CHAPTER VIII
Lincoln as a Lawyer--His Appearance in Court--Reminiscences of a Law-Student in Lincoln's Office--An "Office Copy" of Byron--Novel way of Keeping Partnership Accounts--Charges for Legal Services--Trial of Bill Armstrong--Lincoln before a Jury--Kindness toward Unfortunate Clients--Refusing to Defend Guilty Men--Courtroom Anecdotes--Anecdotes of Lincoln at the Bar--Some Striking Opinions of Lincoln as a Lawyer.
The ten years following the close of Lincoln's Congressional service, in 1849, were given to the uninterrupted practice of the law,
to which he devoted himself laboriously and successfully, though not with great pecuniary gains. His legal fees were regarded by his brethren at the bar as "ridiculously small." His practice had extended to the Supreme Court of his State and to the United States District and Circuit Courts, and he was occasionally retained for cases in other States. With greater love of money and less sympathy for his fellows, he might have acquired a fortune in his profession.
Lincoln never speculated. Apparently he had no great desire to acquire wealth. He had many opportunities in the days of the State's early growth to make good and safe investments, but he never took advantage of them. Many of his fellow lawyers were becoming wealthy, but Lincoln still rode the circuit wearing the familiar gray shawl about his shoulders, carrying a carpet-bag filled with papers and a change of underclothing, and a faded, green cotton umbrella with "A. Lincoln" in large white muslin letters on the inside. The knob was gone from the handle of the umbrella and a piece of twine kept it from falling open. A young lawyer who saw him for the first time thus--one who grew to love him and who after126wards gave his life for the Union--in relating the circumstance a long time afterward, exclaimed: "He was the ungodliest figure I ever saw."
An interesting and vivid description of Lincoln's personal appearance and manner in the trial of a case is furnished by one who was a witness of the scenes which he so admirably describes. The writer says: "While living in Danville, Illinois, in 1854, I saw Abraham Lincoln for the first time. The occasion of his visit was as prosecutor of a slander suit brought by Dr. Fithian against a wealthy farmer whose wife died under the doctor's hands. The defense was represented by Edward A. Hannegan, of Indiana, ex-United States Senator and afterward Minister to Berlin, an able and eloquent man; and O.B. Ficklin, who, after Douglas and Lincoln, was considered the best lawyer in Illinois. Lincoln had all he could do to maintain himself against his two formidable adversaries, but he was equal to the occasion. The trial lasted three or four days, the examination of witnesses consuming most of the time. In this part of the work Lincoln displayed remarkable tact. He did not badger the witnesses, or attempt to confuse them. His questions were plain and practical, and elicited answers that had a direct bearing upon the case. He did nothing for effect, and made no attempt to dazzle the jury or captivate the audience. When he arose to speak he was confronted by an audience that was too numerous for all to find seats in the court-room. He was attired in a fine broadcloth suit, silk hat, and polished boots. His neck was encircled by an old-fashioned silk choker. He perspired freely, and used a red silk handkerchief to remove the perspiration. His clothes fitted him, and
he was as genteel-looking as any man in the audience. The slouchy appearance which he is said to have presented on other occasions was conspicuously absent here. As he stood before the vast audience, towering above every person around him, he was the centre of attraction. I 127 can never forget how he looked, as he cast his eyes over the crowd before beginning his argument. His face was long and sallow; high cheek bones; large, deep-set eyes, of a grayish-brown color, shaded by heavy eyebrows; high but not broad forehead; large, well-formed head, covered with an abundance of coarse black hair, worn rather long, through which he frequently passed
his fingers; arms and legs of unusual length; head inclined slightly forward, which made him appear stoop-shouldered. His features betrayed neither excitement nor anxiety. They were calm and fixed. In short, his appearance was that of a man who felt the responsibility of his position and was determined to acquit himself to the best of his ability. I do not remember the points of his speech; but his manner was so peculiar, so different from that of other orators whom I have heard, that I can never forget it. He spoke
for almost two hours, entirely without notes and with an eloquence that I have never heard surpassed. He was all life, all motion; every muscle and fibre of his body seemed brought into requisition. His voice was clear, distinct, and well modulated. Every word was clean-cut and exactly suited to its place. At times he would stoop over until his hands almost swept the floor. Then he would straighten himself up, fold his arms across his breast, and take a few steps forward or back. This movement completed, he would fling his arms above his head, or thrust them beneath his coat-tails, elevating or depressing his voice to suit the attitude assumed and the sentiment expressed. Arms and legs were continually in motion. It seemed impossible for him to stand still. In the midst of the most impassioned or pathetic portions of his speech, he would extend his long arms toward the judge or jury, and shake his bony fingers with an effect that is indescribable. He held his audience to the last; and when he sat down there was a murmur of applause
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which the judge with difficulty prevented from swelling 128to a roar. The argument must have been as able as the manner of the
speaker was attractive, for the verdict was in favor of his client.
"When he had retired to his hotel after the trial, and while conversing with a number of gentlemen who had called to pay their respects to him, Lincoln was informed that an old colored woman, who had known him years before in Kentucky, wished to see him. She was too feeble to come to him, and desired him to go to her. Ascertaining where she lived, Lincoln started at once, accompanied by a boy who acted as pilot. He found the woman in a wretched hovel in the outskirts of the town, sick and destitute. He remembered her very well, as she had belonged to the owner of the farm upon which Lincoln was born. He gave her money to supply her immediate wants, promised her that he would see she did not suffer for the necessaries of life, and when he returned to town hunted up a physician and engaged him to give the old woman all the medical attention that her case demanded."
Mr. G.W. Harris, whose first meeting with Lincoln in a log school-house has been previously described in these pages, subsequently became a clerk in Lincoln's law-office at Springfield, and furnishes some excellent reminiscences of that interesting period. "A crack-brained attorney who lived in Springfield, supported mainly by the other lawyers of the place, became indebted, in the sum of two dollars and fifty cents, to a wealthy citizen of the county, a recent comer. The creditor, failing after repeated efforts to collect the amount due him, came to Mr. Lincoln and asked him to bring suit. Lincoln explained the man's condition and circumstances, and advised his client to let the matter rest; but the creditor's temper was up, and he insisted on having suit brought. Again Lincoln urged him to let the matter drop, adding, 'You can make nothing out of him, and it will cost you a good deal more than the debt to 129 bring suit.' The creditor was still determined to have his way, and threatened to seek some other attorney who would be more willing to take charge of the matter than Lincoln appeared to be. Lincoln then said, 'Well, if you are determined that suit shall be brought, I will bring it; but my charge will be ten dollars.' The money was paid him, and peremptory orders were given that the suit be brought that day. After the client's departure, Lincoln went out of the office, returning in about an hour with an amused look on his face. I asked what pleased him, and he replied, 'I brought suit against ----, and then hunted him up, told him what I had done, handed him half of the ten dollars, and we went over to the squire's office. He confessed judgment and paid the bill.' Lincoln added that he didn't see any other way to make things satisfactory for his client as well as the rest of the parties.
"Mr. Lincoln had a heart that was more a woman's than a man's--filled to overflowing with sympathy for those in trouble, and ever ready to relieve them by any means in his power. He was ever thoughtful of others' comforts, even to the forgetting of himself. In those early days his face wore a sad look when at rest--a look that made you feel that you would like to take from him a part of his burden. One who knew him then and had known his career since would be inclined to think that he already felt premonitions of the heavy burdens that his broad shoulders were to bear, and the sorrows that his kind heart would have to endure.
"Mr. Lincoln was fond of playing chess and checkers,