The Sickles Trial, published April 21, 1859

We brought our brief synopsis of this important trial down to Wednesday last. On that day the court ruled that the confession of Mrs. Sickles was inadmissible. Miss. O. M. Ridgely, who resides in Washington with her mother, was an intimate friend of Mrs. Sickles, and spent much of her time at the house, before and after the killing of Key. Her testimony, like that of Governor Walker, which we elsewhere publish in full, goes to show the extreme anguish of mind of Mr. Sickles. Bridget Duffy who lived in Mr. Sickles’s house as nurse and lady’s maid, testified, as did Miss Ridgely, that Mr. Sickles spent the Saturday night before the homicide in extreme anguish, weeping and sobbing aloud. The witness also testified that she saw Key twirling his handkerchief in a peculiar manner opposite the house of the day of his death.

William W. Mann of Buffalo, New York, met Key in Lafayette square, near the Jackson statue, the same morning—spoke to him—observed him twirl his handkerchief. A gentleman with him called his attention to it.

George B. Wooldridge was an assistant to the Clerk of the House [of] representatives. Saw Mr. Sickles at the Capitol ion Saturday, in great agony of mind. On Sunday, the day of the homicide, was at Mr. Sickles’s house. The testimony of this witness is interesting:

Ques. Did you see Mr. Key that Sunday.

Ans. I did; twice.

Ques. Where and when?

Ans. First between ten and eleven o’clock, going out of the gate of Lafayette square, on the corner of Seventeenth street and Pennsylvania avenue, near the War Office, on the street Mr. Sickles’s house was in.

Ques. In what direction did he go?

Ans. He crossed the street and went up the avenue, I presume; I did not observe in what direction he turned his glance; the second time I saw him was about a quarter to two o’clock, directly in front of the library window in Mr. Sickles’s house; there was a lady and gentleman with him then; he was on the side toward the curbstone; the lady was next the railing; and the three were in a direct line; Mr. Sickles was upstairs at the time; he had left the library and gone up stairs.

Ques. Did you observe Mr. Key do anything while passing?

Ans. I saw him tike his handkerchief out of his pocket and wave it three times; while doing so, his eyes where toward the upper window of Mr. Sickles house; he kept his eyes from the gentleman, as if he did not which him to see what he was doing; he parted with the lady and gentleman at the corner, entered the park, and proceeded in the direction of Madison Place; some five minutes before that Mr. Sickles had gone up stairs; saw him enter the library door two minutes after; heard some one coming down the stairs very rapidly, and come into the library; he said, “The villain has just passed my house.”

District Attorney. Do not state what he said.

Mr. Brady. What did he do?

Witness. He was very excited; he talked for a moment with Mr. Butterworth, who endeavored to calm him; he appeared to resist these attempts to calm him, and threw Mr. Butterworth off, and turned into the hall; he had not his hat on at the time.

This is the last I saw of him till he came into the house with the officers.

S. S. Parker sworn. I have seen Mr. Key in the vicinity of Mr. Sickles’s house; the last time was on the Sunday he was killed, near half past ten o’clock; He passed me near Fifteenth street and Pennsylvania avenue, above Willards; I slowly passed up Fifteenth street; he walked very rapidly; when near Nairn’s drug store, he was entering the middle gate of Lafayette square; I saw him the Sunday before the shooting; I saw Mrs. Sickles on the platform of her residence, he had over the shoulder of a little girl, apparently trying to keep her from falling from the steps; directly after, I saw Mr. Key at the southwest gate of Lafayette square; when he came out in full view, he took out his handkerchief, with his hat in hand; but his hat on his head, bowing to Mrs. S. and twice waived his handkerchief.

Thomas K. Brown, examined by Mr. Brady. I reside in the city of New York; in pursuance to instructions from you, (Mr. Brady,) I obtained a certain lock.

Mr. Brady hands the witness a sealed package, breaks the seal, opens the package, and produced a common door lock.

Mr. Carlisle did not see the point of examination.

Mr. Brady simply wanted to identify an article which he would offer in evidence hereafter.

The witness identified the lock, and says he procured it from Mr. Wagner, Pennsylvania avenue, opposite the Treasury Department, who took it from the door No. 383 Fifteenth street.

Not cross-examined.

Jacob Wagner, examined by Mr. Brady. I reside in Washington; I am a locksmith; I delivered this lock to Mr. Brown, the last witness; I took it off the house in Fifteenth street, No. 383; John Gray, the colored man’s house; there were three or four gentlemen there when I took it off; Mr. Pendleton was on of them; I saw him in the court yesterday; I believe he was a member of Congress; the colored boy came for me; this was about a week after Mr. Key’s death; have seen some of the gentlemen in court who were present; the colored man paid me for taking it off.

Question. What was said on that occasion?

Objected to.

Mr. Stanton proposed to show that  the lock was taken off for the purpose of destroying evidence.

Mr. Ould. If that was the view, I have not the slightest objection to have the question put.

Mr. Stanton wanted to know whether it was the persons engaged in the prosecution who tried to destroy the evidence. There were two prosecutors here, a public prosecutor and a private prosecutor.

Mr. Carlisle wanted to know whether Mr. Stanton meant to be understood as intimating that he (Mr. Carlisle) had any knowledge of this attempt to destroy evidence.

Mr. Stanton. None in the world. God forbid that I should believe you would do it.

John Cuyler was sworn. Knew the late Mr. Key for three or four years; knew where Mr. Sickles resided; saw Mr. Key in the vicinity of the house a week before his death.

As I entered the corner gate of Lafayette square, I saw Mr. Key enter the corner gate; proceeding to the front of the Jackson statue, he took a seat on an iron bench, rested his head on his left hand, then pulled out his pocket handkerchief and waved it; I went behind the Statue and watched him; he waved his handkerchief this way, [illustrating,] and then looked at the house of Mr. Sickles. [Laughter.] There was no dog about at the time; this was between 12 and 1 o’clock; I left him in the square as I went out of the northeast gate to go home; I left him sitting there; when I returned that way, he was gone; I have often seen him loitering back and forth in the square; for two months, he had been attracting my attention; I never saw him waving his handkerchief but on one occasion.

By Mr. Stanton. Was that the hour when Members of Congress are at the Capitol?

Witness. Yes.

Mr. Carlisle. That is an argumentative question.

Mr. Stanton. That is all.

Cross-examined by Mr. Ould. I saw Mr. Key waving his handkerchief, while I was going home to dinner; I work first one place an then another; I was then working on Seventeenth street, below the War Department; had been working there three or four days; I never took count of how many times I met Mr. Key in the square as I went through it; I have seen him in the square on the avenue, near the Club House; I cannot state the day; it must have been about the middle of the week, about a week before the killing.

To witness. What was said about the lock at this time, and who said it?

Ans. The colored man said it.

Ques. Were the other persons present at the time?

Ans. No, sir.

Ques. What time was it?

Ans. About 11 o’clock.

Ques. While you were taking off the lock?

Ans. Yes.

Mr. Carlisle. Were these other persons present at the time?

Ans. Not that I know of. I think they were upstairs.

Mr. Ould. I Understand that it was proposed to show that certain persons connected with the deceased had given orders that this lock should be secured and kept out of the way. I have no objection that that fact, if true, should be given in evidence; but the evidence must tend to that.

Judge. It must come through a regular channel.

Mr. Stanton to witness. I want to know whether these persons were in the house at the time?

Ans. There were.

Ques. How long were you engaged in taking it off?

Ans. Ten minutes.

Ques. What door was it taken off.

Ans. The front door.

Ques. Was there another lock put on that door?

Ans. There was.

It now being three o’clock, the court adjourned.

FRIDAY, APRIL 15.

Jacob Wagner was recalled. He wished to correct his testimony given yesterday; while taking off the lock, as he testified yesterday, no one spoke to witness that he remembered, but the colored man. Mr. Pendleton’s name was called; saw another man there, who is now in court. [Col. Jones.]

Cross-examined by Mr. Ould. These persons were there when witness went to the house; the front door was locked; entered the house by the back way, which was unlocked; the lock taken off was on the front door of the house; tried to unlock the back door, and found it was already unlocked; the lock was not broken; this was about a week after Key’s death; three other gentlemen were up stairs at the time; did not come down while witness was there; saw them in the yard, and saw them go up stairs; have witness no directions about the matter; witness did not go up stairs at all.

By Mr. Brady. Put a different lock on the door afterwards.

By Mr. Carlisle. The colored boy who came to witness was not the proprietor of the house; knows John Gray; he was there, and asked witness to take off the lock; witness saw Mr. Pendleton and Col. Jones examine the lower part of the house, and afterwards go up stairs.

John Seeley called and examined. Resides in Washington; is a painter; lives in L street, about thirty yards below the corner of Fifteenth street, not far from the house of John Gray, in Fifteenth street; was present when the lock was taken off; thinks it was between the 5^th and the 8^th of March; was there by mere accident, and heard the order given to take off the lock; saw Mr. Charles Jones there, and was informed that the other was Mr. Pendleton; one of these gentleman gave the order for the lock to be taken off; don’t know which one; was present a part of the time when the lock was taken off; Mr. Poole was there also when the locksmith went to work; they went up stairs; heard nothing said about the character of the new lock to be put on.

Cross-examined by Mr. Ould. The time was between the 5^th and 8^th of March; that was the only time witness was there after the death of Key; this might have been Tuesday; am not sure as to the day of the week; the locksmith came through the adjoining lot, occupied by a yellow woman; do not know whether any one else had been to that house previously, since Key’s death; these gentlemen were standing in the yard when the witness reached the spot, and went into the house just before witness reached the spot, and went into the house just before witness; one of them said it would be better to take off that lock and put on a new one; they were in the house some time, in the passage and parlor, perhaps twenty or twenty-five minutes; thinks the lock was not entirely off when they went up stairs; heard no order given as to the disposition to be made of the lock; the remark was, the lock had better be taken off, and replaced with another.

Lewis Poole called. Boards with Mr. Seeley, who has just testified; knows the house No. 383 Fifteenth street, owned by John Gary; have noticed it freque3ntlyu; was there when the lock was taken off; thinks it was on Monday or Tuesday, a week after Key’s death; Mr. Pendleton, Mr. Jones, Seeley and witness, and Gray were present; Mr. Pendleton ordered the lock to be taken off, and another one put on; saw the lock taken off; did not see the other one put on.

Cross-examined by Mr. Ould. We all went into the house together; after giving the order, Mr. Pendletons and Mr. Jones immediately went up stairs to examine the upper portion of the house; thinks it was a command and not a suggestion to the locksmith, for he went to work and did it; can’t give Mr. Pendleton’s exact language; these gentleman staid up stairs teen or fifteen minutes; while the lock was being removed, these gentlemen were up states the whole time; had never been in the house previously, since Key’s death; does not know that anybody else did; I know that Mr. Hey went there. [Laughter.]

Rev. C. H. A. Buckley called. Resides in Westminster, Conn.; have known Sickles since 1838; was associated with him in New York University, and was in one class with him; since then, have had a casual acquaintance with him.

Mr. Brady asked whether witness had an opportunity in former years to know whether Sickles had an excitable temperament.

Witness. Yes, sir.

Mr. Brady proposed to prove that Mr. Sickles once, under the loss of a friend, became positively insane, so as to have to be placed under restraint.

Mr. Ould said, if previous insanity could be proved they would withdraw the objection.

[The witness testified that on the occasion of the death of Professor Da Ponte, in 1840, in New York, who was the patron of Mr. Sickles, immediately after his body was lowered into the ground, Sickles broke out into frantic and passionate grief, shrieking and yelling; it was impossible for his friends to pacify him, and they were obliged to use friendly force to remove him from the spot; witness thinks he did tear his clothes and his hair, but was not sure. This testimony is voluntary on witness’s part, and wholly unsought by the prisoner, or by this counsel. He had offered it, as he thought it might be of service to him.]

Cross-examined by Mr. Ould. Do not know how old Sickles was then, because I do not know his age now; was about the same age as witness, apparently; witness is forty years of age; this manifestation of violent grief lasted ten minutes perhaps, or five minutes at any rate; saw no traces of it on the following day; did not see him every day at that  time; saw him two or three days afterwards, but saw nothing singular in his appearance; he appeared to be rather more light-hearted than could be expected under the circumstances, forming an unnatural contrast to his previous conduct; it was a casual manifestation ; the first demonstration was the most remarkable witness ever saw in his life; do not remember the circumstances in his life; do not remember the circumstances of the second interview, or who was present; it was somewhere about the University; was then a student of the Theological Seminary.

Major Hopkins called. Is a coachman for Col. Freeman; have been such for five or six years; lives on H street, between Fifteenth and Sixteenth; saw Mr. Key. On the Sunday he was shot, about half past one o’clock; he was about the middle of the square, walking up and down; he was doing nothing in particular; saw him either on Monday or Wednesday, the week previous; he went into the square and waved his handkerchief; Mrs. Sickles came out and joined him, and they walked away together; about an hour after, saw them go up Fifteenth street; lost sight of them on the steps of John Gray’s house.

Cross-examined by Mr. Carlisle. Is Major your name or your title? [Laughter.]

Witness. It is my name, Sir.

Mr. Carlisle. Then you don’t belong to either or the regular army or the militia? [Laughter.]

Witness. No, sir.

[This witness was rigidly cross-examined, and seemed to get very much puzzled in giving his answers. When he saw Mrs. Sickles on Fifteenth street, her back was turned towards him, but he judged it was her by her dress, which he had observed when she first joined Mr. Key.]

But one witness was examined on Saturday. His evidence was not important. On Monday, Mrs. Brown, a witness formerly examined, testified that she had seen Key and Mrs. Sickles enter the house several times. John M. Seeley and his wife, who reside in the immediate vicinity of the house on Fifteenth street, also testified to seeing the parties enter the house frequently. Their testimony was minute and clear.

Tuesday, Mr. Thompson sworn. Was formerly Mr. Sickles’s coachman. Mrs. Sickles was in the habit of driving out during the hours when Congress in session, and generally met Key. He usually got into the carriage, by never rode home with her except once, when Mr. Sickles was in New York. During the absence of Sickles, Key was in the habit of visiting Mrs. Sickles nearly every night, and remained late with her alone in the library—one night until one o’clock. They also were in the habit of visiting the cemetery at Georgetown, and, alighting at the gate, walking down the hill out of his sight.

John Cooney, the coachman of Mr. Sickles at the time of Key’s death, gave similar testimony.

Mr. Wooldridge was recalled and cross-examined by the prosecution.

SOURCE: The National Era, Washington, D. C., Thursday, April 21, 1859, p. 2-3

Sickles Trial, published April 28, 1859

 We continue our brief synopsis of the evidence in this trial.

On Wednesday, April 20^th, Mr. Wooldridge was examined by the prosecution. No fact of interest was elicited.

“Albert A. Megaffey examined by Mr. Brady. I reside in the city of Washington; I knew the late Mr. Key; was acquainted with him from January or February, 1858; was tolerable intimate with him; I was a member of the club up to the time of its dissolution, and met Mr. Key there.

“Ques. Did you at any time have a conversation with Mr. Key in reference to Mrs. Sickles?”

“Witness. I did.

“Mr. Carlisle. Stop a moment.

“Mr. Brady.  We don’t ask the witness to state the conversation. When did the conversation take place?”

“Witness. In June, 1858; I had a subsequent conversation on that subject the day or two immediately preceding the Napier ball, which was on the 17^th of February; recollect it from something that occurred at the ball between Mr. Key and myself; never had a regular set conversation with him about the matter but these two; but I have referred to it three or four times when I met him.

“Mr. Brady. I desire you to state this conversation.

“District Attorney. We object.

“Mr. Brady. We propose to prove by this witness:

“First. That shortly before the decease of Mr. Key, the witness had noticed certain conduct on his part towards Mrs. Sickles, which led him to suggest to Mr. Key that the latter was observed to be over-attentive to her, in answer to which Mr. Key remarked that he had a great friendship for her, that he considered her a child, and hat paternal feelings towards her, and he repelled indignantly the idea of having any but kind and fatherly feeling towards her.

“Second. That at a subsequent conversation in relation to the same subject, the witness suggested to Mr. Key that he might get into danger or difficulty about the matter; Mr. Key laid his hand on the left breast of his coat, and said, ‘I am prepared for any emergency.’

“Mr. Ould argued that evidence of these conversations was inadmissible.

“The Court did not perceive how this evidence tended to the establishment of any point involved in the controversy in this case. It seemed that some of the declarations of the deceased were made in last June, and that the last we made on the 17^th of February last. How that tended to prove that the deceased was armed on the 27^th of February, some ten days later, did not strike the court. Another ground on which it was not admissible was, that it was offered to excuse the conduct of the accused, on the ground that he had a right to suppose the deceased was armed. The court did not think the question of his being armed on the particular day when this witness conversed with him had anything to do with that either, as it was not proposed to show, nor was there any evidence to show that the conversation between this witness and Mr. Key had ever been communicated to Mr. Sickles by this witness or any other Party.

“The court could not look upon this evidence as admissible.

“John McDonald was called, and answered substantially as follows: I was footman for Mr. Sickles. On the Thursday preceding Mr. Key’s death, while Mrs. Sickles was driving in the carriage, we met Mr. Key at the houses of Secretary Brown and Secretary Thompson, and at the flower house on the avenue. At the latter place, Mr. Key leaned into the carriage, and, looking into Mrs. Sickles’s face, asked her if she was going to the hop at Willard’s. Mrs. Sickles said, ‘I am going if Dan will let me.” He got in, and we rode round awhile. I let Mr. Key out in Fifteenth street. I then drove Mrs. Sickles home.

“To Mr. Ould. It was on Thursday, at about four o’clock, that I let Mr. Key out at the corner of Fifteenth street.

“This closed the evidence on the part of the defence.

“Mr. Ould, the District Attorney, said, that inasmuch as the evidence of adulterous intercourse has been admitted, he was prepared to admit the truth of the confession of Mrs. Sickles, and allow it to go before the jury as evidence.

“Considerable discussion here ensued between counsel for the prosecution, disclaiming that they had anything to do with the publication of the confession, and Mr. Brady regretting that it had been published.

“Hon. George H. Pendleton, member of Congress from Ohio, was called by the prosecution in rebuttal. He testified that he, in company with Charles Jones, had visited the house in Fifteenth street after the death of Key, but he had never had any participation in the removal of the lock from the house.

“Several cards, letters, &c., were produced and identified, but at the request of the prisoner, the names of the persons on the cards were not made public.

“Before leaving the stand, Mr. Pendleton addressed the Court, and said that any statement that had been made, of his having attempted to defeat the ends of Justice in this case was infamously false.

“Charles Lee Jones, Esq., testified to accompanying Mr. Pendleton to the house, but he knew nothing at all of the lock having been taken off. The witness was cross-examined by Mr. Brady and an exciting scene ensued on his being asked if he had not been assisting the prosecution. He said Mr. Key was one of his dearest friends, and he should always revere his memory.”

Thursday, Mr. Doyle, and other witnesses testified as to the disposition of the papers found on the person of Mr. Key at the time of his death, and particularly as to a letter written in cipher. The evidence seemed not to be very material, and we shall therefore pass it over.

The defence complained that these papers had been in possession of Mr. Carlisle, who assisted the prosecution, when they should have been furnished the prisoner’s counsel.

Several witnesses testified as to the condition of Mr. Sickles at the time of and immediately subsequent to the homicide. They differed among themselves; but, for the most part, their evidence tended to show that Mr. S. was perfectly cool and self-possessed. This account differed entirely from that of Governor Walker, Bridget Duffy, Wooldridge, and others, called by the defence.

Mayor Berret was at Sickles’s immediately after the homicide. He testifies that “Sickles and Walker went into the parlor, and witness followed, thinking it proper to be present. They remained there some five or ten minutes, and then returned to the library, and, after some conversation, left for the jail. While in the parlor, Sickles discovered Walker, and said, “A thousand thanks to you, my friend, for calling,” and spoke of his child and his house being dishonored. He then sat on the sofa, and wept heartily; witness recommended to him to compose himself, and he did so, and we soon after left. This burst of grief lasted four or five minutes—perhaps more. He made a noise indicative of deep grief; can best describe it as a hearty cry, accompanied by sobbing, which could have been heard all over this room. There were no other indications than those that ordinarily accompany a hearty burst of grief. Witness left with them for the jail. No such manifestations were made on the way to jail. He seemed to be restive and excited on account of the crowd, and witness remarked to him that he had better not observe the crowd. He once or twice passed salutations with persons on the street by the usual gesture. Don’t know to whom these salutations were particularly addressed. Left shortly after the examination at the jail, which was brief. During this examination, Sickles was composed; witness did not see any exhibition of grief at the jail such as he has described.

“To Mr. Brady. He certainly made a strong effort to become tranquil when witness suggested the importance of it, in view of the crowd through which he had to pass.”

In the morning of this day, Judge Crawford stated that he had received a letter direct to Mr. Wilson, one of the jurors, and that, if there was no objection, he would hand it to him. This was assented to on both sides, and the juror was permitted to open and read it. The juror immediately returned the letter to the court, remarking that he had no knowledge of the author, and that it was not proper for him to receive it. The judge then read the letter, and found that it related to the trial going on before the court. He thought that the author should be detected and punished, and proposed to place the letter in the hands of the District Attorney, which was agreed to.

The reporters for the Associated Press say of the letter in cipher, that it has been translated by Mr. Charles Howard, of Baltimore, a brother-in-law of Mr. Key, and that it purports to be a love letter from Mrs. Sickles to Mr. Key. This, however, is a surmise.

Friday, Messrs. John L. Dubrow and Edward Delafield testified that they saw Sickles about the time of the homicide, and thought him rather cool than otherwise, under the circumstances.

“Charles F. Lewis testified: is connected with the office of the Congressional Globe: has with him the manuscript of the speeches made in the House of Representatives on Friday and Saturday previous to the killing of Key; the reporters were Messrs. Hays, Hinks, now in court, and Messrs. Andrews, and McElhone, who are not here. [Mr. Smith, one of the reporters, was here requested to examine the bundles of copy, and select that of the speeches made by Mr. Sickles on the days named.] Mr. Brady remarked that the defence were here perfectly willing to admit that Mr. S. did make five-minutes speeches on the days named, but at the time these speeches were made he was under the impression that the charges against his wife were untrue.”

Mr. Carlisle for the prosecution stated that the evidence on that side was now closed, except two witnesses, who had been called to testify on the point of insanity.

“Judge Crawford decided to wait till to-morrow morning for the missing witnesses, and informed the District Attorney that the Court could not possibly wait longer for them.” Mr. Brady stated that the counsel on both sides had agreed to furnish each other with their instructions this afternoon. They could thus be examined at leisure, and both parties come into court to-morrow, fully prepared to make very brief arguments. By this mode time would be gained instead of being lost, and the trial brought to a close much sooner than otherwise.”

The following are the instructions to the jury prepared by the prosecution:

“If the jury believe, from the whole evidence in this cause, that the prisoner, on the day named in the indictment, and in the County of Washington aforesaid, killed the said Philip Barton Key, by discharging at, against and into the body of him, the said Philip Barton Key, a pistol or pistols loaded with gunpowder and ball, thereby giving him a mortal wound or wounds, and that such killing was the wilful [sic]and intentional act of the prisoner; and that said act was induced by the belief that the said deceased had seduced his, the prisoner’s wife, and on some day or days, or for any period, definite or indefinite, prior to the day of such killing, had adulterous intercourse with the said wife; and that the prisoner was not provoked to such killing by any assault or offer of violence, then and there made by the deceased upon or against him, then such wilful and intentional killing, if found by the jury upon all the facts and circumstances given in evidence, is murder. But such killing cannot be found to have been wilful and intentional, in the sense of this instruction, if it shall have been proven to the satisfaction of the jury, upon the whole evidence aforesaid, that the prisoner was in fact insane at the time of such killing.”

Saturday, Ex-Senator Brodhead, of Pennsylvania, was called as a witness by the prosecution. He testified that he was at Judge Black’s when Mr. Sickles arrived there, immediately after killing Key. Sickles was introduced to Mr. Haldeman, who entered into a conversation with him upon Pennsylvania and New York politics. Nothing was said by Sickles in reference to the shooting affair at the time, until the police arrived, when he inquired if the case were bailable; and said that, if the facts were known, “God knows I would be justified,” or “I could not help it.”

This closed the evidence on the part of the prosecution.

The Following are the instructions to the jury prepared by the prisoner’s counsel:

“First. There is no presumption of malice in this case, if any proof of “alleviation, excuse, or justification, arise out of the evidence for the prosecution. [State vs. Johnson, vol. 3, Jones, page 266; McDaniel vs. State, vol. 8, Smead’s and Marshall’s page 401; Day’s Case 17 of pamphlet.]

“Second. The existence of malice is not presumable in this case, if, on any rational theory consistent with all the evidence the homicide was either justifiable, excusable, or an act of manslaughter. [Same cases as above cited; United States vs. Mingo, Vol. 2, Curtis C. C. R. I., Commonwealth vs. New York; Vol. 2, Bennett and Heard, Leading Criminal Cases, page 505.]

“Third. If, on the whole evidence presented by the prosecution, there is any rational hypothesis consistent with the conclusion that the homicide was justifiable or excusable, the defendant cannot be convicted.

“Fourth. If the jury believe that Mr. Sickles, when the homicide occurred, intended to kill Mr. Key, he cannot be convicted of manslaughter.

“Fifth. It is for the jury to determine, under all circumstances of the case, whether the act charged upon Mr. Sickles is murder of justifiable homicide. [Ryan’s Case, 2; Wheeler’s Criminal Cases, 54.]

“Fifth. It is for the jury to determine, under all the circumstances of the case, whether the act charged upon Mr. Sickles is murder or justifiable homicide. [Ryan’s Case, 2; Wheeler’s Criminal Cases, 54.]

“Sixth. If the jury find that Mr. Sickles killed Mr. Key while the latter was in criminal intercourse with the wife of the former, Mr. Sickles cannot be convicted of either murder or manslaughter.

“Seventh. If, from the whole evidence, the jury believe that Mr. Sickles committed the act, but, at the time of doing so, was under the influence of a diseased mind, and was really unconscious that he was committing a crime, he is not in law guilty of murder. [Day’s Case, pamphlet, page 9.]

“Eighth. If the jury believe that, from any predisposing cause, the prisoner’s mind was impaired, and at the time of killing Mr. Key he became or was mentally incapable of governing himself in reference to Mr. Key, as the debauchee of his wife, and at the time of his committing said act was, by reason of such cause, unconscious that he was committing a crime as to said Mr. Key, he is not guilty of any offence whatever. [Day’s Case, pamphlet, page 17.]

“Ninth. It is for the jury to say what the state of the prisoner’s mind as to the capacity to decide upon the criminality of the particular act in question—the homicide—at the moment it occurred, and what was the condition of the parties, respectively, as to being armed or not, at the same moment.

“These are open questions for the jury, as are any other questions that may arise upon the consideration of the evidence, the whole of which is to be taken in view by the jury. [Jarboe’s Case, pamphlet, page 20.]

“Tenth. The law does not require that the insanity which absolves from crime should exist for any definite period, but only that it exist at the moment when the act occurred with which the accused stands charged.

“Eleventh. If the jury have any doubt as to the case, either in reference to the homicide or the question of sanity, Mr. Sickles should be acquitted.”

Mondy—occupied in argument by counsel.

_______________

Mr. Sickles Acquitted.—We are gratified to announce that Mr. Sickles has been acquitted. The jury remained out but half an hour, and when the verdict was announced, the sympathies of the large audience burst forth in shouts of applause. Mr. Sickles came out accompanied by his friends, and was received but the dense throng with renewed applause. He immediately got into his carriage and drove to his house, followed by the excited crowd.

SOURCE: The National Era, Washington, D. C., Thursday, April 28, 1859, p. 2

Diary of Gideon Welles: Tuesday, January 24, 1865

President sent for me this evening. Found Stanton with him, having a dispatch from General Grant desiring him to request me to remove Commander Parker, the senior officer on the upper James. After some conversation, informing them that we had two gunboats above, and that the Atlanta and Ironsides had been ordered thither, I mentioned that Farragut was here, and the President sent for him. On hearing how matters stood, he at once volunteered to visit the force. The President was pleased with it, and measures were at once taken.

I rode down to Willard's after parting at the Executive Mansion and had a few additional words with Admiral Farragut and invited Mrs. F. to stop at our house during the Admiral's absence.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 230

Diary of William Howard Russell: July 18, 1861

After breakfast. Leaving head-quarters, I went across to General Mansfield's, and was going up-stairs, when the General* himself, a white-headed, gray-bearded, and rather soldierly-looking man, dashed out of his room in some excitement, and exclaimed, “Mr. Russell, I fear there is bad news from the front.” “Are they fighting, General?” “Yes, sir. That fellow Tyler has been engaged, and we are whipped.” Again I went off to the horse-dealer; but this time the price of the steed had been raised to £220; “for,” says he, “I don't want my animals to be ripped up by them cannon and them musketry, and those who wish to be guilty of such cruelty must pay for it.” At the War-Office, at the Department of State, at the Senate, and at the White House, messengers and orderlies running in and out, military aides, and civilians with anxious faces, betokened the activity and perturbation which reigned within. I met Senator Sumner radiant with joy. “We have obtained a great success; the rebels are falling back in all directions. General Scott says we ought to be in Richmond by Saturday night.” Soon afterwards a United States officer, who had visited me in company with General Meigs, riding rapidly past, called out, “You have heard we are whipped; these confounded volunteers have run away.” I drove to the Capitol, where people said one could actually see the smoke of the cannon; but, on arriving there, it was evident that the fire from some burning houses, and from wood cut down for cooking purposes, had been mistaken for tokens of the fight.

It was strange to stand outside the walls of the Senate whilst legislators were debating inside respecting the best means of punishing the rebels and traitors; and to think that, amidst the dim horizon of woods which bounded the west towards the plains of Manassas, the army of the United States was then contending, at least with doubtful fortune, against the forces of the desperate and hopeless outlaws whose fate these United States senators pretended to hold in the hollow of their hands. Nor was it unworthy of note that many of the tradespeople along Pennsylvania Avenue, and the ladies whom one saw sauntering in the streets, were exchanging significant nods and smiles, and rubbing their hands with satisfaction. I entered one shop, where the proprietor and his wife ran forward to meet me. . . “Have you heard the news? Beauregard has knocked them into a cooked hat.” “Believe me,” said the good lady, “it is the finger of the Almighty is in it. Didn't he curse the niggers, and why should he take their part now with these Yankee Abolitionists, against true white men?” “But how do you know this?” said I. “Why, it's all true enough, depend upon it, no matter how we know it. We've got our underground railway as well as the Abolitionists.”

On my way to dinner at the Legation I met the President crossing Pennsylvania Avenue, striding like a crane in a bulrush swamp among the great blocks of marble, dressed in an oddly cut suit of gray, with a felt hat on the back of his head, wiping his face with a red pocket-handkerchief. He was evidently in a hurry, on his way to the White House, where I believe a telegraph has been established in communication with McDowell's head-quarters. I may mention, by the by in illustration of the extreme ignorance and arrogance which characterize the low Yankee, that a man in the uniform of a colonel said to me to-day, as I was leaving the War Department, “They have just got a telegraph from McDowell. Would it not astonish you Britishers to hear that, as our General moves on towards the enemy, he trails a telegraph wire behind him, just to let them know in Washington which foot he is putting first?” I was imprudent enough to say, “I assure you the use of the telegraph is not such a novelty in Europe or even in India. When Lord Clyde made his campaign, the telegraph was laid in his track as fast as he advanced.” “Oh, well, come now,” quoth the Colonel, “that's pretty good, that is; I believe you'll say next, your General Clyde and our Benjamin Franklin discovered lightning simultaneously.”

The calm of a Legation contrasts wonderfully in troubled times with the excitement and storm of the world outside. M. Mercier perhaps is moved to a vivacious interest in events. M. Stoeckl becomes more animated as the time approaches when he sees the fulfilment of his prophecies at hand. M. Tassara cannot be indifferent to occurrences which bear so directly on the future of Spain in Western seas; but all these diplomatists can discuss the most engrossing and portentous incidents of political and military life, with a sense of calm and indifference which was felt by the gentleman who resented being called out of his sleep to get up out of a burning house because he was only a lodger.

There is no Minister of the European Powers in Washington who watches with so much interest the march of events as Lord Lyons, or who feels as much sympathy perhaps in the Federal Government as the constituted Executive of the country to which he is accredited; but in virtue of his position he knows little or nothing officially of what passes around him, and may be regarded as a medium for the communication of despatches to Mr. Seward, and for the discharge of a great deal of most causeless and unmeaning vituperation from the conductors of the New York press against England.

On my return to Captain Johnson's lodgings I received a note from the head-quarters of the Federals, stating that the serious action between the two armies would probably be postponed for some days. McDowell's original idea was to avoid forcing the enemy's position directly in front, which was defended by movable batteries commanding the fords over a stream called “Bull's Run.” He therefore proposed to make a demonstration on some point near the centre of their line, and at the same time throw the mass of his force below their extreme right, so as to turn it and get possession of the Manassas Railway in their rear; a movement which would separate him, by the by, from his own communications, and enable any General worth his salt to make a magnificent counter by marching on Washington, only 27 miles away, which he could take with the greatest ease, and leave the enemy in the rear to march 120 miles to Richmond, if they dared, or to make a hasty retreat upon the higher Potomac, and to cross into the hostile country of Maryland.

McDowell, however, has found the country on his left densely wooded and difficult. It is as new to him as it was to Braddock, when he cut his wreary way through forest and swamp in this very district to reach, hundreds of miles away, the scene of his fatal repulse at Fort Du Quesne. And so, having moved his whole army, McDowell finds himself obliged to form a new plan of attack, and, prudently fearful of pushing his underdone and over-praised levies into a river in face of an enemy, is endeavoring to ascertain with what chance of success he can attack and turn their left.

Whilst he was engaged in a reconnoissance to-day, General Tyler did one of those things which must be expected from ambitious officers, without any fear of punishment, in countries where military discipline is scarcely known. Ordered to reconnoitre the position of the enemy on the left front, when the army moved from Fairfax to Centreville this morning, General Tyler thrust forward some 3000 or 4000 men of his division down to the very banks of “Bull's Run,” which was said to be thickly wooded, and there brought up his men under a heavy fire of artillery and musketry, from which they retired in confusion.

The papers from New York to-night are more than usually impudent and amusing. The retreat of the Confederate outposts from Fairfax Court House is represented as a most extraordinary success; at best it was an affair of outposts; but one would really think that it was a victory of no small magnitude. I learn that the Federal troops behaved in a most ruffianly and lawless manner at Fairfax Court House. It is but a bad beginning of a campaign for the restoration of the Union, to rob, burn, and destroy the property and houses of the people in the State of Virginia. The enemy are described as running in all directions, but it is evident they did not intend to defend the advanced works, which were merely constructed to prevent surprise or cavalry inroads.

I went to Willard's, where the news of the battle, as it was called, was eagerly discussed. One little man in front of the cigar-stand declared it was all an affair of cavalry. “But how could that be among the piney woods and with a river in front, major?” “Our boys, sir, left their horses, crossed the water at a run, and went right away through them with their swords and six-shooters.” “I tell you what it is, Mr. Russell,” said a man who followed me out of the crowd and placed his hand on my shoulder, “they were whipped like curs, and they ran like curs, and I know it.” “How?” “Well, I’d rather be excused telling you.”

_______________

* Since killed in action.

SOURCE: William Howard Russell, My Diary North and South, Vol. 1, p. 427-31

Diary of Captain Luman Harris Tenney: May 21, 1865

Up at 3 A. M. in the rain. Marched at 7. Moved through Washington with drawn sabres in platoon column. Passed by Willard's. Sheridan standing on the balcony. Stopped at Mr. Mills' over night. Nettleton rode to camp.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 164

Diary of William Howard Russell: July 17, 1861

I went up to General Scott's quarters, and saw some of his staff — young men, some of whom knew nothing of soldiers, not even the enforcing of drill — and found them reflecting, doubtless, the shades which cross the mind of the old chief, who was now seeking repose. McDowell is to advance to-morrow from Fairfax Court House, and will march some eight or ten miles to Centreyille, directly in front of which, at a place called Manassas, stands the army of the Southern enemy. I look around me for a staff, and look in vain. There are a few plodding old pedants, with map and rules and compasses, who sit in small rooms and write memoranda; and there are some ignorant and not very active young men, who loiter about the head-quarters' halls, and strut up the street with brass spurs on their heels and kepis raked over their eyes as though they were soldiers, but I see no system, no order, no knowledge, no dash!

The worst-served English General has always a young fellow or two about him who can fly across country, draw a rough sketch map, ride like a fox-hunter, and find something out about the enemy and their position, understand and convey orders, and obey them. I look about for the types of these in vain. McDowell can find out nothing about the enemy; he has not a trustworthy map of the country; no knowledge of their position, force, or numbers. All the people, he says, are against the Government. Fairfax Court House was abandoned as he approached, the enemy in their retreat being followed by the inhabitants. “Where were the Confederate entrenchments?” “Only in the imagination of those New York newspapers; when they want to fill up a column they write a full account of the enemy's fortifications. No one can contradict them at the time, and it's a good joke when it's found out to be a lie.” Colonel Cullum went over the maps with me at General Scott's, and spoke with some greater confidence of McDowell's prospects of success. There is a considerable force of Confederates at a place called Winchester, which is connected with Manassas by rail, and this force could be thrown on the right of the Federals as they advanced, but that another corps, under Patterson, is in observation, with orders to engage them if they attempt to move eastwards.

The batteries for which General McDowell was looking last night have arrived, and were sent on this morning. One is under Barry, of the United States regular artillery, whom I met at Fort Pickens. The other is a volunteer battery. The onward movement of the army has been productive of a great improvement in the streets of Washington, which are no longer crowded with turbulent and disorderly volunteers, or by soldiers disgracing the name, who accost you in the by-ways for money. There are comparatively few to-day; small shoals, which have escaped the meshes of the net, are endeavoring to make the most of their time before they cross the river to face the enemy.

Still horse-hunting, but in vain — Gregson, Wroe — et hoc genus omne. Nothing to sell except at unheard-of rates; tripeds, and the like, much the worse for wear, and yet possessed of some occult virtues, in right of which the owners demanded egregious sums. Everywhere I am offered a gig or a vehicle of some kind or another, as if the example of General Scott had rendered such a mode of campaigning the correct thing. I saw many officers driving over the Long Bridge with large stores of provisions, either unable to procure horses or satisfied that a wagon was the chariot of Mars. It is not fair to ridicule either officers or men of this army, and if they were not so inflated by a pestilent vanity, no one would dream of doing so; but the excessive bragging and boasting in which the volunteers and the press indulge really provoke criticism and tax patience and forbearance overmuch. Even the regular officers, who have some idea of military efficiency, rather derived from education and foreign travels than from actual experience, bristle up and talk proudly of the patriotism of the army, and challenge the world to show such another, although in their hearts, and more, with their lips, they own they do not depend on them. The white heat of patriotism has cooled down to a dull black; and I am told that the gallant volunteers, who are to conquer the world when they “have got through with their present little job,” are counting up the days to the end of their service, and openly declare they will not stay a day longer. This is pleasant, inasmuch as the end of the term of many of McDowell's, and most of Patterson's, three months' men, is near at hand. They have been faring luxuriously at the expense of the Government — they have had nothing to do — they have had enormous pay — they knew nothing, and were worthless as to soldiering when they were enrolled. Now, having gained all these advantages, and being likely to be of use for the first time, they very quietly declare they are going to sit under their fig-trees, crowned with civic laurels and myrtles, and all that sort of thing. But who dare say they are not splendid fellows — full-blooded heroes, patriots, and warriors — men before whose majestic presence all Europe pales and faints away?

In the evening I received a message to say that the advance of the army would take place to-morrow as soon as General McDowell had satisfied himself by a reconnoissance that he could carry out his plan of turning the right of the enemy by passing Occaguna Creek. Along Pennsylvania Avenue, along the various shops, hotels, and drinking-bars, groups of people were collected, listening to the most exaggerated accounts of desperate fighting, and of the utter demoralization of the rebels. I was rather amused by hearing the florid accounts which were given in the hall of Willard's by various inebriated officers, who were drawing upon their imagination for their facts, knowing, as I did, that the entrenchments at Fairfax had been abandoned without a shot on the advance of the Federal troops. The New York papers came in with glowing descriptions of the magnificent march of the grand army of the Potomac, which was stated to consist of upwards of 70,000 men; whereas I knew not half that number were actually on the field. Multitudes of people believe General Winfield Scott, who was now fast asleep in his modest bed in Pennsylvania Avenue, is about to take the field in person. The horse-dealers are still utterly impracticable. A citizen who owned a dark bay, spavined and ring-boned, asked me one thousand dollars for the right of possession; I ventured to suggest that it was not worth the money. “Well,” said he, “take it or leave it. If you want to see this fight, a thousand dollars is cheap. I guess there were chaps paid more than that to see Jenny Lind on her first night; and this battle is not going to be repeated, I can tell you. The price of horses will rise when the chaps out there have had themselves pretty well used up with bowie-knives and six-shooters."

SOURCE: William Howard Russell, My Diary North and South, Vol. 1, p. 425-7

Diary of 2nd Lieutenant Luman Harris Tenney: April 23, 1864

Went to the White House and went through the East Room and two or three reception rooms. Eight very large mirrors in the East room, velvet and gilt papering, heavy brussels carpet, elegant sofas. Reception room surpasses anything I ever saw. Waited at Soldier's Rest from 9 till 1 P. M. for Major Seward. Then got teams for baggage. Went to depot to have boats ready. Weather as mild and warm as in June. Streets very, very dusty. Willard's and Metropolitan fine hotels. Passed Treasury Building. Moved at 4 P. M. to Camp Stoneman, via Giesboro Point by boat. Drew tents.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 113-4

Major-General William T. Sherman to Lieutenant-General Ulysses S. Grant, May 28, 1865 – 7 a.m.

HDQRS. MILITARY DIVISION OF THE MISSISSIPPI,                       

In the Field, Camp near Finley Hospital,      

Washington, May 28, 1865 — 7 a.m.

[General GRANT:]

DEAR GENERAL: I got your letter late last evening, and hastened down to see General Augur, but he was not in, when I saw his officer of the day and provost-marshal, and asked them as a favor to me to arrest and imprison any officer or man belonging to my command who transgressed any orders, rules, or regulations of the place, more especially for acts of drunkenness, noise, or rowdyism. I also went around to your office, but you were not there, but I saw Colonel Bowers, and told him what I had done. I was on the streets until midnight, and assure you I never saw more order and quiet prevailing. I had also, during yesterday, ridden all through the camps and observed no signs of riot and drunkenness, and believe I may assure you that there is no danger whatever that the men we know so well, and have trusted so often, will be guilty of any acts of public impropriety. The affair at Willard's Hotel was a small affair, arising from a heated discussion between a few officers in liquor, late at night, and unobserved save by the few who were up late. I will see that no officers presume to misbehave because of the unfortunate difference between the Secretary of War and myself. Of that difference I can only say that every officer and man regarded the Secretary's budget in the papers of April 24, the telegram of General Halleck indorsed by himself in those of the 28th, and the perfect storm of accusation which followed, and which he took no pains to correct, as a personal insult to me. I have not yet seen a man, soldier or civilian, but takes the same view of it, and I could not maintain my authority over troops if I tamely submitted to personal insult, but it is none the less wrong for officers to adopt the quarrel, and I will take strong measures to prevent it. I hope the good men of the command will have a few days in which to visit the Capitol and public grounds, to satisfy the natural curiosity, and then if the presence of so large a body of men so near Washington is deemed unpleasant I would suggest that the armies be dissolved, and all matters of discharge be imposed on the corps commanders, who have the lawful power in the premises, and during the period of pay and discharge and consolidation, these corps might be scattered, say one to Bladensburg (Twentieth), one to Relay House (Fourteenth), one to Monocacy (Fifteenth), and one to Frederick (Seventeenth). I would much prefer this to sending them back to the south bank of the Potomac, where they are crowded in with other troops, and have only choice of inferior ground for camps. I thank you for leaving the matter of orders to my management, and I will put myself and command perfectly on an understanding with General Augur and his garrison, and assure you that nothing offensive shall occur of any importance. Such little things as a tipsy soldier occasionally cannot be helped, but even that shall be punished according to “local orders.”

With great respect,

W. T. SHERMAN,

Major-General, Commanding,

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 47, Part 3 (Serial No. 100), p. 581-2

Lieutenant-General Ulysses S. Grant to Major-General William T. Sherman, May 27, 1865

WASHINGTON, May 27, 1865.

Maj. Gen. W. T. SHERMAN,

Commanding Military Division of the Mississippi:

General Augur has just been to see me on the matter of the conduct of men and officers of your command since coming north of the Potomac. He says that a deep feeling is exhibited by them, especially when a little in liquor, on account of the difficulties between yourself and Secretary Stanton He has purposely avoided arresting them for fear of leading to violence and the charge that it is a hostility on the part of the Secretary to them and to yourself. Yesterday many of the officers were at Willard's, drinking and discussing violently the conduct of Mr. Stanton, and occasionally would jump on the counter and give three groans for Mr. Stanton, then get down and take another drink. Without giving any order in the matter, I think it will be advisable for you either to direct guards to be placed around the camps and prohibit officers and men from coming out except with passes from their division commanders or such other officers as you may direct, or move to the south side of the river. You can manage this without any order from me. What we want is to preserve quiet and decorum and without apparently making any distinction between the different armies. General Augur says that when the men of the different armies meet in town, if drinking, they are sure to fight, and both your army and Meade's pitch into the Veteran Reserves indiscriminately. The Army of the Potomac, being on the south side of the river, can be kept out of the city, except when they come with proper passes.

U. S. GRANT,

Lieutenant-General.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 47, Part 3 (Serial No. 100), p. 576

Diary of John Hay: [April 27, 1864]

On the evening of the 25th Fox, who had been frequently telegraphed by Butler to come down to Fort Monroe, determined to go, and asked me to go with him. We started for the Navy Yard at 5.30, passing Willard’s while Burnside’s splendid column was moving down 14th Street across the Long Bridge into Virginia. This is the finest looking and best appointed force I have ever yet seen. A little gorgeous and showy, reminding one of the early regiments who went shining down to Bull Run and the Peninsula as if to a picnic. The 3d N. J. Cavalry looked fine and yellow in their new cloaks and gold-braided breasts. The officers looked so superbly outlandish that it surprised one to hear them speaking in a Yankee accent, pure American as Cash Clay calls it. The black regiments looked well, and marched better than others — as in fact they always do.

We went down the river among the twilight “shadders” and got some fish and dined off shad roe and shad. Fox had brought with him some of his choice Oolong tea. . . . We got to Fortress Monroe in the morning, and Welles and I visited the “Iroquois,” Capt. Raymond Rogers, while Fox went to see the General. Coming ashore we skirmished for some time about the walls of the Fortress before we could find the right entrance. We went in; saw Schaffer and Kent who was lounging round with an air intensely ennuyeé, and who said: — “There are plenty of indications here which to a green hand would presage an early movement; but we blasé fellows don't seem to see it; we are familiar with large promise and scanty performance.”

Joined Butler and Fox on the ramparts. Butler said he was walking there for the first time in several months; preferring to take necessary exercise on horseback. He spoke highly of the negro troops — especially of their walking powers. They start off and trot slouchingly without wasting any muscle in grace of action, he said, illustrating the shuffling step, on the ramparts, bending his knees, and dragging his feet over the oniony grass. He spoke of the delight with which Bob Ould ate the good dinners he got while at the Fort — saying that one breakfast he got at Shaffers would have cost $2,000 in Richmond. . . . . I had a good deal of a talk with Shaffer, one of “the best staff a man was ever blessed with, — Strong Turner Shaffer and Weitzell” as Butler says. Shaffer is sanguine about the coming movement. “We will fasten our teeth,” he says, “on his line of supplies, and he must leave his positions to come and beat us off;” — relying on Grant’s not being the man to let that be done quietly. . . .

Fox seemed troubled sorely by the prospect. He fears the details have not been sufficiently studied; that the forces are to bulge ahead and get badly handled; that they rely on help from the navy in places where the navy cannot possibly help, — but rather “will be useless as an elephant with his trunk unscrewed and his tusks unshipped;” that going up the James between the precipitous banks, a few riflemen on the banks will produce a panic that nothing can remedy. He seemed surprised that the navy should not have been informed of the intended movement until to-day; or that Grant should have sanctioned, and concluded that G. must be letting the thing slide on without suggestion from him, to squelch it before it was consummated, or, relying upon his other plans, might have given this column up to the fate of a reconnoissance in force which will have accomplished its object if it diverts from his front a force large enough to destroy it. . . . .

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 183-6; See Michael Burlingame and John R. Turner Ettlinger, Editors, Inside Lincoln’s White House,: the complete Civil War Diary of John Hay, p. 189-91 for the full entry.

Diary of John Hay: April 24, 1864

To-night Gen. Burnside came up with me from Willard's to see the President.  They talked about the opening campaign more than anything else. . . . He gave some interesting reminiscences of the siege of Knoxville (Tad laughing enormously whenever he saw his father's eye twinkle, though not seeing clearly why).

Burnside and Sigel are the only ones in motion in accordance with the Order for a general movement on the 23d.

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 182-3; Michael Burlingame and John R. Turner Ettlinger, Editors, Inside Lincoln’s White House,: the complete Civil War Diary of John Hay, p. 188.

Diary of John Hay: January 1, 1864

. . . . . I left Willard’s yesterday and went to live at Club to-day.

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 146; for the entire diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and Letter of John Hay, p. 148.

Diary of John Hay: October 29, 1863

I went down to Willard’s to-day and got from Palmer, who is here, a free ticket to New York and back for Walt. Whitman, the poet, who is going to New York to electioneer and vote for the union ticket.

Saw Garfield and Hunter. Hunter is just starting for the West on a tour of inspection. I would give my chances for to go with him, but Nicolay still stays in the sunset, and I am here with a ball and chain on my leg. . . .

I told the Tycoon that Chase would try to make capital out of this Rosecrans business. He laughed and said, “I suppose he will, like the blue-bottle fly, lay his eggs in every rotten spot he can find.” He seems much amused at Chase’s mad hunt after the Presidency. He says it may win. He hopes the country will never do worse.

I said he should not, by making all Chase’s appointments, make himself particeps criminis.

He laughed on, & said he was sorry the thing had begun, for though the matter did not annoy him, his friends insisted that it ought to.

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 112-3; For the whole diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and letters of John Hay, p. 109-11