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V" - ' No. 182 CHESTNUT •STREET, - - • , •
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Aliitietfit lorenniteroothororthe tenii and picot de
`ofrokbliitoodei-wit eau offet; inducements 'not 'heretofore
',14 Fe 'bad -hi rhilixtelpkii.'' AU nedeo sold at Mann
liettireilo*iiioi: Orders Oixerully attendod to:
...:14:77-Maddiginatt , tor - Black end Whits Wadding, •
hing**lo•lthf tridelolio hail eeninsatly on lima. ,
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O*PLIY, HA:ZARI),, & :31IITOLIWEION,
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itailtiOtii,ACllt:ollll Oa'
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CobIaWILIAM, Cleatbut6i WoodAtud -Doeskins,
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1 , 00018414140114444--.4(ist received
1 4,4101 --- *- -nst cumantat4.l.
'lll4oollotor, ;Oolebtatod' Cloths and Doe
- etlfli 'Olga dies fable metes of
O t tiesittWoollenil just teotilved end fot sale hy
• ....An Chestnut sbo
Orovision Ibustst
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10 - Ohlitiiiiiklawll itualitrositinued.
4tiiiiite are yartieularly Invited to WI ondozottaFo
06.06 i AttiieStanit
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VOLESALE OLOPETe
WAR.EROOMS.,
'Zto. 419 MARKET;,
'feblan ' pratADltprre.
itatrikince ,
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ETACOBS, r -
-
- - ' No. '625 'AROR - STREET,
iles dubbed and for sale a fall assoitmeut of all the
Most modern steelier ,
,
CARRIAGES.
,Abm,,e, great variety_ desirable, SICONDMIND
OhltftlittoB, that have beau but very little used, uhlelt
wortoE *.iwk - rsok-s .
= CARRIAGE - REPOSITORY,
•Nos..l2l+§ 1210, and 1221
,ORI4OTx,IIT „ST,REET.
CARRIAGE§
or TailkOromintrsi or
WILLIAM .13.. ROGERS.
itr,oitokr,
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009 ; ORBSTNITX 'STREET 1011
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4ai,bti)dre.
MpORE,IfF,N.SZY.T,c CO.,
NO. 427 MARKET, end 410 09RIUIRO1! linnets
Hsip constentli on !tend lingo akndt
iIAEU WARE,
CUTLERY . , GUNS, &a.,
*MA ere Olfeied m BUYERS on Mara Terme
"• " •
H. Rc GrEO. ABBOTT.'
- - -
No. 18 North FOURTH .BTRgET,
r• r
IMPORTERS AND DIALERS IN
kilADWaiiM OtriLiY; GIINEi;:1113.
ALSO, 14,44 oAsT/ists,
All of whia4 are craved to Buyer on Jae moat favor ,
! b biP , Tn 29 l' , - - 4,- ;.
r",213-7*
7 3ft9THE-te4 .00 ...
INPORNENN AND VIDANBALAVDI4,EIIB ';
. HA.RDWARE
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Gold'Oliatic Bilk:flab, It blibintloe" Who, ifilit'Sto.do
altillas flAttonf , ice.; Bilvsr iodic
J $ poop
1104 at .. gaud aril 1 Silver ;.: plated Bawl :Broad Yaks .of
=j ot vagib.: , watehea .!aful,' .. frilry , f , Pronl,o l 2 3,4 7 -
,
d, akd warikkedtratii t ai ti
wujiiii , iii; . .
.:-, No. 2.2 North - OIXTII Street.
ca;
JAMES, WATSON;
iMPORTER
; W&TOHICS,;J:F,IVELRY, &0.,
1 , - No. 325 . MABIEET STREW.
;Conotaadly - on Mad a tall amortastat of iatheron
.
t+d 9oxitts4to !itches. , ' fsl-0m
/01JIMILT
BAILEY fc'
lla»,rsmmeti W t!tillr,now.lll.rtprof; Mats Kittle
819 ORESTIIirI,STREET,
AMITE IEDI; iJILOW THE GIRALED ROME,
iFow °periling their tall Reek If •
1120i1T1D 'JBWALRT, PLATID WARM, 141 D
!ANDY GOODS,
To wklolithey Invite the attention of the public.
SLLTEIOTAILT, MATCHES, DIAMONDS, AND
AV WXOLiAIAtAI AVID ALITAn.
:sztl7:if tl
Qi~it~fltt~s.
NEW - CARPETING-S,
OANT6N MATTINGS.
BAILY "4:Fo BROTHER,
NO. 920 ONESTNUT'ST.,
HAVE NOW OPEN THEIR
X;LVIPOVET.ELTIOIsTB
• .
of tir o
- CARPETINGS.
gather with an unrivalled assortment of
dIMERIC4N THREE-PLYS
INGRAINS
BAILY & BROTHER.
RASH CARPET DEALERS,
No. 920 CHESTNUT STREET.
spliAtje4
NEW CARPETING.
JAMES H. ORNE,
CHESTNUT, BELOW SEVENTH,
Has reeelved, by late arrlnle
PROM EUROPE,
A full assortment of New Etilee
O . A.RPETING.
CANTON , MATTING,
A limo twisty of all widths and embus, • spB•tf
STAIR ROD MANUFACTORY.
• WILER '&
MOSS, •
226 BOUTH FIFTH iTRHHT,
BELOW WALNUT. , , ap44m
CANTON IVIATTINGS.
J. F. ec E. B. ORNE.
00001118310148 'TO
J. B. ()BNB,
619 Cla3E63'l'll - 17M. evrzuourr,
OPPOSITI THIII
HAVE N PE N
Timm
SPRING IMPORTATIONS.
CARPETING -S. -
_• • ALSO,.
1,000 PIEOES
pr
OP ALL TWO DPEORABIA BTYLEB,
'.146W PRICV.S.
mazlB46l ;
PHILADELPHIA.; THURSI!AY. APRIL 14. 1859.
Elrn ESootia:
F° l - T EARDS - .
WE HAVE JUT RECEIVED-.
TWO cs2s.6t3 -
R 0 .BF S,
NEW AND RICE DMUS
THOS. W. EVANS Bc. CO
818 and 820: CHESTNUT STREET. ,
4
913:te • 2 .
SOIIZETI,IIN4a NEW.
HOMES', PiTg sEL!,74.in,:iJjw"ft
It to adniltted that the is nothing no , innahmeedert•
to give - a mac/Ad:vita elegant farm tir trigs OS
a skirt Which, in *wart partionlir, apoompliohlkiiii
dostralilembject'
the market lo fall 'of Spring
well recommended, and many of them:known 'andifehr;
milted to be wpthless butt:ALL of hlieni - have,Ojei4;
None whiob are overcome In +filEXAe-ADJUST.I4k
IiETTAD DISMOP SKIRT » Oureprings are of a ea
perior'quality, and ;are together by a fabric
:of NetAiork (made, by h ind)un formed as to thrlier all
the 'fulness of the shirt back, forming a -
BISHOP shape, from the top to the bottom, While n tbri
front of the okirt 'hangs perfaotly strafght,= aid' ALA"
WAYS BEYAININO • TON SAME ;'ObIikORPIIIi,.
aIIAPS—NBVER PLATTANING DOWN, as is the
rasa with all others.-
We have made pernral Important improvements in
the form . and flniab :of our DMA, and have added -s
BUST 4 LN BUPPOIRTINt,” which ghee the DD3HDIP
A DULLNESS -AND STADILITy not toned' in O'
There are gOTOTAA ransom why the
,TED 11fEl3bl? !Min tt• iecolves s preference otter sl
others: - •
I. ITIIASARORKOR6HAPB NOT TO Ii 1 0 0IINO
IN ANY OTIIKR SKIRT !
2 It is made with Double Rxtension, and can easily
be adjusted to any size. 4
3. The nebwork between will prevent the dress from
falling in sod skewing the position of the hoops through
the dress, and prevent aeoldente which the ladles
denten& - ,
4. Tha net. work is so; nowt:noted that when Waged
out of shape, as it must: bi.when the '1a47.1.8 'walking
with snotkar person, the opposite side ratable itst.tgld.
tion, which is not the case with any other Ittnd[:.!
6. Rho ladies will hot be annoyed witlistitobes
away (an the ladies too - .well knovi is the' fesst,wlty,ell
other *ellen now hr tide), al'-the springs us "Opipttilil
by the net-work. - ,
Ladies who have used all the approbed styles, from
$l2 down to $1.50 each, have, arm:warmed Ulla Skirt,
superior to all others; in 1113811 k, DtiltaßLl,lTY,'#lo
STABILITY OH Stiat.E. We reminirriend' all eche
wish"tar a good Skirt,, BL &STIO - and 11,:11131,2; *lO.
qOOl - 1, BUMP, woma ; to laok'at
Ouiz R,#fii4t,po3lp . V:At4tIiST,INOVET'FB,DzOisACT
Before buying any other. Doubtless this 'ls the bast
Stitt nisnarsotneed, as we are mar tharten•loe:tha
preference with 'many gond pulses; aint am'antri4
the Instigat e % daniewl 'tot thaw, that - they ire `lonia,
atantiy krelniPg tavor w ith . thi 4
L#pixttt! tozga,;_:1001 I , ij 4,40, 42;114:14", -- 2:}; 'F!
springs) Oat V.:ot4i:Oro*‘' l ,::: : , ;
woo?
/WA 8A14114"
\`• ' M‘ ifteo:loV4tiiiSti; , o
itois*:!itu'mlliUto9l4olo#4.A.'
af'l,4*lth
•
/F%EBIRABLENLYSIWitit2OW .
; •
1-11-1:1;!1%'•:c16-'
`DD' 4iiri BOB* xassauf, '
FOULARD ix vico o l 3 4o ; ro,
p and 31.2 A nisei
0000ANUT GRINAPINE DIINBSEB,
GRENADINE DOUBLE BRIRI. DIMAS,
PIN PLAID BROWN BILKS, •
OIIINIII BILKS, •REDUCED.
jABILIONABLD BPRINO , BAREORB. ••
EYRE 84 LANDELL,
FOURTH AND AiOH;
NEW
•
SPRING CLOAES
AND
M-ANTILLAS.
cm.3irzTizia'
EVERY MORNING
AT TIM
PARIS
MANTILLA., EMPORIUM,
708 CIW,IiiISTNITATT STRUNAT,
J. w. PROCTOR & CO.
aid-tt
RAPSON'S
No. 132 NORTH EIGHTH STREET,
Are now opening, and will continue to receive,
NEW ,AIiD DRAT:MIK:IL STYLES
or
'LADIES> DRESS TRIM4IgGS;
YOE VIE SPRING SALES.
R"APSON'S
LADIES' DRESS TRIMMINGS and ZEPHYR. STORE,
Inar7-2ra CORNER EIGHTH AND MERRY.
SIDE -BAND CASSIMERES.
Biaok And White Plaids.
Black and White 61.xtures.
Blown and. White Mixturee.
' Panay Stripes end Mixtures.
Yolid ; plain colors
• Boyei styles for CoatUand Pante.
Gent's Bruhn. and Bummer Ooritinge. '
kfareedles sad 811 k Testimrs
LIGHT COLORS HABIT CLOTHS. -
TISIPABL.P. LIGHT CLOAKING CLOTHO.
Pine Black Broadcloths; - $1 50, $l, $2.01, $3, 1336,
$4.60, &o.
Beet Meek Doeskins and Oaselmeres.
"Little Ticket" Bleak Docaking.
Madinat quality Black Ogoalmereo
The beat $1.26 Blank Oagaltherea we've ever gold.
trr
Pri The watazsr end moot BELEOT ever o ff ered.
N. ces all rioht.
13.—Indatemeota to Tallora
COOPitE & CONARD,
apll O. B. tomer NINTH & HABITAT Ote.
LONDON'SPRING OASSIBIERES.
Just opened, en involse of
Latest stylei of Loudon Panay °subsumes,
Neat Stripes and Mixtures for Batts.
• Also,
theca Casainieree, or thin textures.
Uheeke ) Blink and - Whits Plaids.
Novelties In Vestiogn and Coatings.
BHARYLEAti BROTHEIIB
spr. 01111811 , 1172 i and NIGHTIE StrestO
VAO.E MANTLES.
A-4 orenoh Lase 'Mantles, Points, and Shawls.
Chantilly Goads of best labile,
In all thiorarletles of new styles
SHARPLESB BROTHERS,
ap7 CHESTNUT and EIGHTH Btreets
SPECIAL NOTICE!!!
THOUNLEY & OHISDI
Would Witte attention
THIS DAY
To ► largo stook of
PRENOG LACE AND OLIANTILLA GOODS!
PLAIN CLOTH. DUSTERS!
LIGET SILK RAGLAN;
TRAVELLING CLOAKS AND DUSTERS, ho
BLADE STELLA BRAWL%
BLAME OIL-BOIL'D SUM.
RICH BANDY BILKS AND DRESS GOODP
PLAIN , AND lIISSEDIDERED GRAPE SHAWLS, ha
THORNLEY a OHIBM'S,
t o N. N. Omer itIOUTR AIM MO GAMIN.
1859. OPENIL A 6g AVG 101859.
SOMMER
MANTILLAS - ,
too van •
WIIOLESALa TRADE,
M width we invite the attention of
fIOUTREEN
MERORANTS, AND WE STERN'
a.w. lemma & co.,
708 QUERTNIIT Street
LINENS FOR MEN'S WEAR.
Ameriesn Linen Cainpanyinatiperior style Brown
Linea Castings, X and X, 'redone sbades,.• Brown and
Bleached Linen slacks, various style • ,Brown Linen
Drills, A choice initortnient of the above Goode now
on ample, and for sale by " JOSEPII LEA,
dlit-tt 128 and 180 CHESTNUT street.
, .
fILD TOM. LONDON' 'CORDIAL
A./ pronounced by the Medical College of London the
beet speeifle for Gopeumption, Gravel, Dyspepsia, Gout,
Rheumatism, Chills, Fever, ite. For sale by all the
loading Druggists and Grocers of Philadelphia,
The OLD TOM Is imported exclusively by P. D.
LOWICHAMP,, itoportor of Bremen Wines and Bran
died, Gin, ko, , ,to., 217 South Sil t oNr Street, phila
delphlii. •
rissma
41 4 r t,s--s
TIMIZSbAY, - A1 3 13,1L , 14, 1859.
'TiIAL OF DANIEL E, SICKLES
Wednestiayfs
'VERBATIM REPORT BY TELEGRAPH.
IVAICHIOTON; April
interest l3.
. e in the S'ettlei tragedy seems to be
rig" eep and inter ee in this oommunity today as it
wa' on the day of tho homicide at Madison Place.
Illthe solo topio of conversation whereVer men
melt, or women, either.
1. Ten thrilling seene which transpired yesterday
In ttecourtroom, Whon the wounde of the tthhape
pmrieiner were opened afresh by the ;touching
evpbmie of Hobert J. Walker, and when his enio-
Mat so completely overpowered him se to render
hitteintival necessary, appealed in the most,pa
thjelo andeloquent manner to the hearts of all
prreept. ~
pare,,was hardly a dry eye in ' the court, and
oeheittiy not a henrt remained unaffected by it.
Thiseteene, the confession of the faithlessness of
~ ,eteife,and the descriptions of the agonies which
re f rilokles suffered when the appalling truth
e,fiermd Wolf upon his Mind; have won for hint the
ityelmathhis of the whole; community; and hie
eelikeil Might, with the utmost confidence, submit
thear to the jury-without another word of tes
theory or a word of summing up. •
Tilt moment the doom Were opened this morning
t\paeowd.Proseed In and filled the space get apart
fee ins audience. Tho New Stork illustrated pa
app
rvirit eiroulating among the lawyers and others,
lanOroating ooneiderable amusement by the very
,'absurdity of the sketoben, and, the absence of all
alaiiitudo to the pereona and things represented,
.
rnoraseernos OF TUE COUIt.T.
14tago Crawford took his seat at twenty minutes
t att le o'clock, when the court. was duly opened.
tlyafterwards Mr. Sickles was nominated to
hi ,eest. Ho appeared to have recovered his
w led composure, though his fapo was marked
'with tie lines of recent sorrow and suffering. His
conned, Messrs. Brady and Stanton, occupied
bliteirfin' front of the dock, and conferred with him
miemebnelly.-
,
TM names of the jury having been called, and•
idriaving anewered to their names, Mr. Garnets
preemded - to argee against the admissibility of the
trifeh confession. lie presumed that the judge
ha alreadreopsulted the authorities, and made
up i lis mind on the point, but still he would not
hive discharged his duty fully did he not oppose
ilia:Ker. It ,was of
the first importance, an im
pretattee which wont the length of determining
w i ther justice -was to become a contemptible
s —that hie Honor, if be admitted the teatime.
etelat all, should expressly limit the uses to whiph
it waate be applied.
It Amok him that there was not entire conoord
in ,thb'inieds of the counsel for the defame as to
t o l i 7purpose for which the ovidenee was offered
'en for whiehlt was admissible. The counsel who
ire lest proposed it for ono purpose, and the
dteeiftel whe succeeded him offered it for another. 1
it etas offered first es bearing
.on the status of
theptisoner's mind, and not as proving the foots
dated in It; but his colleague, Mr. Graham, showed
thathe meant to maintain that the fact appealed
tomes a feet which ought to 4p, legally enPeei°4
lo_fer the eseertainusent of the &Mitten of the
riaoner'a mind at the time of, and enteriar to, the
'
' ethinidie. : Not,eentent with that, he claimed
ebitt. tioefeet in question .was a feet proper, with
i ether bete, to show the irresistable impulse under
.ieleloh the prisoner moved forward to the oolmum-
Motion of the scene—afoot' to be taken, with
that eoleirdeprocessfon of events, under which it
waCelatineid that ho primeeded: to mioeute the
jedgmenterf Heaven,. , Mr. Grisham thought that
this OW Was admissible , as tending to show some-
Althi4 shorteif insanity in respect to the prisoner's
Mind,and appealed. to his Honor to relax still fur
eher,. the rules of evidence on such a point. He
V&A that as it may. be proved, in a particular
;11*,,thet the prieoner quelled the intoxicating
;keirleso int h ie eame it may be proved that the pri
nnedreined to the dregs a figurative oup filled
41;161hte bitterest drought. This, W 44 rhetoric,
fetgas not law. , , , - e
e , :e.
t alli
oases the question s,'net whether th•`
pe , nef drank 1111110! enough. to make hint drunk,'
, tuWeirhelber, in point of fact, he was drunk, either
t‘ten.,Mlittle drinking or much drinking. Mr. Brady,
.hogirer, had indicated, while - tweet/hag himself
301i4detil legatilfogetille, tit he 'hadsoul° en*
lama ideee f about, me Ages ton of Insanity, and
pg 4.440 Soettlerehite Honor lind.speken„ek
''.. A' ,-, enti4.-` . belageanmatelerr - aradesed-
Heritritsleiregerded that to-apply, not ,to
en irithei(of passionebnt to unsoundness of the
Mtn e .ttineanity:. ere to all. thpgtounds dietinotly
taken end-the arguments 'incidentally , made, he
submitted thatethey Must all come down to the
test of e the law,. and resolve themselves into the
elnltie question of insanity. •
And ho had not heard goy of the counsel claim
that the ~:prisoner was inmate at the time of the
homichkr; and he !Omitted that before this 'eel•
dense eadid be ,received, it Must be proposed on
the aingtalreund that the prisoner,' at the time of
the oenenthsion of the homicide, was insane, and
?When It was proposed•on thatground, the proem:111-
(ton would be prepared to meet it. The question
Was whether adultery geoid be given in mitigation
of the mime of murder to the grade of upon,
,slaughter. Such a ease was decided in the newt,
tiviain.the Court of Appeals of one of the States.
Mr. Phillips That was the ease of a slave.
Mr. Carlisle. It was, but it makes no dlfferenoe.
WoUre all, or ought tube, Mares to the law, Now
What• Wits the inane:tent of evidence here, and
what was the fast offered in evidence tending to
prove Insanity? The instrument of evidence pqr.
ports to bee format written, deliberate and par
ticular statement, made in the presence of the hue.
band, concluding with a species of attesting Mame,
signed by two witnesses, and with an additional
clause, showing that the oonfemion was made with
out fear or hope of reward. This• formal, &tither
rata and solemn deed of renunciation of the mari
tal rights is offered to be given in evidence. .
The prosecution objected to It.-first, beoeuse it
is the work of the prisoner's wife in his presence,-
and evidently,
to be inferred, at his instance or
direotly 'under his control. Nobody disputed
the' general roles, unless, indeed, Mr. Graham,
to be that husband and wife are incompetent wit
nessea ; the one either for or against the other ia
any Game, civil or criminal, to whloh either of
them is a party.
Mr. Graham seemed to think, however, that the
age of progress had modified that law, and that
the rule was a speoies of regulation fur the benefit
of the husband, and whioh he may waive. That
is not so. The wife 'is as Incompetent to testify
in favor of as she is to testify against the husband.
The counsel referred to a ease where this court, in
the ease of a double indictment, refused to allow
the wife of the person not on trial t 3 testify in
favor of the person who was on trial, became her
testimony might have its aired ost the ease of her
husband. This was not an offer to bring the wifo
into court as a witness, but to produce her deola
ration. What was the answer to that? First,
that deolaratione are an inferior sort of testimony ;
and, second that where a witness is inadmissible,
all deolaratiens of that witness are inadmissi hie.
Dying deolarationa are exceptions to the general.
rale. But was the feet itself competent to be re.
ceived ? If it be admissible in evidence, it is be••
cause It tends to prove something in issue. It
might he admissible if offered to make up the de
fence of Insanity. IC not a link in the defenoo of
evidence by , whioh it, is proposed to make out a
chain of insanity, on what prinaiple is it offered
here? Ile submitted that the wife could not be
permitted to contribute one grain of Nand towards
the building up of any defence for her husband.
If there wets any law or decision to the centred,
he would like to see it.
Mr, Graham would call attention to four authori
ties on that point, via: Walton and Green, let
Camington and Paguo, (MI; Avison and Kinuard,
II Hest., 188; Thompson and wife vs. Frerangen,
Skinner, 402, and Gilchrist and Bates, it Watts,
355, In all these oases the deolarations of the wife
were admitted in evidence
Mr, Carlisle should like to have had the 'oppor
tunity of examining these eases. If there be any
one of them which goes to impugn the principle
laid dewn.by his honor in the ease of Sullivan, it
had escaped his attention:.
Where was the case wherein the testimony or
declaration of a wife was admitted asa defence for
her husband."( Ile submitted that there wee no
each case. - Either the foot sought to be introduced
here was material for the defence, or elm it had
no business here. If material for tho defence, he
subrititted that it +meld not be drawn from the
wife. Her-declaration was in law the declaration
of her husband, and unless it could be shown that
the primer's deolswation was admissible it could
not be shown that his wife's declaration was. .
' On this point of the identity of the husband and
wife he should, if he had the power of the counsel
on the other able, reproduce that eloquent argue
tent they had heard the other day, when they
were told that the husband and wife were cue
flesh." If this deolaratiln were to boAllowea they
should have no rule on the subject, except that
each particular case should stand on its own
oireumstances. Rulings on similar points had been
various.
ltosoae's Criminal Evidence showed that con
trary decisions had been made in the English
courts, but none of theta covered exactly the point
Involved here These were all civil eases. The
counsel referred to the case of Hewitt vs. Brown,
where the question of admissibility of the wife's
deposition Caine up. It was an action to recover
the value of property in a wife's trunk, which had.
bean lost, and her deposition was clfered to prove'
its contents. There, while the court held. that
oven whore a husband might, "earneeessitate," be
allowed to testify in his own ease, the wife could
not be allowed to do so under. any . circumstances,
bosoms she was "nix potestate sui."
Mr. Magruder suggested that there was a dis
senting opinion in that case,
Mr. Carlisle answered, that where there ware
several judges there woo likely to be dissent; bat he
was happy to have but one judge in this ofwe, and
there could be ne dissenting opinion. But this
declaration was also uttered as part of the res
'Mks, and Mr. Graham had, on that point, re
ferred to let Greenleaf. Mr Carlisle rend soldier'
103 from this writer, where it is laid down that
the admissibility of matters claimed to be the res
gresta was s matter for the discretion of the judge.
This, then, was a matter widen 'addressed itself to
the sound discretion of his Honor. The only tests
that were laid down by Greenleaf were, that it
must be contemporaneous with the main foot, as to
illustrate i o ta obaraoter• What was all the evi
dence connected with the subjeot ? It was the
testimony of Rev. Dr. Pyne and Mr. Thomas Mo
han, who saw the prisoner cm' the evening of the
20th of February.
There was a oonfliet between them as to time—
one having seen Mr. Sicklee•'como Imelda house
about five o'olook, and another having seen him
going from the Capitol homeward, about dlandown,
and between them and Bridget Duffy, the servant,
Who testified to the prisoner being in the house at
dinner time and during the evening. At the and
Of the entree:One* interview between Mr. Mottles
and hie wife, this reularkablei doonment 'pro
dnoed, and his Honor waS naked to say that paper
—not the communication made to:bim in the Ca
pitol', and which brought him home in despair—
not the oral deolaration of tho wife—but this paper,
without parallel in the history of man or woman;
what'sort of res gesto was that?
• It. was not contemporaneous with the principal
faot. And it' it were. it was of such an extraordi-;
nary nature as,,in hie judgment, to require it to bo
excluded. Where, then, was the fent, eo ounnect-;
ed with' the principal fact as to illustrate its'ohar
actor ? If it had been offered by the - proseoution;
for the purpose of showing the motive of the priso
ner, he would not Ray what would have been the'
Argument made against its admission. Did that'
paper tend to show that the not committed the next
day was either justifiable homicide or mansiaugh
ter? ,
He admitted that it did not : unless hie Honor
hold to the dootrine laid down by the other aide,
that no time was sufficient to cool the mind of a
man under such provocation, and render him ob
servant of thelaws'of God and man,. it could not
be admitted in that light.
It was far the court to draw the -line bare and
'say whether this 'declaration , of the Wife formed
part, of the 'res gestai and was so connected with
the Principal transaction as to bo evidence to' re
duoe the'grade of the offence from inurderto roan
slaughter. One point more and he would close his
argument. Was this,declaratiOn evideMle to the
prisoner's insanity?
As his colleague, the District Attorney, had said,.
the question really was—was thdre insanity, not
was there cause enough to induce insanity. It was
tree that tho'great dramatist, who was so great a
favorite with his brother, Mr Graham, had spoken
of, ." ministering to a mind diseased," bat he
shbnld like to see what expert *Mild declare that
such a declaration as, this would tend to produce
insanity in all, or in a majority of cases. • '
It would depend 'neer' the moral and intellect
tool eondltiell of the nelseil. There were two
chases of the community on *twin, be submitted,
it would hive no such e effect. One 'class, said he,
is that body 'of lowly and. humble men, who with
fear, and trembling walk aftei:the footsteps of
their ascended fiord, whe have iletimed = to the
precepts of the blessed Gospel, and-who, with all,
the infirmities of human nature about them, with
prayer and watching seek, at least, to walk in the
path which the Gospel has marked out for them.
They are those who may truly quote that beauti
ful passage from the Scripture, recited the other
]Messed is the ' man , whom the. fiord
ahaateneth." They aro those who see in the
afflictions that come upon them hero—ln, the
severing of, ,lives that, are- but one Life—ln
the lose aChildren (the conned was here
affected
,to tears),-even io shame which is not
the retot,of„'oor shemeltaympsll,--Whe ; see .and
feel in all these things the -bend of the Fa
ther, and with bear his voice through faith, sniping
them : Diy son,. this As not your abiding place.
Better to suffer hero in this transitory'soene, where
you are but a pilgrim and a sojourner,' as all your
fathers were—better to suffer. - here, to have all
your sufferings here. 1 . will call you t.l a place
whore sorrow never anters—.-where all tears shall.
bo wiped away from your eyes—where everything'
connected with you shall be pare and holy, love,
and pieace. In thevigils of the night, the smitten
heart 'of the good man hears that still, mall
voice "—in his affliction his first movement is to, go
into the smelly of his oleset, and, on bia knees,
'pour out his heart, to Him - who alone can bind up
the Woken heart. Insanity ! Any, sir, rather is
it the brightening of- the mind—the quickening of
the sight which pierces through .all the gloomy
shadows of this,world. He seas the reward of the
good inan—thaconitort of the ail:Voted man—wait.
;rig for him. That one 01080. There IS yet po
ther class. ,
,
The. confirmed adqlterer—,tlie bpen, shameleis
profligate - the man nurtured in brothels—the man
breathing all his life the atmosphere of adultery
and soduotion—df there is such a man—he is tier-,
tat* safe from the visitation of Insanity, Warm
his familiar .plaything hen turned and wounded
him. hiow,,to offer evidence of the feat of odultol
ry with the prisoner's wife as the ground'M impute
to him 'insanity. necessarily 'opens inquiry of the
goal have indloated, and although in this case
the coonsel might—for I am putting a suppositious
Mum only—be willing to go into such a question—
it was not the option of the - parties ,to go or not
to go into such tuquirieS; but he •sumitted that
'the introduotion of such testimony would neoessat
rilybe to these inquiries—and then, , what sort of a
moral d (mooting room Would this coed not he cow,
vertex into 7 If snob a declaration were admitted,
the court would have to go further, for the pre
suraption thus raided Would, Hite many other pre.
sumptions, have to be contested And rebutted by
facts, He had not intended to trespass so long on
•his Honor, and he submitted the matter with all
minfidence, boylng the court would Include froM
Its cmisideratton ally matter which it might - deem
tnot - pertinent to the argument: • - • ,
• o. court hereftook recess , after which Judge
Orwwkard,deldierudhlit.--
Tug DECISION OP Tile .In/PQN--)ine., t t
- NOT vasyrstour. -
The Judge Mild ‘"lbe proposition that has
been debated at considerable length is to intro.
duce the statement, of a wife to her husband, for
and on behalf - of the husband. It is said that the
paper is not offered , to estahliett ta r ots contained
in It; but as an exciting cause or one of the ex ,
Ming causes, for "'that frenzied ' state of mind in
which, it is said, he sated when"the homicide took
place. I cannot see the distlnotiontsetween the
evidence which goes direetly•ta 'exonerate the hus
band by the proof of a prineinal - iria criminal
canoe, and the evidence Which would fondle ex
onerate him by showing that lie inas not in a con
diticin to commit any crime. In either event,
the effect must be the same—acquittal. The
res gesto are the, oireuraatanoes which sur
round the princial foot, wbioh 10, in this
°auto, undoubted ly , the homicide. On this
assumption or principle it was that fho de
claration of the prisoner that his bed was de
filed, or dishonored, or violated (for all, three
expressions are testified to), was received ; from
that has followed retuch of tho evidence we' have
heard. I do not intend to say further what are
res Eesta declarations - of a wife or husband for
or against each other; they stand en the same
footing as though it was testimony given on
the' stand. kluppose the wife of the 'defen
dant was in court at this moment. eould she
be put upon the stand' Could she be heard
Certainly not. Iler testimony, or ,tho state
ment sought to he used as such, is evidence,
and would be, in any, proceeding evidence, of her
own criminality, and on an application for divorce
might be used against her; but it would not, in
my judgment,' have been receivable in an action
for damages against the deceased, or in any ,
other proceeding which might have boon insti
tuted against him. I Ms very clearly of the
opinion that the' statement is not evidence. 'lt
would violate the well-established principles and
rules to admit it. It would have a most injurious
effect' on the relations 'of husband' and wife, in
destroying their confidential identity. The prop°.
si lien is rejeoted."
Exceptions taken by the defence.
' The testimony for the defence was then re
sumed.
The examination of Bridget Duffy was suspend
ed, and Miss C. M. Ridgely Was ealled,—Reside in'
Washington, at the corner of Fifteenth street 'and
New York avenue, with my mother. Mrs. .11yde ;
became acquainted with Mr. and Mrs Sickles on
the first of,Taimary last; visited at the house fre
quently ; was at their receptions every Tuesday,
and two or three times in the week b dinner ; was
there on the Saturday previous to the death of Mr.
Key; Mr. Sickles came to the dinner table, but ate
nothing ; he then went upstairs, 'and sent for some
thing to eat; supposed this was at half.past five;
am not sure ; I noticed a change la his manners
ever since the Thursday preceding, when he came
from the Capitol; I was at Willards' hop; Mr. Rey
was with Mrs. Sickles during the first of the.
evening; Mr. Sickles same afterward, there not
having been room in the carriage; she was then
with Mr. Wiekoff; after we returned from the hop,
I noticed a change in his (Mr. Sicklea') manner;
the change was more particularly observable on
Friday; Mr. ,Siekles had a very wild, distracted
look, especially on Saturday. [At this stage the
witness suddenly stopped, and seemed to be in the
act of fainting; but a glass of, water soon restored
her, and she continued ] The change was notion
able after he returned from Congress; I reed
some time in my bedroom, and then wont
to Mrs. Sickles' room, where I saw her
writing; after finishing, she Irked me to sign
my name to the paper, which I did ; I retired to
rest about half-past 11 or 12 o'clock; Mrs. Mottles
passed the night in the same room I did; she sat
on the door, her head leaning on a chair,; I went
to sleep; saw Mr. Sickles the next morning, about
half past ; immediately after I dressed. myself I
went down ; ho did not eat with me ; I break
fasted alone; I have not words to express Ida ex
hibition of grief; he was very much agitated;
while sitting at the breakfast table I heard sob
bing; he was going up stairs; I could hear him
alt over the house; he uttered fearful groans;
they seemed to coma from his very feet; they
were unearthly, and continued for some time ; he
wan onthe bed, with Mr . Butterworth by bis aide,
when I last saw him on Sunday.
Cross-examined by Mr. Ould.—Spent muoh time
at the house of Mrs. Sickles; sometimes staid
over night; at times I would be out with her, and
then go home with her and stay over night ; on
Thursday before Mr. Key's death I went there to
a dinner party ; and from Thursday before Mr.
Key's death till the Tuesday atter I staid there ;
no one but myself and thu,servants were there;
Miss Campbell came to see Mrs. Sickles for, a
few moments •, I always found Mrs. Sulkies borne
when I wont there ; smolimes two or three
days would elap:o before I would visit Mrs.
Sickles, and she would call to see me ; I don't
lcuetv that Mrs. Stales was away any portion
of the month of January I suppose I would have
known it if she had been ; i breakfasted with
Mrs. Sickle's' little daughter; Mr. Siettlea' sob
bingo were awful ; ho seemed overwhelmed with
grief.
Bridget Duffy recalled, and ,was questioned by
Mr. Brady. After she had signed the paper on
Saturday night, to the best of her knowledge,
she thought Mr. Sickles remained in his room ; I
saw him on Sunday, when I went to take Laura,
t 3 dross ; she slept in her father's bod ; I again'
saw Mr. Sickles on the stai' ; I had previously
heard him crying and sobbing; I did not see
him again till after I returned from Alik.
nod-a-half o'clock church ; , this was alidnt
twenty minutes of eleven ; I went up stairs to
make up Mr. Sickles' room, when I Saw him
come into the room crying aloud, his hands
tearing his hair, and in a state of distraotiort; be
called on God to witness his troubles, cried and
sobbed; I heard the door looked; Butterworth
came up stairs and asked where Mr. (Merles was;
-the last time I saw Mr. Siekles, before I hoard of
Key's death, wagon the stairs, doing something as
though he was washing his hands; every time I
he was ,in the same state of mind ; the
first time I saw Mr. Key on; Sunday, he came
through the park, as if from the Club House; that
was between eleven and twelve o'clock; he had
come out at, the corner : of Pennsylvania avenue,
and went toward Georgetown; , next time
saw him he was returning, apparently, to
the Club Douse, through the park; twenty
or twenty-five minutes passed between those
times ; third and last time]. saw him, he was com
ing along with a lady anti gentlemanovho seemed
to be coming from ohuroh ; that was about ono
TWO CEN 1
o'oloek ; he was in CoMpany with Mein ; i did riot
see him leave them ; when I saw him - . on the last
eocaaion I was at the kitchen window ; when Key
passel the house on" the opposite aide, - Itativ" hint'
take out 'his handkerchief, and wave Alas lie
passed; three or four times; hoiwas'outside of the
: park, on the sidewalk, with theAdyund, gentle
:man. [Witness, by request, described this waving ,
-of the handkerchief; a slow'retary-movement
don't know. where Mr..Siokles then was; but he
was in be hens.; as was also Mrs. Sickles.
Orosi.eaatahred t hee -Mr. Carlisle.—l was-in 'the
- Ititohen,-whieh is inlower part of homes, in
the front, near Pennsylvania, avenue ;,I was sit
ting at the window; this - Wei about one o'clock;
-had leen 'there about half an tour ;^ sow:Mis,
Sickles once limn the time I came from church tilt
I went down into the kitchen ; saw herin 'herbed
room ; Mr. Key whirled his haridkerahief round
three or four times; did not see any object at 'which
hemae whirling his handkerchief; I sari the dog
that belonged to Mr. Efeklei Arms over and fawn
upon him, and then passed the house; .Mr. Key,
when the +dog fawned uponlim, waved his hand
herehief, 'and also after the-dog left him. .
, Mr. Sarliale., ere you positive of that?
Witness, spiritedly and indignantly. Stire,:and,
you don't think I wouldlie? .[Laughter.) "
• /Mr:Carlisle, smiling. Don't &e up lo,'llridget;
there Is no Occasion for it. ' • .;
- me. .Brady, goot,hingly. does not mean any
thinu of that 4ind.
W i tness, ifi "ealinie fraine of mind;'repotttitil
the story about tho dog. ' " i •
10• undeilianti_the,Waying- of. the
handkerchief was one ooritinnototaot or-If/dd.
- Witness. -It Was hot a - centilitre - us whirl. - 'lt
was so and o,lB'l the eanteltimii deadribing -thee
Mr: Carlisle. About as, fast as yon writeld '
the handle of a coffee mill? ' '
- Witness, (serlously,-if not indignantly-l' lam not
M the habit of turning the coffee mill. [Laughter.]
Mr. Phillips Deputy Marshal! Sibino,e, eilenee ,
gentlemen !' Ha, ha
, Mr. Carlisle asked-her a question, when. Mame
plied, I did not say such a thing. have Said.
• ~
'Mr. Carlisle. Repeat what you have Said,
-Witness h ave repeated it' already,' and that
bught be sutheient-; the dog fawnedonlir: Key,'
who waved his .handkerchief, at . the. time, and
afterwards; hfr. Key did not look after the dog
to see how far the do had got from him, - but-kept
twirling his handkerc hief; did
Mr. not
KobeeyerAvurnewehdetahnede
the gentleman who was with
looked after the'dog. ' ' ' -
Q. How came' you to .take partieular nottee of
where the, dog wag whew Mr ; Key whirled his
handkerehief last? -
if/A. Because 'I se* the Atigat - the herise'; that
is the • only maim -can- give for Lit:, I; cannot
mmotly
,say, the certain, spot where the dog was,
at the fourth whirl;" buff know 'he halfget to thiel
house; 'the lady -and gentleman,loithei best of my
knowledge, turned -round: arid looked,at the.dog
when he . first:came out and fawned ripimi Key ;
Key Might - or ought net have niched to' look
after:the dog; the time. immediately .before that,-
*hen I saw Mr. Key, was after I had returned
from church; not mnc after - 11. o'olook ; the wit.
nose was then in the nursery, which is 'on:the
second story, next Pennsylvania, avenue;-it has
two windows, one looking into the;Park, th other
'reeking towards the avenue; 'Kerirent rip'the
avenue towardii Georgetown; saw him till he got
the -side of, the street on which air. trickles'
honse is; there lost eight of him ;,iciabout twenty,
minuteser store I raw hke dousing listikl'ha was
in the Dart; crossing over. towards the Cirib
the lames ; w as, then in the kitchen;, that would
have, been bet ween twelve and one
; Q. How lorig wee it between' thatlimeand the
time yen saw him:Walking with: the lady ,and
dentleman ? „ „
A. To the best of my belief, - "abont aniceir
was then directly in front of adr.lleklee' houser;
the witness was still :fitting et the kitchen window.
Q. At whin time waelt that you, saw filoklea
whim he was as if washing his hands?
, 1 .4. After one o'clock. ; . • •
Q. Was it after or hefore you had seen the lady
and gentleman pees with Mr. Key?
A. It was after they hid pegged-. • ' '
Q. Did you continue at the 'kitchen window af
ter they bad passed, or did you go up stairs? .
A. , I saw Mr. Key, as if parting from the lady
and gentleman, and - going- through this park to.'
Wards the Club House;, novae saw him after that;
'he was on the mistreat walk to the railing, on .Penn
eylvania avenue, and lost sightofbiro near the - Olt:1i'
Rouse; then I went up stairs Immed lately after lest
sight of Mr. Key, and in going up met hir.tHekles
he was in the act of wiping his hand's,. met him,
near the bottom of the stairs:' had nothinglit - hit
hand beta towel:; corild nob dealrihe his dress ; Mt.'
Wooldridge was in the study atthattime;tbeetudY,
iS on the tirst, floor , front room, 'eat the Perine y l-:,
vania avenue . ; :the porter 'is to ihe side-Of; the'
house, with-a door, leading from,the stud .to it;
e#tv Mr3,Weeldridge in the Seta after, cameo
bane - Troia obwreis Mot.`ses him -anyalusie
else ;thistle-0..4r. H„iitterwortdOwsaid tiaistudier
did rnot netioe whether Mr;Hiekles;yras - aelshing
end erying t ,when I sew him wiping, ' i hande;
theie was nothing pattioulat'in - hie appearafiese
to attract her '(witness's) attention; do not know
Whether Mr. sickles had any .breakfast; that
Morning.
- ; Q:" After signed that 'mit 'yon spoke of
yesterday, where did you go? •
• A., I , "
went to my rooull the Child had ha.
gone to "bed 'at Shot time ; the - child wail in - the
perlor with Miss ftidgly; , Miss ItidglY sat on-the
sofain the bedroom white the Wittieas signed Aar-
Hume .to the paper; the child wes.,down stairs'
then; heard Mr. Stacie's ory before' and' artist' I
signed that paper ;• - he was crying Womb° asked,
Me to fetch him his dinner ; when I was signing,the
paper he walked around the room as if prying I the,
unto of signing that paper was somewhere about
seven o'clock; Mr. Sickles seemed as if iity
ing. and in great- tronble ; did• not, 'see him
crying' till 'the' next morning; do riot re
collen saying yesterday that • I heard. Mr.;
Sickles crying after I went to bed ;,may have
said so ; did not lie awake to; listen to anythi4;
the door of the bedroom wee Partly open when I
went to the door to speak to Mr. Sickles • do not
know whether it remained open ; when fwent, to
fetch the dinner tray I do not remember whethet
the door-was open; it was open when be asked
me to fetch- the dinner; and, before that: I heard
Mr. and Mrs- Sickles talking; , Mrs. Blotch's did
not leave her room, to my knowledge,cthat day ;
when Mr. Sloklee came home from the Capitol on
Saturday, he went up stairs; Mrs. Sickles did not
dress that day, and did not go down stairs.
Q. Was she down stairs the previous day? -
A. I cannot say. -
Q. Where Was she daringHaturday ?
A. In her bedroom. I took Mr. Sickles' din
ner tip to that bedroom; Mrs": Sickles was, there ;,
cannot recollect whether they dined together on
Friday.
Q. After you saw Mr. Key the last time did you
go up stairs immediately? •
A. I did, and then met Mr. Sickles on the Moira
wiping Me hands_ , ,
Q. Did yon see Mr. Sickles engaged at anything
that day?
A. I do not recollect; when I came from dined:
he was in • the study the door of the study
was shut ; heard - tal king; de not know who
else was in the study ; I came on with Mrs. Sick,
lee and the child from New York; it was some time
between Christmas and New Year's day ; we were
here on New Year's day ;, we left New York one
day, stopped in Philadelphia one night, and got
here the next day; left New York .on Tuesday
afternoon, and Philadelphia the next afternoon,
and got here on Wednesday night; Mr. Stales
came on with us ; I remained all Mistime with the
family ; neither Mrs Sickles nor I went back to
New York till after the transaction,
,q. At what hour and where did you see Air."
Sickles after you heard of the ;tenth - ME Mr: Key?
'A. I think between two :or, three- o'clock did
not hear the pistol shots; heard of Rey being
shot from Miss Ridgly's girl; suppose It tray'
have been immediately after it; did not see Mr.
Sickles leave the house; saw a crowd of people
come and saw Mr. Sickles go out of the study;
do not recollect his dress ; only-remained five or
ten minutes in the study; there were three or
fear gentlemen and officers with him; did' not
recognise any of those gentlemen;' believe Mr.
Mt:Blair came in after Mr. Sickles eamainto
the house ; but do ' not knew whether it wag'
after or before Mr. Sicklea left ; I was pro
bably'up stairs when I saw them come; Mr. Sio
hies seemed very mush exalted; I do not Bay that
he was shedding tears;
cannot
,may that I heard
sobs and exclamations from bizri then; after re
maining in 'the study ten minutes Mr: "Sickles
went up ,stairs;" there were two officers On'
the stairs_ as he went up; he remained-up stairs
three ortform minutes; he wont out of the room
where Mrs. Sickles was lying on the floor; after
ho bad come down he went into the Andy ; did
not observe his dress; cannot say whether he
was crying when he came down ; there was one or
two police offemri in the entry r do not, know who
went away with him; there were gentiemen-w - ak
him.
Q. From the time he came in till hiirierit away,
how long was he In the house altogether?
A. Think it was about twentrfive minutes.
Q How long of this time was he in the study or
parlor after having some down stairs?
A. Probably from five to eight or ten minutes ;
did not then see him Robbing and crying.'
To Distriot Attorney.- Mrs. Sieklesri reception .
day was Tuesday ; her receptions did not begin,
right away after we got here; do net know whe
ther she had any during the month of January
when I observed Key waving his handkerchief he
seemed to be in conversation with "the" lady and
.
gentleman.
To Mr Brady. When Key was passing the house
he turned his eyes on all occasions to the house;
the dog is a little Italian greyhound, called "Dan
dy;" when Mr. Sickles name in and went into the
study I went to the kitchen for Laura ; the dog
was usually kept in tho house.
Q. Was he acquainted with Mr. Key ? [Laugh
ter.]
A. The dog knew -Mr. Key and fawned upon'
him 89 a dog usually does upon a person he knows.
Wm. hi Mann . examined by - Mr. -Brady —I re.
side in Buffalo, New York; em a lawyer; I was in
Washington on the day of Mr. Key's decease; ar
rived here 'on'thel4th of February, and remained
till the 21 of March ; knew' Mr. Key 'by eight
three or four years; was not at all intimate with
him; merely a passing acquaintance; I saw him
that Sunday not far from two o'clock.' • -
Q Kate where you saw: him and the dream
stances connected with it. ," '
. - - - -
A. I saw nit - the innate opposite , the
President's House, where ;thelaokson monument
is; I had entered the - park from the street at the
far end, at the southwest gate ; I same up towards
the monument,' and Met Mr. Key walking alone ;
I passed the tinienf day With him ; stated to the
person . with 'me who he lkas; this person made
some remark about his manner of dress.
District Attorney. Never mind that
We turned round and 'saw himleavinithe perk
by the southwest street.
Q. What did you see him do'?
A. I saw him whirling , a handkerchief ai he
went along; had ,the handkerchief 'fir.t in two
bands—this way; and ho drew it Out at d Wa red It
so [illustrating backwards and forwards] ; made a
diagram last night and marked on it where:l saw
Key ; this is it [explains it] ; do not kntivioMr.
Sickles' house • the gate. through which Mr., Key,
eras getag tyai that labare/A OA 'gar
NOTICE TO CORRESPONDENT.,
•
Ctitieioeaeatel ei Nt- i'lii , eseit"4lll , 4l l .ll
In mind the folloying rapier"
flrerY,,,eommenttittlon meat be selete*ted btlitt
name Of the writer: In orderto ftlilltite 44reitriekilie
the typography, but one aide of the must ahOild be
We ilia be'gteeU7obiigad to gentler:Ws is Penosyl.
nolo, and other litotes, for cootrihatione giving the
warreatWairs of the'llai iwe their, porta:OW . l Joialltlea,
s the rriotirotek of the. Mirror:M*l' fkalp l 47,P, ITMF .I "
of.populittiosi, or any larorouitkin that will be . ln terett•
ing to thi general reader; • - „ •
„
,;:rist IG i e l p ai l d e e t: i w t fi lio on.,Tenoviv , anitt : avenue.
titZ l e rit s tLe T • b w a ll a- t m igs e tt l e i s C!" -81 . - x t° t . l e n i g .t. . l :e .
hid no handkerchief : li hilhandif; ?ebb/treed none
till we turned! at look after hint. -- ', , --,, -
' '• To Mi. Carlisle; - First saw xornearly midway
between loth bloke ; , he: was _coming. from- the
Aireotioa .cf-the ...monument. ;. he, appeared fp be
liapptering along pit was a pleasant day; *- there
_was nettling, in .the character of - hid wayinglhat
handkerchief to attract my attention; would not
- say; that - he ttiirled ' the - handkerchief round
in anirele ; ' do not know what it -meant, -hut it at
tracted my attention from a circumstanee; -
' -Mt. Brady.'” What was the - eiracimatance_Whioh
Called your attention toit at the time? :- _-:
" A. We looked partiottlartrat , Mr.)leyfrom.the
fact that the gentleman with me asked me who he
was, and. I told hint . .he was_ -Fhilip Barton Key,
the District Attorney, and lie said---., -
Mr. Carlisle. !fever mind - what - hie - said. -
Mr. Brady held that it'wesoc ip pitent evidence,
as part of
-the res jestia. •' ' • - ''- - - •- -
Mr: Stanton.- r • vim- 1 3-ut the - iinestion-in 'this
war: , Was anythititsald-at -the time in relation
to its being a _signal? -, ---:, , - - ...‘ - - -
- Mr. Carlisle. 'That .is more objectionable than
The quesiii:p yeas argete4,_end the judge iseided
that th.t ii - onveisation,betweeri
_Me - tritiseineand his
_o 4o .llbanioti was net evidence.
To Brady: There was - a Millark 'made whisk
drew my attention to .the Sot of whirling the hand' ,
kerchief.
Q. Was thertrany.otherfaetiottependent of the
remark lebh3h.did eel •
Ido thhethiret4as'r theltandker
ohief wad twirled ift" the Marmerl bane destrribed;
1. remember how from, the.. oiroetestanoi that eft
my return' I wet lo'diener at Ward*Vika
was at tiro o'clock i=l west:Mont the - trat
Q. Wee there anything in the act of Whir/Int
the handkeiehief connected with the remark - Wile
drew your attention to it? -
• .Objeotetto,ard the.,q9eqion
To Mr. 15tentork. :There reinailCiliade
airoat the waving of the' haedkerohlef,aid that'
'remarlr,'„and the thing that followed it, imptessed2'
ikon au attention.
ThomaiMillefeallief.' - " •
.Mr. Brady iiiited'that Le ailed en thitiritriese
simply to discover whether any article bad ''heea
taken from the person_ef - Key. brollies those pro
'
diced: • -
IWitnisasaid he waa.aooidentailyin=theliootu
where the body of Rey lay 4
.a„.gentleuran:preienki
examined Some of the pockets and .reasOved bonie -
Scrips of piper, orfoldterpipere;-wbith eginbed
be of vet? little importance,:
- Mr. Brady . .„We,did net asitabout theiximparp:, 4
anoe.
Theisi old eardnabe Witithneei 'tab
leg : cards; this person 'was ,D o .7 l o,:wha was; ,,
examined as a.wititese; these were handed tome . ;
I hot examine them, but I pnt.them fete' -
envelope and- directed them toMem'Mr
too, with the compliments of:Dr. Miller'; ;
id them to Dr. Steno tope _delivered to Mr.-Pene
The-Judge here euggeeb3d..that as the hour
,Idioarnment had, nearly arrived, and ise,hkwaer- ,
aomewhit indlipoead from khe opprerriye atmor-t„
,here 6f the court-iooicii no 'other riitneas'elioitht"
be called today. -
Mr. Brady said that the cermet for defence eon- -
- rulted.the,wrohne of Multerior.. T . , _
• The 'court - then, at u qUarMr befOri-
As Mr. Sickles left the roere,.lo was-observed re
he in better spirits than he had been hitherto.
The servant girl, Bridget . Daffy,' gaire - her
Aimee with' great elearnesii' and , self.posseigiou.
814 is a rather, pretty, intelligent.looking„hthol- 7
haired Irish woman, ,of some twenty:lre years....
tier signature to 'Mrs; Stabler? -confession - short,'
that she has had a fair education; -- -
Miss ftidgely. le a pretty ,young woman ,
rently about eighteen. ger fatherlost hie life is
the Mezioiat'war. ;"She. &lie 'her - i'ittenee - witlV - '
out the alighteat:heeltetittY, z pause, 4 X 06 0 , MM.
for abput a minute a slight fainting fit passed-ever
THE GOURSTs
I
Reported for The P r - '
; .U N ITED :STII.I°I. Cuff:Um Coeik—JStdgei
arfar and Cabialadar.2.The Oise of °wisp : 7) ?Parrish' :
vs. Wm. D. Lewis, befdrersaportad, was. 00 Allaflas. ,
Atirdey.
Num Puxue- - Justice Read;-- , This - court *aa
pigigod ytateasy
Commo* 7PLTAB-4111ige. , 1440
ilicatlon for a venial, injetuotion to, reetran, the ,
indrekineri in - the abaft caserfrotaleaulttg steak' eartift-2„, ,
eates,east orgentaiwit, the enetirartrareetrawYCYCatiewburz;:'.. - 4
The atitdaviteprOduorkwant, to.alow.es, taintapiraay, tit
Irertalith trie , ,entasniwilhatbetheliketi,c,;;hirithe-Part.?"',l
oft the eiturnlatlotwolltrtilt "atittevitiletAier.l4l44,4,4:l
Oharlea,tlarlin, Barry Connelly, Nat. D. allay; Woe
Milhaud, Oharlos zwieter, rAnied AYroVei 'B. 'ROA?'
Potacen r W. W. Jarenii.: l, :kkeet t - JatePh -aaitorktr , "
John Ely, all of whom' denied 'any of ar
rangement to prevent eitlieba froro gmbscrlbing.t&.this"
stock. They reached the office. about b q'elock. in,the-
-
morning, et which time the stairway watt' not crowded,
At_ abautfltalf. past eight 'o'clookthe eononlmieinern,: -
orgenlaed, and et, 9 o'clock the president, Idr,
annonneed that -the contaiasionens were reed yto re.
naive subseraptiona, and the public came forward to nob. ,
aoribe. The wholeaunount of stock taken hylhe cont;,
miesionaralwitiao,loll4llareinetbi4o,ooo Marti. ViT•
"dollars.;the, share,
was _paid in at the time of mtbeeriF.
sod the whole amount-140.000.:—wu Itanded"_ to
,the Flnaioni Oonnwittetiorho depntetit in babk„Viii
stook lird all been enbenthodier when tax.hittchason
entered the room. "`"
The *Admits *ire read,. and Sheirves accruing.,
mule up to the b oar of adieurumeut.,-,igeredithiCup.,
ler; eletiurisie, end - autile% for the'Aximpli, neute; -
Webstar • G. EL ,Nyharton,,atid St. George T.
for eommleiiionerg. - .
Dins= •Olivar-- - - Judge Edwird
Dodge Cook Ira Edward W. Clark; wk° in:nbred liinaelt
W. Ellark, with whom tiwy.wer• lataly trading, &0.,
Thomaa o.ldayberri. •An action 'upon
. . .
" Sam - net D. Prentsell , and Oharler Prentsell, .late
trading, /ce., to the use of °bailie Prentzell; we, - John
Hallowell and Charles Halloweivtrieling, km. -411. ,
Action on book account, f goods sold and dellyered,
'at corn, The'defence allege paymen t
by certain bricks, which were furniehed to theyhkhltiff,
Jury out.
- James &move. Williain B. Thomas; An action upOrt
a promissory note. No defence. Verdict for the plain
tiff for $ll5 50.
Whitney vs Henry.. Before reported. An action ~
upon a bond and mortgage. Verdict for the plaintiff .
,for 56,254.29. '
- !DISTRICT 0017RTIldg0 ShalifiVOOff.—.lBa; '
Hicks and George Bell, trading, &e., TO. The Farmers!'
cud Mechanics' insurance Company. An *Mien upon
• policy of Insatenee:- Verdict for the plaintiff frr
Matthias B Morint, Stephen A. (}hens, trading, /to.,
U. Gyros L Oiderallader and JaisteeflLDewin. , -,an no
tion upon a promiasory note.= !TO'dtTOSIOIt. for
the plaintiff for $90.87: ,
William Fatten vs Wilittirn M (Impel andLotiwyeke
Warren. An _notion of, ejectment. .Verdiet for the,
, .
plaintiff. -
SLattbs letighead vs , William Dickey and Cain a kartl
net. An action to recover damages for injuries ads- ,
talned by the running of come water into' tha plaintiff's •
Geller. Jury out. .
Samuel 0, Frentsell and Charles Frentsell, late co.
partnersitiadlog, An., to use of Charles Prentsell vs.
Israel T. James. An action on a book account to re- ,
. • .
Cover for certain goods alleged to have been sold and
'delivered. Verdict kir the plaintiff for $1,645.27.
COMMON PLEAS—Judge Allison.--Ann
Brennen. Uenry OMNI. , An action Jo recover tor work
and labor done.- ,Tudgmant witbdrawo.
Jobn V:Heritage, et al W.- Marlon -Dyad.' A Una
lord a4d,tenant CllllO
~.to recover ueeeeesion ,of esti c nin
m edium under the ant Or 1830. . Yezditt for plao4-
Rlobard R. 0. Lovett vs. Aquila Raines. An action
to recover a penalty agatnet thedatendent; an aldermio s
for readying - , as alleged, Illegal fees. :Judgment nita
drawn. _
`, Spring Garden re. E. J. Penington. A kite holes
upon Icily claim. Verdict tor the plaintiff for $3..37.
Spring garden re. Gildersleeve. A wire fades upon
• city claim. Verdict for the plaintiff for $33.60. -
Spring Garden ye , /Arnett Taylor. A ecire Ethic upon
a city claim. Verdict for the defendant.
Spring Garden - ve. Peter Field. A ecire fantail upon A -
city eleim. Verdict for the plaintiff for $24 33 -
Spring Garden re. James iderper. A ;mire fides upon
A ally claim. Verdict-for the plaintiff f0r584.55. •
Ca , berine hfelden, edminietratrix of Muth Madden,
deceased, ye The Jelin!, Doyle Beneficial Society.' An -
action to recover benefits, alleged to be due the demi-
dent, mid expenses of burial. On trial. -
QUARTSB SESSIONS—:Judge .Thcimpsoti.—
The case of George'Patton and William Trent,- charged
with robbing Jacob Karatarer of $3,695.60 was on trial -
_
yesterday.
, .
,PARtIRLIA. wero - obServoir in the neighbor
hood of B'ostOtt on the afternotin of Saturday, April
2' .The Traveller says; ‘-` While the sun was
shining rather faintly through cirrus clouds;
luminous circle was suddenly formed at the die
tense from it of about fifteen degrees, and quite,
complete around it, although the prismatic) eaters,
were brighter in some parts of the circle than in
others; but, where brigh test i they appeared as bril
liant as 'in the finest rainbow .. Moreoyer, on the
north and on the south sides •of the Circle, at the
altitudeof tho sun, a well:defined mock sun was
seen, and on the upper part of the arch a third,
less perfect, but all strongly tinged with din - ceders
of the spectrum. This phonomehon (which 'con
tinued visible about fifteen minutes, until the stin•
became whollY overcast) is not very uncommon in •
some parts of the earth, but is seldom Been here." -
•-•
AN Aram FOOL blachatnitb, not
-far from Kinzie street bridge, -- nalled a horse shoe -
to the sidewalk in front of,his shop, and.retired to -
wait for bites. The first - man. - who. ammo-along
glanced into the shop to see if 'anybody was look-
trig; and then made a hurried grab for the iron.
Rfs finger nails came off rather the worse for the •
contact; and when he heard the laugh of the sons
of Vulcan within, he blasphemed - quite earnestly.,
A dozen or more repeated. his experiment during •
the morning, with the same unfortunate result. •
At upon, however; the proprietor of the shop want
to dinner, and one of his men took a hammer and .
knocked the shoe off. When the party reassens,
bled for the afternoon, lie drew .the shoe out of his.
pocket, remarking that he had found it in the
street, and sold it to the owner for ttoenty.floo
rents !—Claicag t o Press, April 2.
' ADDITIOir TO THE doors,a 01111 A THOUPE.,--
During the performance , of -"La Somnambriti,"
at the Metropolitan Theatre, lately; when Count
Rudolph°'first made his appearance, and. while
singing the beautiful baritone song—"Astview
those scenes so charming"—a mouse emergedlre - m
the cottage, the.dwellingof Amine, and advancing
to the footlights, turned and looked eteadily, , ag
enchanted, at the singer. , The `stranger
stood. his ground, notwithstanding Bernal attempto.
to scare bun off, and for a long time_reilated )4,4
'efforts of 'Alossio to drive him away. - The' *hide
scene looked so quissical that the, sindienee
performero bad to langhTat - thelpentatentiefforte of
the-musical =snag ta.Mailkttart:ita paragon on the
stage.—lnclianapofia-and.),Sentilyd.--: .. •
SEVENTY DOLLARS, _invested- by several
amazed - young ; men ,durixig . ,tioa. putt fall, and
winter,
,for tuition, hOoki„ - board, all expontia
in at the_ DOA Pity,College; Pittabargh, - ra.,
has siourid, for &groat - majority of them omplOy-,'
unfit thli - spring, at labia varying from $lO to PO
per month . - • •
A emus 'aortrn:r wasresonied 'to Edwin
Eolith, 'it ilia ;logo of the porformanoan; in TIM -
Clharloaton C.) Theatre, 9n tlaturdfl evinix*.•