The New York Herald Newspaper, April 12, 1859, Page 12

10 THE WASHINGTON TRAGEDY. Trial of Daniel E. Sickles for Killing Philip Barton Key. Coxnclusion of Opening Argument of the Counsel. THE EVIDENCE FOR THE DEFENCE, “Bestimony of William Badger, John B. Haskin and Daniel Dougherty, do. a, ao. THE GENERAL NEWSPAPER REPORT. Wasunvatow, April 11, 1859. “The counsel @nished his remarks at haif-past twelve welock. Mr. Brady offered to prove the friendly relations exist. | ing between Messrs, Sickles and Key in March, 1858, and sebmitted a note from Key to Sickles, aud copies of others. Counee! for the prosecution objected. Argument followed. THE PROCEEDINGS BEFORE THE OOURT. Wasmnnaron, April 11, 1859. Such is the anxiety manifested to be present at the trial o-day, that before the doors opened for the admission of ‘Mo audience the Court room was crowded by persons who had obtained ingress through the windows. ‘The points which the counsel for Mr. Sickles presented for consideration on Saturday were:— Firs\—That the government is bound to make out a ‘sane. Second—That malice was not to be presumed, but proved. ‘Third—How far the adultery was to be considered pro- “Fovation. Fourth—Why such a crime, under the old common law, ‘was not murder, but manslaughter. Fifth—Why the extinction of pricilegum clerical, the slight burning in the band, which was ponishment in such eases, is tantamount to an acquittal. Sixth—Whethber the frenzy natural toa and, under -sircumstances of such a character, does not operate to | mental unsoundness. These six poin's were considered on Saturday. The following is the soventh point, which counsel did ot discuss then, but proceeded to consider to-day: Beventh—Whether, viewing tbe case as one of ungo- vernable passiou—ae one of resentment produced by pas sion—ihere war sufficient time for the defendant’s passion 0 coo! and for reason to get the better of his transport of pageion, and whether his subsequent acts were delibe- wate when the mortal wound was given to the d id Judge Crawford took his seat on the bench at twenty minates past ten o'clock. The general jury panel was called, the jurors having Deen instructed to attend to-day, and the Judge dismissed ‘Shem till Monday next. About twenty minuics afterwards Mr. Sickles was con- @ucted into Court, and took bis seat in the dock, some of his counse] and Mr. Emanuel B. Hart having seats near him. The jury haying been called and answered to their mames, The counsel for Mr. Sickles resumed his argument. He said:— Re was fost approaching the close of his present duty, If there were no other reason t) admonish him to do 80, bis own exhaustion would be such a reason. The !uterest he felt in the prisoner must be the excuse for the tax which be hal imposed upon the Courtand jury. He ‘would briefly recapitulate the arguments which he Thad submitted. He had shown that human law @id not reach all cases of wrong; that the omission to provide against this wrong was sim. Ply to turn us over to our instincis, as regulated by the Jaw of nature. He had suggested that as to the relations NEW YORK: HERALD, TUESDAY, APRIL''12, 1850.TRIPLE SHEET. If Mr. Sickion bad thrown out a if be bad invited Mr. Key to that vicinity, ta order that he wight go forth from Bis mansion armed, a4 he was repre: tented to be by the learned counsel for the progecutioa, to the end that be migbt slay bia, then there migot be @ feature in the case which migbt appal us. Bus there it no sneb teature here, Mr Key was m the neighborhood of Wir. Sickles’ mansion, following the Devt ef nis own tm- pious and wicked inc'toations, The very ferocity of this Aitack, as represented on ihe part of the prosecution—te very murderous character Which they bave tried t imoart to it, shows most conipletely what was the state of miad ebich prompted Bim to the comission of the act, This jem speaking fact. Mr. Sickles encounters Mr, Key with out apy expeetavens whatever, He meets bim as casu- ally as though be bad met the veriest stranger: aod the very ferociy with which the witoerses say be went at Mr. Key, aud slew him, is indicative of the irresisti bie imposes whieh drove him on, aud against Which it wos impossible to oppose any resistance. There is, fore, uotbing hike deliberation in the case, The foro. y of te weeauit, a8 portrayed in the testimony, ia the very fact, above all otbers,on which I would rely w sbow the frevaed mind of the man who was the author of (he act. As I have already watd, grief, despair, and revenge, and a!l these feelings are excited bY euch a provocation, Wot appealing to avy particular one, but exciting ail these ‘ele. ments of the mind, in the strife aod coatest for suprema- cy. Under these circumstances willthe jury say thatrea £00 €xerted apy Bway amid such a battle of parsons, wheu it was impoesible that the ear of hie mind could lis- ten to the audience of reason or couscieuce? He referred the Court to the cage of Major Robert Owusley, 17, State Trials, and the Queen against Fisber, in i/lustration of tne prevent case. ‘There was no cooling time; there would be no cooling within the compass of a life time: as often as reminigcence shall recall the wrong of his wife his excite- ment will blaze up with allitsfury. He referred to the ease in English trials where ther siew another for committing sodomy on hia son—a crime go horrible in its character as not to be named among Christains; the lad, fourteen or fifteen years of age, yielded himself to the unballowed lutt of a man; the father, hearing of the crime, bunted bim out and pursued him for a whole nignt, aod baving found him, deiberately slew him, Would any jury fay there were any such feelings of purity in this case as those which attach to a wife? It was of the essence of hu- ia nature to Jove woman with a tenderness which does not identity itself with any other passion, This furas the most enthusiastic, the most maddening passion which clusters around woman and invests her with her claims to protect: ‘The more the offence is contempiated the more it maddens. Although the father deliberately slew the man who perpetrated the horrible crime, and aithoagh the Judge cbarged the jury that they must convict hia of murcer, yet the jury, in the face of the law, convicted him only of the crime of manslaughter, A parailel might be drawn between the twocases. In the first the father, after spending all n ght in pursuing the offender, executed vengeance. Ip thisthe aaulterovs conduct of Mr. Key throst itself upon Mr. Sickles as he passed him; io a moment the train exploded; and becauge the wrouged hus- band summarily slew bim he is arraigned here as a crimi- | pal, Mr. Sickles, unlike the fatver referred to, had no time to manifert such indications of mental unsoundness as those which attach themaelves to offences of this kind; be could pot in witnesses to see the craziness under ¥bich he committed the act; but under such a ptate of wind as these circumstance would naturalty produce, Mr. Sickles committed the act for which t is ‘sought to deprive him of — existenco. Now, gentlemen, a very brief uarrative of this case, and Tshali submit it'to you, so ffir as the opening is concerned, | Let us ask who were the parties to thie transactiou? As I have sald before, I sball speak no unkind word of Mr. Key; I shall put the facts before you, and leave them to epeak to you as humanity always will speak under cir- cumstances like the present. Mr. Key was a man of about forty years of age, as I am informed; he had been & married man, and at this very time he had the monu- ments of tbat sacred relation daily before him to warn him of the wickedness of his conduct; he himself had as- sumed the marriage vow, and knew the solemnity of it; he could tell himself what would be his own feelings if bis own bed had been violated, and he could very well conceive to himself how he would act if he had dig- covered the author of that violation, His profession, too, was fuch as should bave imparted some gravity to his character. There are some occupations which do not in- terfere with the frivolity of human sature ; but if there is any profession 1n this world short ct the’ pulpit which can and ought to sanctify, if 1 may go speak, the human mind, and communicate a eravity to it which is uot ite natural vestment, it is the profission to which I beloug—it on to which Mr. Key be- longed. eas of our proiession is to study out the rights of other men, and to have them observed. The fiist of all the duties which are cast upon us, and the last of all that ‘we can be excused from, is the performance of the studying out of the social and the personal relations of man to man; and the duties that atiach fo those relationa is the first office and the buainees of our profession, and therefore a law er, above all others, before every tribunal, whether it e crected in the arch of heaven or upon the face of the earth, is entitled to the least charitable consideration. What, too, was his position? He was the prosecuting officer of this Dietrict. He was selected to conserve the cause of public moraiity and public decency. It was his Dusines# to see that your homes were protected against reducers, adulterers, and every other species of criminal; between husband and wife and parent and child, nature | nd yet he wrapped himself ip the garb of hypocrisy, had crested duties of protection which it was not only not eriminal to discharge, but which we were bound to dis- charge. He had suggested that an invitation toa man’s friend or neighbor to partake of the hospitality of his house implied an understanding that al! lust or unclean- ness in regard to his wife or daughter would be repressed or banished from the bosom, and that to come in the guise of a friend, whileat heart a foe, constituted an abuse of the licenseto enter. He bad also suggested that wheth- er the wife consented away her chastity or not, as be- tween the husband and the adulterer, or ravish- er, the husband’s rights were the same; that, morally epeaking, the wife was the property the husband, and, as against him, possessed no dominion over her person in fayor of another, He had then considered bow the Bible and how the com- amon law regurded adultery. While the Bible made adultery | so high acrime, it was fair to presume that our minds were framed with corresponding perceptions—in other words, that when the Almighty bad portrayed adultery as +o heinous an offence, he invested us with that quality of mind which enables us to look upon it in the same heinous }igbt in which he himseif had exbibited it. As ! wuderstand the jaw of all reasoning, it is this: that the power which creates the duty gives the ability fo understand and appreciate it. Counsel referred to what the old judges had said: that jealousy is the highest rage of man, and adultery the greatest provocation that fan be given to bim. In regard to the criminality of Mr. Bickles’ act, counsel understood the basis of all ncvount- ability to be the possession of that amount of reasoning which enables a man to see the right way, and that smount of will which enables him to pursue it. ‘Tue in tention or will is the principle which gives !'fe to crix It was impoesible to separate thie intention from the eorpus delicti or body of the offence. Although in this care a human being wos slain, nevertheless there was not that will or intention on the part of the slayer that rendered bim amenable to criminal jus- tice: It was no matter how the unsounduees of mind wes produced, provided it was produced. Mr. Sickles ‘was nota party to the origin of the provocation which ‘feted upon him. He etood entirely clear ot the conduct of the adulterer, He had never connived at it, and the first intimation he got of it was the ruling motive which induced nim to commit the act for which he was now arraigned. Counsel had shown that wherever mental soundness was vet, the question for the jury was whether the cause which Produced menta! unsoundness was safficieut to prodace it. This question bad already been before the learned Judge on the bench. He roferred to Judge Crawford's directions {o the jury in the case of the United States against John Day. There the defendant was charged with slaying his Wife. The defence eet up was insanity, the cause being the mortification of the prisoner at a child being born to him within three months after his marriage. The Judge Tuled that if, from the evidence, the jury found the fact ‘ato the birth of the child, and as to the fact of the Priconer’s sense of injury increasing in inteusity till hin tind became diseated thereby; and if, in such pa- Toxyem# of causeless rage, his power of distinguishing was destroyed.or superseded, and he committed the act With which ke sboold be charged, he was not guilty of marder—vu other words, if shame acted upon him to that exten: as 10 render bis mind diseased, he was not guilty of muréir, Shame was only on» of the emotions crowd ing Mr. #ickles’ mind; that wes the law which the de iczcx intended to enforce on this jury, Counsel also re- ferred totbie Honor’s ruling on the wecond trial of Day When the Judge had subinitted the aame propositions to the jory, “the jury would perceive that the shane of | havivg a child born toa man under each circumstances sould not compare with the mortificatica and shameo faving a man’s wife deflowered.” The Jac Produced, the prisoner was not responsible xor his act. The counsel alzo referred to the Jadgo’s decisi.n in the case of Jarboe, who was charged with murdor in slaying od Judge there said that the statement of facts meade & case of murder, but the state of the prisoner's mind at the time was a matter for the consideration of the jury, Un- der that inetroction the jury hetd that the brother was ex- cased. Counsel atked ifa brother, who voluntarily as fumes to redress the wrong of his sinter, stands ox- oused by the verdict of @ jury from the gon- sequences of his act bec moeb for bim to bear, on what principie could a difsrence te indulged or a distinction drawn in the case of a hus, band intercoding to avenge tho outrage on bis marriage relations? The question for the jury was, how far, in the | Nssion of Lie act, the mind of the der at coin. | with the teste? You, said the counsel, cin ene wor m ag Men; YOU Cun Auswer it as husbands Oe Maia, We steteo books bere to toll you wits what affections the human mind is ensowed; toat (e a imeed noon jn the verdict rond Or Own Pionae feclings as itcxa pesred. pon iy in, efter any enlightenment which Peniene be able to thOw vpom it, It of | )ge there ruled | if, from suy predigposing causo, such a piste of mind was | she reducer of hie sister, IBfuriated by the conduct of the | sedueer, this brother slew him upon the spot. The lo.wrn- | for you | fo say what must have bat the frenzy of ‘Mr. Sicklor a | cami into this court and hunted down, with an almost un: paratieled success, the mere worms that crawl upon tao face of the earth, while the fall grown man of crime, such as he himself was, was permit ted W stalk through your commanity, not only not punished, but not even admonished for it. Now, this is the character of this adulterer. Is there word here that is not strictly trae? Who was the woman with whom be committed this adultery? Young enough to be his daughter. What her disposition may be I know net; but reasoning from her years, and from our know: Jedge of the mental structure of woman, it is not too much to suppose that all the frivolity that surrounds a woman at that age environed her; that ‘she was eusceptible to flat- tery; that she was susceptible to the atventions of men, and looked upon them as #0 mavy offerings cast upon the | shrine of her beauty. At her period of life the marriage vow had not impreteed itself with all its gravity upon ber mind; she did not experience fally the meaning of the terms by which she had surrendered herself, body and soul, to the ownerehip and control of ber husband. If there ever was acase in which a man was tempted by a wo- wan, he should have imitated the example of Joseph, wbo left bis garment in the hands of Potiphar’s wifo. This War 2 cate above all others in which a man, ere he fell onder the dominion of his Inst, should haye left bebind bim some proof which by the mendacity of the woman might be tortured into evidence of his guilt. Who was the husband in this case? He isa man not quite of the same age with Mr. Key; he was accredited to your city as a member of the councils of the nation; be came from the great commercial metropolis of our continent, that city Upon which every part of this Union looks with pride, and Which, however objectionable some of its features may ba, nevertheless, every American heart will concede is the firet city of our Union; he was bere in the sphere of duty; and by way of showing Mr. Key and you the confidence he placed in the protection which was guaranteed to nim by the laws of your District in bringing within tts preciacta his wife and his child, he threw them and bimself upon you and the taws of this Dictrict for protection. what were the relations of Mr. Key to Me. Sickles shail show you what thore relations were. So far as Mr. Sickles” was concerned they were those of sincere friendship. So far as Mr. Key was con- cerned they were those of professed or avowed friendship. It has becn said by the ’salmis “for it was an eneoy that reproached mg? then could T have borne it; neither a8 jt be that bated me that did magnify him: aguinst me; then I would have hid myself from him; bat it was thou—s man mite equal, my guide and my acquaintanc»; we took sweet counsel together, and walked into the boure of God in company.” The wrong of a stranger may be bore with patience, but the perfidy of a friend of itself becomes intolerable, We will show you, gentlemen, on the part of this defence, that Mr. Sickles had intercede’ to have Mr. Key appointed to the very position which his pri- vate life bas disgraced; that all the inflaense which be couid wield to gecure to him the elevated position of pro- secutor at the bar of this court was thrown into the scale, for the purpose of enabling him tw attain that object of bis ambition, We will show you tbat Mr. Sickles had gent bim private clients; and will show you that on one occa- sion when “ir. Sickles bad occasion himeelf, in conse- quence of a dilierence relating to the hiring of his house, professional services, he soured those of this . #8 bis counsel in opposition to the valua- ble services of the learned senior counsel for this progecution. So that there were ot only friend but profersional relations between them, whic sinks any man to the lowest depths of baseness who would think of compromising his acquaintances under such circumstances. Mr. Key pretended that he was io bad heaith—I say pretended, because, althongh he had not strength enough tw encounter the sphere of dat; which awaited him here, nevertheless he had stren; enough to carry out his designs in reference to the wife of his neighbor. “Had he expended in this Court tho same physical exertion which be expended in the prosecution of his adultery, he would have ‘Deen physically, as he was mentally, adequate to the discharge of every duty which devolved upon him. But while he had not strength enough to meet the exigencies of his dnty here, he had that strength which was necessary t sustain bis powers of virility elsewhere. He became a visiter at tue houve of Mr. Sickles, Tbe acquaintance dates «0 far back, I believe, ag six years since. Mr. Sickles isa man in public life; he is compelled to trust to the purity of his wife; be is compelied often and for considerable intervals to be away from his family mansion, and to leave his wife to the guardianship and protection of her own chas lily. Mr. hey goes ander the appearance of a friead, and he exbivits those attentions which gallantry is ordinarily posed to prompt, bot which in his case was the foun dation on which the adulterer sought to rear his destruc- him; be (Key) stands upon his honor as @ mao; he denies the truth of the impeachment; he dengunds the eu'bor, and from one to another he sends and pasees notes; and when be ix unable to discoves the author of what be representa to be a calumny, he then addreeses Mr. Sickie, aponking of it ridiculous and disgusting ,and yet within a few days after this very note which be sent to Mr. Sickles, in which he sought to re- store Mr. Sickles’ confidence, we will be able to show you that if the intimacy dia not exist atthe time of the note, at ail events it occurred within a few days after. Now, gentlemen, gee the conning of this Mr tee feels bow base he is, When he is chargod with treacer- ous designs towards Mr. Bicklos, he pays, “Iv ia tho | bighest affront which can be offered to me, and who- ever aseerts it must meet me on the field’ of honor, at the very point of the pistol.”” He cuts off all commu. nic ition On the part of the world to Mr. Sickles: and that was the reason why, ‘or a period of nearly one the provocation was too | yosr, although he was, no ‘oubt, almost daily in the practice of bis treachery on his friend, until the develope feonts came upon him, agt ehall presently etate, ¥6 Sicklee never harbored a thought of suspicion against him, We Wilsbow you that from that time until the ‘ith of Febuary, 1869, the relations of Mr. Sickles and Mr. Key stoo.' pertectly friendly, and that Mr. Sickio# tnanifeeted the Usnal confidence inbim. On the 10th of Febroary, two weeks before his death, Mr. Key i one o ® dinner party at Mr. Sickles’ hovee; and whe docs he take there but his own sister: he taker Dis sister to the house f hia pros: erin that can be ay olied to the who deceives ber husband—he actnally eecompa- nis own sister and her dusband to the house fa wo the time he escountered Mr; Key, under the circum. ' man with whom he was cultivating and prosecuting’ those tive power. We will show you that, as early ag the ‘26th of March, 1868, it was reported that this Mr, | Key wat ¢ihouoring him; Mr. Sickles sends for | | would calmly day pry 3s bi e. ¢ ig not there. After dinner rome friends to Willard’s Hotel, there atter ber; when ir. Key sitting by her. As soon ag Mr, Key sees him he abruptiy leaves the wife. There was nothiog but his own ipternal sense of basenes® which could have prompted bim thue to eeparate himself from wife 5 Mr. Sickles returning home, on i day, opens ap snonymous Jeli, which the discarer «pd which will fore you, The substance of and Mre, Sickles were in the habit in Fifteenth street, between Key bad hired the house tbat. had just as Sickles’ wife as Mr. the ature of Mr. Sick to trust to eny anonymous letter, if formed as ther » ordipas tly formed—he is @ man of noble charac- ter, and would treat it with contempt. But there is a degree of cireumstantiality about this letter—it eaters #0 much into detai—for it tells where the house is, and gives such ap wkling of faith, that it satiefes bim there js rometbing requiring investigation, and be becomes Sutisfied of aii but the identity of the persons visiting the houee, It tuyvs out that there is a house where this is described as being; that Mr. Key hired that house, and that be was in the habit of going there with, but oftener to meet a female who went in before or after him, The only question left for Mr. Sickles to solve was whe- ther this female was his wife. Now, gentlemen, beboid ogain the conning of Mr. Key in selecting a house; it was necessary for him to get one in a secluded piace, or at all events one in @ eection of your city in which witnesses could not rise up sgaingt him, and which was satiolentiy near to Mr. Sickies’ house to enable him to comply wi his lusts as oiten as he desired: hence he goes down to a art of your city which is chiefly populated by blacks. Bnt for the dieability beyond the possibility under which the law has rendered that kind of testimony, the infam of Mr. Key wouid be run before you in » stream whicl would disgust and sicken you; there is evidence enough, however, to get over this disability, and to counect bia unmistakably with the author of all this ruin and disgrace; on the first day after Mr. Sickles commissions Mr. Wool- dridge to inquire into the identity of the woman who ac- companied Mr. ey to house in question, Mr. Wooldridge goes to the neighborhood in Filteepth street, and arranges with the persons in the house opposite to give him a room on the next day. While there on Friday he understood that ‘the woman bad last been seen at the house ou Thursday. He informed Mr, Sickles of this, and on the following Sa- vurday went ai tobed the house for five or six hours, Dut not discov: anything went to his boarding house, apd while there learned that Mr. McCloskey had been to the houge with a note for him. While ho is there at bis boarding house Mr. McCloskey returns and delivers the note. In that nete, Mr. Sickles still unwilling to believe in the guilt of his wife, writes to him to be excoodingly ten- der(ip{tbe prosecution of his inquiries, for he has reason to believe that bis wife is innocent. As soon as Mr. Wool- dridge gets this note be goes to the Capitol and sees Mr. Sickles, and was under the necessity of disabusing the mini’ of Mr. Sickles and of destroying the hopes which Mr. Sickles indulged of his wife's fidelity, Ho teils Mr. Sickles that while opposite this house on Saturcay he had learned that it was on Wednesday that the woman had been there last with Mr. Key, and noton Thursday. Of course Mr. Sickles having, by in- quiry, satisfied bimeelf that his wife was not at this house on Thursday,.when the time of her visit came to bo fixed to the true day all his confidence in the maiter wag entirely taken from bim, and he became convinced that the woman thous seen was his wife. Mr. Wooldridge described to him the articles of dress which the woman who accompanied Mr. Key wore on the occasion of her lust visit. Mr. Sickles at once recognized the apparel of his wi Conviction more and more fastens itseif upon hi He returns home; he puts her guilt to his wife in such a way as she thosght she bad been exposed, and under the supposi- tion of the discovery of her guilt, she acknowledges her dishonor, and gives him a@ written confession. Mr. Wooibridge baving bad « note sent to bim that night, from Mr. Sickles, which, as he was not home till midnight, he could not attend to until the next morning, calied the next dey between ten and eleven o'clock; finds Mr. Sickles a perfectly frenzied man, and is shown by him his wile’s confession, The counsel described Mr. Sickles’ agony of grief consequent on the discovery: the sending for Mr, Butterworth to take bis wife to her parents in New York; the overwhelming anguish experienced by Mr. Sick- les in’ being obliged to proclaim his shame to his friends; Mr. Butterworth’s leaving the house; Mr. Sickies’ servant man descrying the aduiterer passing the house, and as was bis habit when passing in that neighborhood, waving aud whirling his handkerchief; the servants exclaiming, “There goes Mr. Key,” and Mr. Wooldridge looking out and finding that it was go. Now, the counsel continued, you will percelve that Mr. Key was porfectly desperate this Sunday. He had not seen Mrs. Sickles since Thurs- day. He bad not been able to ge ay communication or signals to ber or from ber. He bad hired his house for nothing. Days bad gone by, and he had not violated the casket of his friend’s affection and love. Like all iiber- tines, be was eager for the fray of his passions. He ‘was carried Seadlong; he was shamelessly, “in the soft gush of a Sabbath sunlight,” watching the castie of his neighbor. You can account for the conduct of Mr. Key in no other way. Mr. Butterworth, after a time, leaves the house; he returns to the house remark is made by Mr. Wooldridge, “Why, Key has been seen to pars the house.”? You did not tell Mr. Sickles that; no, Mr. Wooldridge and Mr. Butterworth were re- soived to conceai from Mr. Sickles, if they could, that this Iman was prow!ing outside the house with dishonorable intentions towards him; so after a while Mr. Sickles comes down stars; he is then in a perfect state of frenzy. Mr. Key had been seen to pass the house on the opposite side in company with a lady and gentleman, and to wave his handkerchief, under pretence of waving it at a bttle dog, which waving was the signal for these agsignations. Mr. Sickles now knew that his wife had been dishonored by Key; he saw this man in the neigh- borhood of his house waving this disreputable signal; he rushes down ina perfect frenzy. So close and compact was the occurrence that the inmates of the house did not know till they heard that Key had been shot that Mr. Sickles was outside of the house; Mr. Wooldridge saw Butterworth go out of the house alone, and while he was arranging a stereorcope on the window sill of the library, he saw persons running, and some who came in the direc: tion of the house informed him of the occurrence. Now, take the miud of Mr. Sickles. The might before his wife bad acknowledged her guilt; he had passed the night without sleep—be had sighed aud sobbed it away; Aw his friends came in the following day he was compel. led to unbosom to them the story of his wife’s dishonor, and, to crown ail, he saw the adulterer with his flag float: ing, as it were, under his eyes, for the purpose of Be- ducing his wife from the mansion which ought to have rotected her. Itis for you, then, to say, gentlemen, rom these facts, as we shall place them ‘before you, what must have been the condition of Mr. Sickles’ min at the time he wept to jhe scene which regulted in tho death of Mr. Key. One or two other facts, and I have done, Why was Mr. Key constantly in the vicinity of Mr. Sickles’ house? He lived far away from that house; be was in the habit of riding by it on horso- back; be was in the habit of showing himself off to the greatest advantage, practising all those blandishmeuts which adulterers cultivate for the purpose .of reach- jug the target which they hgve set before them. How did Mr. Key bave his agsignations? He took advantage of your parlors; if he encountered Mrs, ickles in the Presivent’s mansion, be made an ass tion with her there; if he encountered her in the mansion of some Senator, he made an assignation with her there; he tainted with his own foul ap- potment the "atmosphere which your wives and daughters were compelled to breathe. Here behold ancther strong indication of bis character. Wherever he met her the whole object of his acquaint ance was the gratification of his lust; he followed her wherever she went; she could scarcely go more than a few bandred feet from her houre before he was by her side; if she was walking he was a foot; if she was riding the carriage was stopped and he got in, aud he would ride with her two or three hours, the directions being that the carriage be drawn through back streets. He became the subject of kitchen comment; he was ‘called by the ser- vanta “Disgrace,” that was the name given hit by the kitchen department of Mr. Sickles’ houge, The District Attorney of the Lenny 4 of Washington had becod® a by word, « reprouch, in the kitchen of one of the houses of the district; a8 Foon as he was seen coming near Mrs. Sickles the remark was, ‘Here comes Disgrace to seo Disgast.’? Even the servants felt the pressure of his infamous atten- ors to Mr. Sicklos’ wife. Counsel related the evidence that the defence wou'd be able to give in reference to the visith of Mr. Key and Mrs. Sickies to the house in Fifteenth street, and eaid that Mr. Key was seen with Mrs. Sicklos and his dwughter on Pennsylvania avenue the Taursday before his death, and that he was then reading a letter, which letter was similar to the one that had been sent to Mr. Sickles, apprising him of the danger in which he #toorl on account of the discovery of his relations with Mre. Sickles. The defence would ‘show by one or two servants of the house that Mr. Key and Mrs. Sickles were heard in their adulterous intercourse in the library, and that on one occasion Mr. Key was known to be in the house as late as four o'clock in the morning, while Mr. Sickles was absent in New York. The defence would alto show that Mr. Koy, like all men who go on in this way, was in the babil of carrying Weapons. And now, continued the couneel, an effort has been made in this cage on the partof the prosecution totarn. Mr. Sickles over to the Executive clemency; it hag been in effect said to you, “render your verdict and Mr. Sickles cay appeal to the interposition of Executive clemency.” I Ask you not to divest yourself of your rights as jurors in this case. You never occupied a position which was sur- rounded with the honor which envirgn your prement po- sition. You were never called tipon to declare'eo solema and important a verdict a8 is expected of you in the deck- sion of the istue here presented to you. “The same feel. inge that could prompt the Executive to reverse or anpul your verdict are the feelings which should warn you Against and turn you from ite rendition. If the Executive should interfere at all, it could only be on the ground that Mr. Sicklos, at the time of the commission of thie ast, was an instrument in the bands of his God for the purpoee of Cxecnting ina summary way the juiament of Ris Maker. h you are to pasa here: ‘That is the very question on whict was oF was not Mr. Sickles an involuntary instr in the hands of ome controlling and’ directing ment power for patting un effective termination to the adall career of Mr. Key? When this question greens question bas becn presented to other juries, they have not sought to evade the responsibility, “ Counsel referred in this connection to the following cuses:—The woman tried in Essex for murdering Mr. Errington, vol. xxix. State Trials, page 18 to 26; the case of Wood, tried in Phila delphia, for the murder of bis daughver because she bad married a libertine; the case of Singloton Mereees che Myers case in Virginia; Amelia Norman's cae. tried in New York: and.Jarboo's case, tried in this ourt, Coun. nel jed—Thus you have your own immediate citi- zene and the citizens of other States, where justice ‘@ not Fold, and where justice cannot be bonght, pasting tho <isebarge of their onthe on the rrincipies. on which, ia one aspect of it, we pillar this defence, Will you re- Lounee Your allegiance to theee principles? Will you re- Sure to yield yourselves to them? Or will you rather fol- low the wake of theae precedents, to rendor which will eccord with perfect juetice, and which wll tine, bo coneonart with the nature of the ofance?. What im the effect of n doctrine that a pecumtary compen- tion je the only mode of smoothing the bleeding wounds of a husband? It opens your city as a brothel. It tells every man ‘be will 7 Safe hey ta sage ea is seduction, tv Cau cuter any Louse he and aE jurics say What an adulterer and a seducer oe the erauieation of bis lusts in them? ti very moment that you act on that privciple you resolve every houge in your district into a house of pros- titution, and you tell those who are hardy enough to think of enteriog them that all they have gut to av is to count the pecuniary cost, aid that if they are ready to foot the bill to be presented in the verdict of an Ameri can jury, they ebali stand cleared of ail human and di. vine accountability. Io God's name repndiate that principle from yeur bosom! It is your inestimable 5 privilege to sit in a chy unger’ the immediate pretection of e fire which burns on that great altar at which all the other torches of our government are lighted; you are here at the weat of our federal government; you are overshadowed by the balo of the pame of Washington; let the recollection of that name inspire you with fitting and becoming thoughts; be reluctant and ‘loth to incorporate in your veraict a principie, which, if it be the principie on which you act, will bave @ more demoralizing effect than any otver pria- eee could be sustained or acted upon by an intelli- gent jury. Counsel resumed his seat amid suppressed indications of applavee, and was complimented by many of those who were within reach of him. The Court took a recess for a few minutes, After the recess, Mr. Brady raid—We want you to ad- mit the bandwriting of Mr. Key to some papers. Mr, Ould and Mr. Carlisle having examined them, ad- mitted the handwriting. Mr. Brady remarked’ that the first ie dirccted by Mr. Key to Mr. Sickles, and dated March 26, 1858, and en- dorses six letter—oue of them written by Mr, Key, and the others written by different persons to him. Mr, Vuid—We object to them, Mr. Brady—On what grounds? ‘rr iad Mr. Ould—The first letter purports to be from Mr. Key to Mr. Sickles, enclosing certain other communicatious addressed to various partiee—one to Mr. Wooldridge aud his reply, one to Marshall J, Bacon and his reply, one from Mr. Key to Mr. Beekman and his reply, all in the handwriting of Mr. Key, and all, except the’ first, pur- porting to be Engg of other let ‘The date of nearly all of them is ‘26th of » 1858, first letter from Mr. Key w Mr. Sickles —“Send by youah D. Hoover the correspondence had to-day, etc.”—alluding to Certain matters, portions of which have been detailed to- day in the expected evidence of the defence. The objec- tion is that this correspondence at present seem#to be in bo Manner connected with the issue the Court and jury are now trying; besides the note from Mr. Key to Mr. Sickles is dated'a year ago, and as it must relate to trans. actions before the jury, it must be exciuded, in point of time, from the res gestue. Another objection is that it shows no relation, direct or indirect, to the matter befor the jury. I should like to know on what peculiar grounds Unie col reepondence 18 to be offered ua evidence y ope Mr. Braoy—I will state it, The learned District Atior ney, in opening the case, told the jury that the govern ment speaking through him could ascribe the act of Mr. Sickles in killing Mr. Key to no other impulse than re- morseless revenge. He painted Mr. Sickles ag an assassin, There is no proof before the jury that Mr. Key and Mr. Sickles met each other before the time of that fatal occur- rence, The jury bave nothing on their minds as to their former personal relation. The cause of their meeting, and the relations and circumstancer, are left to ench inferences ag the jury must necessarily draw from them in the abeence of this testimony. We do not Propose offering the testimony to prove the adulterous act oa the part of Mr. Key, but to show the friendly relations be- tween the deceased and the accused. His’ honor gaid, in the cage of Jarboe, the declarations of the denfendaut in his own favor are admissable in murder, and only in mur- der; but must be declarations of kind fedlings, te acts of a friendly character, or such like, towards the deceased, Prior to the commission of the crime with which he is charged; and understand this correspondence between the two gentlemen is of euch character as to show that their relauons were of & frieudly character, and that Mr. Key treated Mr. Sicklos as his equal and friend at that day. . the face of the s from Mr, Sickles to Mr. Key; no expression of er a kindly or a horti'e feeling. There was only a note of Mr. Sickles, in which their relations are not sub- stantially toucbed on atall, There was nothing to show that their friendship continued through the year provious to the killing. Mr, Bracy replied, claiming the admission of this testi- mony on the game ground as was decided in the Jurbol cage, The queetion was is such evidence competent? and this being admitted, its value was to be determined by the Jjary when the prosecution charged Mr. Sickles with delibe- Tate astaseination on Mr. Key in broad daylight, the law gives us the right to prove that Mr. Sickles is not an assassin, und that bis hands are not polluted by bicod. Did not the District Attorney say that Mr. Key’s letter to Mr. Sickles does not coptain an expression of good will? The but the letter commences lly and truly yours,” If we show friendly relations im 188, the law woald pre- sume continuous relations of friendsnip until something interrupted them. We claim the lettdrs are adimissabio on another pomt, namely, as showing by Mr. Key’s own admission he bad most intimate relations with Mr. and Mrs. Sickles, and that they believed bis intimacy of an innocent and honorable character; and we claim they are admiseable as fshowing the origin of the peculiar rela- tions between Mr. Mrs. Sickles. Mr, Cablisle said this was a cage in which the doors should be thrown open to what was not evidence, but they should confine themeelves to the mode of proof which the law assigns in this case—they should go no farther than public justice requires. Your honor wouid pereeive the actual use which it was proposed to make of this testimony—you bave heard in wht man- ner this correspondence is to be connected with this unbappy catastrophe in the way of biackenin; the character of the deceased. On that ground it could not be received. The eloquent address of the learned geutlemen for the defence warrants us in believing it was offered for that purpoee. It is offered first to bear on the Guestion whether this act of homicide was an assassi- vation. ly learned colleague, ae he did not ure the word, painted it a8 one of assassination, ond for the purpose of showing it was not an as’ ion my learned re offer to show was continuous friendship between the and deceazed by the production of letters written Boveu monibs prior}to the coilision—not written by the deceased to the prisoner, but by certain other parties, and enclosed in a note written by deceased, An assassination ig no leas an assagsination because the deep motive or pas- sion which led to it—whether it be gold, or ambition, or vengeaucc—for-a great or an inconsiderable wrong; it is still an aseassination, and no power of human eloquence can paint it in any other colors. Mr. Brady—These letters go to prove the fact of Mr. Key’s friendly relations. Mr, Carlisie—I was coming to that. Mr. Brady turtber explained the object of offering these letters, insisting there was a state of facts which prevents Mr. Sickles from being convicted of any crime. Mr. Carlisle, resuming, said that when he used the word arsassination he quoted from his lesrned opponent. He (Mr. Carlisie) asserted that the evidence did not tend, if admizsible, to show that the case was not one of assassi- vation; and eecondly, if this kind of evidence of previous friendly relations were admitted to show it was not an agsazsibation, certainly evidence reaching back nearly a year before the traneaction was not evidence; that it tends to shed no ray of light which any reasonadie mind can peeve on the question, He further repligd to Mr. Brady. MP Phillipe eaid the relations the parties“bear to each other ia pertinent to the issue, because igsue is not toe killing of the deceaged, but bia murdér, in which is im- Ret that matice by which the law desiguates the offeace. @ presumption Tay be coptradicted, and one of the modes by which it may be done is toascertain the relation which the parties bore to each other. This may be de monetrated by acts of friendship or correspondence. In the present case we propose to demonstrate it by the lat- ter mode. The only question for the Court is the compe- tency of such testimony, which may be aa dust in the balance, but ite effect and weight for se ier as to point ip there of time, we may trace back acts of frien ‘and intima. cy, and run back to the days of boyhood, proving such relations from infancy to the present time. @ length of time, instead of ning, strengthens the argument that he was not killed by mal We are culled on to give the order of time, This is but one link of the chain of cir- cumstances to show the friendship which existed between the parties prior to the date of the tragedy, and which cov! nued down to within a few days of the commission of e act, The Court said the object of the defence was to show the relations of the parties to each other. The law un- coubiedly is that when a man js on trial for murder, pre: vious expressions of good will and acts of kindness w- ward the deceased may be proved. On this ground the Court understood these letters to be offered. e one he had read was simply courteous, and had no bearing on the iseue. The lewers are not lence. Mr. Brady took an exce to this ruling, and then td arnling which exciuded Mr. Key’s letver, apart from the | enclosures. ‘The roliowing are the letters: — MR. KEY TO MR. SICKLES. Wasuinatox, March 26, 1853, Hon. ficKies:— My Dear 8in—I send by Jonah Hoover cone cin corren. popdenco had to day, and you wiil perceive my effort to fix the ridionlous and élsgusting slander on me of the parties con- ectfully and trul: base ee PHILIY BABFON REY, ‘The following sre the copies of the letters referred to:— MR. KKY TO MR. WOOLRRIDGK. Wasninctox, March 26, 1858, Gro. B, Woo.pripar, Lvl ere— Will you Reems aig in writing what commuaication you made tothe Hon, Daniel K Bickles concerniog me, and Alo give me your authorliy for making such communication My object ie to ne iain the source base calumny, Most 4 ly your obediet 5 ‘senciicniany PHIL. BARTON KEY. ME. BACON TO MR. P. Banton Key, Raq — ‘iy pean Sin—Yonr note has just heen handed me by Mr. Boner, with scopy of a note from Mr, Woodridge. In reply Thave to tate that, in the malo, bie statement is corres though some points go beyond what I said, as I told Mr, W: An tow repeat wo Jou Mr. Heckman was my author. I sta'ed at tbe ime to Mr. Mifeerlanl Tord how repeat fas Lad 1 there was any trath in ent on no elie eeaiion to'give my ressone for euch Glebelie?, Sad in the conversation to ive nye T BACON. that J deemed it a WOOLDRIDGE TO MR. KEY. J. Bacon informed me on Tugeday after: that Mr, Beekman said that Mrs, Biokloe had on horseback three different times with Barton Key during Mr. Stickles last arsenes to the city of New York, and that they stopped at a house on the road towards that Mra. Sickles bad. a room here and rematoe! if; also tbatshe took off her babit, and that be bad there was aa inthnacy between Mr. Key and ira lee. There waa much more of the same bind of conversation; and Mr Bacon wld me also in a manner that assnred me It ‘was so, thot Mr. Key b asked thirty six hours with any woman a ‘Maron 26, 1958, MR. KEY TO MIR. BACON. Wasiixoton, March 26, 1858, Mananan J. Bacon, ) Boe Herewib I ld Yea copy of # note from G, B. Wool- nd & be bed po doubt 3 £ E 5 S Bro,, which you will be pleseed to read and anewer 1+ : the statement s¢ contaioad in Mr a Seer tec epee t te ; PD Hoover, Req. and. sou will plesse anawer i tmimeiiate: iy. Respectfully: your obedient serva KEY TO MR. BEEK An. i ‘Wasninaton, March 26, 1853, Mx. Brexman:- ‘Bin—I send berewith a copy of a note addrasand to me form from Marshel Base in writing ifcha bie tor tbe wile hinged you by uy lease give nim au immediat+ t servant, PHIL, BARTON K&Y. MR. Bin—T have received Say pene eee reply to your columncien contained to Mr. Wreldrligera et San erein es Berend ales AD ‘Twas their author. Very respecifuliy, yours, &e. Mr, Hoover, bor of the foil io Mr. Weoldrkiee’ ey the ‘thels eins watement, T avy thet youre of to Mr Wooldridge «1 and pronounce ave’ {he stateinent or Mr. Bacon takt rae spake 8. B. BEBEMAN. ene lett e al in Mr. Key’s band: — smal), scratchy and cramped bee ray * per, stamped at the top with his crest aod initials. “too crest is the head of a dragon, or some other monster in heraldic lore, holding m its beak a key. TESTIMONY FOR DEFENCE. EVIDENCE OF WILLIAM BADGER. William Badger was the firet witness called for the de- fence. Examined by Mr. Brady. Resides in Philadelphia; is Navy Agent of the United States at the Navy Yard there; has been in that situation for two yeara; knew the deceasod very well, and kuew Mr. Sickles equally as well; have known Mr. Sickles since his return from the Court of St. James, as Secretary of Legation, Q.—Do you know what the relations between Key and Sickles were in regard to friendship or association? Witness —Their relations were, as far as my knowledge extended, of the most intimate character, Q—Did you know the wife of Mr. Sickles? ‘Witncss.—I knew her very well indeed. Q.—Were you at adinner party given by Mr. S'ckies oo the 10th of February last, shortly before the decease of Mr. Key? ‘Witnese—I was. Q.—AtMr, Sickles’ private residence in Sixteenth street? Witnese— Yes. Q—Was Mr. Key at that dinner party? Witness—He was. Q—The gnest of Mr. Sickles? Witneee—Yes. Q—Was Mrs. Sickles at the table? Wituese—Mrs. Sickles was at the table, and Mr. Sickles also, Q bat other persons were there as guests? Mr. Carlisle thought this not material. Mr. Brady wanted to show that Mr. and Mrs. Pendleton, merabere of Mr. Key’s fami'y, were at that dinner pariy and on friendly relations with Mr. Sickies’ family, Mr. Carlisle beld that that was extending the matter beyond its proper limits, and argued against the aamie sibility of the evicence. The names of those who had already suffered too much in this meter should not be unnecessarily brought ioto this inquiry. Mr. Brady argued as to its admissibility, on the ground that evidence of acts of friendship between the parties might be offered, and quoted Judge Crawford’s ruling io the case of Jarboe, He disclaimed all intention of har rowing unnecessarily the minds of the family of Mr. Key. None could sympathise with them more than he; bui where @ mau is on trial for his life, his couse! would not be true to their duties if they failed to offer such evidence is admissible Ale offered this evidence with a view, a!g0, to the effect which this lately remembered act of friendship mus: have had on Mr. Sickles’ mind when he learned of ur. Key’a perfidy. He must bave thought, as Juius Css: thought as he feli at the foot of Pompeys statue, exclaim ing, as the blood dropped from the point of his friend’s poignard, “Et tu Brute!” ‘the Judge—It is propoged to prove that members of Mr. Key’s household were guests of Mr. Sickles a. the dinner party, at which Mr. Key was present, on the 10th of Februry, ‘with a view to prove the tntimate social relations that existed between the parties. fue rule, 68 I have always understood it, aud as 1 understand it now, is that expressions of goo: will and acts of ‘kindness be confined to the parfies immediately concerned. Mr. Key’s being there is evidence to the Jar of an act of kinduess on the part of Mr. Sickles towards him; butI do not gee, ani cannot perceive, how the presence of his sister or his sis ter’s husband there can go to prove the same thing. It appears to me that the evidence should uot bo re ceived. Mr. Brady—Did you remain there until the company left the table, and did Mr. Key also remain? ‘Witness—Yes. Q.—About what time did the company separate? pn rinest—Approximating to eleven o'clock, I should in| PR a Court—This was on the 10th of February, I ink. Q. Did Mr, Key leave before you aid? Witners—Do not think he left before I did; he left about the same time; do not think I saw him again that even- ing; the last time I saw Mr. Key was when he was a guest of mine at a hop at Brown’s Hotel, where I stoppod. Q.—When was that? ri ‘Witue#e—The 1ith of February, I think—tho next day after the dinner; Mr. Key was there, and Mr. aud Mra. Sickles, as guests of my daughter. Q.—Did Mr. Key come there with Mr. and Mrs. Sickles? Witueer—No; I think he came a short time before or after them. Not croes-examined. EVIDENCE OF JOHN B. HASKIN. Jobn B, Haskin called; examined by Mr. Brady—Where do you reside? ‘Witness—In Westchester county, New York. Q—Yon are & member of the House of Representatives? Witners—Yes, sir. Q.—How long have you known Mr. Sickles? Witnese—Between fifteen and twenty years. Q Did you know Mr. Key? Witnese—I did; 1 think I was introduced by Mr, Sickles to Key inthe month of March, immediately after the inauguration of President Bachanan, Q.—Did you become well acquainted with Key? ‘Witoese—Quite so. Q—So as to ride out with him? Witnere— Yes. Q.—You know Mrs, Sickles? Witness—I do. Q —How long baye you known her? Witness—About twelve years, Q—Did you visit frequentiy at the house of Mr. Sicklea? Witneae—I did frequently during the session provious to the last; my lady visited there, also, when sho was in Washington. Q.—Did you meet Mr. Key there? Witnesr—I did. Q—Was he frequently there? Witness—He was. Q.—When did you last sec Mr. Key? Witnese—I jast saw him at the Opera, when Piccolomini performed; J think in the month of February last. Q —flow long before his decease? Witnese—Two or three weeks. Q.-— Was he alone? Witnese—I think he was, . Q—Do you remember having any conversation with him that evqping? Witness—Pao not. Q—Do you recollect a whist party at which Mr, Key was? Witnese—T do. Q.—At whose house was it? Witnese—At Marebal Hoover's; this was shortly attor the inauguiation of President Buchanan; Mr. Key and Mr. Sickies were there; it was a party of gentlemen exolu- sivel; the gentlemen were ‘acquainted with each other —Was there any remark made by Mr. Sickles to Mr. ey at that time about Mr. Key’s office? itneee—Sickles on that occasion mentioned and urged his reappointment to the office which he held at the time of bis death, apd said that he believed the President would reappoint bim. Q.—What did Mr. Key say to that? Witnese—Mr. Key thanked him for his intercession, and hoped he would persist in urging bis claims for a reap. pointment. Q.—How would you characterizo the relations betweon Mr. Key and Mr. Sickles, as to degree of intimacy? ‘Witness—Very much like the degree of intimacy exist. ing between myseli and Mr. Sickles; that of the closeat and nearest and dearest character. Q.—Had you a conversation at any time with Mr. Koy about a correspondence between him and Mrs. Sickles? Witners—I had. Q.—When was that? Witness—I think the Sunday night following the corres. hae it wag in the month of February or March, Objected to and allowed. } ese—This conversation was one of Mr. Key's seck- ing, and was at my residence on Taird street, in this city, just after « correspondence had taken place between Sick- Jes and Key; it was in relation to a story inquired into by Mr..Sickies; Mesers, Key and Mc&!hone called on me at my reridence; the topic of conversation waa this corres- pondence; it was introduced by Mr. Key, on which occa- tion be stated— The District Attorney objected to the witness stating this. Mr. Brady argued that the evidence was proper. Ho wanted to 5 that this correspondence did not interrnpt the friendly relations of the parties. The prosecution bad kept the defence in ignorance of their course, and be did vot know but that it might be argued that this correspon- denee had interrupted their friendly relavions. He would ut the question, however, in this shape: What did Mr. ey say of Mr. Sickles’ acts of friendship or kindness to- ward bim? {Odjected to, and objection sustained.) Q.—After that conversation did you ever seo Mr. Key and Mr. Sickles together ? Witnees—I think I have. Q —1Do you remember the last occasion ? DP os seer was the night of the Opera, to which Ihave ferred, Q.-—Was Mr. Sickles with him at the Opera that night? Witnese-—No, sir; 1 saw them both there; Mr. Sickios came in Inte, Q.—Was Mrs. Sickles thore? Witnore—She was, Q.—Who was with her? Witners—Miss Badger, end Mr. Hart of New York. Q—Did Mr, Sickies speak to Mr, Key that night? Witnete—I think # recognition passed between them; ~ bid each other the time of day, ir. Chilton—Did you at aoy Ume coinmanicate to Mr, Sickles apy expression of kindocss made by Mr, Key In yogard to him? If eo, state whether Mr. Sickles ntwered ‘any expressions of friendship, and what they were, Odjected to, and question put in this shay Q—Did you communicate to Mr, Sickles the convor. ation ? Witoces —I did, a part of it; not the whole, Q.—Did he make any remark indicative of his disposi. jon towards Mr. K t y? BVIDENCE OF DANIEL DOUGHERTY. Dan’! Dougherty waa then examined by Mr. Beady, making the following replies to questions put to him :—I am a member of the bar of Philadelphia; I have been se since the second of May, 1849; have bad the pleasure of epjoying intimate acquaintance with Mr. Sickles since the time of President Pierce's jnanguration, Q —Were you acquainted with bis wife ? Mor March,"ies7, imaollatly alter the mate ice 6th of March, > Im ter the Y of President Buchanan. Q—Did yon visit at the house of Mr, Sickles? Witness.—I did, both in New Yerk and Washington. Q—Did you know Mr. Key? Witnees—I did; I rst met him in September last year, in New York; for the sbort time I knew bim I besame quite intimate with him; wae ats large dioner party at. . Sickles’ house on the Thursdey before Mr. Key’s de fore cease, Q—After the dinner party was over did Mr. Sickles and Mra Sickles, or either of them. go ou? | Witnese—After we had retired rom the table to the drawing room, and after spending sme time there Mra, T recollect, went to Willard Hotel; I presume it ‘Was about ten o'clock at night; I aisowent t the bop, but. Idid pot go in carriege with her; about an hour — warda my came in done, —Did you : Winer t cr ibaa: t i Q—In whose society? Witnees—I canuot distinctly recollect think he first Im conversation with Mrs, Sickles afterwards saw bina in conversation wi 8. Dow 3 my wife wi nading the room, Bice ee Q.—What part of the evoving was he with Mrs, Sictlos? Witnese—I think it was before blr. Sictles came in; did not ee bim with her after that, atone did you make Mr. Key’s acqu@atance in Yow for Witnese—It was on the occasion of the Cable celebra- tion, on the Ist of September; cannot say vho introdiwed him’to me, as Broadwoy was alive with ; saw Sickles £ down the strect in a carriage; weng@ownto where she was, and not having @ good place there I asted her to accompany me to the Metropolitan Hael, where tho could have # better place, and where Mr. tickles was: there met Mr. Key iu one of the priva‘e patbra, and, mistake not, Mr. Haskin was there too. Q—Did you see Mr, Sickies’ father and nother in thas parlor at the same time ? 1 Wituess—I capnot say whether I saw them n the where Mr. and Mra, Sickles wore, but they were oar! in the building; I think that at tbe time the pravession way passing they were up stairs in another room. Q.—Whai was the last time you saw Mr. Key? Witners—I presume it mutt have been about twelva o'clock on the Saturday before the day of ais death; Iwas, starting from Mr. Hoover’s house to pay my tespects to Mr. and Mrs. Sickles before leaving Wasbiogton; as | wag leaving Mr. Hoover's houxe [ met Me, Key, aud he accom panied me up the avenue; Lthovght he waa coming to Mr, Sickles’ houze, but he turved into the Cinb House very obruptly, aud left me;] then went to Mr. Sickles’ bouge; after remaining there some time I was going dowa the avenue aga'n, when I met and pursed Mr Key; be bat left the Club House and wax passing towards Mr. Sickles Lovge; I parsed bim ip the avenue, nearly in frontof the Jackgcn stawwa, aud bid Bim good bye. — What me of the day was that? Witness— About twelve o'clock, Q—Were you at a receptun at Mra. Sickles’ honse? Witners—On the Tuesday before chat I was at @ recep tion at Mrs, Sickles’ house; I saw Mr, Key there; that wag the 22d of February, To Mr, Carlisie—I think I was ten days in Washington at that (ime; left here that Suturéay and arrived in it that Wedperday ‘week; I had not been in Washington for a year bejore. To Mr. Brady—My wife and Mre. Hoover were with mo at that reception; there were alzo 8 number of ladics and. geptlemen there. Mr. Brady asked Mr. Carlisle whether ho would admit that Mr. Key bad been counsel for Mr. Sickles in a case where Mr. Carlisle was on the other side, Mr. Carlisle admitted that Mr. Key acted as connsel for Mr. Sickles in a matter ip regard to Mr, Jes’ house; it was in September or October, 1858; he had three inter- views witb Mr, Key on that subject, Jobn J. McEtbooe was called. but did pot answer, Peter Cagger was again celiea, but did not answer, and ag it was bow a few minutes of thrce o’viock, the Court, adjourned. Tbe jury were permitted to take ott-¢oor exercise, In the charge of officers, but were admooished not vo hold. conversation with avy one on the subject of the trial, Navat Intelligence. CIRCULAR RELATIVE TO THE PAY OF MARINES. Heapquarters U. 8. M. Cones, Paystastun’s Orrice, April 1, 1859, The act approved AvgnetS, 1864, grants to tho non- commitsioned officers, musicians and privates of the ne corps, the same pay and bounty for re enlistment as are Dow, or may hereufter be, allowed to similar grades in the trfaptry of the army. The period of enlistment in the army beivg five years, and in the marine corps four years. in order to equalize the pay of tae two branches of the service, under the act to ‘snerease the pay of the ravk and fie of the army and to encourage enlistments, approved -Avgutt 4, 18/¢,"’ the forlowing regulations wil be conformed to iu all fucare pay mects of marines:— 1, Marines who are serving on a reenlistment at date or the passage of thr uct approved August 5, 1 pe bse bave Cha ial |, or my hereafter enlist upon a second term subsequently to the passage ‘bat act, will not be paid. the one doar per month eae tioval pay until they shall have served one year upon such tecond term. 2. Marines who were serving ou a firet enlistment at the Cate of the paresge of the act, who have since re enlisted, and hereafter re-enlist, wiil not be entitled to the ad- t month, until they shall have served, period of five years from the date of ro-«1 t—thas one year upon @ second re-eviistment, 8. Marines who hive enlisted into the corps since the Sth August, 154, will be required to serve » period of five yeare (ove yenr On a second eulistment) before they will be entitled to the two dollars per month granted for a ge- copa term, , 4 The bounty to be paid to marinee for re-enlistment under the law, will be three months ordinary pay of the grade, and the pay they were in receipt of at the’ time of discharge, 28 additional pay for length of pervice, to take effect from and after 1st January, 1857. W, W. RUSSELL, Paymaster United States Marine Corps, Approved—A. J. O’BaxNo, Fourth Auditor, and 3, Map= miso Crrrs, Second Con. ptro) Efforts are beivg made i6 ihe right quarter to dispense With sutlers in the mariage corps, a nuivance which bas long been a burthen to this particular branch of the United, States fervice, and the sooner it is abated ine better, But more anon, ‘Tha ton jee bali FLEET CAPTAINS. ¢ following orders have just been issued by the Na Department:— ‘ Ke ©... Stribling to comesand tho Kast Indian equad eve Capt, Josish Tatuail, His flag ship will be the steam sloop Hartfor?. The side wheel steamer Saga. naw and the sloop Jobu Adams have also been ordered to that squadron, The following officers have been ardered to the Jatter vessel:—Commander, Murray Mason; Liente- pants, ©. Van Alstine, RM. Cavior, Jolin P, Hall and Ey FE. Stove; Boatswain, Thomas Smith; Gunner, Moses A. ne; and Acting Carpenter, David Robinson. Oflicers for the Hartford and Sagunaw Bave tot bern ordered, Capt. John B Moatgomery bas been ordered to the command of the Pacific squadron, to relieve Capt. John G, Lovg. The steam sloop Lanosater will be the flag ship, to which the following otfic-rs have been ordered: aa, manoer, Jobo Rudd; Lieutenants, A. S. Baldwin, Honr; Rolando, Wm. G. Temple, Walter W. Queen and Buscroh Gherid\; Chaplain, Chester Newell; Parser, A. G, Watson; Boatswain, James Waiker; Guoner, Geo. ‘Sirian; Caren: ter, Jobo 0. Butler; Saiimaker, Win. Fogitt, To tbe sloopof-war Levant, which 18 aleo attached to that equadron, the following officers have been ordored:— Commander, Wm E Hunt; Lieutenants, MO. Watkins, F. ©. Stout, Sermuc) Magraw and Richard 7, Bowon; Acting Bostswain, Joho Colling; Carpenter, Joho ‘Jarvis, Sailmae ker, Charles I. Frost. io Wyoming and Narragansett, new steam sloopr, have also been ordered tothe game Equasron, but officers have not yot been detailed for m. Captain William Inman has been ordered to the com- mand of the African equadron, to relieve Captain Thomas A. Conover, Fis flag sbip will be tbe steam frigate San Jacinto. The sloop Portemouth has also been attached to that squadron, aud the following officers have been or- dered to vervice on board of her ;—Comi John Cal- hown: Lieutenants, R, B. Riel, H. K. Stevens, H. N. Crabb and Trevett Abbott; Purser, John A. Bates; Gunner, Wm, H. Hamilton; acting Carpenter, Wm. D, ; Sallmaker, Samuel Tatem, The steam frigate San Jacinto, steam sloop Mohican, and s'oop Consteliation have also been ordered to the African equadron, but their officers are not yor detailed. Besioes the above, Captain Mclotesh, late of the Home squadron, bas been ordered to the Peasaoola Navy Yard; Captain J. A. Dorbin, of the Norfolk Ld Yard, to the steamer Hartford; Captain Charles H. Bell, to the Norfollc Navy Yard; Captain Wm. BE. Hunt, to the sloop of war Levant; Lieutenant R. Aulick, to the receiving ship at Bal- timore; Commander Frederick Chutard to the receiving sbip at Norfolk; Lieutenant Thomas Roney, to tho reeeiv= ing ship at Baitimore; carpenter R. G. mas, to the sloop-of war Saratoga, at Persacola; boatawain PJ. Mil. ler, to the receiving #hip at Norfolk’ purser Honry Etting, to the Naval Academy at Annapolis; suilmaker James ke Childs, 10 the Portemouth (N.H.) Navy Yard; Alex. W. Cannell bing been appornted acting sxilmaker, and Robert 8. King acting gunner in the navy, ‘The United States sbip Germantown galled from Manilg for Hong Kong on the Sth of February. The steam frie ge Missireippl was at Whampoa, anxiously fooking for her jomeward bourd orders, Commodore Tutnell on board nis tng sb'p, the Powhatan, was also at Whampan. This latter ts the only vesvel of tho present Kast India os not expecting to be ordered home, sanagor of Loutsiana, for the last season, ie now 96 hhde,—the largest cro. a : to value o! ¢ crop for ten years agcerinined to have been 352, Known exeopt one, th shor Years, Hhds, P Value, 7 269,789,000 $12,396,150 231,194, 12,677,180 Suites 21,827,369 f 495,166,000 386,726,000 569 $1,873,000 807,866 900,605 1868. 862,206 416,640,000 21734,760 ‘The quantity of molasses made ‘ast season is estimated At 26,000,000 gallons, The value of sngar and mo'assed produced in Louisiana for the year 1858, will Penn wo twenty -cigbt miliions of dollars, The largest quantity of Puigar made by one parish, was 44,000 Foe gooa to the credit of St. Mary's. Toberville is the moxby turning. ont 48,878 bogeheade, Then follows Asaump= a © lose from overfiow is computed at 63,000 boge- i