The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-29
LINCOLN AS A
CROS.EXAMlNER

In order to illustrate his remarks,
Francis l.. Wellman, in his new book,
| 'The Art of Cross Determination" (Mac-
millan), quotes a simple but instructive
| example of cross-examination from
Judge j. 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 8. 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
and picked up the deceased. who died
| instantly.
1.-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 PEG
pie finally rested. The tall lawyer
Gincoln) stood up and eyed the strong
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?'
Witness: Yes
Lincoln: And you stood very near
to them?'
witness: No; about twenty feet
away
Lincoln: May it not have been ten
feet?'
witness: No, It was twenty feet or
more
Lincoln: In the open field?'
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
shoot-see how the barrel hung, and all
about it?'
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 a mile
away?'
"Witness 'Yes-I answered we twiste.'
Lincoln: Did you not see a candle
there, with Lockwood or Grayson?'
witness: No; what would we want
candle for?'
Lincoln: How. then, did you see the
shooting?'
witness: BY moonlight Defiant
ly.)
Lincoln: You saw this shooting at
ten o'clock at night-in beech timber,
three-quarters of mile from the lights
saw the pistol barrel-saw the man
fire-saw 1t twenty feet away-saw it
all by moonlight? Saw it nearly mile
away from the camp-lights"
Witness: Yes, 1 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
blue-covered almanac from his side
coat pocket-opened it slowly-offered
it in evidence-showed 1t to the jury
and court-read from page with care
full elaboration that the moon on that
night was unseen, and only arose at
one 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 q motive to clear himself
could have induced him to swear away
so falsely the life of one who never did
him harm! With such determined en-
phasis did Lincoln present his showing
that the court ordered Sovine arrested,
and under the strain of excitement he
broke down and confessed to being the
one who fired the fatal shot himself, but
denied it was Intentional"
A CEMETERY AT