The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1895-06-14

uTdWu. by SOulc dS0uCy lou our OWL
the case was continued, and our clients
interests were saved.
One phase of Lincoln's character, al
most lost sight of in the commonly &C.
cepted belief in his humility and kindly
feelings under all circumstances, was
his righteous indignation when aroused
In such cases he was the most fearless
man ever knew. I remember a MUIR
der case in which we appeared for the
defense, and during the trial of which
the judge, man of ability far inferior
to Lincoln's, kept ruling against us.
Finally very material question-in
fact, one around which the entire case
seemed to revolve-came up, and again
the court ruled adversely. The prosecu-
ton was jubilant, and Lincoln, seeing
defeat certain unless he recovered his
ground, grew very respondent. The no.
ton crept into his head that the courts
rulings, which were absurd and almost
spiteful, were aimed at him, and this
angered him beyond reason.
He told me of his feelings at dinner
and said, 81 have determined to crowd
the court to the wall and regain my po-
sition before night" From that time
forward it was interesting to watch him.
At the reassembling of court he arose to
read few authorities in support of his
position. In his comments he kept with
in the bounds of propriety just far
tempt of court. He characterized the
continued rulings against him as not
only unjust, but foolish, and, fgurative-
~ speaking, he peeled the court from
head to foot. shall never forget the
scene. Lincoln had the crowd, portion
Of the bar and the jury with him. He
knew that fact, and it, together with
him, nerved him to a feeling of despera-
ton. He was wrought up to the point
Of madness. When man of large heart
and head is wrought up and mad, as the
old adage runs, "he's mad all over "
Lincoln had studied up the points in
volved, but knowing full we'll the cali
Der of the judge relied mostly on the
moral effect Of his personal bearing and
influence. He was alternately furious
and eloquent, pursuing the court with
broad facts and pointed inquiries in
marked and rapid succession. The prose-
cution endeavored to break him down
or even "head him off, but all to no
purpose His mastery arrangement of
law and facts had so effectually badger
ed the judge that, strange as it may
seem, he pretended to see the error in his
former position and finally reversed his
decision in Lincoln's favor. The latter
saw his triumph and surveyed situa-
tion of which he was the master. His
client was acquitted, and he had swept
the field.
The Stubborn Juror.
In the case of Parker versus Hoyt,
tried in the United States court in Chi
cago, Lincoln was one of the counsel for
the defendant. The suit was on the mer-
its of an infringement of patent water
wheel. The trial lasted several days,
and Lincoln manifested great interest in
the case. In his earlier days he had run
or aided in running sawmill and ex-
planned in his argument the action Of
the water on the wheel in manner so
clear and Ineligible that the jury were
enabled to comprehend the points and
line of defense without the least diff
Guilty. TWAS evident he had carried the
jury with him in most mastery argu-
ment, the force of which could not be
broken by the reply of the opposing coun-
sci; After the jury retired he became
very anxious and uneasy. The jury were
in another building, the windows Of
which opened on the street, and had
been out fer some two hours. SIN pass
ing along the street one of the jurors on
whom we very much relied" relates
Lincoln's associate in the case, she be-
ing very intelligent man and firm in
his convictions, held up to him one fin
ger. Mr.. Lincoln became very much ex-
cited, fearing it indicated that / of the
jury were against him. He knew if this
man was for him he would never yield
his opinion. He added if he was like a
juryman he had in Tazewell county the
defendant was safe. He was there en-
ployed, he said, to prosecute suit for
divorce. His client was a pretty, refined
and interesting little woman and in
court. The defendant, her husband, was
a gross, morose, querulous, fault find
ing and uncomfortable man and entire
~ untitled for the husband Of such a
woman; but, although he was able to
prove the use of very offensive and vul-
gar epithets applied by the husband to
his wife and all sorts of annoyances, yet
there were no such acts of personal vio-
lence as were required by the statute to
justify divorce.
Lincoln did the best he could and
appealed to the jury to have compassion
on the. woman and not to bind her to
such man and such life as awaited
her if required to live longer with him.
The jury took about the same view of it
in their deliberations. They desired to
find for his fair client, but could dis
cover no evidence which would really
justify verdict for her. At last they
drew up verdict for the defendant, and
all signed but one fellow, who on being
approached with the verdict said coolly:
Gentlemen, l am going to lie down to
sleep, and when you get ready to give
verdict for that little woman then wake
me, and not until then, for before will
give a verdict against her will lie here
till I rot and the pismires carry me out
through the keyhole' Now observed
Lincoln, if that juryman will stick like