Lincoln’s Own Stories Anthony Gross, Editor (1912) Abraham Lincoln, The Lawyer George W. Miner tells the following story of the manner in which Mr. Lincoln handled a jury: "In the spring term of the Tazewell ounty ourt! in #$%! I was detained as a witness. Lincoln was employ employed ed in se&era se&erall suits! suits! and among among them was one of Case vs. 'now (roth (rothers ers )who )who were were *oth *oth minor minors+ s+ had Snow Brothers Brothers. The 'now purchased from a Mr. ase what was then called a ,prairie team!, consisting of two or three yo-e of oen and a prairie plow! gi&ing therefore their joint note for some two hundred dollars/ *ut when pay0day came they refused to pay! pleading the minor act. The note was placed in Lincoln,s hands for collection. The suit was called and a jury impaneled. The 'now (rothers did not deny the note! *ut pleaded through their counsel that they were minors! and that Mr. ase -new they were at the time of the contract and con&eyance. 1ll this was admitted *y Mr. Lincoln! with his peculiar phrase! ,2es! gent gentle leme men! n! I recec-on that that,s ,s so., so., The The mino minorr act act was was read ead and and its its &ali &alidi dity ty admit dmitte ted d in the sam same mann anner. er. The coun counse sell for for the defendants were permitted permitted without 3uestion to state all these things to the jury! and to show *y the statute that these minors could not *e held responsi*le for their contract. (y this time you may well suppose that his client *ecame 3uite uneasy. ,What4, thought I! ,this good old man who con5ded in these *oys to *e wronged in this way! and e&en his counsel! Mr. Lincoln! to su*mit in silence., I loo-ed at 6udge Treat! *ut could read nothing in his calm and digni5ed demeanor. 6ust then Mr. Mr. Lincoln slowly rose to his strange! half0erect half0erect attitude and in clear! 3uiet accents *egan: ,Gentlemen of the jury! are you willing to allow these *oys to *egin life with this shame and disgrace attached to their character7 If you are! I am not. The *est judge of human character that e&er wrote has left these immortal words for us to ponder: "Good name in man or woman! dear my lord! Is the immediate jewel of their souls: Who steals my purse steals trash/ ,tis something! nothing/ ,Twas mine! ,tis his! and has *een sla&e to thousands/ (ut he that 5lches from me my good name 8o*s 8o*s me of that which not enriches him 1nd ma-es me poor indeed. "Then rising to his full height! and loo-ing upon the defendants with the compassion of a *rother! his long arm etended etended toward the opposing counsel! he continued: ,Gentlemen of the jury!
these poor innocent *oys would ne&er ha&e attempted this low &illainy had it not *een for the ad&ice of these lawyers., Then for a few minutes he showed how e&en the no*le science of law may *e prostituted. With a scathing re*u-e to those who thus *elittle their profession! he concluded: ,1nd now! gentlemen! you ha&e it in your power to set these *oys right *efore the world., 9e pleaded for the young men only/ I thin- he did not mention his client,s name. The jury! without lea&ing their seats! decided that the defendants must pay the de*t/ and the latter! after hearing Lincoln! were as willing to pay it as the jury were determined they should. I thin- the entire argument lasted not a*o&e 5&e minutes." Leonard 'wett! of hicago! for years an intimate associate! and himself one of the most famous of 1merican lawyers! says that "sometimes! after Lincoln entered upon a criminal case! the con&iction that his client was guilty would a;ect him with a sort of panic.
It was a common thing for Lincoln to discourage unnecessary lawsuits! and conse3uently he was continually sacri5cing opportunities to ma-e money. .?@. Thus the suit was ended! to the entire satisfaction of the angry creditor.
Gen. 6ohn 9. Little5eld! who studied law with 1*raham Lincoln! tells this anecdote in his recollections of this great 5gure: "1ll clients -new that! with ,
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Lincoln! who was one of the most generous and -ind0hearted of men! often said that there was no act which was not prompted *y some sel5sh moti&e. 9e was riding in a stage from 'pring5eld! Illinois! to a neigh*oring town and was discussing this philosophy with a fellow0passenger. 1s the stage rum*led past a ditch which was 5lled with mud and mire the passengers could see a small pig! caught fast in the muc-! s3uealing and struggling to free himself. Many persons in the stage laughed heartily! *ut Mr. Lincoln! then a lawyer! as-ed the dri&er to stop for a few moments. Leaping from the stage! he wal-ed to the ditch o&er his shoetops in mud and pic-ed the little animal up! setting it on the solid road. "Bow! loo- here!" said the passenger with whom he had *een tal-ing! "you cannot say that was a sel5sh act." "Ctremely sel5sh!" said Mr. Lincoln. "If I had left that little fellow in there the memory of his s3uealing would ha&e made me uncomforta*le all day. That is why I freed him." 9e was a poor money0ma-er. Daniel We*ster! who sent him a case! was amazed at the smallness of his *ill! and his fellow0lawyers loo-ed upon his charges as &ery low. This was his only fault! in their eyes. ?@ for their joint ser&ices! he refused to accept his share until the fee had *een reduced to what he considered fair proportions and the o&ercharge had *een returned to the client. When Da&id Da&is! the presiding judge of the circuit! heard of this! he indignantly eclaimed! "Lincoln! your picayune charges will impo&erish the *ar." 9e was e3ually ready to ta-e up a just case without hope of pay as he was to refuse an unjust one e&en at the loss of a good fee. 9e once dragged into court a pension agent who insisted on -eeping for himself half of a =$@@ claim which he had collected for a poor widow. There! in his own epressi&e phrase! he "s-inned" him! mo&ed the jury to tears *y his stirring appeal for justice to the old woman! and won the &erdict! all without charge to his client. E
9is ad&ice to lawyers was sound and clear. 9erndon 3uotes him as saying: "Don,t shoot too high. 1im lower! and the common people will understand you. They are the ones you want to reachA at least they are the ones you ought to reach. The educated and re5ned people will understand you! anyway. If you aim too high! your ideas will go o&er the heads of the masses and only hit those who need no hitting." 9erndon relates! as an instance of Lincoln,s moral honesty and his horror of a lie! that he )9erndon+ once drew up a dilatory plea for the purpose of delaying a case for another term. (ut when it came to Lincoln,s attention he promptly repudiated it. "Is this founded on fact7" Lincoln in3uired! and when 9erndon admitted it was done merely to sa&e their client,s interests! which might otherwise *e endangered! Lincoln instantly replied: "2ou -now it is a sham! and a sham is &ery often *ut another name for a lie. Don,t let it go on record. The cursed thing may come staring us in the face long after this suit is forgotten." 1nd the plea was withdrawn.
1 Bew 2or- 5rm applied to Lincoln some years *efore he *ecame Fresident for information as to the 5nancial standing of one of his neigh*ors. This was the answer: "2ours of the @th recei&ed. irst of all! he has a wife and *a*y/ together they ought to *e worth =?@@!@@@ to any man. 'econdly! he has an oHce in which there is a ta*le worth =.?@ and three chairs worth! say! =. Last of all! there is in one corner a large rat0hole! which will *ear loo-ing into. "8espectfully! "1. Lincoln."
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