"The little-known stories behind well-known inventions"

An 1859 murder leads to the invention of a new legal maneuver          By Paul Niemann

[AUG. 25, 2005]  I don't mind if Hallmark invents new holidays to sell more greeting cards, but when pharmaceutical companies start inventing new disorders just to sell more pills, that's when I draw the line.

This column usually delves into the little-known stories behind well-known inventions, but we occasionally cover items that aren't technically known as inventions. For example, have you ever wondered who creates things like legal maneuvers, or even the lyrics to a certain song?

The man who invented the plea of temporary insanity was a lawyer (of course!) named Edwin Stanton. We hop into the "way-back machine" to the year 1859 and the city of Washington, D.C. What made this case interesting was the high profile of the people involved.

Stanton's client was Daniel Sickles, who murdered a man named Philip Key. You've probably never heard of either man. Sickles was a U.S. senator at the time, while Key was a U.S. attorney for the Washington, D.C., area.

Sickles and Key knew each other at the time of the murder. Key was a widower who had four young children. So why would anyone want to kill someone who is raising four kids by himself? More surprisingly, the townspeople cheered when the verdict -- a "not guilty" -- was announced.

Key had met Sickles' wife at an inauguration for President James Buchanan, and the two began an affair. The townspeople considered Sickles' actions justified, and the case marked the first time that someone had successfully used the temporary insanity plea.

What happened to Dan Sickles after that? Was he scorned and treated like a murderer, even though he was acquitted? Quick, what rhymes with "SoJay"?

No, not by a long shot. He went on to become an officer at the Battle of Gettysburg, where he lost a leg.

The lawyer who helped get him acquitted, Edwin Stanton, became Abraham Lincoln's secretary of war in 1862. He was later appointed to the Supreme Court, but he died before he could be sworn in.

As for Philip Barton Key, his significance to this story is that he was the son of Francis Scott Key, the man who wrote "The Star-Spangled Banner."

[Paul Niemann]

Paul Niemann may be reached at [e-mail].

© Paul Niemann 2005