The Barre daily times. (Barre, Vt.) 1897-1959, 1917-02-12
MIR. Lincoln's
Defense Of a Client
By F. A. Mitchell


of the people of the United States
Abraham Lincoln was attending court
at Beardstown, ILL., 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 though
he was guilty Of murder, but he isn't.
If / can't find some lawyer who is capa-
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 to
sign death warrants of convicted sol
diers, was sure Of effect on the tender
hearted Lincoln. He consented at once
and began to familiarize himself with
the case.
In August Of the previous year Will
liam Armstrong, who lived at Peters
burg, ILL.,, Joined a crowd of ruffians
near a camp meeting in Menard coun-
ty while drunk and got into a 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-
wicted and sentenced to serve eight
years in the penitentiary.
Then came the trial Of Armstrong
6or 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 II he might be permitted to
assist them. They consented, and Mr..
Lincoln assumed charge OF II.
There was one witness for the prose-
rution 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 lightT'
at 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 moong'
Positive"
Are you sure you are not mistaken
hbout the moon shining as you have
eaid?"
II am not mistaken"
did you see Armstrong strike
hiitzker and Mitzker fall by the light
of the moon?"
II did,"
what did Armstrong strike him
WITH"
"A slungshot"
Where did he strike Mitzker7"
ION 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 il
burn to take the case, and on this dam
Hging evidence he asked for convic-
lion. 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
llege to make the closing argument. {
He rose to speak with a little PAM
phet 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
fence bearing on the case this almanac
covering the period at which Mitzker
met his death. 1t shows conclusively
that at the hour when the witness says
be 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
he most forceful appeals ever made
n a courtroom. He still had much to
10 TO save his client, for there was
,ther evidence against Armstrong be-
tides that of the man who had seen by
when there was no moon.
But Mr.. Lincoln was equal to the &C.
'asion. The jury were out five hours.
Dut when they returned it was with
/ verdict of not guilty.
There is no record at hand Of the
icene between the old mother and the
nan who had saved her son, but 1t
'equires no effort of the Imagination to
picture IT,
1t was this tender heartedness, min
yled with great physical and mental
strength. that has endeared the mar
yred president TO those who lived in
lis day and those who live now. half
century after his death. The secre-
airy of war and the generals of the
,rmv ~anSidorad IN n UaaknaSo and