The Lakeland evening telegram., 1917-02-15
MIR. Lincoln S
Defense Of a Client
By F. a. MICHEL


approached by poor woman. evidently
in great distress. who said 10 him
"Mr Lincoln. my son is about 70 DE
tried for his life. 1t looks as though
he was guilty Of murder, but he ish L
III can't lind some lawyer who Is eapa-
BILE OF putting his ease in a favorable
light I'm afraid he is doomed.
This appeal. preliminary TO many oth-
ers from mothers to save their sons
when Mr.. Lincoln was called upon 70
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. H., joined crowd of ruilans
near a camp meeting III Meuard coun-
ty Willie drunk and got into a tight
with Il mau named Mh2kcr Later on
the same day MiJzkcr was Int with
all OK yoke by another drunken man
named Morris Three days later Mitz'
ker died. Both Armstrong and Morris
were arrested nud charged with mnr-
der. MARKS of two blows We're found
on Mtzhrrs deal holy. either Of which
might have cau-ni hi- Death II was
proved ronclu-ivrly tlat Norris struck
one Of these blows IL was tried, con-
victed and seasoned "a serve eight
years IN the pgaitrujiarS
Then came the trial ot 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.
II 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 he permitted to
assist them. They consented, and Mr..
Lincoln assumed charge of il.
There was one witness for the prose.
cution who claimed that he had seen
Armstrong deal the fatal blow.
About how far We're YOU from the
two men when you saw Armstrong
strike Mtzkert" 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"
ut was very light"
ANY moon:'
"ies The moon was shining very
bright, almost rs BRIGHT as day"
"About how high was the moon
above the horizon:"
about as high MS the sun at 10
O'Clock In the morning"
Are You certain there was a moonY''
Positive"
Are you sure YOU are not mistaken
about the moon shining as you have
saidf"
Il am not mistaken"
Did you sec Armstrong strike
Mitzker and Mitzker fan by the light
of the NOON
Il 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 Mit2kcrT
about 10 o'clock"
1t WAS now the prosecuting attorney
turn to take the case. and on this dam.
aging evidence he asked for a conyic
tion. Indeed, it 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
lie rose 10 speak with little pam
phlet in his hand.
lie reviewed the testimony. DWELLING
minutely on that of the witness VIII,
had seen the prisoner strike the fata
blow. Then he opened the pamphlet.
Il would ask permission of th,
court" he said. TO introduce as eyi
dence bearing on the case this almana,
covering the period at which Mitzke,
met his DEATH 1t shows conclusivel,
that at the hour when the witness saw,
he saw the prisoner by the light of tb,
moon no moon shone."
Mr.. Lincoln. his strong sympatheti,
nature moved by the appeal of tn,
prisoners mother. then made one o
the most forceful appeals ever mad
In courtroom. He still had much +,
do TO save his client, for there wa
other evidence against Armstrong be
sides that of the man who had seen h,
moonlight when there was no moon
But Mr.. lincoln was equal to the oc
casion. The jury We're out five hours
but when they returned 1t was Wit
verdict of not guilty
There is no record at hand OF th
scene between the old mother and th
man who had saved her son. bur
requires no effort of the Imagination +
picture IT,
1t was this tender heartedness. mir
gled with great physical and menta
strength. that has endeared the MAJ