Mr. Sickles returned to the house after the homicide witness does not remember what the hour was. Saw him as soon as he yot in. Don‘t know how long be remained before going away’ with the olticers. Mr. Butterworth, Mr Walker, and two or three oilicers came in with him. Half a dozen people came in at the same time. ‘I'he officers took seats in the library. Wit- hess, after seeing him, went into the brary, and don't know whether Le went up stairs or not. Spoke to him on his first entering the house, but notafterwards. Did not see him up stairs. Wit- ness remained in the parlor all the time. The latter part of the time witness was in there the door was shut. He only passed through the library. Witness thinks the library door was closed soon after Mr. S. came in; tle Were going in and out. Didu't know of his being in the library at all till he came from there to go out. Recollects by the manner of the persons fn the parlor that it secmed to be understood that Mr.S. was in the library. The conversation in the parlor was hush as though some one was in the library. ‘I'he only thing that caused witness to think the library door was shut was that the door was opened when they came out. The room is very deep. The back. parlor is 30 to 35 feet deep, witness thinks. it is long and narrow. To Mr. Brady. The sofa in the back parlor witness thinks is near the piano, which is in the extreme rear of the room. At the@ime Sickles came in there was consid- erable confusion, and at one time witness thinks there must Lave been a dozen people there. When witness got h Saturday he received a letter from Mr. 8. fal and not use Mrs ein making the investigation, as suspicion not proven was worse than the reality; and that he had knowlec woman who visited John Grey's house day was not Mis. Sickles. Witness felt bad. cause he knew he should have to undec Mr. Sickles, and tell him that she was there on Wed- nesday. To Mr. Ould. When witness and Sickles went to the house in Fifteenth street on Friday. they only drove by the Louse; did not stop there. It was a very dark, stormy night, and was snowing. When witness got to the Capitol that evening it was dark. Witness understood his instructions from Mr. Sickles to be to merely ascertain whether it was his wife who was frequenting the house in Fifteenth street. He gave no particular iustrue- tions as to the mode of ascertaining this fact Car- ried the negro Crittenden to the Capitel because he seemed full of Sioeeoes as to the facts of the case. The boy knew Mr. key, but did not know it was Mrs. Sickles who was frequenting the house. Witness had toask no questions of the colored people about there, for they came to him and communicated what they knew of the matter without in’ . In conversing with these 7a ple witness was acting on his own responsibility. Sickles said nothing to witness about being guarded in his inquiries except in the letter. To Brady. ‘The first report witness made to Mr S. was on Friday night ‘To Carlisle. Mr. MeCluskey brought witness the note, which he received on Saturday, between Sand 4 o'clock; and after he got home, about 12 "s testi- isouer was remanded. and the court lock at night. he found a eard from Mr. Sickles asking witness to come to him that night, if he came home before 10 o'clock; and if not. to come to him the next morning. Thinks in his previous testimony the note and the card may have got con- fused Witness is satisfled that after receiving the note on Saturday, he remained at bome an hour before going tothe Capitol. Thinks the conmunication sade to Mr. Sickles about the kind of dresses worn by the feniale frequenting t house in Rif- teenth street, coupletely satistied Lim of bis wife’s guilt, as be recoguized them by the description as ving to Mrs. Sickles. After w i the y letter which Mr. Sickles gave him to read, Mr. 3. retained it in his possession. Wit- ness put his initials on it after t the request of Mr. Sickles’ counsel. Thi ‘as Several days after the homicide. Witness was at the jail, and Mr. 8. told witness the letter was in bis portfolio on his desk at the Capitol, and witness roceeding to the Capitol obtained the portfolio through the aid of Mr. Allen, the Clerk. and carried it to the jail, where Mr. Stanton read it and reqnested wit- ness place his initials on it, which witoess did. ‘The note to witness wax to be careful in bis inqui- ries about usiag Mrs. Sickles’ name. as suspicion not proven Was worse than the reality. That he had made inquiries, which assured him it was not his wife who weat to the house on Thursday On reading the letter,witness went immediatel to the Capitol. Witness asked Mr. 8. no que relative to what he (S_) had done to satisfy him- self that his wife had not been to this house on ‘Thursday. Cannot remember distinctly the names of any persons who came to ss house after he caine back to the house subsequent to the hom- icide and before he left the house with the otticers. Saw Mayor Berret and Captain Goddard. and re- lwembers that he (witness) was talking to Mr. McCluskey, who was there. Saw Sickles eome in the hall, but did not see him afterward. When Le came in witness was sitting in the front win- dow of the library. Did not see Bridget, the lady's maid. ‘Thinks it was but a very short time between Mr. Butterworth’s goiug down the front steps and the indicat ons with ss fe-ceived that something | ad happened, from tue people outside. Witness was very much atfected by the circumstances of the da 1 to relieve his mind from contemplating the anguish of Mr. Sickles, went to the back par- jor the stereoscope. phn J. Mcklhone was next ealled, but did not answer to his ne. Mr. Brady here stated that McElhone, a reporter in the House of Representatives, had, at the re- nestof Mr. Sickl caused to be inserted in the diates and Star newspapers, on the 26th of Febru- y, an advertisement to ascertain the author of the anonymous letter. Mr. McElhone had been nested to have the advertisement inserted on Friday, but did not get it to the offices in season, and it did not appear until Saturday. ‘The advertisement is as follows : “R.P.G., who recently addressed a letter toa gentleman in this city, will contera great favor Upon the gentleman to whom the letter was ad- dressed by granting him an early immediate con- tidential interview.” ate By agreement on both sides, the introduction of the advertisement as evidence, was deferred till Mr. McElbone could be placed on the stand. TESTIMONY OF ALBERT A. M’GAPFERY. Mr. McGaffery testitied that he is a contractor. Knew Ar. Key since Jannary or February, 1-53. Was tolerably intimate with him. Was a mem- ber of the Club, and met Mr. Key there. Had a conversation with Mr. Key about Mm. Sickles in June, 1858; also, a subsequent one on the same subject on the day subsequent to the day follow- ing the Napier Ball: also another slight conversa- tion subsequent to that. Mr. Brady here desired the witness to state those conversations. — | Mr. Ould objected. F ‘Mr. B. said he reopens ener by this witness what Mr. Key had said to him, in conversation about his intimacy with Mrs. Sickles, that he (Key) stood in a paternal relation to Mrs. Sickles, and that he coald not be supposed to meau any harm to one so) ouog and childish. Mr Ould kuew of norule by which this evi- deuce could be admitted. He did not propose to o inte a discussion, but if there was no rule un- ie whieh Me. Key's declaration could be iutro- duced, there was none iu this case, because these conversations, Lad no bearing on the case with re- ference to the acoused. Mr. Brady answered. It had been stated by the ution, at the opening, that Mr. Key wos un- armed, and that Mr. Sickles, from the circum- stances, knew it. Now, the defence Proposed to show by this witness that Mr. Key was armed, and so stated to him; and that he farther stated that he was prepared to use bis weapous on any occasion wi attacked by any man. They were aoe pot os subject of adultery. a: a were permitied to show the persistency with whicu the adulterous connection was prosecuted. They were prepared to show that not only was he deter- mi to pursue that adulterous connection, but also was to slay Mr. Sic. Se ae ta a Mi ea, Mr. Grahan mony was competent evideuce to the adultery be admiissable. it was ecu dact and declarations of Mr. Key. ier Begs eases are nla, a substant inquiry for the jury. The defence to show not cats the deceased pa gn gaan od of the pt ete Uf pre; to slay the man whom he had so badly injured should there be occasion. The speaker believed that the inevitable — of these adi 8 connections was the death of the husband. There was a case in point in the case of the woman now under sentence of death in the city of Albany, in whose case the executive of ihe State had appealed to in . Carlisle replied briefly to the arguments of the other side, saying that he should confine him- self to the points of their arguments presented in the form of justification and Divine vengeance which the counsel on the other side had seemed to infer had been established by the Court in its pre- vious rulings The counsel proposed to show by this witness the fact ee perio adultery, and that the deceased was persistent in prosecuting this adultery. This evidence was proposed in order to show, first, that Mr. Key wes sreneds, and, second, as tending to an im; ion on the prisoner's mind that at the time of homicide Key was armed, and also as implying a threat by the deceased to. wards the prisoner at the bar. First as to the claim that Key was armed at the ¢ of the homicide. The evidence offered is of a declaration of deceased, accompanied by a yes- ture, made some ten days previous to the homi- cide. The a was whether he was arined on the day of the homicide; not whether he wns armed on the day previous, or ten days previous. Secondly, as to the fact claimed that the prisoner knew that the deceased was armed, Mr. Carlisle urged that there was nothing in the evidence pro- used to show that the p:isoner was aware of such fact. Nor is it material to the defence to show that he was armed on that day, but how he used those arms « As to the asserted threat on the part of deceased owards the prisoner. Mr. C. in review of the pro- posed evidence, said that first it was alleged Raat ixey had made a denial of his guilt. and had after- wards been warned that notwithstanding his de nial, he was fn danger from the prisoner. and then Key said Le would defend himself if attacked. Mr. Carlisle contended that it might be reason- ably inferred that the latter assertion of Key was in reply to the threat of danger from the prisoner The argument is, that the prisoner arriving ata conclusion of the guilt of the parties, and being in the exercise of his reason was to treat the adulterer a8 not in the peace of God and his country, but as an outlaw, and slay him, and that the deceased if he took the life of one who was seeking to slay him, tuus would be committing murder When first this opinion was en’ ‘iated on the other side. he thought it a pretty enough rhetorical flourish; bat it seems that itis a deli ‘ately stu- died doctrine with them. Thespeaker did notthink the world was quite prepared to receive such novel doctrines. and of all places in the world he should regret to see them taking root in this ten ple of justice. He would not be belind the other side in de- nouncing adultery, but he must also denounce the doctrine that society, by the mass or individual, is uinish that sin. ‘he Court stated that the proposition, as he un- derstood it, was to admit as evidence that Key had said that he looked upon Mrs. Sickles as a cbild, and that he stood towards her as.a parent: and af- terwards had said, placing his hand on his breast at the same time, that he was prepared for any at- tack from Mr. Sickles. -The Court did not perceive how this evidence tended to the establishment of any point involved in the controversy in this ease.” It seemed that some of the declarations of the deceased were made in last Ju pd that the lost were made on the 17th of February last. How that tended to rove that the deceased was armed on the 27th of ‘ebruary. some ten days later, did uot strike the Court. “Another ground on which it was not adimissable was that it was offered to excuse the conduct of the accused, on the ground that he had a right to suppose the decea: was armed. The court did not think the question of bis being armed on the particular day when this witness conversed with him, had anything to do with that cither, a8 it was not proposed to show, nor was there any evidence to show that the conversation between this witness and Mr. Key had ever been communicated to Mr. Sickles by this witness or any other party. he court could not look upon this evidence as admissable. I> For avcontinuation of the proceedings, see the Second Edition. Bartist Attey Revovatev.—Yesterday, Of- ficer R. D. King found a female named Martha Brannagan lying dead drunk on the Avenue, and carried her to the office of Justice Thompson. who committed her to the workhouse for 6) days. A gentiewan then gave Information that the house fom which the woman came was full of the most sntserable creatures, all drumk and ia a wretched condition, The officer obtained the assistance of his namesake of the day police, and proceeded to that well-known haunt, Baptist Alley, and re- moved from thence to the office Bridget Curtis Klizabeth Tipsico, Elizabeth O° Meara, Alexander Dugan, J. M. Cloakey, Elizabeth Ann Cooper, and Mary Aun Keily—a filthy looking gang in’ The two children of Martha Brannayan were also taken in charge. The presence of this delectable company in the Justice's otfice so in- fected the fra aae Ht inafew moments that it was seareely endurable. The windows and the door were Opened for the purpose of ventilation, but it was impossible for the pure air to displace the villainous atmosphere that obstinately Lung ubont the roo:n. The Squire sentenced the lot to the workhouse y days, and the oilicers set about getting a conveyance to take them down The hack drivers refused to take them, and ve- icles used for other purposes couid not be ob- tained. until the otticers finding an old omnibus chartered it for the pur; und the crowd were shipped for tue farm, ‘Phe Squire found it im- possible to do any more busiarss in the office, uatil by a disiufecting process the vitice was re- stored to its original purity. Tuk Musical Convention now in progress at the Smithsonian lustitution promises to conduce wuterially to the elevation of the musicial taste suuong the amateurs of this community. Under the etficient conductorship of Messrs. Bradbury aud Perkins the sessions, which are largely at- tended, pass off with interest. Prof. Bradbury is well known as a thorough going musician and a popular conductor. | Mr. Perkins will be remem- vered by all who attended the sessions of the Na- tional Musical Convention held st the Smithsonian us the tenor Whose voice was so much ad- nder the joint man so peculiarly fitted fo r profession, the conve cannot fail ¢ of real benefit to all who attend with a view quiring an extended knowledge of the -‘art ne. ton have, we notice, established the admission which has been long successfully practiced by similar {nstitations in North. ‘The tickets are furnished at the very low price of fifty cents each, and admit the bearer to all the sessions and also to the concluding concert, the which. unless, we are very much mistaken, will on this, a8 ou all previous occasions with this society, be worth twice the money. Tue Fuxerar or M PexpLetoy —The fu nerai ceremonies of the late Mrs. Pendleton took place yesterday afternoon, at the residence of her mother, Mrs. Mills, Rev. Dr. Sunderland ofticiat- ing. A large number of friends in the city. and from Baltimore, Alexandria, Georgetown, and Virginia were in attendance. among whom we no- ticed President Bachanan. Attorney General Black, Lr. Blake, Commissioner of Public Buildings, and Mayor Berrett. The Columbia Fire Company, of which Mrs. Pendleton was a liberal patron, was present, and joined in the procession, which was one of tue largest that Las lately been witnessed in the city. The Columbia fire bell was tolled dur- ing the movement of the solemn cortege. Frichtrned.—tlast night a couple of young girls walking on the Avenue about 9 o'clock. met a crowd of young fast boys, all drank and making anoise. They turned away to run across the ave- nue out of their path, and about the same time a young man started behind them to ran the same direction. .The little girls supposing him to be chasing them, began to scream, and attracted the attention of the night watch, who caught the young man and took him to the guard-house. It appeared that the young man wasas anxious to out of the way of the drunken crowd as the girls Were, and when met by the watch was as badly scared as they. Justice Donn, of course, disuiss- ed the young man. DisMissep —Last night Dennis Barrett was ar- rested by officer Haskell for assault and battery. It appeared that a man named Connor was exer- cising what be considered a husband's privilege, by giving his wife abeating. She called far help and protection, and Deunis went to her aid. By the husband an some inishap, while separati ashing tothe hus wife. Dennis adiinistered at band, who got the warrant issued. anis was taken before Justice Donn, who gave tte ¢ se an iuypartial nearing and dismi: it. The whole affuir occurred in Oregon Alley. Wartcu Rerurns.—Conrad Miller, vagrant, workhouse 9 days; Bridget Carrol, drunk and <3 oe we $ Daaben cenesig nmcnaaty, de’ 0 days. Hine lodgers were ef Sex apvenrt.seuxyt of Mr. Thomas G. Foster, who has just opened a new Cigar and tobacco Ave 5 promises handsome with all thet may favor him with a call, ne A Scunprisz Panty—About one hundred and fifty persons, principally members of the E street Baptist Church, took their pastor really by sur- prise last evening. The wholeaffair was so admi rably conceived and 80 by the Indies as to make . a anaes The plea- sant greetin, pple. ex pressi of goodwill” affection yes im! ‘wes an principle, not be Affected by change of condition. A handsome set of plate and a purse containing, not the gold of Ophir. but that of California, was at Mrs. » (@ true exponent of the sanctuary of our homes.) accompanied by some very ate remarks by T.U. Walter. ‘4 responded to by the pastor. After which, the com- Price of caterers, Gauter PP Prepared by that Tae Sanitary Convention at Naw Yors.— The following delegation has been appointed to represent this city in the Quarantine and Sanitary Convention to be held in New Y; ea ees ork on the 27th W. G. Palmer. will also be sent from tions of the District. consideration will be S specu and towns. T' ulations for cities ai . The delegat will no doubt avail themselves of the its f tes the various medical associa- ‘The principal sal ts for — of betingeesn, Hoes F< celebration of the Fellows and Brooklyn Water Works celebra- tion, which oceur on Tuesday and Wednesday. ANoTHER CHaNcE 1x Rattroap Tive —Oar readers will see by a new advertisement in anoth- er column that on and after to-morrow (Thurs- day) the time {or the departure of trains on the Washington Branch Railroad, will ‘in be ano The new bours frow Washington will be 4.40 and 6.50 a.m . and 3.and 6 15 p.m: from Baltimore. 4.20and 7 45a. m., and 4.15 and 5.30 & m. The first, second and third trains from Washington will connect with trains for the East and West. The second and fourth are way trains Musica, Coxvextion—The Convention met this morning. at ten o’clocK, and proceeded im- mediately to rehearsal, under the direction of Pro- fessor Perkins. The morning hour was passed in elementary practice. and, after a short recess. the Convention proceeded to the rehearsal of heavy choruses from the works of the old masters. Tue Levy Court.—The following gentlemen have been appointed members of the Levy Court for the county of Washington:—Henry Naylor, Henry Haw, Joshua Pierce, Hamilton L hbo- rough, Robert White, Lewis Carberry, R. RK Crawford, Samuel Drury, G w O Seon ae: James A. Kennedy, and WG. Palmer Justices of THE Pack Commisstoxey.—The following gentlemen have been commissioned jus- tices of the for this District : Geo. W. Riggs. Hamilton Loughborough. C. W.C. Duanin: 5 Joshua Pierce, Henry Naylor, Francis J. Mur; and Wm Thompeon, si ey + IN THR FISH MARKPT, In Alexandria, on account of the unfavorableness of the weather, the supply his failed to meet the demand, and prices have advanced—shad to $17a#20 per hundred, and her- ting to $1 lal2 per thonsand. Tue Best THING in the wo and Pulmonic Complaints is Balsam of Liverwort and Temecy, for sale every whe: ld for Coughs, Colds, irs. M. N. Gardner's Fever axp Actg.—This trying and provoking discase, which fix-s its relemtioss grasp on the body of man, reducing him to a mere shadow in a sho space of time, and rendering him physically a | mentally useless, can be defeated and driven from the body by the nse of Dr. J. Hostetter’s Renowned Bitters. The great success it has met with, and the beneficial results following its use, have established itase nent “institution, ‘e would advise our rem © procure this valuable rpecific. and if an absent friend is afflicted with the Fever and Agus, or any other nervous disease, to procure th much favored and greatly desired cle. A tri . A tr all that ix needed to prove its many exceileut quali- ties. For sale by Druggists and dealers generally, ev where. ap ® cost Weppine Canes. very pretty and very cheap. Ice Cream an ater Ices, at $1.0 gallon, at the Philadelphia Confectionery, corner 12th and F streets. mar 22-Im* Pexntes.—Those in want of Pennies, for change, can always obtain them on application at the coun. ter of the Star Office, = or Hovses are CLearepor VerMin And Gardens preserved from the ravages of in- Sects and worms, by Lyon's Magnetic Powders and Farewell to sleep when bed-bugs prey, Or rats and mice lmy. Prot. Lyou found « pia i the powdered ieaves of wi garden insects, ants, roache: maths, &c. A small amo geeserve agarden of plants, and rid ahonse of all hese annoying pests. It 1x free from poison aud hanaless to mankind and domestic animals. It is more valuable in preserving crops than guano in making them grow. Many worthles: itatiens are advertised. © only genuine is Ka E. Lyon. It can be ordered threugh any merchant, Powder kills all insects ina trice, But Pills are mix: wr rats and mice, Sample Flasks, 25cents: regular sizes, 3) centsand 1. ._ Barnes & Park, New York, Also, the Mexican Mustang Liniment. mar 2-Imeow bugs, nt Of this fleas, tucks, powder will MARRIED, On the 19th instant, in Salem, Fauquier county. Va., by the Rev. Wm. E. Judkins, Dre CLEME} CSPIDEN, son of Wri. Spiden’ Purser ts Ne tod MARY E. D. NORRIS, daughter of Geo. W. Norris, Esq. of Salem, V (Norfolk and Portsmouth papers please copy.) On Thursday, the 7th instant, by the Rev, Smith Pyne, J. 5. HENRY, Esq., of Kentucky, to only daughter of the late John A. Kearney, in the U Navy. On Tuesday. the 12th instant. by the Rey. Dr. Harrold. ANDREW W. HUGHES to Miss HEL- EN E. WROE, of this city. = On Tuesday, the 19th instant, at Graca Church: Iniand, by tid Rev. A. Holmes, Dr GEORGE McCOY to DELIA MARCERON, both of this outy.” i a Dublin and New York papers please copy.) * - sweoe- DIED, ; On the 19th instant, in the Sith year of lus age, FREDERICK DANKWORTH,® native of Pia: ade !phia, (lately attached to the U. 8. Coast Survey Office,) aud for the last 20 years a resident of this city. “The friends of the family are respactfally re- quest-d to attend the fnneral on Friday next, at 3 @eloek, fi his late roekdsuos, No, 612 Maryland aud. iphia papers please cooy.| e e loth instant, CLARA STEWART, infant - and Catherine E. Owen. ORREST HALL, GEORGETOWN, D.C. This commodious Hal! having been recently ly fitted = with new Stage aod Scenery is now ready for Concerts, Dramatic performances, Pano raimas, and ail other Exhibitions usually given at able halls, License moderate, and g order opt by the officer in charge. Mr. Sedgewick For terms apply te B. FORREST, No, 7® Ist street, Georgetown, D. C. ap 15-lw" pein EE BALLS, PARTIES, &c. caRUSI’S Will tak Rincs ellen ill take on. EASTER TUESDAY, the Sth instant, Tn his lower Saloon. ap 2-st* Ts F. VIGILANT FIRE COMPANY of Geo town beg leave to announce to their friends and the atte comer that they will givea May Ballon TUESDAY, May With. Particulars in a future adverti: sem =nt. ap COMMITT FE. T= METROPOLITAN EAGLE ASSEM BLY. No, 2, take great pleasure to an- nounce to their friends in geuera!l that they wil giye their Third Cotillon Fary, of N- the season at Thorn’s Building, on Y, April 25, ap 13- WS. W, THE ARLINGTON BOYS STILL ALIVE.— ‘The members of the Arlington Clab take great pleasure in announcing to their friends and the public that they ive their. Third, Grand Cotillion Party at the Hall of the Prauk- } ine compost on WEDNESDAYS EVEN- ieee —_ Be me) SSN wr GRAND May BauL unigt ot sn De uM Y SSEMBLY ROOMS, WASHING ISDAS. May Si, 1838. 2 For particulars see future ertisomeut. ap = INS, heap at FAN gy BAe FINS, very ce ONTS, 1,.00R MATTING. Jugr, Received eich oP beausiul CANTON MA’ 'G, @ very superior asia, LARK. ap 18-3t* No. 24% Pa av. ben enol 13th sts, ASSIMERE PANTALOO) a GASSIMERE | ANTALOUNE fail Ye mostiss le 3s ht, from G25 to Baa Mnere _ap I8-lw ae WAUGE Brotns Hota. M w EEN BOR an WAGONs, CARTS AND ¥ HORSE ULES: broken, GONE and 16 CARTS and HARNESS, ire of C. €, CADY: at United States Hotel. apis-tw> r x ks me Peeve near mb THE LATEST NEWS. COMMERCTAL. Cotton bad sli, Fie sagged ghtly declined, principalty on sions firm. Consols 944,295 Later from St. Lovts. April 2°.—The overiand mail arrived. The Citornia House of Representati passed a bill to divide the State, and another calling a convention of California, Oregon, Washington, and Arizona. to consider a plan for the construction of a Pacitie Ratlroad Business generally was dull, and the markets uncl Masonic Celebration Paovinence, R.1., April 19.—The St. Jobn’s Encampment of Knights Tem; have decided to leave Providence on the 13th of May for Rich- mond, via Philadelphia, Baltimore and Washing- ton. In Richmond they will be the guests of the Richmond Commande: y, No.2 Tobacco Cotten. New Origans, April 19.—Tobacco continues active at a further advance. The dema: speculative cotton 5 fortnight backward. Accident to a Steamship. Cmartestox, April 20—The steamship James Adger, hence for New Y ork, broke her shaft when otf Georgetown, on Monday afternoon. A steamer has been sent to ber assistance The Cuban Revolution Probably a Heax. New Yor, April 20 —We have later advices from Cuba, giv information that everything Was quiet on the I . Sugars were dull. Freights very dull Alexandria Markets. ALExaNDRia, April 20.— Flour—No saics Wheat—Sale on change of a lot of white at #150; red—sales at $1.34a81.43 Rye and oats—No sales to-day. Baltimore Markets. Battimore, April 20 —Flourclosed firm. How- ard St. $6.12; Ohio $636 124 W heat is scaree; there were only 500 bushels of- fered, and prices une’ ; White $1 55081 70, for fair to prime; red $1 40a$1 50. fair to choice. Corn closed firm; white 75a80c; yellow Slate Provisions closed quiet; bacon sides 9c Whisky closed quiet at 2627 cents for City and Ohio. SoaL '—COAL" On hand—Furnace, Radiator, Grate, and Costing COAL, which we me TRE oil ‘SAE N. W. corner 12th and € ste., No. 547; mar 25-1y,r Poot of 17th st.. below War Depart. TOOLS. LDS, 339 Penn. avenue, st received another 4 addition to STOCK OF Toc G MECHANI ERIFFITH & SHIF have their J will cost nothing to examine the stock. RS. A WO ‘SPRING and SUMMED Ate. Sel Bae eo ‘ " N. B. Also, Fashionable branches. QEGAR AND TOBACCO STORE.—The sub- & scriber having purchased the gth strect. between D street and Penn. avenue, takes this method to inform his friends the public he 1 prepared to serve them with the very best GARS and TOBACCO; al: ARTICLES. Give me a wap est THOS. G. FOSTER. PFoPosarts FOR FUEL, QvaRTERMasTER’s Orricz, U.S. M.C., Washington, April 15, 1859. Sravep Prorosats will be received at this until 3 o’clock p. m., of Friday, the uth day next. for supply Wood ‘and’ Coal to the stationed at Washington oy. D. ®: from 1 1859, to the Sth June, 1860. Sar Food to oak sapling, and the Coa! to be of the best quality white ash anthracite, broken and screened, and Iree from dust, and to weigh 2.240 pounds to the ton; ‘be measured, piled, wrraghed: and delivered at measur such times in such qualities,within the is of the Marine Barrack the said station may require, Son cfeceee ete ted States,) sulyect to his approval or rejec~ on. No bid wil) be haere | onions accomengiol by w Ames twe persons known to this ag auretion, Orit uoknown, certified to by officer of the avepnment. endorsed “P: for Fuel for saree bea acai Major and Quartermaster a ¢ oc. 18-Stawtz0thMar NEw STYL. ss Just received this da STYLE: 4" T MANTILLAS. o Ie WANE TAS if y the lare ment of rich plain BLACK SILK MAN’ that we — “3 f beng Large ones — ack Lace Shawls, very che Mii in Square and Round Corner ee el All a Ite the fadien ft WOOLLEN eco —— h street, above ay. D STREET. ladies. FAPERHANGINGS—New stock, cheap for Paper hung by experienced workmen, and satis- faction guaranteed. SPRING-SEAF CARV ALNUT TETE-A-TE » ROCKING et HOLLOW CHAIRS, $12. Furniture is manufactured in this A No.1. Pade, TK: PLANT & CO., a Ter 350 D ste, bet oth nud tah, _ UF Furniture Repaired and Varnished. ap ld ly ‘4 NEW FURNITURE STORE. W Eare now repeiring one Pall stock of FURNI- TURE & oe ae a ja and jower than ouse in ‘Washington. We would iuvite aye See fore i Oar motto is, “Quick re and smal .! Old Furniture i new, OkeDOHN BONTE & TRO su Mly Odd Pellows’ Ht r TLES FOR SALE —Two young and large size MULES for sale; porfeetiy sow Kentle, weli broke to harness, and fre quently used in family carrinze. oat Huvcki B Munro's No 310 Py nson Pacaveuue, or T- A. Techifiely, Erq ,Genoral Lan . JOS. THOMPSON, BSENETT> COCUAINE, the best article of ¥ « en's Hair R ve and Hair Oil, Purber Fluid Mae ics, &e. estorati her, Fie Magnesia. for d annatlowrioen. Porsale 0 w prices, onseles S.J THALBERG'’S . T: H.SPFIR havi oe ae Toner and of the ‘Wareroome ef Mr yearsas ders leftat the Piano Davis, Penn. avenue, between 9th and I ‘Will meat with prompt attention. Rc BAYADERE SIKLS, er to the GOODS that we have ever Hy reviOWs SCRRON. All the latest novelties, and prices—to which we ask the purchasers. ETO, Suasth st -above Pacey. ©. HOOD, at No. 33 ar. on - great inducements in prices: of FINE WaTch ap le NOTICE, thatthe subscrite HIS IS TO GIVE " hath from the O1 Court ‘ash- r AS Bisvrct or Colnmbrn, otters i i wi ‘- aaa aor GEORGE MAHONEY, Inte oP Washington county, All hav- ing claims arainst the said are rol ned toexhibit the same, yyy = Of, ta the subseriber, on of before fhe 22th day of e Toniall bee of the Given wader wor ht eee OBE! DNaswse* Hers a Saa