The herald., 1895-06-04
SKETCHES FROM THE LIFE OF LINCOLN

1OT
q lie. Don't let it go on record The
cursed thing may come staring us in the
face long after this suit has been forgot.
i ten. The plea WAS withdrawn. By some
agency not our own the case was con-
tinued, and our clients interests were
! saved. l only relate this incident to illus
trate Lincoln's farseeing capacity. 1t
serves to show how overcautious he
seemed to be with regard to how his REG
ord might look in the future. / venture
the assertion that he was the only member
Of the bar in Springfield who would have
taken such q conscientious view of tho
matter.
One phase of Lincoln's character. al
most lost sight of in the commonly &c.
cepted belief in his humility and kindly
feeling under all circumstances, was his
righteous indignation when aroused In
such cases he was the most fearless man
ever knew. 1 remember a murder case in
which we appeared for the defense, and
during the trial of which tho 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 Tho
prosecution was jubilant, and Lincoln,
seeing defeat certain unless he recovered
his ground, grew very respondent. The
notion crept into his head that the courts
rulings, which We're absurd and almost
spiteful, were aimed at him, and this an
gered 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 posi-
tion before night" From that time for
ward it was interesting to watch him.
At the reassembling of court he arose to
read q few authorities in support of his
position. In his comments he kept within
the bounds of proprioty just far enough to
avoid a reprimand for contempt Of court.
He characterized the continued rulings
against him as not only unjust, but fool
ish, and, flguratively speaking, he peeled
the court from head to foot l shall never
forget the scene. Lincoln had the crowd,
a portion of the bar and the jury with
him. He knew that fact, and it, together
with the belief that injustice had been
dolo him, nerved him to a feeling of des-
peration. 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" Lin
coin had studied up the points involved,
but knowing full well the caliber of the
judge relied mostly on the moral effect of
his personal bearing and influence. He
was alternately furious and eloquent, pur-
suing the court with broad facts and
pointed inquiries in marked and rapid sue
cession. I remember he made use of this
homely incident in illustration of some
point: ''In early days party of men went
out hunting for wild boar. But the
game came upon them unawares, and
scampering away they all climbed the
trees save one, who, seizing the animal by
the cars, undertook to hold him, but de-
spairing of success cried out to his COM
panions in the trees, For God S sake. boys,
come down and help me let 60. Tho
prosecution eudeavored TO break him
down or even 'head him off, :" but all to
no purpose. His mastery arraignment of
law alS facts had SO effectually badgered
the judge that. strange as it may seem,
he pretended 70 see the error in his former
position and finally reversed his decision
iA Linccln's favor. The latter saw his
tslmph and surveyed a situation of which
he was the master His client was acquit-
ted, and he had swept the field.
The Stubborn Juror.
Ii the case of Parker versus Hoyt tried
in the United States court in Chicago
Lincoln, was one Of the counsel for tho de-
fendant The suit was on the merits of a
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 explained in his
argument the action of the water on the
wheel in manner so clear and intelligi-
BILE that the jury were enabled to compre-
re If
out the least difficulty. 1t was evident he
had carried the jury with him in most
mastery argument, the force of which
could not be broken by the reply of the
opposing counsel After the jury retired
he became very anxious and uneasy. The
jury were in another building, the win
dows Of which opened on the street, and
had been out for some two hours. In
passing along the street one Of the jurors
on whom we very much relied" :" relates
Lincoln's associate in the case, ''he being
a very intelligent man and firm in his
convictions, held up to him one finger.
Mr.. Lincoln became very much excited,
fearing it indicated that ! l 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 jury
man he had in Tazewell county the de-
fendant was safe. He was there employed,
he said, to prosecute a suit for divorce.
His client was pretty, refined and inter-
esting little woman and in court. The
defendant, her husband, was a gross, mo-
rose, querulous fault finding and uncom-
Portable man and entirely untitled for the
husband of such a woman; but although
he was able to prove the use of very often
sive and vulgar epithets applied by the
husband to his wife and all sorts Of an
noyances, yet there were no such acts Of
personal violence as were required by the
statute to justify divorce.
Lincoln did the best he could and ap-
pealed to the jury to have compassion on
the woman and not to bind her to such q
man and such a life as awaited her IL re-
quired to live longer with him. The jury
took about the samo view of it in their de-
liberations. They desired to find for his
fair client, but could discover no evidence
which would really justify verdict for
her. At last they drew up a verdict for
the defendant, and all signed but one fel-
low, who on being approached with the
verdict said coolly: Gentlemen, am 60
ing to lie down to sleep, and when you
get ready to give verdict for that little
woinan then wake me and not until then,
for before will give verdict against her
l will lilo here till / rot and the pismires
carry mo out through the keyholen Now,
observed Lincoln, if that juryman will
stick like tho man in Tazewell county VIC
l oIz%o 81 Il, Il