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Lincolns Own StoriesAnthony Gross, Editor (1912)

Abraham Lincoln, The Lawyer

George W. Miner tells the following story of the manner inwhich Mr. Lincoln handled a jury: "In the spring term of the Tazewellounty ourt! in #$%! I was detained as a witness. Lincoln wasemployed in se&eral suits! and among them was one of Case vs.Snow Brothers. The 'now (rothers )who were *oth minors+ hadpurchased 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&ingtherefore their joint note for some two hundred dollars/ *ut whenpay0day came they refused to pay! pleading the minor act. The notewas placed in Lincoln,s hands for collection. The suit was called anda jury impaneled. The 'now (rothers did not deny the note! *utpleaded 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!gentlemen! I rec-on that,s so., The minor act was read and its&alidity admitted in the same manner. The counsel for thedefendants were permitted without 3uestion to state all these thingsto 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 wellsuppose 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 at6udge Treat! *ut could read nothing in his calm and digni5eddemeanor.

6ust then Mr. Lincoln slowly rose to his strange! half0erectattitude and in clear! 3uiet accents *egan: ,Gentlemen of the jury!are you willing to allow these *oys to *egin life with this shame anddisgrace attached to their character7 If you are! I am not. The *estjudge of human character that e&er wrote has left these immortalwords 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 name8o*s me of that which not enriches him1nd 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 etendedtoward the opposing counsel! he continued: ,Gentlemen of the jury!

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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 afew minutes he showed how e&en the no*le science of law may *eprostituted. With a scathing re*u-e to those who thus *elittle theirprofession! he concluded: ,1nd now! gentlemen! you ha&e it in your

power to set these *oys right *efore the world., 9e pleaded for theyoung men only/ I thin- he did not mention his client,s name. Thejury! without lea&ing their seats! decided that the defendants mustpay the de*t/ and the latter! after hearing Lincoln! were as willing topay it as the jury were determined they should. I thin- the entireargument 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! thecon&iction that his client was guilty would a;ect him with a sort ofpanic.

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9is ad&ice to lawyers was sound and clear. 9erndon 3uoteshim as saying: "Don,t shoot too high. 1im lower! and the commonpeople will understand you. They are the ones you want to reachAat 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 thosewho need no hitting."

9erndon relates! as an instance of Lincoln,s moral honesty andhis horror of a lie! that he )9erndon+ once drew up a dilatory plea forthe purpose of delaying a case for another term. (ut when it cameto Lincoln,s attention he promptly repudiated it.

"Is this founded on fact7" Lincoln in3uired! and when 9erndonadmitted it was done merely to sa&e their client,s interests! whichmight otherwise *e endangered! Lincoln instantly replied:

"2ou -now it is a sham! and a sham is &ery often *ut anothername for a lie. Don,t let it go on record. The cursed thing may comestaring us in the face long after this suit is forgotten." 1nd the pleawas withdrawn.

1 Bew 2or- 5rm applied to Lincoln some years *efore he*ecame Fresident for information as to the 5nancial standing of oneof 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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