The New York Herald Newspaper, April 8, 1859, Page 1

WHOLE NO. 8251, THE WASHINGTON TRAGEDY. Trial of Daniel E. Sickles for Killing Philip Barton Key. Singular Interview Between a Judgo and a Juror, THE EXPLANATIONS IN COURT. Case by the Dis- jtorney. INTENSELY INTERESTING EVIDENCE, The Scene of the Homicide Gra- phicaliy Described. Pectimeny of P. V. RB. Wyck, Edward Dela- field, Themas Dudrow, Richard N. Dow- ner, Cyrus H. MeCormick, fhomas BE. Mardin, Francis Doyle, Abel Upthur and E. M. Tidball. Statement of the trict PERSONAL SKETCHES OF THE COURT AND COUNSEL, ae. de. ko. SPECIAL REPORT TO THE HERALD. Wasuinaron, April 7, 1859, Boon after the opening of the Court, wnich was crowded to excess, the jury was empannclied and the trial began. 4 wes & moment of solemn interest when the prisoner was ealled to stand up, whilet the jury regurded him during the reading of the indictment, The countenance of Mr. Biekles showea deep emotion, but no want of fortitude. The Prosecuting Atworney then rose to open the case. Be is a fine looking man, witb an impreseive manner, clear, Bisong voice and ready elocution, He epoke half an hour, end was listened to with attention. He vindicated the law egainst all violence, no matter what provocation, Ihe speech did not tell much againat the prisoner. During the call of witnesses there was much conversa- Mon, showing that feeling was aroused. A mngular circumetance occurred yesterday at the adjournment of the Court, Oue of ihe sworn jurors applied to the Judge to he let off from serving. The Jedge retused to hear him, He then turned around and eddressed & gevtieman goivg out of Court—Mr. Wikot— ead began expressing bis excessive sense of responsibility ‘and desire to get off the jury. Mr, W. reminded him of the Jnjunetion of the Judge not to bold conversation with aay me, and declined to listen further, It appears he spoke to others afterwards. The man was sober, but was labor’ dug under extreme mental excitement, This morniog tho Judge stated the circumstance to tho Dar, and it led to much comment. The juryman, Moore, ‘then rose and explained that he was alarmed ut the re- sponsibility he hud assumed, but sincathen he had ro- flevted, and was ready to go on with his duty. This inci- dent proves the stirring effect this case has awakened bere. The examination of witnesses commenced with Mr, Reed, who admitted be knew Mr. Key, Mr. Brady cross- examined bim courteously, but with care, Tho witnesses, unlike New York practice, are all sworn together before Deing examined. The evidence elicited from the witnesses called by the Prosecution to day was very conilicting, especially as to the number of shots fired, Some algo awore positively that the parties never approached each other, whilet others as awrovgly usseried 2 ecuille ensued between Key and Bickus, The cflect of thig is not eo damaging to tue pri- soner as was expected, ‘The prosecutor was not felicitons in his examinations, Dut seemed to direct his inquiries to the point of Mr. Biebles wearing Ap OVERCHaLY. ~ TE oe The cross examination by Mr, Brady, who took the lead to-day, was adroit aud judicious, apd in most cases very benef. The prosecution will rest to-morrow, but 80 far they lave accomplished little. The defence will then open, and every one is curious to koow what line it will take. The justification of Mr, Sickles will necessarily be the point. ‘The story ia journals here that Mrs. Sickles wasin Wazh ington ie untrue, and is publicly denied to-day by her fa , who ishere. Mr. Bagioli has veen in court every , but withdrew this moraing before the evidence be- p, and will return to New York to-morrow, Some per- ops have conjectured the motive of his coming here» bich ig attributed solely ty his auxiety for the fate of , Sickies, whom he has always held in great affection, om the first ali bis sympathies have beea with the un- upate busband. An inveresting incident occurred in court yesterday. of the talesmen manifested a strong prejudice agaiust . Biclges, and after retiring from the stand be came uc- bidentaliy round to the place whero Mr. Bagioli was sit- ing. Yielding to bis impulses, he got up and thus ad- Hreesed the taleemnan:— “ heard you just now,” he said, “say something h of the prisoner; but let me ask you if you had lost our wife, or had your daughter sacrificed, would you Lave been able to control your feelings and be governed by your reazon?”? “J don’t know,” gald the man; ‘ but who Is asking me his question?’’ “Tam the father of Mrs. Sickles,” replied tho unfortu- parent, whose voice was choked wita emotion, Tre talesman was much affected by this unexpected ppeal, which brought the case more vividly home to him han ever before, and he expressed his sorrow at what he d said, whilst admitting that with the same provocation might bave done likewise. This touching scene was ly observed by the pergon who relates it. ‘The evidence to-day brought out ali the tragic details the homicide, and it scomed to affect Mr. Sickles con- derably. He became very pale, whilst he frequently his head on bis hand, It must, indeed, have been owing to his feelings. But what is this to what re- ps behind? How his cheek will burn when the story his wife's criminality is told. Mr. Butterworth hag not yet appeared in court. Savo- ‘witnosses to-day swore they did not soo him during the onure. 'The jury take ample notes of the evidence. THE GENERAL NEWSPAPER REPORT. ‘Wasnineton, April 7, 1859. jury baving been empanneiled, District Attorney Id toade an able and eloquent opening address, {The examination of witnesses then commonced. [District Attorney Ould made a good impression in his ning address today. His opponents think, however, the wok too much pains in dressing up the subject, @ that his duty would haye been better performed & simplo statement of the facts of the killing, hout having recourse to any of the ornaments of juence, He seemed to anticipate the theory of the and strove to impress on the jury that there uid be no legal justification, and that if the justiioation be set 4 ‘Was iegai, they should require it w be le- proven. , Ould i# & fino, square-built, athletic man, of som» years of age, with eyes smail and gray, though ut the expression of keenness usually atiributod uch optics, Hoe bas a broad forehead, straight hair, and @ rather pleasant expression of counte. Indeed, he looks more like a friend to be honorably than like @ lawyer 10 bo depended upon. His ue, Mr. Carlisle, more of the qualities associated with the idea of a legal practitionor active, nothing seems to escape his seem to realige that they have from him than from the govern. is voice, like his person, ts thin and style aro nevertheless pleasant, Mr. Brady, of New York, reats most of tho labor of defence, BSludiously polite to Judge, jary, counsel witnesses, ho seoma to have more faith in saavity in biustering. Even whore he thinks the Judge is pg in the decision of small matters, ho prefers to sub- gracefully rather than consume time and oxasperate ings in disputation. At the samo time, whore ma- ) principles of law or evidence are involyed, none jetermined than ho, and fow moro able to defend to Just extremity the Interests of his client. He is do- dly the most popular of the counsel for the defence, ne counsel who next t/ him seems to be most relied on the defence ie Mr. Stanton, Thia gontieman is tn con st communication with we prisoner, and pita or stants lo him moet of the time, What Mr. Beaty lavishas ip auaviter, Mr. Stanton makes up in the fortiter, | ‘There i# no ceremon:o:eness about him. He comes up to | the 4 with a & olpe Lammmer earve+toess, which staads ont in contrast to his coilesgue’s extreme poliieneass, He isa man justa little beyond tho middie age of life, hut h all the vigor of one of thirty. He take with rapid utterance and great vehenience, though the reporters say he might improve his argument by diminishing his word ancy. Mr. Phillips was a momber of the Thirty third Con- gress, from the State of Alabama, who, in preference to returning to that State when bis term expired, remained to practice law in Wasbington. 1 besleve he is an Israelite in faith, though entirely restricted to the organi- vation of the jary. ‘Thomas Frencis Meagher is toe well knewn throughout the country to vecd description here, As one of the Junior counsel in this case, he contents bimeeif with Ploussntest face ag vestions te his seniors. the at the Jawyer’s table. Mir. Retciiffe hes the reputation of betog keen a lawyer, up to all the arts of the profession. He is a practioner at the Waehington bar, Mr. Chi'ton is a highly respectable and intelligent look- ing elderly gentleman, whose very apperance is calca/ated tohhave a favorable Impression on the jury. Heand Mr. Srady are to sum up for the defence. itr. Magruder ad but recently come to practice at this bar, He is favorably #poken of. His part of the defence, sowever, Nie that of Mr. Piltips, ceases, I believe, with the organization of the jury. ‘As for Judge Crawford, before whom the case is heard, be seems to bave eo far agreeably disappointed she expectations of the defeuce. cept in the matter of oooping up the prisoner, hie decisions bave been marked by firmness and impartiahty, He js evidently an old gentleman of ateictly routive ha- bus, which be displays most sutisfuctorily in adjouraiog regularly at three o'cleck. His great age, apparently extended somewhat beyond the tWreescore years and tep, bas not dolied bis reason or impaired bis faculties. y, he cbserves the case and recalls tne ovi- much acutencks and clearness a8 any of ine bar, Horace Swann, brother-in-law of Mr. Key, and G. W. Lurman, uncle of Mrs. Key, were present in court to-day. THE PROCEEDINGS BEFORE THE COURT. Wasmatoy, April 7, 1859. ‘The trial commenced in earnest to-day, and the interest in it is becoming iatensified. As soon as the doors were opened the court room was filled with ® throng, pressing and crushing to obtain « glimpee of the prisoner, who eits in the barbarous looking arrangement to which he is con- signed by the usage of this Court, Though he sits through- out each day’s proceedings apparently calm aud un- moved, yet when he gets back to his prison apart, ment he shows signs of exhaustion, and when alone, which is not often, he is said to be a prey to forrowful reflec- tions. Not that he regrets the act for which he is now on trial. Nocompunctious thought of that visits his mind; but when he thinks upon his blighted home, and the ruin that bas been wrought by the villainy of a false friend, bis habitual celf possession gives way and nature asserts her supremacy. ‘The Washington papers baye published a statement that Mrs. Sickles is vow ja this city. There is no truth what- ever in the statement; the lady’s father contradic's it in ihe most positive manner, He says that since she left her home here she has been residing under his roof in New York, under the protection of her mother, and hopes that her name will not be wantonly or uonecessarily dragged before the public, He and Mr, Sickles’ father re- main together in Court all the time, ‘The counsel for Mr. Sickies complains that letters pazs- ing between him and Mr, Sickles have beoa tampered with in the Post Office, some of them opened in trangitu, and others not reaching their destination, ‘The Court opened at 10:15 A, M. After come delay the names of the eleven jurors already aworn were called, and all answered. The Judge—After the jurors were dismissed yesterday, one of the eleven came up to the bench and asked if ho “could say a word to me.” [told bim “no, not about this case.” However, he went on to say, “I answored the question put to me, but since Ihave been sworn and een in the jary box, I have been reflecting on this thing. Tam not quite satisfied with myself.” On which I said, “I cannot relieve you.” Turning round, he went olf. Ithink itright to memtion this publicly, in case counsel may think proper to move about it, So little impression did the man’s appearance make on m6 that I cannot recognise bim now, but be is one of the eleven. Mr. Moore, the juror, etanding up, said:—I was ‘th. prested with the responsibility that rested on me and fely a kind of shrinking from the duty, Juror—It made ine feel unpleasant, but this morning I can say to the Court that I feel perfectly satisfied in my own mind, Juadge—Very well. Tam glad to hear it, It was the duty of the Court to state this. Juror—am yery glad I have this privilege of making explanation. Alpheus 8. Wright, the twelfth juror, was then sworn and took his seat in the jury box, when the twelye jurors were called and answered. Clerk to the prisoner—Stand up, Daniel E. Sickles, Mr. Sickles stood up in the box, Clerk—Daniel E. Sickles, lock on the jurors while the indictment is being read, * ‘The indictment was read, as follows:— THE INDICTMENT. District of Columbia, county of Washington, to rwit:—The Jurors of the United states (or the county ajvresaid, upon their vaihs, present that Daviel ws. Sickles, late of the county of Waebiogten aforesaid, yentleman, not having the fear of Goa before his eyes, but belog m of the devil, on the twer Lord eighteen bugdred and 6 ty-piue, with torce And arms at the county aoresal4, in and upon the bod, Filip Barton Key. in the peace of vod aud of tha aid United Sutes, then and there veteg,felontously, wilfully, and of his taitee aforethought, did make an assault; nad that ue san Lurlel b. Sickles acertain plotol of the value of two dullare then aud there ebarged with guopowcer, and one leadea Dual Let, which sald pistol be, the said «aswel E. otcalrs, in bis right huhd, ten aud there bad and beld, (hem aod there feiouiousty, Syltuliy, Aud of bis malice atursinoaghh did discharge and shoot otf to, agatust, and upon the sais Pbiip Barton Key and that the said Daiel i, bickies, with the lenden bulle:atore said, out of the plate! aforesaid, thea aud there, by force of ine Kunpowder aforesaid, by We sald Daniel K, sidkies and abot off a8 aforesaid, then und thare (eloal. and Of bis malice *forethoupht, did strike Him, the sald Philip Barton key, tn an Alba ty, eoetrate, aad wound upon the left side of him, id Philip Barton Key, & idle be ow the tenth rib ul hin, the eald Philip Barton Key’ giving to bim, the said Philip arton Key, then wad Lorre, with the leaden bullet alorereid, 60 wa siorenaid dlacharged and shot out of the platol by the auld Daniel Ss. sicties, in and upon toe lett side of nim, tae said Philip barton Key, « little below the tenta rib. of hun, toe said Philip Berton Key, one mortat wound of the depth of tec inches and of tbe breadih of hait an toch, of which said mortal wound he, the said rhilip Barton K »y, then and there lustantly ated; and'o the Jurore aloreeald, upou ine oaibe aforesatd, do say that the said Daviel #. sickles, im, the said Philip Barton Key, in manner and form, and by the meaus aforesaid, eo and there feloniously, wilfully, and of his maiice aforethought, id Bill apd murder, against thy form of the statute in such for the United states. Clerk—Upon this indictment the prisoner has been ar- raigned, and on his arraignment has pleaded not guilty, and has put himeelf upon his country. That counyy you represent, and this indictment you are to try. District Attorney Ovid opened the case for the prosecu- iton by making an eloquent and effective statement of the circumstances of the affair,amid the breathiess atten- tion of the Jadgo, jurors and audience. He said:— STATEMENT OF THE CASE FOR THR PROSECUTION. May it please your Honor and Gentlemen of the Jury—The indictment just read to you charges Danicl KE. Sickleo, the prisoner at the bar, with the wilful murder of Philip Barton Key. I shall relate to you, 98 briefly as I can, the chief incidents connected with this tragedy, so faras the evidence will disclose. The parties are doubtless woll known to you already, at least by reputation, one being w representative in the Congress of the United States from the great commerciai metropolis of the Union, and the other having long aud honorably Gilled the post of public prosecutor in thie Dis- trict, Perhaps somo of you haye seen how he discharged the duties which have fallen to my lot, The place whore the crime, as charged in the indictment, was committed was in the city of Washington, the timo the 27th of Feb ruary last, Itwas the Sabbath—a day which for mor than eighteen hundred years has been set apart in com. memoration of the Divine migsion which brought eace oon earth and good will to man, In the soft gush of that Sabbath sunlight, at an hour between the morning and evening Christian sacrifice at the timo almost when the sound of tho charch bell was lingering in the air—tho deceased, all unconsciou. of the tremendous woo which then stood suspended ovor his house, met the prisoner at the bar in @ public thoroughfare of this city. Ho must bave seen, from the attitude and movements, and othr evidences of delibe- Tate intent. which rounded into completeness the scence Of the hour, that tho pritoner at the bar contemplated some bloody deed, Unarmed and defenceless as decoased was, bo used tho poor and feeble means in his power to rave his life. How tnoffectual they wore, even in the delaying of the terrible fate, the evidence in the case will show. Prisoner at the bar had come to the carnival of blood fully prepared. fo was a walking Tongazine, fle was not only provided with a aumber of firearms, but had taken care to fupply himself with different varieties, each one possessed of its poouliar Hieneg for the murderous work, He is a nice and p enlentstor who, m the cont ngs ryt 0 auticipased ollision, wight onl} to big ald bow a Derringer aud a re- THE NEW-YO oe MORNING EDITION—FRIDAY, APRIL 8, 1859. volver. If before the time of the meeting any sach idox parsed the mind of the prieocer at the keemws indicated by the number variety of frourms, aud the tempcrary armor in which he was attired, 0 Wit, @ vonvenient overcoat on an Inooaveniantly warm ¢ay—from which it would seem he did not reason care- leseiy. Againet this moving bed which cvald place ited in ‘any position, hike a piece ying artery on 8 field of battle, the decease had nothing to taterpoee, and interposed ‘nothing, save @ pysical strength which, when govered by presence of mind, wus but feeble at beat —a poorand Teebe ‘opera glage— which, even throwa with a weil directed aim, was comparatively harmless; and lad of all piteous exciamations, which, ver they might Dave moved other men, ib this case at least, fell 00 ears of sicne. The evidence in this case, geatiemen of the jury, ‘wil ahow to you from the firstace iu tts Urage Ly to its close, through every successive scene of horror, aot only that deceased was onarmed, but thatthe prisoner at the bar knew such wae the fact when they met; tuat he kaew it when the firet shot was fired at tne corner; that he mus fturely have koown it when subsequently the exclamations of deccused were dying ip the ar; and that possibly more certainly #61 he muet have known it whem he stood bravely over his victim, revolver tn hand, seeking wo svat- ter the brains of one at whom he had dred times and mortally wounded, and when his eyes were then being covered ’ with the fim deatia, Lewy net this forthe purpose of influencing your minds ‘Sgaiust the prisoner at the bar, but as ap illustration o the principle at common law, that homicide with a deadly wespon, perpetrated by w party who bas all tne advaa- togce on hie kide, ano with all the circumstances of dalibe- Tate cruelty aad vindictiveness, is musder, no mattor what the abtecedent provocation in the case. Mr. Quid then cited from Wharton's Criminal Law, adding that the evidence in this cage will show to you that no mutter how revengetul way bave becu the prisoner at the bat toward the deceased at the time of their meeting, yor sufficient time elapged between that moment ‘and the pe. riod of the catastrophe for his passion, woatevar may have influenced him, to have sudsided. Not only was there sufficient time, but ail the circum tances ot the case conspired to such a result, I kuow not, getieman, how so bloody @ purpose could be maintained x such a length of time and under such appaling metances, unless it was sustained by remorsocless re- venge. Atleast four or five shots were fired or attempted to be fired. ‘The interval of time, greater or less, between as filled up by earnest and frantic en- uch ag @ man would make for his life—such, ire for an opportunity for self vindica ps, the recoliection of the little ones left clustering around his own heartustone. The first shot which probably took effect on the person of the de- ceased wounded him in the groin. From that time, at least until be fell on the pavement, he was supphicating retreat, yet the er at the bar did not desist from his bloody jutent, even when he gwod over the prostrate and dying form of the deceased. Nay, moro; the evidence will show that at that time he was attempt- ing to add mutilation to murder, when he was arrested by ‘the parties whose feet subsequently bore bis victim from the spot on which he fell, Murder, gentlemen of the jury, bag been defined and the definition accepted and allowe: all over the civilized world a8 the unlawful killing of a human being, with malice aforethought, The distinction Detween the two, gentlemen, although frequentiy made the subject of controversy, is tolerably well under- stood. I beg leave to refresh your minds by stating the general principles, as recognized in common law, and which govern us in the adiniwisiration of criminal justice. Mr. Ould here read additional extracts from Wharton, adding—The rules, gentlemen, by which the crime of murder is tested are not of to day's or yester- day’s growth, They have come down to ua consécrated by time and the approval of just, wise and good men. While changes in other reapecté have been made in the Jaw which governs and controls the relations of man to man, while the hand of reform and innovation has been busy in tearing down and remodelling other portions of the structure of human justice, the great, grand and old foundations of the common law witb respect to this offence, instead of being impaired, have been strengtheued by time. Springing lie an arch over the vast chasta of the remote past and the present, they have become stronger by the pressure of centuries, The maxims of the common law relatimg to the crime of murder are based on common seuse and common justice. However lecbpicul that common law may be in other respects, here it Geals alove with fact. All ita features are essentially bumaoe. The features of these great old masters—eveu our rough ancestors—as portrayed to usin the light of their own maxims, are reflected to us as living, actual wen lke unvo ourselves. ‘hese principles owe their en- ure strepgth, aug I may eay also their veracity, to their bumanity—not 2 ‘maudlin, sickly, seotimental humanity, but oue that is God-fearing and to men loving ; and while thus they allow a sufficient toleration of the weakness of our common nature, they form, as it were, ut tho same time, the very pedestal on which rests the sublime figure of ‘public jus- lice, Whenever these principies are perverted, whenever (bey are warped for the purpose of shislding criminal, whether be be humble or powerful, the blow is struck at both humanity and justice. Society, gentlemen, has its human cries us well as the soiitary prisouer, und if they come up to us in the sweilof uncounted voices they ato bo less strong. The jury that sends its deliverauce to the offender whose sting are not washed off by the evidence in the triat 18 itself morally derelict to the higa obligations which humanity imposes, Taese princi to ‘the law of murder have been prot ‘ence so eminently wise and just that in no civilized code that { ever beard of has there been any departare from thea. Inuovation, 6veu in its wildest moments, hag never ye: suggested the propriety of allowing revenge ag cither a Justication or even a palliation for the crime of murder. Human society could exist upon no other basis—civiliza- Uda itself would become an impossibility. The common law has a most sacred regard for human hfe; so sacred tbat even the rapkest criminal—he ‘who has sesumed to himself tho functions of judge, jury and executioner—is himeelf given by law the priviiege of a fair and impartial trial. It gives to-day to Danie) F. Sickles, the prisoner at the bar, uot oply what he denied to bis victim, namely, a0 impar- Gal jury and an upright judge, but, ‘until be is proved guilty, clothes him in the spoticss’ robes of innocence. Tow long the facts which may be proven in the progress of this case, how lovg the presumption of innocence in his (avor will control the facts of the case a8 they may be given to you in evidence, is for you to determine. How <00D, geitlemen, that presumption will be supplanted by another, terrible to the prisoner, is one which the law authorizes and commands you to draw, The presump- von of murder arising from every unlawfal killing, tis for you to judge whether, in addition to this eecou preemption, the proofs of the-case will show further ex- prees mutice of the prisover wwards the deceased. It is for you to decide, You sit there, gentlemen, under the law of the land. No prince or potentate ever exercised a higher function than that which you are called upon to perform. Tt is. as solemn as death, it is as momentous as hte. Your consciences have been purged by the ordeal of be Court, and you have solemuly sworn you are compe- ent to decide upon the guilt or inuocence of the prisouer atthe bar, You sit there as jarors, and not as legisia- ors, Whether the law be wise or foolish, whether it 1u- ict too severe or too mild a punishment, is no concern of yours. You are there to flud the facts, and not 10 amend the law. You might as weil ignore the ‘aw which empannels you as to attempt to viter or set aside the law which dofines and stablishes the crime of murder; nor bave you anythiug ‘o do with the punishment which the law ailixes to tuat rime, Tho reepousibility rests alone with the law mak. Dg power, and the propriety of its exercise and adminis- ‘ration is & question addreesed exclusively to the wise dis- retion of the Executive, whocan sheath the sword of justice er let it fa!! upon the guilty head. Your dutiea and responsibi! gentiemen, aro solemn and mo- mentous enov, \hout assuming others that do not be- ong to you. You sit there to try the issue between the yrisoner at the bar and the prosecution of the United States, which alleges that the law has been violated. The sue thos made up you are sworn to try, and that ss alone the guilt of the party. The responsibiuties woich stlach to the consequences of that finding rest eleewhero, Nay, more, those consequences themselves, independent sven of their responsibilities, are in the hands of the law and in the keeyivg ofa wise, merciful and just God, 1 <pow not, gentlemen of the jury, what will bo the pecul line of the defence in this case. If { did it would hardly be proper for me to allade to it at this time. If, however, genuiemen, it be legal and proved to your satisfaction, let the prisoner ree, free as tho winds of heaven. If, however, on the other hand, it be not legal, if it receive not the sanction of the law, or, being legal, it be not proved, I charge you, gentlemen of the jury, by the duty you owe to yourself, your God and your country, to smite the red hand of violence everywhere by your verdict, and proclaim to the our quarters of the pow listening world there isyot virtue left to a jury, no matter how high the position or how lofty the pretentions of the offender, The Judge said 1t was usual here to havo the openings on both sides made before any of the evidenco was pre- sented, but he presumed the counsel for the defence would prefer to reserve their opening till the case for the prose- cution was closed, Mr. Brady replied that the counsel preferred the iatter course. The Judge raid, that while the formor was the usage of the Court, the wish of counsel was aiways consulted by aim, ‘The witnesses for the United States were thon called into court. THE TESTIMONY FOR THE PROSECUTION, Tho following persons answered aad wore severally sworn, such being the practice here:— Dr. R. N. Cooledge, Dr. R. R. Stono, Richard N. Downer, Francis Doyle, Thomas E. Martin, R. V. R. Van Wycko, Joseph Dudrow, Abel Upshar, Rdward M. Tidball, Oyras M’Cormick, Jobn M. Seeley, Jr., Jonah D. Hoover, Robert J. Dillon, Thomas Woodward, Reuben Worthington, Henry Hepburn, Kdward Delafield, Somp delay occurred, which the District Attorney ex- plained-by saying ho was waiting for a witness to oxamine first, and who was not in court, He bad eent for him. This witness was James H. Reed. He soon aforwards came into court, was sworn and took the stand, EVIDEXCR OF JAMRS I, RERD, ier Present at tho time of the death of Mr. ey! A, Twas near by. Q, Bo good enough to state ail the ciroumstances con nected with the killiog that you saw, A. Twas passing on the Sabvath of the otth of February up tho street known as part of Pennsylvania eyonUe, rua ‘bar, it | ning by ibe President's banse, and I got up nearly oppo- site the street Koown 08 Madisou place; I was walking , ong westward, and heard a load talking, as I ‘i ; 1tooked up, and my eye full on two gentlemen on the corner of the pavement at Dr. Gunacil’s old Tea\dence; one was standi g rather to the westward, the other eastwami; they scomed to be from four fo six feet apart; they remained 90 for @ mo- ment or two; a6 foon as 1 saw the men good, I 2aw the arm of the cue who was westward begin to rise; directly I eaw there wes something im his band—appr rently a pistol; the arm was gradually steadying; my im- Preféion at the moment was that these gentlemen bad come out of the boure where Dr. Maynard resided. Covrsel for Mr. Sickles objected to the witness stating his impreseiong or presucptions, ‘Witnees—He raised a pietol gradually; in the course of five or ten seconds leaw him take deliberate aim; saw hig aiming apparently at tho corner of the bouse, bat ia ‘By inetant afterwards saw it was at the man eastward of him; the aim was deliberate; the man eastward was making an effort to get out of ihe direction of the pistol; in two or three seconds the pistol was tired; the man who fired the pisto' moved a little westward slowly; the other advaticed towerds him; the one eastward followed, ap rapidly, but cid not gain vpon bim till they reached tae place where the firet ting took place. Q--[o [understand you to say that they went to the micole of Madison place? They went westward and a little on the southweat line; when they from where the irs shot at retreated and went somewhat northwardly aud eastwardly up Madison place; the other followed him up, thongh rot so clovely perhnps; the gentleman who was sbot at ran up and got behind @ tree, and commenced sbouting “ Murder,” “Don’t shoot 'me;” it was the first tree on the east side of Madison place; be Wanted toacreen himeelf rom the man who ; tbe man who had the pistol came up to about five feet of bim; there he attempted to shoot lis pistol, but it spapped; that was the second fire or atempt Wo fire; be then retreated back @ little, the man who was shot ‘ol owing him up, and they went into the middie of Madison place; that was after wrapping and the second attempt to shoot; when they reached the mid- dle of tae street they were about ten feet apart, and there ‘@ secon) firing took place; just be ow that I saw the man who was sbot at attempt to throw something, which ap- perently struck the other; the throwing and eecoud firing of the pistol were simuitaneous; the article went slowly and fell at the feet of tue mam who fired the pistol; I do not know what it was; as soon as the pistol wes fired the man got himself up this way, (deseritiag bim with both bands against hig sto mach,) and said something hke Kill me; he ran over to the pavement; cannot eay whether be touched the fenoe or not when he came round; the man who fired the pistol came up in front of the man who was down; be tarned up a litle on bis right elbow; heard him excinim once or twice, “Don’t shoot me,” ‘Don’t shoot me,” what other words he said Ido not know; the pistol was fired throo times; the man who held the pistol was about two anda half fect from the body when the third shot was fired; he then attempted to shoot again; the pistol snapped; he svapped the pistol a second time; that makes six times that the man attempted to soot; there were six attempts to shoot; witness was standing on the south pavementof Pennsylvania avenue, and near the south line of Dr. Gun- nell’s residence; thought it foolish in him to rush in and interfere, lest he might be shot—hence he did not inter- fere, but’ went over us £00n as the shooting was over, Q.—Did you see the lamp post at the corner, known as Dr. Maynard’s corner? Witnese—Yes, sir, 1 know ita position; the man who fired was distant about four feet northeast of ft; tie'man shot was further north; they were apart from four to six feet when the first shot was fired; the man shot at did not move more than @ foot or two from that; he seemed to be twisting bimself to get out of reach of the pistol; the par- fon who fired the shot went to the eastward and sligutly southward about eighteen or twenty feet, and was fol- lowed by the persou who was fired at; they were not nearer than threo or four feet of each other; the man shot at stopped firat; the other followed him up; the peraon fired atcame round behind first tree; the person firing snapped bis patel at bim while behind the tee; Ina ge- cond or two the person fired at came out progressively ; person retreated up the street and reached ne’ the middle of it; the man shot at followed bim up; th space between thom increased till the attempt to throw abd eecond shot took place; instantly his (the witness’) eye rested on the man snot; he drew himself up and ex- claimed, “You've killed me,”’ and retired eastward to the payement, fist ate their relative positions when something was thrown! ‘ ‘Witnese—They were ten fect a] ; the man shot was eastward, and the man ding =the pistor westward; the mam shot made for the eastern pavement, he wee followed siowly by the other till he reached the ition when heired the third time; the other was then fying the pavement; was holding bhigeelf up with one Hund while lying on the pavement; this was the. tush f saw of Key; at that mot he bad mades tarn, and was ‘on his side; the man with the pistol came up fall’ in front of where he waslying, aud there fired, Q—Did Mr. Key retreat with his face towards Mr. Sickles, or bis back? With his back; he went face foremost to the pave- ‘meo' Q.—Did you hear any exclamation from Mr, Key at tho time the third shot was firea? A.—I beard him eay twice, “Don’t shoot me,” ‘Don’t beet me,” at the second exclamation the third shot was ed. Q.—What interval elapsed between the firing of the third sho. and the first snapping afterwards? A.—I judge it was near two seconds. Q —How goon aid the gecond snapping of the pistol follow A.—Sooner than the first one did after the shot; about three or four seconds, Q—Did you maintain your position from the beginning to the end of the occurrence? A.—I did pot move three feet from the place where I firet stood; was on the south side of the street ruoning tthe H'reeident’s house, and about three or four feet rom the curb stone; was about thirty-five paces from the parties when the difficulty first bepan; Mr. Key fell avout twenty-tive or thirty feet from the lamp post, at the cor- ber, Ali these matters happened im this county of Wash- ington. ‘jive ‘witnees was here cross examined by Mr. Brady. Witnest—[ am engeged in buying and selling wood and coal; bad seen Mr. Key, but did not know eituer bim or Mr. Sickles at tbe time of the difficnity; they were stand- ing in such a position that I could not recogaise either; he (Witness) cid bot see any person whom he know by sight or nutne; be saw a geutieman on the opposite side of Ma digon pince, the park side; be was going northward; do not know Who be was; Saw another man goug down Penney)vania avenue; be was left of Dr. Guanell’s resi- cence; did not see bis face; Saw BObOdy until the sevond bot was fired, when he aw persous running dowa from the Club Honge; they were apparently comimg from the church; those’ coming down jhe street might have geen the third shot fired; the man whom he first saw could not gee the parties without turning round, the man was going eastward down the avenue; could not see the first or second shot; those com- ing, down Maaison place might have seen the second shot fired; do not know Joseph L. Dudson, Richard H. Downer, Mr, Butterworth, Edward Delafield or Francis Doyle; was not examimed before the Coroner's jury; did not understand avy of the loud words spoken between the partiez; had no idea who spoke. pate out of your sight Q—Was the band that held the atany time during the whole affair ‘Witness—I judgo it was; on Mr, Sickles turning around his band was vecessarily Outofmy sight; was too distant tosee what kind of @ pistol it was; aid not change my position at any time during the affair, Q.—Did the person fired on advance toward Mr. Sickles and succeed in touching his person ? A.—Not in my sight; do not believe he could have done #0 without my obgerving it; feel certain of that. Q—You did not see Mr. Koy take Mr, Sickles by the neck ? A.—No, sir. ‘or by the coat nor hand? No. Q—You caw nothing like a tussle? A.=No, sir. Q—And eee rer three shots fired and three snap- pistol sr, pings of the A. g Mr. bir ‘tate thé position in which Mr. Koy was when throwing something at Mr. Sickles, Witness—Ho was weet about twelve or fifteen feet of the second, three feet from the pave, and perbaps a litte north; Mr. Sickles was then eight or twelve feet west of him, be and Mr. Key facing each other. : Q— Wu there avy shot Bred while they were not facing each ot ‘Deel ey Rye Aika oon. go other on each occa. sion; at first they Were not exactly opposite, but they saw ach otber; the article thrown by Mr. Key struck tne per- son of Mr, Sickles; it Struck either his arm or body; the throw apd shot were simultaneous; they were eight or ten feot apart; could not decide what that article was; dit ot ge¢ Sbytbidg On the street afterwards that bad drop. d from either party; the first parties who came near Mr. Key were those who took him up and carried him to the Cub Lay Hh not believe he heard any of these speak of Mr, Sickles, Q—After the jaat shot, what did Mr. Sickles do? A.—Ho turned round aud went up the strest, north, Q—Did you think at any time that that last ahot took 1 do; I judge it etruck him within cing the lower stohinch); there were two eoappings of @ og in that, Gm How 180 WAS es from Mr, Ki sion of tho last two snappings ? ey on the ocoa- Wiiness.—Measured from Mr. Key's feet, he was {c five (eet, and from bi head about six feet,” was four or Q—W ” ‘was hia Dearest point at any time of mapping or firing Witoere —T judge, at tho third time ho fired the pistol, that he was two or two and @ half feet distant a Key; at Ne suapping he was further off. istant from —Did Mr. Sickles get nearer to Mr, " tug the whole affair? ‘Mr. Key at any time ». Witoees,—Not more than he wag at the last firo; Tjudgo he was about three or four feet from him; this aifur ov- copied altogether, from the time that the shot was fired to the time of the fast snapping, one anda bait or two ww. nutes. Q —Flow long have T been cross examining you? Witness —Abvout twelve or fifteen miauted; perbaps it may be as much as eighteen or twenty, ) When sr. Key fell, did he fait om his face, or on bis tiwei ) aud eIbow, ia veo towards Mr, Sieklos, ‘Ae-On bis RK HERALD. To District Attor ‘when Mr. fell, Mr. Sickles war five or seven stepe from bim; when be fired the third shot the mnzz.e of the pistol was about two or two and & balf feet from the body, at least that Was my impression. KVIDENCR OF P. V. Be VAN WYCK. P. V. R. Van Wyck was the next witness.—Was Present at the time of Mr. Key’s death; was on the north side of Pennsylvania avenue, infront of Commodore McCauley’s residence; noticed two gentle men on Gunnel’s corner, apparently in conversation; 2aw one of them retreat up Madison place; saw the other rajse his arm; beard the report of a pistol, and com- menced running towards the place; both parties disap- peared from sight up the street; when he turned the corner again eaw one man lying on the pavement motion- Jess, and another man standing by him with a pietol in his hand; the latter presented the pistol at the man lying down, and snapped it; saw him cock it and present it again, and heard jt enap, but did not see it, as f turned away my bead; saw some partics approach the body from the north, and pick it up; he (witnese) approached and saw the man was lifeless, and turned away; saw no more of the killing; be (witness) was walging westward wuéu bis attention was lirat directed to the affair; Commoaore aud; tle genticmen appeared waning uordh end’ wor, " nen, outa; the cue bo. red. was. ota gouthWard; could see the space between them; saw tue one who si00d north retreat; that was tbe one who was fired at; the distance between the parties at the time of fring was about gix feet, could partly see the man fired at; could see bie frout; could entirely see the mao who tired; be was three or four seet north of the lamp post; he (witaess) ‘was walking westward, Q—What bappened immediately after the first dring between there parties ? Witnese—Tbe gentleman whom I partly saw disap- peared from my sight, as if following the otner; I was Tunping at the time, and my ‘Was DOt ailogether dizected to the men. Q —When you got to the corner what did you ree? Witnees—I saw one man lying on the pavement und the otber standing by bim with a pistol in bis haud, which be Presented and snapped at the man lying down. Q—Did you get up near to them? ‘Witness—I stood at the corner. Q —Did you recognize either of the parties? Witnees—I recognized the man who had the pistol. Q.—Who was be? ‘Witners—Daniel E. Sickles, the prisoner at the bar; I knew bim only by sight, Q—Whom else did you see there? Witnese—I saw Mr. Batterworth, and Mr. Martin and Mr. Upebur. ( Q—Where were Woy? Witnees—I fi «d Mr. Batterworth as I was ap proaching the « he appeared to bave just come down Madigon pi ue stopped at the corner and looked up Madison place, « (er the last shot was fired saw him approach the ratiing ood rest upon it, Q.—Where were tbe other parties? Witness—{ noticed Mr. Upshur and Mr, Martin, immedi- ately after the pistol was snapped, leaning over the body, as if to pick it up. Q.—Did you see any other act of firing except the first? Mr. Brady thought that alter the witness bad given a mi perraye, it was hardly worth while to goover the etails ag ‘The Judge thought the counsel hada right to ask fur- ther questions. ‘The question was then repeated. ‘Witness—I mentioned that | saw two firings, Cross examined by Mr. Brady—About how far were you Ht ecaaetaageamac eae irene ftsaesanptnary a: ‘Witness—In the ne'ghborhood of fifty yards, or between. forty and fifty; Iran to the corner; could not form any true estimate of the time it took me to get there; could not teil what time elapsed between the first and second reports, por between the starting for Ma- dison place and the end of tho transaction; should say it was within two or three minutes; heard three reporta of a pistol; they were not in rapid succession; Ubere was about an equai intervat of time betweea the first and the second and the third reporta. Q—Did you hear anything said by either party during the aflair? ‘Wituese—I beard exclamations, but could not distin- guish them; they proceeded from the party who retreated. Q—Dia you see any person, while Mr. Key was lying there, come vp and speak to Mr. Sickles? ‘Witnese—No, air. —Did you fee any article lying on the itpese—I saw a pistol, a single barrell to the end of the muzzie; called a Derringer pistol; it was ying. corner of the Raley gd @ yard from the crossing, and in about the same place where the party wao fired etcod when the first shot was fired; 1t was about ten or filteen feet from where Mr. Key was lying; the pistol was on the east side of the pavement; that was the last I saw of it; Baw DO other articie lying there; did not notice how Mr. Key was dressed till I saw him ia the Club House; could not state whether be had on an overcoat; he retevat- ed with hig ace toward Mr. Sickles, y ~ EVIDENCE OF EDWARD DELAFTELD. Mr, Edward Delafield was now sworn—Ho heard the report of a pistol; saw two gentlemen near the crossing; the shot did not seem to have any effect on Mr. Key, who exclaimed, “Don’t shoot me,” ‘Don’t murder me; Mr. Sickles fol- lowed him up; Mr. Key crouched behind a tree; he took Mr. Sickles by the rigbt hand, when Mr. Sickles throw him offand fired; the shot took effect, Mr. Key failing and reclining on his arm; Mr. Sickles ay hed him, pot a | awe to bis breast and fired again; Mr. Key feil over a3 ifdead; gentlemen came ruunivg from the Cinb House, to which the corpse was taken; after all the shots were fired Mr. Sickies waiked off with a friend, arm in arm ; the wholo affair aid not occupy. more than iwo minutes; be (wit ness) noticed Mr, Sickles 80 much as to aay to a friend, ‘There goes Dan. Sickles;’’ he did not see the first shot; did not hear what was said between the par- ties; he did not observe we character of the pistol, nor did he know Mr. Butterworth at the scene; after the first shot both Mr, Sickles and Mr. Key were in the middie of ied street; the first shot had been fired before Le saw el, pavement F led one, stocked think it was wast is EVIDENCE OF JOSEPH DUDROW. Joseph Dudrow sworn—Isaw Mr. Key jump aside; as he did 0 Mr. Sickles raised a pistol, and there was a scuffle for @ minute or two; Mr. Sickles ran to the flag. stone; Mr. Key followed him up, but did not sue ceed im catching hold of him; he then turned onfeMr. Key, who retreated backward for some time; Mr. Sickles fired, but wheuber Mr, Key was ttruck, he (witness) aid not kuow; Mr. Key crid “Murder,” Mr. Key then retreated to the tree, Mr. Sick los folowing bim up aid firing; Mr, Key fell oa the pave ment; Mr. Sickles then put the pistol to Mr. Key's head, but the cap snapped; only three shows were fred to my knowlecge the proceedings heard Mr. Sickles use the words “my bed,” but could not hear the remainder of the seotence; Mr. Key was then lying on the pavement; others ran up, but they were all strangers to bin (wit- ness). ‘Anéwers to questions by the defence.—Ho (witness) did not see anybody that he was acquainted with; could not say whether Mr. Kay took hold of Mr. Sickles avove or below the waist; it was after the pistol was fired at Mc. Key’s head that Mr. Sickles said ‘my bed,’ saw Mr. Key lifted up; bave @ faint impression that 1 saw Mr. Key throw Pag my Mr. Sickles; all the shots were fired before Mr. Key fell. EVIDENCE OF RICHARD N. DOWNER. Richard N. Downer examined by the District Astor. ney—Resides in the District; was not present at the time of Mr. Key’s death; was standing a the corner of Fit teenth street and New York avenue, when I hesrd the report of a pistol; saw some persona stop on the avenue opposite Sixteenth street; ran up and heard the report of another pistol; before I got to Mr. Maynard’s house there was another ; I was about turning the corner; heard a snap and thought I close enough to it, and did not go any closer (inughter); { dodged back a little; I went back after the shooting (laughter) and saw Mr. Key lying on the pavement; [ knew bim by sight and reputation; I saw apergon whom I understood to be Mr. Sickles; the prisoner at the bar is that gentleman, Mr. Key was lying on bis back; Mr. Sickles was fourteen or fifteen feet north of bim; [heard bim make a remark, which seemed to me, “is the damned scoundrel” or the “damned rascal dead?’ I saw a pistol in Mr. Sickles’ band; it looked to be a revolver; I picked up the pistol at the corner, twenty-five minutes after the occurrence; it ‘was & Derringer pistol; took it up and looked at it; it was ‘not loaded; I looked at it in the Club room; there was an exploded cap on the nipple; T did not observe other marks ‘Of its being recently exploded; saw a gentleman take the cap off and blow through the barrel, after examining with ‘@ pew handle whether it was loaded; I afterwards handed the pistol to the Coroner; I did not seo any the fring; bad a brick house botween me and the part g) Croes-examined by Mr. Brady—I handea cn to the Coroner; where it was blown out was before the Coro ner’s jury; the Coroner was the first person to whom I handed the pistol. Mr. Brady said he would want that pistol identified, ‘The Disuict AWorney—Certainly. EVIDENCE OF CYRUS I. M'CORMICK, Cyrus H. McCormick, inventor of tho reaping machino, was next put on the stand.—Resides in the houso known ag Dr. Maynard’s house, on tho corner of Pennsylyanis avenue and Madison place. Q.—State what you saw in regard to the death of Mr. Koy? A.—My attention was first attracted by the report of a pistol; I arose and stepped to the window of my house, and discovered two persons om tho stone walk betwoou Dr. Maynard's corner and the cornor of tho square, moving westwardly in @ hurried paco—on something of a run; [ remarked that it was a street fight; I noxt saw Mr. Key standing near the middle of tue siren! — Madigon place; Mr. Sickies was advancing upon him diagonaNy; T did not recognise the parties till afler the first @ Mr. Sickles fired at Mr. ;, Mr. Koy went in the direction of the large {ee second ‘trou tae avenue, and got to the tree; Mr. Sickles followed in that directioa; when Mr, Sickles got to tbe tree Mr. Key tel into the gutter of the street, agalngt (be curbstono, and in thas position Mr, Sickles fred ot him; T am not certain whether thero was a svap or not; I could hear nothing, she winow not being ny, eB tuod after of abyut tho time Mr. Key teil; 1 thik Mr. Key was dowa, the parker Worg om shy eivag Walk why J Ores saw them; tag Mi Parties were at of aru, and fos vg peepee dnbting vet by, ine ue Key about ibe middie of the street, and Mr. Sickles -d- vaneing ag if to fire. ~ To Mr. Carlisle—I was at the wintow on the second flor, the third window from the avevue, nearly oppose where Mr, Key was when first fired at; it was my own ); think probably I turned my head \neide, as there were some persons wnhin who I thought be frightened; it was a window on tne parior floor, ie early level with the street, ‘The witness was wot crose-examined. EVIDENCE OF THOMAS B. MARTIN. A.—I was in the vicinity of the place where Mr. Key wan killed; 1 was walking up toward H atrect, when heard what seemed to be @ report of = pistol 1 tarned round, and recognized Mr. Key, Mr. Sickles and Mr. Butterworth; Mr, Stickies had just fired; Mr. Butter- Worth was uear the railing; be (wituess) was very mach ; Went towards them, but first stooped atthe Oiub- to state what was taking piece; came out and pro- ceeded to the spot, Mr. Key lay extended op the pave- ment, Mr. Sickles stood with bis back tawurds the bis uted towards Mr. Key; be acap; be (witness) passed in between Mr. Key; he went round and took bold of Mr, Key, and looked ‘up inquirig)y towards Mr. Siokles, aod heard him e the rematk, ‘He has violated my bed,” District Atorney—Never mind abont toms Mr. Brady insiste:! nat ib was pars of tus marrative, and that the witness sbould be allowed to The Jasge—It is proper for the witness wo state every- thing that oceurred. He is bound w relate all Uiat ho tow and heard. District Attorncy—He had not ssked the witness to state what be had heard, but only what he bad seen. It was defence t0 ask him m addon what It would be the same as describing 8 pantomime. The witness bad alreacy testified to hearing the repurt of a piaiol. The Judge did not agree with the District Attorney as to bie right ae asaion a8 to particular facts, and leave the Other side to question about other facts. Witnese—I heard Mr. Sickles make the remark, ‘(Hs has violated my bed; Mr Key was then Almost extended on the pavement, lying on bie elbow; he (witness) called on those near to oid in carrying him wo the Uiud Hoase; we carried ‘bim tothe back room; he was still breathing; | pubmy band op his beart sud (ound it euil pulsatiog; Lasked him if he bad anything to say, supposing be migbt have some word 10 2en7 to his children or something explanatory of the occurrence; be made no respouse whatever, as if he did not understand what Isaid; Dr, Cyoloige came in about that time, anc I left the room; I do net know bow many shots were fired—three or fuur,1 suppose; when I first went into the Ciub Bouse Mr. Key was just north of the tree in the street, in a falling position, end near tue gut- ter; the three persons wire Dear together; I think ‘Mr, Key was ou the leading from we flag to the pavement; Mr. les waa three or four feet hia, towarda the Club House, and Mr. Buterwortn was pear the railng; I saw bim bet once; I kaew them all; that was after the first shot? Idid not see anything of them till after the first ehot; the remark ie by Mr. Sickles was after the last shot, and. after the suapping of the pistol; I was beside Mr Key’s body; Sickles was standing beside him with his back to the eset then Mr Butterworth approached, and be and Mr, withdrew. Q—What was the distance between Mr, Butterworth apd Mr. Sickles when you frst saw them? ‘Wiuwess—Near the width of the pavement; I saw no other pesrons in the neighborhood at taat time; Mr, Sickles walked off, and Mr. Butterworth moved towaras him; I lost sight of them at that moment, and was atwend- ing to Mr. Key. examined by Me, Brady—Cannot say how many reports of a pistol | beard; I think there were three or four; the sbots I heard were fired rapidity; I did not see any pistol nor anything else picked up; Mr. Key was dressed in a grayish suit of clothes; be had | On Lo overcoat; I heard no other expression made at tha time than the one I mentioned. EVIDENCE OF PRANCIS DOYLE. Francis Doyle examined—I was present at the time of ‘Mr. Key’s death; I was in the back room of the Ciub House; I looked in the direction of the avenue and saw Barton Key lying on the pavement, ani Mr. Sickles a few feet from him, with s pistol in hand, as if about to shoot bim in the head; about the time I arrived Mr. Key faid, “Don’t shoot,’ I placed my ‘hand on Mr. Sickles’ shoulder and begged bim not to fire; he desisted from firing; he turned round as if to justify himself, and said, “He bas defiled’? or “dishonored my ded;” I do not re- coilecs which expression be used; he may’ probably have ured a harsher e: nb; after [ epoke to nim he turned round, showing uo further intention w Mr. Butcer- worth was then standing oa tue avenue, within a few fect of the corner; hewpproached aad took Mr. Sickles by tha arm and walked off with bim up the street; thea my at- tention was called to the condition of Mr. Key; he was carried into the Club House. Q—Did you hear avy cther exclamation made except that you bave mentioned? ‘Witnese—Not that I am sware of. Q—Did you notice the dress of Mr. Sickles? Witoess—Cannot say I did; think he bad a frock coat on him; do not know whether it was an overcoat; the day was a pleasant one, but I do not know that it was partica- larly warm; Mr. Key died almost immediately after he was carried to the Club House; I believe be breathed once, Cross examined by Mr. Brady—T presume T wore an overcoat to the Club House on that day, as [ usually wear one; did not notice tho pistol or otuer articl» phoked ap; did bot bear Mr. Sickles make any other thao f have stated EVIDENCE OF ABEL UPSHUR. Mr. Abel Upshur exumined—I was present on the ooca- sion of Mr. Key’s death; bad been to church; got home about halfpast one; walked from home to the Clab House, aud there met Air. Doyle, Mr. Tidball and Mr. Martio; the last went out, as if to go home, but soon he rushed back and told us—(objected to)—be (witaess) came out of the Club House; beard the teport of a pistol; saw Mr, Key down, and’ Mr, Sickles standing over him; when within ten or fifteen feet of them saw tho pittol evap; Mr. Doyle camo up and clap- ed bia band on the shoulder of Mr, Sickles; se. ickles desisted in Gring, and then turned round aad ob- served that Mr. Key bad’ dishonored his bed, whereupon we carried Mr, Key ino the Ciuo House; that igall know about it; [do not know whether the remark of Mr. Sickles was addreseed to Mr. Doyle or to us all: thiok Mr. Sickles bad on some kind of overcoat; cauuot describe his dross; do wot recollect that that day was remarkably warm; Mr. Key never spoke at all after we got to him, Croes-examined by Mr. Braiy—I waa in the habit of ‘Wearing ap overcoat, and had on my overcoat at the timo; did not see the pistol or anything eise picked up; did not hear avy remark from Mr. Sickles except whatl haya mentioned. EVIDENCE OF E. M. TIDBALL. Mr. E, M. Tidball sworn—I was present on the occasion of Mr. Key’s death; I was atthe Cinb House with Mr, Martin and Mr. Upshur; when I got out of the Club House Iobserved Mr. Key lying on the ground and Mr. Sickles standing over bim, near his hea, with a piatol pointing towards his bead; I was balf way to him when the pistol apped; when I came up I reached my hand over to Mr Sickles’ shoulder; he stepped back and remarked instant- ly, ‘He bas dishonored and defied my bed,” or ‘violated it;” he repeated the expreesion; then Butterworth camo up from the corner and took at. Sickles by the arm, and hey walked off; Mr. Rey was carried into the bp Did you hear any expression made use of by Mr. Key? Witnese—When we got within six or eight foet of him he cried “Murder,” be never spoke after we came ap; Mr. Sickles had on a brown overcoat, hght pants ana a bat; it was a long overcoat; noticed it as he passed me; it ‘was & pleasant day and quite warm. Q—Are there any particular circumstances which im- press on your mind the hour at which this occurred? awe sir; [should suppose it was about two o’clock. Q.—State the circumstances which lead you \pposa that was the bour. sid Qhlected to and withdrawn, ities {8 satiefied that it was about two o’ci bably a few minutes before two, nee Croes-examined by Mr. Brady—Was in tho habit of Wearing an overcoat; think 1 wore one that day; did not hear Mr. Sickles make use of any other expression; he made use Of it, and repeated it very rapidly; is was ‘said in rather @ loud tone of voice; 1 saw a pisiol lying on tha ground ; that wos after the body was taken to the house, and I wes on my way for a physician; I did not stop to Pick it up; I think it was single barrelled. It being now near three o'clock, the Court adjourned. An officer was sworn to tako charge of the jury, and Sa ‘Wvs provided for thea at the National forel. The District Attorney ssys he will close the case for the Prosecution before noon to morrow, Wetcoxm Coxcurt ro Mr, E1srmwp.—Mr, Theodore Eis- feld, the eminent musician, who was 80 provideutially faved from the wreck of the Austria, having arrived home from Fayal, @ welcome concert is to be given to him a the Academy of Music on Saturday. The affair is a very ‘appropriate testimonial to ® worthy man, and will doubt jess bo a brilliant and enjoyable occasion, Mus, Bisnor’s “ Reapives rmow raw Ports,”=Mre. Lau- ra 8. Bishop will read a selection of poetical oxtracts this (Friday) evening, at eight o'clock, at Dodworth’a Hall, 806 Broadway, The programme ia very choices, meluding some of the most popular pieces of Lougfellow, Herden, Jerrold, Willis, &o, ss Captain Ooms ‘24th ult., all te Bare seer ariegganral ult., all well, ri v Uberty to her crow at the former peo i JA general court martial convened at tho Pensacola Navy Yard oa whe 264 ale, for tue wial of Fire Liovt. R. 6, Duvall, altacked to that yard, The charges hayg bot bees made padi a