The Lakeland evening telegram., 1917-02-20
MIR. Lincoln S,
Defense of a Client
BY F. A. MICHEL

elected to the highest office in the gift
OF the people of the United States
Abraham Lincoln was attending court
at Beardstown. III. One day he was
approached by poor woman. evidently
In great distress, who said to him:
Mr.. Lincoln, my son is about to be
tried for his life. 1t looks as thoueh
he was guilty of murder. but he isn't
III can't find some lawyer who is cana
Bile of putting his case in a favorable
light I'm afraid he is doomed"
This appeal, preliminary to many 9th.
ers from mothers to save their sons
when Mr.. Lincoln was called upon 10
sign death warrants of convicted sol
diers, was sure Of effect on the tender
hearted Lincoln. lie consented at once
and began to familiarize himself with
the case.
In August Of the previous year Viii
liam Armstrong. who lived at Peters
burg. ILL.,. Joined crowd OF ruffians
near camp meeting in Menard coun.
ty while drunk and got into a fight
/ with a man named Mitzker Later on
the same day Alitzker was hit with
an OK yoke by another drunken man
named Morris Three days later Mitz
/ ker died. Both Armstrong and Morris
were arrested and charged with muir
der. Marks of two blows were found
on Mitzker's dead body, either of which
might have caused his death. 1t was
! proved conclusively that Morris struck
one of these blows He was tried, con-
/ victed and sentenced to serve eight
years in the penitentiary.
4 Then came the trial of Armstrong
! for having struck the other blow He
claimed to have fought with nothing
/ but his fists, but both the marks on
/ Mitzker's body had undoubtedly been
made by a weapon of some kind. The
4 public was Of the opinion that both
! Morris and Armstrong were guilty of
murder.
4 1t was Armstrong for whom the ap.
peal was made TO Mr. Lincoln by the
accused mans mother. Mr. Lincoln at
once went to the attorneys who had
been selected for the defense and ask
ed them If he might be permitted TO
assist them. They consented. and Mr.
, Lincoln assumed charge of it.
There was one witness for the prose
cution who claimed that he had seen
Armstrong deal the fatal blow.
4 "About how far were you from the
txrn 4 a.t
strike Mitzker?" asked Mr.. Lincoln.
i about forty feet. was standing
on ground higher than that on which
they stood and looked down on them"
"Was the night dark or lighti"
1T was very light"
! ANY moon?"
"Yes. The moon was shining very
bright, almost as bright as day"
"About how high was the moon
above the horiZonT'
about as high as the sun at 10
o'clock in the morning"
Are you certain there was moonT
Positive"
"Are you sure you are not mistaken
d ubOut tnt ih'oh Shiiiihb uo sou ia Z
said?"
Il am not mistaken"
did you see Armstrong strike
Mitzker and Mitzker fall by the light
of the NOON"
II did"
"What did Armstrong strike him
with
"a slungshot."
"Where did he strike Mitzker"
"On the side of the head"
AT what time of night did you say
! Armstrong struck MitzkerT
about 10 o'clock"
| 1t was now the prosecuting attorneys
turn to take the case, and on this dam.
aging evidence he asked for a convic-
ton. Indeed, II did not appear that the
Jury could bring In any verdict than
of guilty. But before the judge would
charge them 1t was Mr.. Lincoln's priv
ilege TO make the closing argument.
He rose to speak with a little pam.
phlet in his hand.
He reviewed the testimony, dwelling
minutely on that of the witness who
had seen the prisoner strike the fatal
blow. Then he opened the pamphlet.
II would ask permission of the
court" he said. Ito introduce as evil
dence bearing on tie case this almanac
covering the period at which Mitzker
met his death. 1t shows conelusively
that at the hour when the witness says
he saw the prisoner by the light of the
moon no moon shone."
Mr.. Lincoln. his strong sympathetic
| nature moved by the appeal OF the
prisoners mother. then made one OF
the most forceful appeals ever made
In a courtroom. He still had much to
do to save his client, for there was
! other evidence against Armstrong be-
sides that of the man who had seen by
moonlight when there was no moon.
But Mr.. Lincoln was equal to the oc-
casion. The jury were out five hours.
I but when they returned 1t was with
! a verdict Of not guilty.
There is no record at hand OF the
scene between the old mother and the