WEBVTT - [FIXED] A Star-Spangled Murder

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<v Speaker 1>Lafayette Square in Washington, d C. Is an elegant public

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<v Speaker 1>park located across the street from the White House. It

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<v Speaker 1>has big, beautiful trees and several large statues. It's popular

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<v Speaker 1>with tourists and protesters, who often gather on the park

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<v Speaker 1>south edge, the one nearest the White House. This was

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<v Speaker 1>a quite different scene back in eighteen hundred. The park

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<v Speaker 1>was used as the staging ground for the construction of

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<v Speaker 1>the White House. They called it President's Park, and at

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<v Speaker 1>various times it was a zoo, a graveyard, a race track,

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<v Speaker 1>a slave market, even an encampment for soldiers. And on

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<v Speaker 1>one sunny winter day in eighteen fifty nine, Lafayette Park

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<v Speaker 1>was the site of one of the most significant murders

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<v Speaker 1>in American history. A sitting US congressman walks up to

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<v Speaker 1>a U S attorney in broad daylight. He fires several

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<v Speaker 1>shots at blank range. The prosecution later argued that the

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<v Speaker 1>shocking murder turned the idyllic square into a carnival of blood.

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<v Speaker 1>I mean literally, if it was an episode of House

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<v Speaker 1>of Guards, you wouldn't believe it, right, but it really happened,

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<v Speaker 1>you know, There's really nothing like it in American political history.

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<v Speaker 1>The author of the Star Spangled Banner, the nation's national anthem,

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<v Speaker 1>was a lawyer and amateur poet named Francis scott Key.

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<v Speaker 1>We all learned in school that he penned the poem

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<v Speaker 1>after he watched the British bombardment of Fort McHenry during

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<v Speaker 1>the War of eighteen twelve. He saw the American flag

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<v Speaker 1>still flying over the fort at dawned the next morning.

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<v Speaker 1>Francis scott Key's son was Barton Key, and he was

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<v Speaker 1>the attorney shot dead in Lafayette Square. His killer was

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<v Speaker 1>a crazed congressman from New York named Daniel Sickles. Sickles

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<v Speaker 1>lawyers employed a bold legal defense strategy. They argued he

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<v Speaker 1>was not guilty by reason of temporary and samity. This

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<v Speaker 1>season of The Thread unravels the complicated history of the

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<v Speaker 1>insanity defense to recap our threads so far. Episode one

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<v Speaker 1>was the story of James Holmes, the young man who

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<v Speaker 1>opened fire on a Colorado movie theater. In Holmes has

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<v Speaker 1>pleaded not guilty by reason of insanity. Doctors diagnosed Homes

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<v Speaker 1>with a mental illness, but the jury decided he was

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<v Speaker 1>legally sane and therefore guilty of his crimes. That verdict

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<v Speaker 1>was in part the product of growing public skepticism about

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<v Speaker 1>the insanity defense, a skepticism fueled by the acquittal of

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<v Speaker 1>earlier defendants like Lorraino Bobbitt. From episode two. It was

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<v Speaker 1>a story about a woman who said that her husband

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<v Speaker 1>had been abusing her in terrible, horrific ways for a

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<v Speaker 1>year is and she did something horrible. Bobby admitted to

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<v Speaker 1>cutting off her husband's penis, but a jury found her

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<v Speaker 1>not guilty by reason of insanity. John Hinckley Jr. Tried

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<v Speaker 1>to kill the President of the United States in he

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<v Speaker 1>was acquitted on similar grounds, an outcome that shocked the

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<v Speaker 1>public and changed the law. And there were congressional hearings

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<v Speaker 1>about the insanity defense and then uh reconsiderations around the country.

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<v Speaker 1>And that short of it was that in the half

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<v Speaker 1>decade after the Hinckley trial uh the insanity defense was

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<v Speaker 1>reformed in and thirty eight states. The American public and

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<v Speaker 1>the legal system were more open to insanity please prior

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<v Speaker 1>to Hinckley. One of the best examples of that was

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<v Speaker 1>the landmark trial of Harry kay Thaw, the Pittsburgh millionaire

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<v Speaker 1>who murdered the wealthy architect Stanford White in a fit

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<v Speaker 1>of rage back in nineteen o six, Harry Thaw's high

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<v Speaker 1>paid lawyers had a plan. They came up with the

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<v Speaker 1>term of a brainstorm, that Harry was suffering from a

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<v Speaker 1>temporary brainstorm. The temporary brainstorm defense worked in part because

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<v Speaker 1>of another case almost half a century earlier, the first

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<v Speaker 1>in America to invoke the temporary insanity defense, the case

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<v Speaker 1>of Congressman Dan Sickles and his horrific Act in Lafayette

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<v Speaker 1>Park in eighteen fifty nine. I've often referred to Dan

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<v Speaker 1>Sickles as kind of a combination of Donald Trump, Anthony Weener,

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<v Speaker 1>and O. J. Simpson. James Hessler is a historian, a

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<v Speaker 1>battlefield guide at Gettysburg National Military Park, and the author

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<v Speaker 1>of Sickles at Gettysburg. I use that analogy for many years,

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<v Speaker 1>and people used to laugh. But now with the political

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<v Speaker 1>aspects of it, they kind of got uncomfortable with the

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<v Speaker 1>Trump comparison. But the idea was, you know, Dan Sickles

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<v Speaker 1>was a larger than life, brash New Yorker. Like Donald Trump,

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<v Speaker 1>Sickles came from a well heeled New York family. He

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<v Speaker 1>was born in eighteen nineteen in New York City, uh

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<v Speaker 1>to fairly prosperous parents, and I think it's kind of

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<v Speaker 1>an only cho old. He was spoiled, he was rebellious,

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<v Speaker 1>and you know, he never really grew up. The young

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<v Speaker 1>Sickles tried his hand at the printing trade, but eventually

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<v Speaker 1>settled on a career as a lawyer and then as

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<v Speaker 1>a politician. Sickles was elected to the New York State

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<v Speaker 1>Assembly in eighteen forty seven. At the age of thirty three,

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<v Speaker 1>Sickles fell in love with a woman less than half

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<v Speaker 1>his age, a fifteen year old named Teresa Baggioli. Teresa

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<v Speaker 1>was young, but she was mature beyond her years, precocious, refined,

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<v Speaker 1>she spoke five languages. They married and settled down in

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<v Speaker 1>New York. Sickles ran for Congress a few years later,

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<v Speaker 1>so in eighteen fifty six he's elected to Congress. Dan

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<v Speaker 1>and Teresa and their young daughter moved to uh to Washington,

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<v Speaker 1>d C. And they end up setting up household on

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<v Speaker 1>fashionable Lafayette Square, which was and still is immediately behind

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<v Speaker 1>the White House. It was in Washington the Dan and

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<v Speaker 1>Theresa met the handsome man who would change their lives forever.

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<v Speaker 1>Francis Scott Key was nominated to be the U S

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<v Speaker 1>attorney for the District of Columbia, twenty years after he

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<v Speaker 1>wrote The Star Spangled Banner. His son, Philip barton Key,

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<v Speaker 1>also known as Barton Key, later served in that same position.

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<v Speaker 1>Philip barton Key seems to have differed from his father

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<v Speaker 1>in a couple of ways, uh significantly. Philip barton Key

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<v Speaker 1>was a more of a shall we say, a ladies

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<v Speaker 1>man and less studious than his father was. By the

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<v Speaker 1>time Dan and Theresa Sickles arrived in Washington in eighteen

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<v Speaker 1>fifty seven, Barton Key was a thirty eight year old

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<v Speaker 1>widower with four children with a well established reputation. While

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<v Speaker 1>he was a district attorney in Washington, he seemed to

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<v Speaker 1>be quite a favorite on the Washington social circuit. Would

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<v Speaker 1>often attend parties again, a great favorite of all of

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<v Speaker 1>the single women in in society, and uh just considered

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<v Speaker 1>an all around player. Key was a tall lawyer with

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<v Speaker 1>a mustache. He looked like a sandy haired version of

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<v Speaker 1>the actor Kevin Klein. One prominent DC hostess described him

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<v Speaker 1>as the handsomest man in all of Washington society and

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<v Speaker 1>uh it was said that he once reportedly bragged that

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<v Speaker 1>he only needed thirty six hours with any woman to

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<v Speaker 1>get her to do whatever he wanted. So, you know,

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<v Speaker 1>I kind of think, is is the guys really a professional?

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<v Speaker 1>Rake the Dapper Key attended an inaugural ball for President

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<v Speaker 1>James Buchanan in eighteen fifty seven. That's where he met

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<v Speaker 1>the beautiful wife of New York's newest congressman. It was

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<v Speaker 1>the beginning of the end for Barton Key. You know,

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<v Speaker 1>people off in portrait Ky as a victim, but yeah,

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<v Speaker 1>you know Key, you could kind of argue was a

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<v Speaker 1>little bit of a scumbag too, And I think, uh,

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<v Speaker 1>just sort of getting his his scoundrel le personality out

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<v Speaker 1>in the open um, you know, kind of helps people, uh,

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<v Speaker 1>you know, get a better understanding that this might be

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<v Speaker 1>one of those stories where there really are no good guys.

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<v Speaker 1>Barton Key got to no Congressman Sickles first, and the

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<v Speaker 1>congressman helped him. Key was worried that President Buchanan would

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<v Speaker 1>appoint someone else to his position as DC's top prosecutor.

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<v Speaker 1>Sickles and Keys seemed to have kind of gotten together

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<v Speaker 1>through some card games and social circles, and the two

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<v Speaker 1>men took a liking to each other. Sickles helped Key

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<v Speaker 1>retain his position as as district attorney. Teresa Sickles maintained

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<v Speaker 1>a very busy social calendar as the wife of a congressman.

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<v Speaker 1>She hosted weekly dinners for guests at their Lafayette Square home.

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<v Speaker 1>She was invited to countless social gatherings and parties, ones

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<v Speaker 1>that her husband often could not attend, And it was

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<v Speaker 1>not uncommon for eligible bachelor's to somewhat platonically escort married women,

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<v Speaker 1>you know, wives of friends and that sort of thing,

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<v Speaker 1>to these parties. Perhaps no bachelor was more eligible than

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<v Speaker 1>Barton Key. So at some point, while Nickles is away,

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<v Speaker 1>he starts escorting Teresa to parties. Uh. It quickly seems

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<v Speaker 1>to develop into some romantic escapades between Key and Teresa.

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<v Speaker 1>The two of them, they're they're meeting at parties, They're

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<v Speaker 1>often seen leaving together. Uh. And more and more people

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<v Speaker 1>start to say these two around Washington, d C. At

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<v Speaker 1>all hours of the day in the night. The Torrent

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<v Speaker 1>affair raged throughout eighteen fifty eight in rented apartments, on

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<v Speaker 1>parlor sofas, even in secluded portions of the old Congressional Cemetery.

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<v Speaker 1>After one fancy costume ball, Teresa dressed his little red

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<v Speaker 1>riding Hood was seen entering a carriage at two am

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<v Speaker 1>with Key clad as an English huntsman. Their coach driver

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<v Speaker 1>was instructed to drive around Washington. As the affair continued,

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<v Speaker 1>the two levers started to get reckless. Key decides he's

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<v Speaker 1>going to rent a house a few blocks away from

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<v Speaker 1>Laffiette Square, and this is where Key and Teresa's start

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<v Speaker 1>having rendezvous in this, in this rented sort of love shack,

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<v Speaker 1>he usually turned up first at the love nest. He

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<v Speaker 1>placed a white ribbon or towel in the shutters of

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<v Speaker 1>the upstairs window as a signal to Teresa, who could

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<v Speaker 1>see the window from her own across the square. Teresa

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<v Speaker 1>arrived and entered at the back door. People started to notice.

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<v Speaker 1>On the evening of February eighteen fifty nine, it all

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<v Speaker 1>comes crashing down on Key. After dinner that night, Sickles

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<v Speaker 1>retires to his study and he opens up the evening mail,

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<v Speaker 1>and one of the things he's received in the mail

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<v Speaker 1>is an anonymous letter, Dear sir. The letter began with

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<v Speaker 1>deep regret, I enclose your address a few lines, but

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<v Speaker 1>an indispensable duty compels me so to do, seeing that

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<v Speaker 1>you are greatly imposed upon. It's pretty graphics stuff for

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<v Speaker 1>the eighteen fifties. Um. It talks about how you know

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<v Speaker 1>your wife and key, who is no gentleman. You know

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<v Speaker 1>that two of them have been spotted going into this

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<v Speaker 1>rented house, and uh, you know, Mr Sickles, I assure

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<v Speaker 1>you that he has more use of your wife than

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<v Speaker 1>you have. Those are tough words for any husband to read,

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<v Speaker 1>even one with a mild manner in a gentle disposition.

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<v Speaker 1>Dan Sickles had neither, but he was an experienced lawyer.

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<v Speaker 1>Sickles probe into his wife, Theresa's affair with Barton Key

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<v Speaker 1>was both prompt and thorough. Sickles spends the next day

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<v Speaker 1>or so kind of investigating, sends some friends around to

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<v Speaker 1>the neighborhood where the love shack is, and pretty much

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<v Speaker 1>confirms that, yes, you know, the rumors are true. Sickles

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<v Speaker 1>confronted Teresa about the affair. He even extracted a written

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<v Speaker 1>confession from her on the spot. She pretty much spells

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<v Speaker 1>it all out. You know, she says, I did what

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<v Speaker 1>is normal for a wicked woman to do. But of

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<v Speaker 1>course her lover, Barton Key, had no idea that the

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<v Speaker 1>game was up, and as it turned out, Keith's fate

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<v Speaker 1>like his poet father's fame, hinged on a cloth, waving

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<v Speaker 1>in the breeze. Up next, How an American Congressman Got

0:12:13.559 --> 0:12:30.360
<v Speaker 1>Away with Murder. Don't miss the CBS All Access original

0:12:30.440 --> 0:12:33.360
<v Speaker 1>series that will make you ask yourself, what dimension are you?

0:12:33.400 --> 0:12:36.760
<v Speaker 1>Even in stream The Twilight Zone. Hosted and narrated by

0:12:36.800 --> 0:12:39.880
<v Speaker 1>Academy Award winner Jordan Peel and a role made famous

0:12:39.920 --> 0:12:43.960
<v Speaker 1>by the classic show's creator Rod Serling, The mind bending

0:12:44.000 --> 0:12:47.520
<v Speaker 1>reimagining will take you through the genres of sci fi, horror,

0:12:47.520 --> 0:12:52.280
<v Speaker 1>and fantasy to explore humanities, hopes, fears, prides, and prejudices

0:12:52.559 --> 0:12:56.400
<v Speaker 1>in ways you've never thought possible until now. Not only

0:12:56.400 --> 0:12:58.280
<v Speaker 1>does The Twilight Zone offer a new take on a

0:12:58.280 --> 0:13:02.120
<v Speaker 1>television classic, it also features an all star cast including

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<v Speaker 1>Seth Rogan, Adam Scott, John cho Greg Kneer, Alison Toleman,

0:13:07.320 --> 0:13:11.040
<v Speaker 1>Jacob Tremblay and Moore into a new dimension not only

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<v Speaker 1>of sight and sound, but of mind. The Twilight Zone

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<v Speaker 1>is now streaming exclusively on CBS all Access, new episodes

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<v Speaker 1>every Thursday. Cross over into another dimension. Visit CBS dot

0:13:22.880 --> 0:13:26.400
<v Speaker 1>com slash thread t z to redeem your free trial

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<v Speaker 1>today that CBS dot com slash thread t z to

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<v Speaker 1>redeem your free trial of CBS All Access. Dan Sickles

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<v Speaker 1>was tough, but he could get quite emotional at times. Once,

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<v Speaker 1>when a friend of his passed away, Sickles wept uncontrollably

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<v Speaker 1>at the funeral. One witness said that the future congressman

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<v Speaker 1>raved tore up and down the graveyard, shrieking his grief

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<v Speaker 1>so aggravating that the other mourners worried his mind would

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<v Speaker 1>entirely give way. Sickles ten minute outburst led to his

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<v Speaker 1>removal from the cemetery. One of Sickles's friends put it,

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<v Speaker 1>mild lee. Dan was subject to very sudden emotions. Sickles

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<v Speaker 1>was inconsolable after Theresa confessed her affair with Barton Key

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<v Speaker 1>James Hessler again. People who see him over that one

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<v Speaker 1>to two day period just say that Sickles looks like

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<v Speaker 1>a wild man. One person said, you know, I saw

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<v Speaker 1>him on the streets and he looked like he was

0:14:22.800 --> 0:14:26.720
<v Speaker 1>gonna kill every man, woman and child that he came across.

0:14:27.520 --> 0:14:30.040
<v Speaker 1>Another friends said, you know that he saw Sickles in

0:14:30.080 --> 0:14:32.440
<v Speaker 1>the you know, in one of the offices in Congress,

0:14:32.440 --> 0:14:36.400
<v Speaker 1>and Sickles emotionally flung himself onto his sofa and you know,

0:14:36.480 --> 0:14:39.480
<v Speaker 1>buried his head in the pillow and and started crying.

0:14:40.240 --> 0:14:43.280
<v Speaker 1>That weekend, Sickles retreated to the sanctuary of his home

0:14:43.320 --> 0:14:50.400
<v Speaker 1>on Lafayette Square. Sunday, February seven is a beautiful spring day. Uh,

0:14:50.560 --> 0:14:53.200
<v Speaker 1>temperatures are about fifty four degrees, you know, the kind

0:14:53.200 --> 0:14:55.240
<v Speaker 1>of spring day that uh, you know, you see in

0:14:55.320 --> 0:15:01.920
<v Speaker 1>Washington sometimes, and Sickles is still very emotionally distraught. Again.

0:15:01.960 --> 0:15:05.120
<v Speaker 1>The household servants would later say that they could, you know,

0:15:05.160 --> 0:15:09.920
<v Speaker 1>they could hear him crying, groaning, moaning, you know, just

0:15:09.960 --> 0:15:13.720
<v Speaker 1>as sobs are kind of carrying throughout the house. Some

0:15:13.800 --> 0:15:16.720
<v Speaker 1>of Sickle's closest friends came by the house to console him.

0:15:17.080 --> 0:15:18.800
<v Speaker 1>One of them was an old New York friend named

0:15:18.800 --> 0:15:22.320
<v Speaker 1>Sam Butterworth. Sickles ranted to his friend, I am a

0:15:22.360 --> 0:15:25.720
<v Speaker 1>dishonored and ruined man. He was worried that once word

0:15:25.720 --> 0:15:28.840
<v Speaker 1>of the affair got around town, his reputation and his

0:15:28.880 --> 0:15:33.600
<v Speaker 1>political career would be destroyed. Finally, at some point, Sickles

0:15:33.680 --> 0:15:37.520
<v Speaker 1>looks out the window, sees Key out there, and Sickles

0:15:37.560 --> 0:15:39.960
<v Speaker 1>kind of just exclaims, you know, my god, that villain,

0:15:40.040 --> 0:15:43.560
<v Speaker 1>that bastard has just past my house. Uh, this is horrible.

0:15:43.680 --> 0:15:46.040
<v Speaker 1>The whole town is going to know about this. You know,

0:15:46.080 --> 0:15:49.160
<v Speaker 1>I'm gonna be disgraced. I'm going to be humiliated. Barton

0:15:49.240 --> 0:15:51.680
<v Speaker 1>Key started that Sunday morning with a shave and a

0:15:51.720 --> 0:15:54.600
<v Speaker 1>hair trim and a d C barbershop. He then walked

0:15:54.680 --> 0:15:58.600
<v Speaker 1>up Pennsylvania Avenue towards Lafayette Square. Key too received an

0:15:58.640 --> 0:16:02.120
<v Speaker 1>anonymous letter arning him that Dan Sickles knew about the affair.

0:16:02.600 --> 0:16:05.840
<v Speaker 1>It didn't keep him from Lafayette Square. The anxious DC

0:16:05.960 --> 0:16:09.320
<v Speaker 1>attorney proud the park for two hours, hoping to catch

0:16:09.360 --> 0:16:11.960
<v Speaker 1>a glimpse of his beloved or a signal from her

0:16:12.280 --> 0:16:16.239
<v Speaker 1>that she could meet him. While Walt Sickles and Butterworth

0:16:16.480 --> 0:16:20.560
<v Speaker 1>are you know, thinking about what they're gonna do. Key meanwhile,

0:16:21.040 --> 0:16:25.640
<v Speaker 1>is strolling through Lafayette Park waiting for Teresa to come

0:16:25.640 --> 0:16:28.200
<v Speaker 1>out and play, and so he's kind of going. Key

0:16:28.360 --> 0:16:30.760
<v Speaker 1>is kind of going back and forth in front of

0:16:30.760 --> 0:16:35.080
<v Speaker 1>the Sickles house. Then the Sickles dog, an Italian greyhound

0:16:35.120 --> 0:16:38.480
<v Speaker 1>named Dandy, catches side of his favorite gentleman caller and

0:16:38.600 --> 0:16:42.120
<v Speaker 1>rushes into the square to greet him. Barton Key pulls

0:16:42.120 --> 0:16:44.280
<v Speaker 1>out a white handkerchief and whirls it at the dog.

0:16:44.760 --> 0:16:47.040
<v Speaker 1>Maybe it's meant to be a signal to Teresa as well.

0:16:47.640 --> 0:16:51.040
<v Speaker 1>Whatever the reason, keys waving white banner gave proof through

0:16:51.040 --> 0:16:53.960
<v Speaker 1>the afternoon that the adulterer was still there. You can

0:16:54.000 --> 0:16:57.200
<v Speaker 1>imagine the fireworks display that follows when Sickles sees the

0:16:57.200 --> 0:17:02.120
<v Speaker 1>handsomest man in Washington society outside his The enraged congressman

0:17:02.360 --> 0:17:06.280
<v Speaker 1>heads for the door, but before Sickles leaves the house,

0:17:06.760 --> 0:17:10.879
<v Speaker 1>he throws on an overcoat and he puts a a

0:17:10.960 --> 0:17:15.280
<v Speaker 1>revolver into Derringer's in his code pocket and follows behind

0:17:15.320 --> 0:17:18.800
<v Speaker 1>Butterworth As they go into a offi at square, Sickles

0:17:18.880 --> 0:17:21.720
<v Speaker 1>charges towards key. He calls out a phrase that sounds

0:17:21.800 --> 0:17:24.800
<v Speaker 1>ripped from a theatrical drama. He says, your scoundrel, you've

0:17:24.800 --> 0:17:29.000
<v Speaker 1>dishonored my house and you must die. Uh. Sickles pulls

0:17:29.040 --> 0:17:32.000
<v Speaker 1>out one of his guns and the first shot only

0:17:32.080 --> 0:17:34.840
<v Speaker 1>graze his key, but he realizes that he's in trouble

0:17:34.840 --> 0:17:38.160
<v Speaker 1>at this point, shouts murder, tries to get the attention

0:17:38.200 --> 0:17:40.440
<v Speaker 1>of you know again, probably at least six or seven

0:17:40.480 --> 0:17:43.080
<v Speaker 1>people who are who are nearby and watching all of

0:17:43.080 --> 0:17:46.240
<v Speaker 1>this um and there's a struggle, and while they're struggling,

0:17:46.480 --> 0:17:48.920
<v Speaker 1>maybe puts Sickles in some kind of bear hug. But

0:17:49.040 --> 0:17:51.679
<v Speaker 1>Sickles breaks free from the bear hug and then pulls

0:17:51.680 --> 0:17:54.720
<v Speaker 1>out another gun. Key at this point again shouts, you know,

0:17:54.800 --> 0:17:57.840
<v Speaker 1>don't murder me. Then Key reaches into his pocket. Is

0:17:57.840 --> 0:18:00.400
<v Speaker 1>he gonna pull out a gun? No, all he's got

0:18:00.520 --> 0:18:03.199
<v Speaker 1>is a pair of opera glasses, So he throws the

0:18:03.280 --> 0:18:08.280
<v Speaker 1>opera glasses harmlessly at Sickles, all the time kind of

0:18:08.320 --> 0:18:11.640
<v Speaker 1>shouting you know, don't murder me, don't shoot, But Dan

0:18:11.720 --> 0:18:14.919
<v Speaker 1>Sickles shows no mercy for the man who has dishonored him.

0:18:15.160 --> 0:18:19.000
<v Speaker 1>Sickles gets off a second shot, uh, and this one

0:18:19.119 --> 0:18:24.720
<v Speaker 1>basically hits Key around the groin. He gasps, He staggers,

0:18:24.760 --> 0:18:27.439
<v Speaker 1>you know, I'm shot, and he starts to starts to

0:18:27.440 --> 0:18:30.199
<v Speaker 1>slump down to the ground. Sickles puts the gun up

0:18:30.200 --> 0:18:34.600
<v Speaker 1>the key point blank, It misfires, puts it the keys

0:18:34.720 --> 0:18:39.080
<v Speaker 1>chest and basically fires point blank in the keys chest

0:18:39.560 --> 0:18:46.000
<v Speaker 1>near his heart. That's the fatal shot. Sickle stands over

0:18:46.000 --> 0:18:49.320
<v Speaker 1>his wounded prey. The congressman mutters over and over, he

0:18:49.320 --> 0:18:52.640
<v Speaker 1>has violated my bed, He has violated my bed as

0:18:52.640 --> 0:18:56.040
<v Speaker 1>the blood runs out of the dying Barton Key. Obviously

0:18:56.240 --> 0:19:01.639
<v Speaker 1>immediately this is the talk of Washington. A young page

0:19:01.720 --> 0:19:04.400
<v Speaker 1>goes into the White House and says, the President of Buchanan,

0:19:04.480 --> 0:19:07.439
<v Speaker 1>you know you're not gonna believe what happened. Sickles just

0:19:07.560 --> 0:19:11.159
<v Speaker 1>shock Key. Souvenir hunters cut pieces of wood from the

0:19:11.200 --> 0:19:14.719
<v Speaker 1>tree close to where Key fell in Lafayette Square. Artists

0:19:14.720 --> 0:19:17.000
<v Speaker 1>from the newspapers set up their easels to paint the

0:19:17.040 --> 0:19:20.160
<v Speaker 1>scene of the crime. Dan Sickles was placed in a cold,

0:19:20.240 --> 0:19:23.159
<v Speaker 1>damp cell in the city jail. He reportedly asked the

0:19:23.200 --> 0:19:25.800
<v Speaker 1>warden if there was a chance of getting better accommodations.

0:19:26.200 --> 0:19:29.080
<v Speaker 1>The warden replied, this is the best place you members

0:19:29.080 --> 0:19:33.080
<v Speaker 1>of Congress have afforded us. Meanwhile, news of the murder

0:19:33.119 --> 0:19:37.560
<v Speaker 1>continued to spread. Once that gets out, public opinion and

0:19:37.640 --> 0:19:44.000
<v Speaker 1>the newspapers are almost unanimously in sickles favor. Uh you know,

0:19:44.080 --> 0:19:47.640
<v Speaker 1>the idea is that, uh, you know, you just don't

0:19:47.640 --> 0:19:50.719
<v Speaker 1>do that in eighteen fifties society. I mean, you just

0:19:50.800 --> 0:19:54.399
<v Speaker 1>didn't sleep with another guy's wife and and expect to

0:19:54.440 --> 0:19:57.639
<v Speaker 1>get away with it. But the bigger question, of course,

0:19:57.760 --> 0:20:00.119
<v Speaker 1>was could you kill your wife's lover and get away

0:20:00.160 --> 0:20:04.520
<v Speaker 1>with it. Up next, the perilous courtroom fight that captivated

0:20:04.560 --> 0:20:07.679
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0:20:19.720 --> 0:20:22.080
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0:20:22.119 --> 0:20:23.920
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0:20:28.400 --> 0:20:31.400
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0:20:54.280 --> 0:20:56.960
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0:21:37.720 --> 0:21:40.720
<v Speaker 1>Congressman Dan Sickles was charged with the murder of Barton Key.

0:21:40.760 --> 0:21:44.000
<v Speaker 1>A trial was set for April eighteen fifty nine. There's

0:21:44.000 --> 0:21:47.840
<v Speaker 1>a lot of parallels between what happens to UH Sickles

0:21:47.880 --> 0:21:50.400
<v Speaker 1>in the eighteen fifties and you know O. J. Simpson

0:21:50.880 --> 0:21:53.840
<v Speaker 1>during our time, like the importance of a big time lawyer,

0:21:54.320 --> 0:21:59.080
<v Speaker 1>ideally many big time lawyers. The first thing the Congressman

0:21:59.160 --> 0:22:04.200
<v Speaker 1>Sickles is he assembles a legal dream team. Um. Now,

0:22:04.240 --> 0:22:07.800
<v Speaker 1>the dream team today is best known for the presence

0:22:08.280 --> 0:22:12.600
<v Speaker 1>of future Secretary of War Edwin Stanton, but Stanton actually

0:22:12.640 --> 0:22:15.359
<v Speaker 1>was not the lead attorney for that. Sickles engaged a

0:22:15.359 --> 0:22:18.720
<v Speaker 1>brilliant lawyer from his hometown of New York, James T. Brady.

0:22:19.119 --> 0:22:21.480
<v Speaker 1>Brady at one time had been the city's district attorney.

0:22:21.600 --> 0:22:24.440
<v Speaker 1>At age eight, he had been offered the position of

0:22:24.560 --> 0:22:28.159
<v Speaker 1>U S Attorney General. Brady was beyond proficient and almost

0:22:28.200 --> 0:22:31.320
<v Speaker 1>any area of the law. He had supposedly won fifty

0:22:31.320 --> 0:22:34.840
<v Speaker 1>one out of fifty two murder trials. So with with

0:22:34.920 --> 0:22:37.879
<v Speaker 1>Brady and the lead and then Edwin Stanton Uh and

0:22:37.920 --> 0:22:42.080
<v Speaker 1>some other New York attorneys, Sickles comes into court. Uh,

0:22:42.200 --> 0:22:45.159
<v Speaker 1>you know, ready for action. Sickle's all star group of

0:22:45.240 --> 0:22:47.840
<v Speaker 1>lawyers knew that their client was in great legal peril.

0:22:48.320 --> 0:22:52.000
<v Speaker 1>Sickles shot an unarmed man multiple times in broad daylight

0:22:52.320 --> 0:22:55.800
<v Speaker 1>in front of dozens of bystanders. He ignored his victims

0:22:55.840 --> 0:22:59.960
<v Speaker 1>repeated pleas for mercy. The congressman would hang unless sickle

0:23:00.160 --> 0:23:03.479
<v Speaker 1>legal team could come up with a stellar defense. Sickles

0:23:03.560 --> 0:23:07.520
<v Speaker 1>lead attorney, James Brady, was fascinated by issues of insanity

0:23:07.680 --> 0:23:10.960
<v Speaker 1>and invoked the defense at permanent insanity and other trials.

0:23:11.560 --> 0:23:15.400
<v Speaker 1>But no lawyer in America, including Brady, had ever attempted

0:23:15.440 --> 0:23:20.040
<v Speaker 1>a plea of temporary insanity. The much anticipated trial was

0:23:20.080 --> 0:23:22.879
<v Speaker 1>held at City Hall, where Barton Key had worked just

0:23:22.960 --> 0:23:26.680
<v Speaker 1>a few months before. The courtroom was packed. The accused

0:23:26.720 --> 0:23:30.280
<v Speaker 1>Congressman Dan Sickles was placed in the dock, a cage

0:23:30.320 --> 0:23:33.399
<v Speaker 1>like area that one observer described as a chicken coop

0:23:33.520 --> 0:23:36.960
<v Speaker 1>with a chair placed inside it. Sickles pled not guilty.

0:23:37.480 --> 0:23:41.240
<v Speaker 1>His arsenal of top attorneys was opposed by a single

0:23:41.320 --> 0:23:47.800
<v Speaker 1>government lawyer. Prosecution is one man, basically a man by

0:23:47.840 --> 0:23:51.359
<v Speaker 1>an attorney by the name of Robert Old, who was uh,

0:23:51.359 --> 0:23:55.720
<v Speaker 1>Philip Barton Key's assistant. Uh. He basically gets a battlefield

0:23:55.760 --> 0:23:59.080
<v Speaker 1>promotion when his boss is killed. Uh. And now Old

0:23:59.200 --> 0:24:02.200
<v Speaker 1>is going to have to pro secued his his boss's killer.

0:24:02.680 --> 0:24:04.480
<v Speaker 1>So right off the bat, you get, you get the

0:24:04.520 --> 0:24:10.320
<v Speaker 1>sense of the prosecution is badly outmatched. The prosecution argued

0:24:10.400 --> 0:24:13.760
<v Speaker 1>Sickles was quote moved and seduced by the instigation of

0:24:13.800 --> 0:24:17.440
<v Speaker 1>the devil to murder his helpless victim on the Sabbath. Key,

0:24:17.480 --> 0:24:21.080
<v Speaker 1>they claimed, was unarmed, whereas his assailant was a walking

0:24:21.160 --> 0:24:26.920
<v Speaker 1>magazine who wore a convenient overcoat on an inconveniently warm day. Meanwhile,

0:24:27.280 --> 0:24:30.679
<v Speaker 1>Sickle's dream team went on the offensive. They focused on

0:24:30.800 --> 0:24:35.359
<v Speaker 1>barton Keys conduct. The defense immediately trots out forty three

0:24:35.359 --> 0:24:39.080
<v Speaker 1>witnesses who knew about the affair, and so they just

0:24:39.119 --> 0:24:42.359
<v Speaker 1>start pointing one person on the stand after the other.

0:24:42.440 --> 0:24:44.840
<v Speaker 1>Did you know they were sleeping together? Did you see it?

0:24:45.040 --> 0:24:49.160
<v Speaker 1>Stanton talks about Keys supposedly dragging Teresa day by day

0:24:49.200 --> 0:24:53.000
<v Speaker 1>through the streets, you know, to gratify his lost um,

0:24:53.000 --> 0:24:56.119
<v Speaker 1>and that she's one step above prostitution at this point,

0:24:56.720 --> 0:24:59.560
<v Speaker 1>so they're really laying it on thick The result was

0:24:59.600 --> 0:25:02.120
<v Speaker 1>that when Pickles learned about his wife's affair and saw

0:25:02.200 --> 0:25:06.320
<v Speaker 1>her lover outside his window, his mind became diseased. According

0:25:06.359 --> 0:25:09.240
<v Speaker 1>to the defense, and they argued that if Sickles quote

0:25:09.560 --> 0:25:12.280
<v Speaker 1>labored under insanity at the time of the commission of

0:25:12.280 --> 0:25:16.679
<v Speaker 1>the acting question, it would leave him legally unaccountable. The

0:25:16.800 --> 0:25:24.440
<v Speaker 1>case is remembered as the first temporary insanity defense. Sickle's

0:25:24.520 --> 0:25:28.120
<v Speaker 1>lead attorney, James Brady, invoked another insanity case to make

0:25:28.160 --> 0:25:32.600
<v Speaker 1>his argument, a case from another country, England, the McNaughton case.

0:25:33.200 --> 0:25:36.600
<v Speaker 1>Daniel McNaughton was an unstable woodcutter who tried to murder

0:25:36.600 --> 0:25:39.280
<v Speaker 1>the British Prime Minister under the delusion that he was

0:25:39.320 --> 0:25:44.040
<v Speaker 1>being politically persecuted. McNaughton was acquitted by reason of being insane.

0:25:44.960 --> 0:25:49.359
<v Speaker 1>McNaughton's delusions, unlike Dan Sickle's jealous rage, persisted over a

0:25:49.359 --> 0:25:53.320
<v Speaker 1>long period of time, but James Brady argued the principle

0:25:53.359 --> 0:25:56.359
<v Speaker 1>should be the same. What mattered was whether the defendant

0:25:56.359 --> 0:25:59.680
<v Speaker 1>was mentally unsound at the time he committed the acting question.

0:26:00.720 --> 0:26:03.399
<v Speaker 1>It proved to be a winning argument, and America didn't

0:26:03.400 --> 0:26:06.200
<v Speaker 1>get to see a congressman hanged. The jury has only

0:26:06.240 --> 0:26:10.320
<v Speaker 1>gone for seventy minutes. Daniel Edgar Sickles was found not guilty.

0:26:10.680 --> 0:26:16.080
<v Speaker 1>The courtroom goes berserk. You know, there's pandemonium. Everybody is celebrating.

0:26:16.280 --> 0:26:20.359
<v Speaker 1>People are ripping clothes off of Sickles for souvenirs. But

0:26:20.440 --> 0:26:23.440
<v Speaker 1>they get him out of there. Sickles was free to

0:26:23.480 --> 0:26:26.720
<v Speaker 1>go and remain in Congress. Hundreds would join him at

0:26:26.720 --> 0:26:30.240
<v Speaker 1>a victory party that evening. The success of sickles Temporary

0:26:30.240 --> 0:26:33.680
<v Speaker 1>Insanity Plea also ushered in a new legal era. As

0:26:33.680 --> 0:26:36.120
<v Speaker 1>one of Sickles's dream team put it to the press,

0:26:36.280 --> 0:26:40.320
<v Speaker 1>an honest, upright, and intelligent American jury has established a

0:26:40.359 --> 0:26:44.800
<v Speaker 1>precedent which all civilized nations should henceforth recognize and be

0:26:44.880 --> 0:26:49.480
<v Speaker 1>guided by. What happened next in the life of Dan

0:26:49.560 --> 0:26:53.200
<v Speaker 1>Sickles is really worthy of its own thread. First, he

0:26:53.320 --> 0:26:56.800
<v Speaker 1>became an outcast in Congress, so he does not run

0:26:56.840 --> 0:26:59.960
<v Speaker 1>for re election, which is ultimately going to you know,

0:27:00.119 --> 0:27:02.720
<v Speaker 1>leave him back in New York practicing law as a

0:27:02.760 --> 0:27:06.040
<v Speaker 1>private citizen. When the American Civil War starts in the

0:27:06.080 --> 0:27:09.040
<v Speaker 1>spring of eighteen sixty one, I was saying a lot

0:27:09.080 --> 0:27:11.399
<v Speaker 1>of ways. The American Civil War comes along at the

0:27:11.440 --> 0:27:14.399
<v Speaker 1>perfect time for Dan Sickles. Because he needs a new career,

0:27:15.119 --> 0:27:17.040
<v Speaker 1>and because he was never hanged for the murder of

0:27:17.080 --> 0:27:20.440
<v Speaker 1>Barton Key, Dan Sickles was free to play another role

0:27:20.480 --> 0:27:23.399
<v Speaker 1>on the stage of history, this time at the Battle

0:27:23.440 --> 0:27:29.080
<v Speaker 1>of Gettysburg in eighteen sixty three. By that point in

0:27:29.119 --> 0:27:31.800
<v Speaker 1>the war, Sickles in the commanding General of the Army

0:27:31.800 --> 0:27:35.200
<v Speaker 1>of the Potomac, George Gordon Mead, do not like each other.

0:27:35.760 --> 0:27:38.960
<v Speaker 1>So on the second day of the Battle of Gettysburg,

0:27:39.440 --> 0:27:44.280
<v Speaker 1>Mead and Sickles have basically a spectacular failure to communicate. UH.

0:27:44.400 --> 0:27:47.520
<v Speaker 1>Mead orders Sickles to guard the left flank of the

0:27:47.640 --> 0:27:53.760
<v Speaker 1>Union Army's position. UH. Sickles either UH misinterprets his orders

0:27:54.040 --> 0:27:58.960
<v Speaker 1>or outright disobeys them moves his troops too far forward. UH,

0:27:59.000 --> 0:28:01.600
<v Speaker 1>and then we'll face the bront of the Confederate attack

0:28:01.960 --> 0:28:07.399
<v Speaker 1>on July two at Gettysburg. Many people think Sickles nearly

0:28:07.480 --> 0:28:12.080
<v Speaker 1>loses the battle for the Northern Army at Gettysburg, that's right.

0:28:12.240 --> 0:28:14.840
<v Speaker 1>Dan Sickles nearly changed the course of the Civil War,

0:28:15.640 --> 0:28:18.480
<v Speaker 1>but Sickle's defense teams did help change the course of

0:28:18.520 --> 0:28:22.000
<v Speaker 1>American law. The case laid the groundwork for countless criminals

0:28:22.000 --> 0:28:25.639
<v Speaker 1>to plead temporary insanity that included Harry Thaw in nineteen

0:28:25.680 --> 0:28:29.840
<v Speaker 1>o six and Lorraino Bob. As we saw in previous

0:28:29.840 --> 0:28:38.280
<v Speaker 1>episodes this season. Next on the Thread, we returned to

0:28:38.360 --> 0:28:41.800
<v Speaker 1>the eighty three case in England that saved Dan Sickles,

0:28:42.240 --> 0:28:45.160
<v Speaker 1>but we go back even further to eight hundred and

0:28:45.280 --> 0:28:49.800
<v Speaker 1>dissect the first modern insanity defense. A former British soldier,

0:28:50.280 --> 0:28:53.880
<v Speaker 1>traumatized by battle tries to kill the King of England.

0:29:07.800 --> 0:29:11.040
<v Speaker 1>The Threat is produced by Robert Coulo's Sophia Perpetua and

0:29:11.160 --> 0:29:15.800
<v Speaker 1>me Sean Braswell. Chris Hoff engineered our show. This episode

0:29:15.840 --> 0:29:19.560
<v Speaker 1>features the star spangled banner arranged by Robert Aslin. To

0:29:19.680 --> 0:29:22.160
<v Speaker 1>learn more about the Thread, visit AUSI dot com, Slash

0:29:22.280 --> 0:29:25.200
<v Speaker 1>the Threat all one word, and make sure to subscribe

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<v Speaker 1>us out at ASSI dot com or on Twitter and Facebook.

0:29:34.520 --> 0:29:38.040
<v Speaker 1>If you love surprising, engaging stories from history. Look no

0:29:38.120 --> 0:29:41.560
<v Speaker 1>further than the flashback section of Ausi dot com. That's

0:29:41.560 --> 0:30:10.840
<v Speaker 1>o z y dot com.