The herald., 1895-06-04
His Habits and Methods OF
Study
PHASES OF HIS CHARACTER
Intellectually Energetic, But Physi-
caIIy Lazy-Fiis Hatred of Shams
How He "Peeled" the Court
A Gratifying Profes sion-
al Triumph


/ Herndon and Jesse W. weik. Copyright, 1883,
by Jesse ". Weik. Copyright. 1892, by d. Ap-
pleton s. Col
XVII.
A lawyer in Beardstown relates this:
"Lincoln came into my Office ono day
with the remark, l see you We been suing
some of my clients, and I've come down
TO see about it.. He had reference to suit
had brought to enforce the specific per-
formance of contract. l explained the
case to him and showed my proofs. He
seemed surprised that I should deal so
frankly with him and said he would be as
frank with me; that my client was justly
entitled to decree, and he should so rep
resent it to the court, and that it was
against his principles to contest clear
matter of right. So my client got decd
for farm which, had another lawyer
been in Mr. Lincolns place. would have
been consumed by the costs Of litigation
for years, with the result probably the
same in the end" ~ young man onco
wrote to Lincoln inquiring for the best
mode of obtaining a thorough knowledge
of the law. 1.-The mode is very simple, ]"
he responded, though laborious and tedi-
Gus. 1t is only to get books and read and
study them carefully. Begin with Black
stones Commentaries, and after reading
carefully through, say, twice, take up
'Chitty's Pleadings,' Greenleafs Evil
dence' and 'Story's Equity in succession.
Work, work, work, is the main thing"
Eject of a woman's Tears.
Lincoln never believed in suing for a
fee If q client would not pay on request,
he never sought to enforce collection. l
remember once man who had been in
dicted for forgery or fraud employed US to
defend him. The illness of the prosecut-
ing attorney caused some delay in the case,
and, our client, becoming dissatisfied at
our conduct of the case, hired some one
else, who superseded us most effectually.
The defendant declining to pay us the fee
demanded, on the ground that we had not
represented him at the trial of the cause,
brought suit against him in Lincoln alb
sence and obtained Judgment for our fee.
After Lincolns return from the circuit
the fellow hunted him up and by means
of carefully constructed tale prevailed on
him to release the judgment without re-
ceiving cent Of pay. The mans unkind
treatment of US deserved no such mark Of
generosity from Lincoln, and yet he could
not resist the appeal of any one in poverty
woman in tears. 1t was no surprise to me
or any of his intimate friends THAT so
many designing women with the conven-
tional widows weeds and easy flowing
tears overcame h,m in Washington. it
was Giffi3ult for him to detect an impos-
tor; and hence it is not to be marveled at
that he cautioned his secretaries, Keep
them away-I cannot stand it. "
IN ,,oopr roroctiapc mead to or,,vr- e,,,,,,
what enthusiastic, adopting sometimes a
lofty metaphor by way Of embellishments.
Lincoln once warned me: Billy, don t
shoot too high-aim lower, and the com
mon people will understand you. They az
the ones you want to reach-at least they
are the ones you ought to reach. The edu-
Gated and refined people will understand
you anyway. If you aim too high, your
Sdeas will go over the heads of the masses
and only hit those who need no hitting
Whhile it is true chat from his peculiaa.
construction Lincoln dwelt entirely in the
head and in the land of thought and
while he was physically lazy man, yet
he was intellectually energetic. He was
not only energetic but Industrious; NOT
only Industrious but tireless; not only
tireless, but indefatigable. Therefore if in
debate with him man stood on ques-
tionable foundation he might well watch
whereon he stood. Lincoln could look a
long distance ahead and calculated the
triumph of right. With him justice and
truth were paramount. If to him thing
seemed untrue, he could not in his nature
simulate truth. His retention by man
to defend lawsuit did not prevent him
from throwing it up in its most critical
stage if he believed he was espousing an
unjust cause. This extreme conscientious
ness and disregard Of the alleged sacred
ness Of the professional cloak robbed him
of much so called success at the bar. He
once wrote to one of our clients: Il do not
think there is the least use of doing any,
thing more with your lawsuit. not only
do not think you are sure to gain it, but I
do think you are sure to lose it. There
fore the sooner it ends the better" Messrs.
Stuart and Edwards once brought suit
against a client Of ours which involved
the title to considerabl property. At that
time we had only two or three terms OF
court, and the docket was somewhat
crowded. The plaintiffs ATTORNEYS were
pressing US for a trial, and we were
equally anxious to ward it off. What we
wanted were time and continuance to
the next term. We dared not make an
affidavit for continuance, founded on facts.
because no such pertinent and material
facts as the law contemplated existed.
Our case for the time seemed hopeless.
One morning, however, I accidentally
overheard remark from Stuart indicat-
ing his fear lest certain fact should hap.
pen to come into our possession. / felt
some relief, and at once drew up a ficti-
tious plea, averring as best / could the
substance of the doubts knew existed in
Stuart's mind. The plea was as skillful-
~ drawn as l could do it and was framed
as if we had the evidence to sustain it,
The whole thing was sham, but so CON
stsucted as to work the desired continu.
asice, because l knew that Stuart and Ed
wards believed the facts We're as pleaded
them. This was done in the absence and
without the knowledge Of Lincoln. The
plea could not be demurred to, and the op
DOSING counsel dared not take the issue on
it. 1t perplexed them sorely.
AT length, before further steps were
tat en-, Lincoln came into court He looked
eal efully over all the papers in the case
rs was his custom, and seeing my ingen.
ious subterfuge as ked, Is this seventh plea
good oneP P,oud Of the exhibition OF
my skill, answered that it was. But, .
hGeinquired increduously, "is it founded
Uh facts" l was obliged to respond in tht
negative, at the same time following ur
my answer with an explanation of what
had overheard Stuart intimate, and o.
how these alleged facts could be called
facts If a certain construction were pu
up On them. l insisted that our position
f,,ct oh md tb,t ,1,o