The daily star-mirror. (Moscow, Idaho) 1911-1939, 1917-02-05
Mr.. Lincoln S
Defense of a Client
By F. A. Mitchell

ADTdudIu Ll1COlu WAS dlteHuluS COui
at Beardstown, ILL., One day he wa
approached by poor woman, evidentl
in great distress, who said to him:
"Mr. Lincoln, my son is about to b
tried for his life 1t looks as thong
he was guilty of murder, but he ISM
If can't find some lawyer who is capa
bic of putting his case in favorabl
light I'm afraid he is doomed
This appeal, preliminary to many 9th
ers from mothers to save their son
when Mr.. Lincoln was called upon t.
sign death warrants of convicted sol
diers, was sure of effect on the tende
hearted Lincoln. He consented at once
and began to familiarize himself will
the case.
In August of the previous year viii
liam Armstrong, who lived at Peters
burg, ILL.,, Joined a crowd of ruff1ans
near a camp meeting in Menard coun
ty while drunk and got into fight
With a man named Mitzker Later on
the same day Mitzker 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.
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 weapon of some kind. The
, public was of the opinion that both
Morris and Armstrong were guilty of
murder.
| 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.
"About how far were you from the
two men when you saw Armstrong
strike Mitzker?" 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 how high was the moon
above the horizon?'
"About as high as the sun at 10
o'clock in the morning.
"Are you certain there was a moon?"
positive"
"Are you sure you are not mistaken
about the moon shining as you have
said?"
II am not mistaken"
did you see Armstrong strike
Mitzker and Mitzker fall by the light
of the moon?'
II did"
What did Armstrong strike him
WITH"
"a slungshot"
where did he strike Mitzker?"
"On the side of the head.
Eat what time of night did you say
Armstrong struck Mitzkery'
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, it did not appear that the
jury could bring in any verdict than
Of guilty. But before the judge would
charge them it was Mr.. Lincoln's priv
He rose to speak with a little pam
phlet in his hand
He reviewed the testimony dwelling
infinitely on that of 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
1ence bearing on the case this almanac
covering the period at which Mitzker
uct LIS uedlH. II SHOWS cOuCluSlfeIy |
hat at the hour when the witness says
lie saw the prisoner by the light of the
noon no moon shone."
Mr.. Lincoln. his strong sympathetic
nature moved by the appeal Of the
prisoners mother, then made one of
he most forceful appeals ever made
n courtroom. He still had much to
10 to save lis client. for there was
,ther evidence against Armstrong be- :
ides that of the man who had seen by
when there was no moon. :
But Mr.. Lincoln was equal to the oc-
aston. The jury were out five hours,
'ut when they returned it was with
verdict of not guilty.
There is no record at hand of the :
Gene between the old mother and the
nan who had saved her son, but it
equires no effort of the imagination to '
icture it,
1t was this tender heartedness, min
lied with great physical and mental
trength, that has endeared the mar
yred president to those who lived in