Daniel Sickles Trial: 1859

Refusing bail, Sickles awaited trial in Washington's vermin-infested jail as the press, fed juicy tidbits by the defense, rehashed the details of the case daily until the editors, bored with facts, filled their columns with malicious gossip and preposterous speculation, including a rumor that Teresa Sickles was pregnant with Key's child.

Washington and the nation anticipated a hugely entertaining trial. A reinforced police contingent barely contained the mobs demanding admission to the old City Hall where the court convened on April 4, 1859 to select a jury.

Inside the cramped courtroom, eight renowned lawyers assembled to defend Sickles. Led by the suave James T. Brady, a New York criminal lawyer famed for his ability to manipulate witnesses, the team included Edwin M. Stanton, a Constitutional expert and an emotional orator of unsurpassed decibel power, and John Graham, a defense lawyer famed for his ability to draw tears from the most hard-hearted juror. The prosecution was badly out-classed. U.S. District Attorney Robert Ould, Key's meek and untalented former assistant, had little heart for his arduous and unpopular task. Ould inspired so little confidence in Key's relatives that they insisted he take on James Carlisle as assistant counsel, paying his fee out of their own pockets.

If Ould and Carlisle had any illusions about their prospects, these were quickly dispelled during the three days it took to select a jury. Of the first 75 potential jurors called, 72 openly sympathized with Sickles. Some 200 were excused for pro-Sickles bias before a jury of tradesmen and farmers could be impaneled.