CHAPTER X.

A CASE IN COURT

We are told by Mr. Lamon, that Mr. Lincoln got his license as an

attorney early in 1837, and commenced practice regularly as a lawyer in

the town of Springfield, in March of that year. It is with this place

that his name was associated for the remainder of his life. Though it

contained at that time less than two thousand inhabitants, it was a town

of considerable importance. The list of the local bar contained the

names of several men of ability and reputation. Stephen A. Douglas,

already referred to, was public prosecutor in 1836. Judge Stephen T.

Logan was on the bench of the Circuit Court. There was John T. Stuart

also, who had recommended young Lincoln to become a lawyer, and was now

his partner.

The law office of Stuart and Lincoln was in the second story above the

court-room, in Hoffman’s Row. It was small and poorly furnished.

Lincoln slept in the office, and boarded with Hon. William Butler, who

appears to have been a politician and wire-puller.

At last, then, after a youth of penury, a long hand-to-hand struggle

with privations in half a dozen different kinds of business, we find our

hero embarked in the profession which, for the remainder of his life, he

owned as mistress. He is twenty-eight years of age, with some

legislative experience, but a mere novice in law. But he was ambitious,

and in spite of his scanty equipment as regards book-knowledge, he made

up his mind to succeed, and he did succeed.

Though I am thereby anticipating matters, I propose to relate an

incident of his law practice which I find quoted in “Raymond’s History”

of Lincoln’s Administrations, from the _Cleveland Leader_. It

illustrates not merely Mr. Lincoln’s methods and shrewdness as a lawyer,

but also his fidelity to friends.

This is the story:

“Some four years since, the eldest son of Mr. Lincoln’s old friend, the

chief supporter of his widowed mother--the good old man having some

time previously passed from earth--was arrested on a charge of murder. A

young man had been killed during a riotous _mélée_ in the night time at

a camp-meeting, and one of his associates stated that the death-wound

was inflicted by young Armstrong. A preliminary examination was gone

into, at which the accuser testified so positively, that there seemed no

doubt of the guilt of the prisoner, and therefore he was held for trial.

“As is too often the case, the bloody act caused an undue degree of

excitement in the public mind. Every improper incident in the life of

the prisoner--each act which bore the least semblance of rowdyism--each

school-boy quarrel--was suddenly remembered and magnified, until they

pictured him as a fiend of the most horrible hue. As these rumors spread

abroad they were received as gospel truth, and a feverish desire for

vengeance seized upon the infatuated populace, whilst only prison bars

prevented a horrible death at the hands of the populace. The events were

heralded in the county papers, painted in the highest colors,

accompanied by rejoicing over the certainty punishment being meted out

to the guilty party. The prisoner, overwhelmed by the circumstances in

which he found himself placed, fell into a melancholy condition

bordering on despair, and the widowed mother, looking through her tears,

saw no cause for hope from earthly aid.

“At this juncture the widow received a letter from Mr. Lincoln,

volunteering his services in an effort to save the youth from the

impending stroke. Gladly was his aid accepted, although it seemed

impossible for even his sagacity to prevail in such a desperate case;

but the heart of the attorney was in his work, and he set about it with

a will which knew no such word as fail. Feeling that the poisoned

condition of the public mind was such as to preclude the possibility of

impanelling an impartial jury in the court having jurisdiction, he

procured a change of venue and a postponement of the trial. He then went

studiously to work, unravelling the history of the case, and satisfied

himself that his client was the victim of malice, and that the

statements of the accuser were a tissue of falsehoods.

“When the trial was called on, the prisoner, pale and emaciated, with

hopelessness written on every feature, and accompanied by his

half-hoping, half-despairing mother--whose only hope was in a mother’s

belief of her son’s innocence, in the justice of the God she worshipped,

and in the noble counsel, who, without hope of fee or reward upon earth,

had undertaken the cause--took his seat in the prisoners’ box, and, with

a ‘stony firmness,’ listened to the reading of the indictment.

“Lincoln sat quietly by, whilst the large body of auditors looked on him

as though wondering what he could say in defence of one whose guilt they

looked upon as certain. The examination of the witnesses for the State

was begun, and a well-arranged mass of evidence, circumstantial and

positive, was introduced, which seemed to impale the prisoner beyond the

possibility of extrication.

“The counsel for the defense propounded but few questions, and those of

a character which excited no uneasiness on the part of the

prosecutor--merely, in most cases, requiring the main witnesses to be

definite as to time and place. When the evidence of the prosecution was

ended, Lincoln introduced a few witnesses, to remove some erroneous

impressions in regard to the previous character of his client, who,

though somewhat rowdyish, had never been known to commit a vicious act;

and to show that a greater degree of ill-feeling existed between the

accuser and the accused than between the accused and the deceased.

“The prosecutor felt that the case was a clear one, and his opening

speech was brief and formal. Lincoln arose, while a deathly silence

pervaded the vast audience, and, in a clear and moderate tone, began his

argument. Slowly and carefully he reviewed the testimony, pointing out

the hitherto unobserved discrepancies in the statements of the principal

witness. That which had seemed plain and plausible he made to appear

crooked as a serpent’s path. The witness had stated that the affair took

place at a certain hour in the evening, and that, by the brightly

shining moon, he saw the prisoner inflict the death-blow with a

slung-shot. Mr. Lincoln showed that at the hour referred to, the moon

had not yet appeared above the horizon, and, consequently, the whole

tale was a fabrication.

“An almost instantaneous change seemed to have been wrought in the minds

of his auditors, and the verdict of ‘not guilty’ was at the end of every

tongue. But the advocate was not content with this intellectual

achievement. His whole being had for months been bound up in this work

of gratitude and mercy, and as the lava of the overcharged crater bursts

from its imprisonment, so great thoughts and burning words leaped forth

from the soul of the eloquent Lincoln. He drew a picture of the perjurer

so horrid and ghastly, that the accuser could sit under it no longer,

but reeled and staggered from the court-room, whilst the audience

fancied they could see the brand upon his brow. Then in words of

thrilling pathos, Lincoln appealed to the jurors as fathers of some who

might become fatherless, and as husbands of wives who might be widowed,

to yield to no previous impressions, no ill-founded prejudice, but to do

his client justice; and as he alluded to the debt of gratitude which he

owed the boy’s sire, tears were seen to fall from many eyes unused to

weeping.

“It was near night when he concluded by saying that if justice were

done, as he believed it would be,--before the sun should set,--it would

shine upon his client a free man.

“The jury retired, and the court adjourned for the day. Half an hour had

not elapsed, when, as the officers of the court and the volunteer

attorney sat at the tea-table of their hotel, a messenger announced

that the jury had returned to their seats. All repaired immediately to

the court-house, and whilst the prisoner was being brought from the

jail, the court-room was filled to overflowing with citizens from the

town.

“When the prisoner and his mother entered, silence reigned as completely

as though the house were empty. The foreman of the jury, in answer to

the usual inquiry from the court, delivered the verdict of ‘Not Guilty!’

The widow dropped into the arms of her son, who lifted her up, and told

her to look upon him as before, free and innocent. Then with the words,

‘Where is Mr. Lincoln?’ he rushed across the room, and grasped the hand

of his deliverer, whilst his heart was too full for utterance. Lincoln

turned his eyes toward the west, where the sun still lingered in view,

and then, turning to the youth, said: ‘It is not yet sundown, and you

are free.’ I confess that my cheeks were not wholly unwet by tears, and

I turned from the affecting scene. As I cast a glance behind, I saw

Abraham Lincoln obeying the Divine injunction by comforting the widowed

and fatherless.”

When a lawyer can so bravely and affectionately rescue the innocent from

the machinations of the wicked, we feel that he is indeed the exponent

and representative of a noble profession. It is unfortunate that lawyers

so often lend themselves to help iniquity, and oppress the weak. Mr.

Lincoln always did his best when he felt that Right and Justice were on

his side. When he had any doubts on this point, he lost all his

enthusiasm and his courage, and labored mechanically. He believed in

justice, and would not willingly act on the wrong side. On one occasion

he discovered that he had been deceived by his client, and informed his

associate lawyer that he (Lincoln) would not make the plea. His

associate, therefore, did so, and to Lincoln’s surprise gained a

verdict. Convinced, nevertheless, that his client was wrong, he would

not accept any part of the handsome fee of nine hundred dollars, which

he paid. Only an honest and high-minded lawyer would have acted thus.

The Backwoods Boy; or, The Boyhood and Manhood of Abraham Lincoln · 第 10 / 34 章