The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-28
LINCOLN AS A
CROSS.EXAMlNER

In order to illustrate his remarks
Francis L. Wellman. in his new book
The Art of Cross Determination" CIac,
miIlan). quotes a simple but instruct =
example of cross-eXamination from
Judge ]. w. Donovan's Tact in Court.
The example is doubly interesting in
that it occurred in the course of Abra-
ham Lincoln's first appearance for the
defence in a murder trial:
..Grayson was charged with shooting
Lockwood at a camp-meeting, on the
evening of August 9, Is, and with
running away from the scene of the
killing. which was witnessed by Sovine.
The proof was so strong that even with
an excellent previous character, Gray
son came very near being lynched on
two occasions soon after his indict-
ment for murder.
The mother of the accused, after
falling to secure older counsel, finally
engaged young Abraham Lincoln, as
he was then called. and the trial came
on to an early hearing. No objection
was made TO the jury, and no cross
examination of witnesses, save the last
and only important one, who swore
that he knew the parties, saw the shot
fred by Grayson, saw him run away,
and picked up the deceased, who died
instantly.
THE evidence of guilt and identity
was morally certain. The attendance
was large. the interest intense. Gray
sons mother. began to wonder Why
Abraham remained silent so long, and
why he. didn't do something The peos
pie finally rested. The tall lawyer
nd he ct o
witness in silence, without books or
notes. and slowly began his defense by
these questions:
Lincoln: And you were with Lock
wood just before and saw the shoot
ing| .-s b. .s4--} '
Witness: Yes. e,5a9 ~.
Lincoln: And you stood very near
Witness: No. about twenty feet
away"
LINCOLN: May it not have been ten
feet?' .s...
WITNESS: NO. it was twenty feet or
more
a'Lincoln: In the open feld?'
Witness: NO, in the timber
Lincoln: What kind of TIMBER
Witness: Beech timber
Lincoln: Leaves on it are rather
thick in August!
Witness: Rather
Lincoln: And you think this pistol
was the one used?'
Witness: 1t looks like it,
Lincoln: You could see defendant
how the barrel hung, and all
about ito
Witness: Yes
Lincoln: How near was this to the
meeting-place"
Witness: Three-quarters of mile
away
Lincoln: Where were the lights
Witness: Up by the minister's
stand
Lincoln: 'Three-quarters of mile
,way?'
Witness: 'YesI answered We twiste.
Lincoln: Did you not see a candle
here, with Lockwood or Grayson?'
Witness: No; what would we want
1 candle for?'
Lincoln: How. then, did you see the
shooting2' ~
Witness: BY moonlight DEFIANT
VI -
Lincoln: You saw this shooting a
ten o'clock at night-in beech timber,
of a mile from the lights
saw the pistol barrel-saw the man
ire-saw it twenty feet away-saw it
al by moonlight? Saw it nearly a mile
away from the camp-lights?'
Witness: Yes, l told you so before.
The interest was now so intense that
men leaned forward to catch the small
est syllable. Then the lawyer drew out
4 blue-coVered almanac from his side
coat pOcket-Opened it slowIy-offered
It in evidence-showed it to the jury
and court-read from a page with care
,ul elaboration that the moon on that
night was unseen, and only arose at
)ne o'clock the next morning.
Following this climax, Mr. Lincoln
moved the arrest of the perjured wit
ness as the real murderer, saying:
Nothing but a motive to clear himself
,ould have induced him to swear away
so falsely the life of one who never did |
Tim harm,' With such determined en- |
)hasis did Lincoln present his showing
hat the court ordered Sovine arrested. |
md under the strain of excitement ne |
broke down and confessed to being the |
me who fired the fatal shot himself, but |
laOiaH v-aS inf