Alma record. (Alma, Mich.) 1878-1928, 1917-05-24
MIR. Lincoln S
Defense Of a Client
By F. 4. Mitchell


approached by poor woman, evidently
i'm great distress, who said TO him
Mr. Lincoln. my son is about TO he
tried for his life. 1t looks ns thou n
lie was guilty of murder, but he mt
If ! can't find some lawyer who l. ,tana.
BILE Of putting his case in AZ favorable
light I'm afraid he is doom ed"
This appeal, preliminar, 10 many 9th
ers from mothers TO ave their sons
when Mr. LINCOLN vfas called upon 10
sign death warrGhis of convicted sol
dcrs. .ras sure OF effect on the tender
hear<cd LINCOLN He consented at once
! and began 60 fnmiliarize himself with
/ the case.
In August OF the previous year viii
liam Armstrong. who lived at Peters
burg. ILL.,, Joined a crowd OF ruffians
near a camp meeting in Menard coun-
~ while drunk ana got into Il fight
1 with a man named Mitzkcr Later on
the same day Milaker 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 Mitzkers dead body, either OF which
might have caused his death. IL was
proved conclusively that Morris struck
one Of these blows. He was tried, con-
victed aud sentenced 10 serve eight
years in the penitentiary
Then came the trial OF Armstrong
for having struck the other blow. He
claimed 10 have fought with nothing
but his fists. but both the marks OH
Mtzkers body had undoubtedly been
made by weapon Of some kind. The
public was OF the opinion that both
Morris and Armstrong were guilty of
murder
II was Armstrong for whom the APP
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
eel them IL he might be permitted 10
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.
About how far were YOU from the
two men whcu You saw Armstrong
strike Mitzkerf" asked Mr.. Lincoln.
About forty feet. | was standing
on ground higher than that on which
they stood and looked down on them"
Was The night dark or light
1T was very light"
ANY moon;"
Eyes. The moon was shining very
bright almost as bright as day"
About low high was the moon
above the horizon?'
About as high as the sun At 10
e'clock in the morning
Are YOU certain there was noon"
Positive"
Are You sure YOU are not mis- AIKEN
about the moon shining as You have
said:"
Il am not mistaken"
Did YOU see Armstrong strike
Mitzker aud Mitzker FAN by The light
OF the NOON"
IL did
What did Armstrong strike him
with"
A stun gshot
Where did lie strike Mitsker:"
"On the side OF The heal"
AT what time OF night did won say
Armstrong struck NIitzker:"
About 10 o'clock"
Ii was now the prosecuting ATTORNEYS
turn to take the case ana on this dam /
aging evidence he asked Tor a conyic-
ton. Indeed, II did not az Dear that the /
jury could bring in any verdict than /
OF guilty. But before tic Judge would |
charge them IL was Mr.. Fincoln's priv |
ilege to make the closl argument |
he rose 10 speak with little pam 1
phlet In his hand.
lie reviewed the Testimony. dwelling I
minutely on that or the witness who |
had seen the prisoner strike The fatal /
blow. Then he opened the pamphlet.
Il would ask permission OF the
court he said. ITO introduce as evil
dence bearing on the case This almanac
covering the period at which Mitzker
met his death IL shows conclusively |
that at the hour when the witness saws
he saw the prisoner by the light OF the
moon no moon shone."
Mr.. Lincoln. hiss strong sympathetic I
nature moved by The appeal OF the
prisoners mother, then made one OF
the most forceful appeals ever made
In 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 &C.
casion The jury were out 1--WE hours.
but when they returned IL was with
Al verdict of not guilty.
There is no record al hand of the
scene between the old mother and the
man who had saved her son. but it
requires 10 effort Of tie imagination 10
picture IT,
Il was this tender hcartcdncss min
gled with great physical and mental
strength. that has endeared the mar
tyred president 10 those wlIo lived in
his day ana those who live now. half
a century after his death The secre-
tary Of war and the generals of the
army considered II 4 weakness and
stumbling block But while they are
remembered with indifference Mr.. Lin
coins name is beloved by millions OF
those who live ia successive genera
tions