Justice and mercy

 

 

 

Presented to the

 

Chicago Literary club

 

 

May 12, 2008

 

Todd S. Parkhurst

 

 

Copyright 2008 Todd S. Parkhurst


JUSTICE AND MERCY

Good evening. It is with no little regret that I read to you the following letter so as to bring to your esteemed attention the following facts. It is my deep admiration for those who defend the accused in our criminal justice system, and my interest in criminal trial closing  arguments, which  compel me to bring this complex affair to your perceptive and discerning attention. I am aware that you are familiar with the names of several of the dramatis personae, but I do earnestly entreat you to mentally conduct yourselves as good jurors must and so to withhold your judgment as to the propriety and effects of the herein below related activities until you have completely heard and carefully considered all the relevant facts in this case. Then and only then, gentlemen--and ladies--I shall call upon you to exercise your judgment and, in no less or greater measure,  your mercy.

 

Washington DC

February 24, 1859

“Hon. Daniel Sickles:

            Dear Sir

With deep regret I enclose to your attention these few lines, but an indispensable duty compels me to do so, seeing that you are greatly imposed upon.

            There is a fellow, I may say, for he is not a gentleman by any means, by the name of Phillip Barton Key (I believe to be the District Attorney) who rents a house of a man by the name of Jonah A. Gray situated on 15th Street between K. and L. streets for no other purpose than to meet your wife Mrs. Sickles.  He hangs a string out of the window as a signal to her that he is in and leaves the door unfastened and she walks in and

Sir I do assure you with these few lines

I leave the rest for you to imagine.

Most respectfully,

Your friend,

R.P.G.

Daniel E.  Sickles was born in New York City to George Garrett Sickles, a patent lawyer (which may account for something or other) and to Susan Marsh Sickles on October 20, 1819 -- or perhaps 1825. As a young man he became a printers apprentice and studied at New York University.  He then studied law in the office of Benjamin Butler, was admitted to the New York bar in 1846, and was elected a member of the New York Assembly in 1847.

Young Dan met Teresa Bagioli in 1836 -- when, he was 33 and she 15.  Teresa Da Ponte Bagioli was the daughter of the wealthy and well-known Italian singing teacher Antonio Bagioli.  During her youth, she sometimes lived and studied in the household of her grandfather, Lorenzo da Ponte, a noted music teacher, who had worked as Mozart's librettist on such masterpieces as The Marriage of Figaro. An exceptionally bright child, Teresa spoke five languages by the time she was a young adult.

Young Sickles moved into Grandfather Da Ponte’s home; he left after about a year when his mentor suddenly died. Though Sickles had known Teresa since her infancy, he made her acquaintance again in 1851, this time as an Assemblyman (and part of the Tammany Hall Democratic machine). Sickles, a notorious womanizer, was now quite taken with Teresa and soon proposed marriage. Despite his prominence and long connection to the family, the Bagiolis refused to consent to the marriage. Undeterred, the couple wed on September 17, 1852, in a civil ceremony. Teresa's family then relented and the couple married again, this time with  the Catholic Archbishop of New York City presiding. Some seven months later, in 1853, their only child, Laura Buchanan Sickles, was born. That same year Dan became corporation counsel for New York City.  He soon resigned to become secretary of the US legation in London under Ambassador James Buchanan. He did not take his pregnant wife to England with him, but instead was accompanied by Fannie White, a notorious prostitute.  He presented Miss White to Queen Victoria, using as her alias the surname of a New York political opponent.   He returned home in 1855, and was elected a member of the Senate of New York State where he served from 1856 to 1857. His first great notoriety attached to him there, when he escorted the lucious Fanny into the Senate chambers.  In 1857, Daniel Sickles was elected a Democratic representative to the United States Congress. There he chaired a committee which provided for the funding and development of the New York City's Central Park.

Upon his arrival in Washington in 1857, Congressmen Sickles purchased a home in Lafayette Square for his wife and young daughter.  In the mid-1800s, Lafayette Square was the Place to Be.  St. John's Episcopal Church was a thriving institution, and on the west side of the Square lived commodore Stephen Decatur.  Dolly Madison lived on the east side of the Square.  Next door to her home were the homes, at one time or another, of John C. Calhoun, Edwin M. Stanton, William H. Seward, James G. Blaine, and Henry Clay.  The Blairs, the Slidells, the Adamses and  other notables lived nearby. 

Congressmen Sickles' good friend Phillip Barton Key lived nearby.Six feet tall, Key was known as the handsomest man in all of Washington society. He was the son of Francis Scott Key, composer of the Star Spangled Banner and he had been appointed the United States Attorney for the District of Columbia through the efforts of his famous father, a noted lawyer at the time, and the efforts of his uncle, Roger Taney, then Chief Justice of the United States Supreme Court.  Sickles had helped Key keep his job despite Keys' hyperactive lifestyle with the ladies and a less-than-diligent focus on his official duties, traits which occasionally lead then- President Franklin Pierce to consider firing him.  Key was a frequent dinner guest at the Sickles residence, and had often spent close-together time with Teresa while Dan was at work in his home office.

So when Dan Sickles received that letter, he was outraged. The next day he confronted his wife.  Teresa confessed.  In her own hand she wrote out and signed a confession:

“ I have been in a house in 15th Street with Mr. Key.  How many times I don't know.  The house is unoccupied.  Commenced going there in the latter part of January.  Have been in alone with Mr. Key.  There was a bed in the second story.  I did what is usual for a wicked woman to do.  The intimacy commenced this winter when I came from New York, in a house.  An intimacy of an improper kind.  Have met half a dozen times or more.  Mr. Key generally goes first.  I was there on Wednesday last.  I went in alone.  My daughter was at Miss Hoover’s.  Mr. Key took and left her there at my request.  Went in by the back gate.  Went in the same bedroom, and an improper interview was had.  I undressed myself.  Mr. Key undressed also.  This occurred on Wednesday, 17th of February, 1859.

Mr. Key has kissed me in this house (the Sickles house on Lafayette Square) a number of times.  I do not deny that we had a connection in this house last spring a year ago, in the parlor on the sofa.  I did not think it safe to meet him in this house, because the servants might suspect something.

This is a true statement written by myself without any inducement held up by Mr. Sickles of forgiveness or reward, and without any menace from him.  This I have written with my bedroom door open and my maid and child in the adjoining room, at half past 10 o'clock in the evening.  Miss Ridgeley is in the house, within call.  Teresa Bagioli.” 

Sickles was so distressed that night that he did not sleep.  Teresa slept on the floor next to the family bed. Sickles had removed Teresa’s wedding band and had broken it.

 The next two days were tense ones in the Sickles household. Not content with a private confession he had obtained from his wife, Sickles enlisted the help of his friend and neighbor George Woolridge to find out if the accusations in the letter were true.  Woolridge reported to Sickles that the entire neighborhood knew of the liaison between Key and Mrs. Sickles.

Sunday,  February 27, 1859, was an unseasonably warm day in Lafayette Square.  At about 10 A. M., Phillip Key strolled down the street toward the Sickles residence.  In his pockets were a opera glasses, a white handkerchief and two brass keys. Dandy, the Sickles Greyhound puppy, romped outside. Key, taking his handkerchief from his pocket, began to play with the dog and to anxiously study the windows of the Sickles house with his opera glasses, searching for a white ribbon, the agreed-upon sign from Teresa that an assignation could be had.

Inside the house, Sickles was consulting with Samuel Butterworth, superintendent of the US Assay Office and a close friend.  When the Sickles maid reported to Sickles that Key was outside waving his handkerchief and examining the house with his opera glasses, Butterworth said to Sickles "There is but one course left to you as a man of honor.  You need no advice." Some historical sources say that Butterworth then went outside to warn Keys away from the house, while Sickles armed himself with two Derringer pistols and a five shot revolver. In any event, Sickles soon dashed out into to Lafayette Square. Running toward Key, Sickles shouted, "Key, you scoundrel, you have dishonored my house--you must die!”  Sickles fired a Derringer, but the bullet only grazed Key.  Key began shouting "Murder!"  and charged Sickles.  The two grappled on the ground.  Sickles, smaller but stronger than Key, escaped Key’s grasp and pulled out a second Derringer. "Don't murder me!"  shouted Key as he ran, trying to escape the furious Sickles.  Key stopped, and hurled his opera glasses at Sickles; they bounced off Sickles and fell to the ground.  Key was unarmed and defenseless.

Sickles now drew his revolver, carfully aimed at Key, again, and fired.  The bullet hit Key in the crotch, entering the thigh and just missing the main artery.  Key staggered and fell. Sickles shouted at Key, "You villain, you have dishonored my house, and you must die!” Key pleaded for his life as Sickles pulled the trigger, but the gun misfired.  “Murder, murder” screamed Key, but none of the stunned bystanders came to his aid.  Sickles stepped forward and stood directly over Key's body, aimed the  gun at Key’s chest, and fired point- blank.  The bullet tore through his chest, and Key convulsed on the pavement, his chest filling with blood.

Sickles was not finished.  He put the gun directly against Key’s head and pulled the trigger.  The gun misfired again. Sickles then walked away.  Passersby carry Key into the Cosmos Club, then located on Lafayette Square. Three guns, five pulls of the triggers, two mis-fires, and three bullets had ended Key's life.

A young spectator named Bonitz ran down the block and into the White House and informed President Buchanan of the events. Buchanan, evidently misunderstanding the situation and thinking that Bonitz was the only witness,, promptly  gave Bonitz a pocketful of cash and a razor to shave off his beard, and advised him to leave town. Bonitz was never heard from again.

Meanwhile Butterworth led Sickles across the Square and down another street to the home of Attorney General Jeremiah Black.  By the time they arrived at the Black home, Sickles had entirely composed himself.  Sickles joined in a conversation about Pennsylvania politics with other guests at the Black home before gently taking Attorney General Black aside to explain what had just happened.  Black allowed Sickles to return to his house accompanied by two police officers and Butterworth.  As he pushed through the gathering crowd on the way home, Sickles could see souvenir hunters cutting pieces from the tree where Keys had lain. When Sickles arrived at home, he asked to see Teresa.  The police made him promise he would not hurt his wife before allowing him to go upstairs.  There Sickles found that Teresa had not moved since he'd last seen her.  Sickles gazed at his wife, and uttered one sentence: “I've killed him.”  He was then escorted to jail. There, visited  bv the Reverened Mr. Haley of the Unitarian Church, Sickles vowed never to see his wfe again and asked the minister to return the broken wedding ring to  Teresa as a symbol of the "sundered bonds."

The day after the killing, Sickles began to assemble his legal defense team.  He hired two close friends, James T. Brady and John Graham--and a powerful Ohio attorney who had begun practicing in Washington, named Edwin McMasters Stanton.   On the prosecution side, President James Buchanan, Sickles’ friend, promoted Assistant District Attorney James Ould to the position of U.S. District Attorney and appointed him to prosecute the case.  Ould was an inexperienced trial lawyer and in disposition seemed to be "more like a friend to be honorably trusted then a lawyer to be depended upon."

The trial began on Monday, April 4 (which would have been the eve of Key's 41st birthday) with the reading of the indictment: "the jurors of the United States for the District of Columbia upon their oaths presented, that Daniel E. Sickles, gentlemen, not having the fear of God before his eyes but being moved and seduced by the instigation of the devil, on the 27th day of February in the year of our Lord 1859, with forece and arms in the County aforesaid, and upon the body of one Phillip Barton Key, in the peace of God and of the United States then and there feloniously and willfully and of his malicious aforethought, did make an assault by a certain pistol of the value of two dollars, then and there charged with gunpowder and one leaden bullet, which said pistol he, the said Daniel E. Sickles, in his right hand, then and there had and held, then and there feloniously, willfully and of his malicious aforethought, did discharge and shoot off to, against and upon the said Phillip Barton Key... and wound him …in and upon the left side of him... a little below the 10th rib of him... giving to him, the said Phillip Barton Key, then and there, with the leadin bullet aforesaid, one mortal wound of the depth of 10 inches and of the breadth of half an inch, of which said mortal wound he, the said Phillip Barton Key, then and there instantly died."

The jury was impaneled and Prosecutor Ould presented his case in a straightforward manner. A parade of witnesses described the murder. James A. Reed, a wood and coal dealer, told how Key took cover behind the tree after the first shot, then crumpled to the ground after the next shot and was hit a second time while lying on the pavement pleading, "Don't shoot."  There was no evidence of any resistance by the terrified victim.

 

After the close of the prosecution's case, the great orator and defense attorney John Graham arose and delivered a spellbinding opening statement over two days, unveiling a defense strategy never before attempted in US history: the defendant was not guilty because he had been insane --temporarily insane -- at the time of the killing.

The immediate origin of the insanity defense had arisen in England in the McNaughton case, decided by the English House Of Lords only 16 years before the Sickles trial.  This decision held that a defendant could be held not guilty by reason of insanity if a defendant did not know the nature and quality of his act, or if he did, that he did not know that the act was wrong.  Of course, a jury finding of not guilty by reason of insanity did not mean that a defendant was alowed to go free.  Rather, the defendant was delivered to a hospital for treatment—and, in the mid-1800s, that treatment involved the administration of Mercury and laxatives and enemas and leeches and brain surgery.

But the Sickles defense team took an unheard-of  additional step--arguing that Sickles was not guilty by reason of temporary insanity.  The temporary part would be the delicate and difficult part.  Sickles’ shooting was not done in the presence of an adulterous act nor in a few moments of passion.  Sickles had known about the adultery for days.  Even if he was emotionally provoked by the sight of Key signaling to his wife from the street, Sickles took time to prepare and execute the killing by collecting his weapons and ammunition, by crossing the street, and by arguing with Key.  In ponderous prose Graham described the temporary insanity defense -- and a second, related defense: the "higher, unwritten law defense."  Yes, Sickles killed Key at least two full days after the receipt of the anonymous letter and so had had a generous "cooling-off period" --but the biblical Absalom had waited two full years to kill the violator of his sister.  Graham argued that if the law permits a husband to kill an adulteror caught in the act --which the law did then permit-- it was equally permissive to kill the adulteror if he was caught "so near the act as to leave no doubt as to his guilt."  Mr. Sickles had not invited the debonair Mr. Key to stroll past his house on that fateful Sunday afternoon and waive his adulterous handkerchief at Mrs. Sickles’ window.  Finally, attorney Graham argued legal precedent to presiding Judge Crawford.  In a recent Washington criminal court trial presided over by the same Judge Crawford--and prosecuted, ironically, by the late Phillip Barton Key--the jury had acquitted one Mr. Jarboe for exacting the same revenge for the same reason.

Trial was already a week old, and now the defense attorneys spent another ten days presenting their witnesses and  evidence.  Every seamy, steamy detail of the Phillip Key--Theresa Sickles affair were exposed.  In equally juicy detail, the numerous seductions, liasons and affairs of Daniel Sickles himself were exposed. Then, the drama heightened by a thunderstorm raging outside the courthouse, Edwin Stanton began his closing argument:

May it Please Your Honor: it becomes my duty to present some considerations in support of the points of law which had been submitted by the defense, and which points are in conformity with those which may be given to a jury…. there are two classes of cases in which a man may be exempted from judicial punishment for killing, namely, self-protection, which is a natural right, and, secondly, the defense of one’s household from a thief or robber.  But there is a third class, arising from the social compact, for the law holds family chastity and the sanctity of the marriage bed, the Matron’s Honor and the Virgin's Purity, to be more valuable and estimable in law than the property --  or life -- of any man.

The present case belongs to that class.  The instructions presented by the defendant brings to the attention of the court two consistent lines of defense: one, that the act of the prisoner at bar is justified by the law of the land under these circumstances; the other, that whether justified or not, he is free from legal responsibility by reason of the state of the prisoner's mind.  "The family," says a distinguished moralist, "is the cradle of sensibility, where the first lessons are taught of that tenderness and humanity which cement mankind together; and were they extinguished, the whole fabric of society would be dissolved."  If the adulteror be found in the husband's bed, he is taken in the act, within the meaning of the law.  If he provides a place for the express purpose of committing adultery with another man's wife, and be found leading her, accompanying her, or following her to that place for that purpose, he is taken in the act.  If he not only provides but habitually keeps such a place and is accustomed, by preconcerted signals, to entice the wife from the husband's house, to accompany him to that vile den, and if he be found watching her, Spyglass in hand, and lying in wait around the husband's house, he is taken in the act.  If, moreover, he has grown so bold as to take a child of the injured husband, his little daughter, by the hand, to separate her from her mother, to take the child to the house of a mutual friend in order to enjoy the mother, it presents a case surpassing all that has ever been written of cold, villainous, remorseless lust.  Who, seeing this thing, would not exclaim to the unhappy husband, "hasten, hasten hasten to save the mother of your child.  Although she be lost as a wife, rescue her from the horrid adulteror; and may the Lord, who watches over the home and the family, guide the bullet and direct your stroke."  [Applause here].  The death of Key was a cheap sacrifice to save a young mother from the horrible fate which, on that Sabbath day, hung over this prisoner's life and the mother of his child.  The husband here beheld the adulteror in the very act of withdrawing his wife from his room, from his presence, from his arm, from his wing, from his nest; meets him in that act and slays him; and we say that the right to slay him stands on the firmest principles of self-defense. [Thunderous applause and  cheers.]

Now began the closing argument of James Brady, a highly talented jury orator:

The prosecuting attorney has represented the prisoner as a walking ordinance magazine, an animated battery, going out from his house on the morning of the homicide determined to turn all his engines of destruction against Mr. Key.  He represented Mr. Sickles as knowing Mr. Key to be unarmed, and as having giving the deceased no opportunity of defending himself.  But every man would have been surprised if the evidence had been allowed to stop there, showing only the fatal meeting between these two men who had hitherto been best friends.  If the case had stopped there, would not the whole world say that in such a case there must have been either insanity or justification?  There is no man in this District, possessed of any intellect and knowing anything of the facts of this case, who could have supposed that Mr. Sickles walked out of his house that Sabbath morning, left his home and his wife, and the darling blossom of his heart--that child who has been polluted by the touch of the adulteror--could have walked out of his house in the light of day, under the blessed sunlight, and in the face of Heaven, and committed an assassination of his friend.  Therefore, Your Honor asks, the jury asks, and the whole world asks, Why Did This Thing Happen?  The whole world, Your Honor, has it eye on this case; and I cannot help saying that when all of us shall have passed away, and when each shall have taken his chamber in the silent halls of death, and while some of us would have been totally forgotten but for this unfortunate incident, the name of everyone associated with this trial, from Your Honor who presides in the first person of dignity, to the least witness that was called to the stand, will be known so long as the earth shall exist.  The whole world, I say, is watching the course of these proceedings, and the nature of the judgment; and I believe I know what kind of a pulsation stirs the heart of the world.  I think I know, if the earth could be resolved into an animate creature, could have a heart, and a soul, and a tongue, how it would would rise up in the infinity of space and pronounce judgment on the features of this transaction. 

The provocation of this incident occurred before Mr. Sickles went out of his house. The waving of the handkerchief was admitted--a white handkerchief.  Mr. Key was unfortunate in its selection.  A white handkerchief is regarded among all the nations of the earth as emblematical of purity, peace, good faith.  The white color in our national  flag is that which was selected in this case.  It would have been well had Mr. Key attached as much important to the dignity of his banner as did his distinguished sire the estimable Francis Scott Key.  If he had remembered that the Star-Spangled Banner has been raised everywhere around the world, he would never have forgotten these two lines: Oh thus  be it ever, where freemen shall stand between their loved home and the wars desolation!  If his noble father inculcated in those lines the imperishable duty of the American people to protect their homes against the invasion of a foe, how does it become a less solemn duty of the American husband and father to protect his home against the invasion of a traitor and an adulteror, who, stealing into his embraces under the pretext of friendship, inflicts a deadly wound on his happiness, and aims a blow at his honor?

"Jealousy enrages a husbandman, and he will not spare vengeance”,  says our God in the Book of Proverbs at Chapter 6, verse 34.  If I could have the grave opened, if I could have summoned a witness who has not been called, if I could put Phillip Barton Key on the stand in this court, if I could haave asked him -- in virtue of his birth, his education, of whatever manly characteristics belonged to him, and whatever opinions he may have derived from his association with gentlemen, what he would have done if any scoundrel had invaded his house, polluted and wronged his wife, and brought shame and reproach upon him, if I could have asked him what he would have done under such circumstances, I leave the prosecutor, I leave his surviving friends, to say what would have been his answer.

“Jealousy enrages a husbandman”; it takes possession of a man's whole nature; no occupation or pursuit in life, no literary culture or enjoyment, no sweet society of friends and the brilliancy of sunlight, the whispers of hope or promise of the future, can for one moment keep out of his mind, his heart, or his soul, the deep, and all-consuming fire of jealousy.  When once it has entered within his breast, he has yielded to an instinct which the Almighty has implanted in every animal or creature that crawls the earth.

“Jealousy enrages a husbandman.” It converts him into a frenzy in which he is wholly irresponsible for what he may do.  All the emotions of the defendant’s nature changed into one single impulse; every throb of his heart burned before the great sense of his injury; every drop of his blood coursed with his sense of shame; and the inextinguishable agony about the loss of his wife; the appreciation of the dishonor to come upon his child; a realization that the promise of his youth must be forever destroyed; and the future, which opened to him so full of brilliancy, had been shrouded in eternal gloom by one who, instead of debautching his wife, should have invoked from the good God his greatest effulgence in the path of his friend. Could Daniel E. Sickles, a man of unvaried and constant courage, let Phillip Barton Key believe that he could not only seduce his wife but intimidate him?  If he had done anything more or less than that which becomes a man, under the circumstances, I would have been willing to see him die the most ignonomous death before I would venture to raise anything in his behalf but a prayer to Heaven for the salvation which after death might come. Look,Your Honor, at Daniel E. Sickles; look at Teresa, that was his wife; look at the woman whom I knew in her girlhood, in her innocence, and for whom in the past, as now, I pray the good and merciful interposition of Heaven to make her future life a source of happiness, and with no more anguish than is inevitable for the repentance to which her life should be devoted!  Look at Mr. Sickles, and look at poor Teresa, for although the mother of a child, she herself is a girl, accessible to the influence of a master intellect – though the sphere of its mastery be in the arena of seduction --and look at that young child, standing between its father and its mother, equally influenced by the great laws of the Creator to go toward either, and destined to leave one!  No judgment of Solomon can prevail here; and but perhaps it might be better to divide this poor child in two and leave one-half at the feet of each parent, than let it live from that period  it has now reached.  Look at Daniel Sickles and the dashed treasures of his home, betrayed by the friend whom he confided in, who outraged his hospitality, who brought shame upon him, and left him, left him almost hopeless, a wanderer in the world. 

For all of the Counsel on this side, and for our client, I wish to say that none of us have forgotten the great commandment of our Maker, "thou shalt not kill."  We have not forgotten that commandment any more than we have forgotten the other commandment, "thou shalt not commit adultery."

 

Brady finished his closing argument exhausted.  He covered his face with his hands and wept, amid a thunder of applause.  The jury was instructed and shown out to deliberate.  Seventy minutes later, the door opened and the jury returned.  The court clerk asked, "how say you gentlemen of the jury, do you find a prisoner at the bar guilty or no?"  The jury foreman  -- named Reason Arnold -- slowly spoke "not guilty."

Pandemonium ensued.

That evening, James Brady invited the jurors and the other defense attorneys to his suite at the National Hotel to celebrate the verdict.  The jurors admitted that they had decided the case not on the law but on the moral principle behind the killing.  In their minds, "a man who violates the honor and desolates the home of his neighbor does so at the peril of his life."  Sickles returned to his home and soon began meeting with his friends.  On occasion he took his friends to the spot on Lafayette Square where the shooting had taken place and  reenacted the way the killing had played out.  When asked if he had meant to kill his former friend, Sickles replied, "Of course I intended to kill him.  He deserved it."

Sickles forgave Teresa which turned out to be a grave political mistake.  In a letter to Daniel, Teresa wrote "do I now stand upon a footing with the other women I know you have loved?  I have long felt like asking you what your love affairs have been --love of the heart, or love of their superior qualities such as you have often informed me I did not possess, or attraction of face and form, or an infatuation?  Ask your own heart who sinned first, and then tell me, if you will.”  Although Daniel and Teresa would never again share a house, they maintained a civil and decent relationship.  But civil and decent was not what the public expected.  The newspapers that once hailed Sickles as a hero now attacked him mercilessly.  If Sickles could forgave the adulterous Teresa now, the papers asked, why could not he have forgiven Key then and spared his life?

Teresa and daughter Laura lived with Teresa's aging father until Teresa died of tuberculosis eight years later at the age of 31.  Those eight years were lived in loneliness and in isolation--except for one visitor, James Brady the attorney.  He served as a pallbearer at Teresa's funeral.

Sickles paid little attention to Laura after Teresa's death, and the young woman soon began seeking the attention of men.  Laura Sickles died at the age of 38 in a Brooklyn slum, friendless, penniless and alone, reportedly as a result of a severe drinking problem.  Daniel Sickles did not attend her funeral.

Sickles barely won reelection to Congress in 1860, but he was a broken man.  He did not run for reelection for a fifth term, and moved into a small apartment in New York.

But then the Civil War erupted.  Sickles organized his own military unit, christened it the Excelsior Brigade, received a commission as a Brigadier General, and marched against the Confederacy.  July of 1863 found him, now a Major General, in the small town of Gettysburg, Pennsylvania.  Disobeying the direct orders of a senior officer, Sickles moved his Brigade out in front of the Union line.  This maneuver was later condemned by General George McClellan, but General Philip Sheridan maintained that Sickle's position distracted Confederate General James Longstreet's initial attack.  Longstreet himself, with whom Sickles became fast friends later in life, admitted to Sickles that the battle of Gettysburg would have had a different outcome entirely had Sickles remained at his assigned position. 

Sickles was struck by a cannonball at Gettysburg.  His shattered right leg hung from him by a small piece of flesh.  In response, he pulled out a Havana a cigar and lit up.  Sickles was seen by his men industriously puffing away as he was carried off the battlefield.  Surgeons were unable to save the limb, of course, and so Sickles requested possession of it.  He placed it in a jar of formaldehyde, and consigned it to the Army Medical Museum in Washington -- where he went every year to visit it.  The bones and  cannonball are still on display there.

Sickles ultimately received the Congressional Medal of Honor for his conduct on the battlefield--though it took him 34 years of lobbying Congress to obtain the coveted award.

In 1869, President U. S. Grant appointed Dan Sickles ambassador to Spain--where, by some accounts, he had an affair with the deposed Queen Isabella II. In 1871 he married Senorita Cremina Ceagh, the daughter of a Spanish nobleman and diplomat, and he fathered two children by her.  He was again elected to Congress in 1883.

For most of his postwar life, General Sickles was the chairman of the New York State Monuments Commission, but the old man could not leave scandal alone.  Virtually all the principal senior generals at Gettysburg have been memorialized with statues there.  There is none for Dan Sickles.  Money was appropriated for a statue to him and his Excelsior Brigade, but the evidence is fairly clear that Congressman and Major General Dan Sickles stole the money.  Today a modest memorial stands sentinel in the Peach Orchard.  The likeness of a screaming eagle crowns the monument.

Dan Sickles died in 1914.  He is buried in Arlington Cemetery.  I ask for your kind thoughts for the soul of Dan Sickles.