The Every-day Life of Abraham Lincoln - The Original Classic Edition. Browne Francis

was so clear against the accused that defense seemed almost useless. The strongest evidence was that of a man who swore that at eleven o'clock at night he saw Armstrong strike the deceased

       on the head; that the moon was shining brightly, and was nearly full; and that its position in the sky was just about that of the sun at ten o'clock in the morning, and by it he saw Armstrong give the mortal blow." This was fatal, unless the effect could be broken by contradiction or impeachment. Lincoln quietly looked up an almanac, and found that at the time this witness declared the moon to have been shining with full light there was no moon at all. Lincoln made the closing argument. "At first," says Mr. Walker, one of the counsel associated with him, "he spoke very slowly and carefully, reviewing the testimony and pointing out its contradictions, discrepancies and impossibilities. When he had thus prepared the way, he called for an 135almanac, and showed that at the hour at which the principal witness swore he had seen, by the light of the full moon, the mortal blow given, there was no moon. The last

       fifteen minutes of his speech were as eloquent as I ever heard; and such were the power and earnestness with which he spoke to that jury, that all sat as if entranced, and, when he was through, found relief in a gush of tears." Said one of the prosecutors: "He took the jury by storm. There were tears in Mr. Lincoln's eyes while he spoke, but they were genuine. His sympathies were fully enlisted in favor of the young man, and his terrible sincerity could not help but arouse the same passion in the jury. I have said a hundred times that it was Lincoln's speech that saved that man from the gallows." "Armstrong was not cleared by any want of testimony against him, but by the irresistible appeal of Mr. Lincoln in his favor," says Mr. Shaw, one of the associates in the prosecution. His mother, who sat near during Lincoln's appeal, says: "He told the stories about our first acquaintance, and what I did for him and how I did it. Lincoln said to me, 'Hannah, your son will be cleared before sundown.' He and the other lawyers addressed the jury, and closed the case. I went down to Thompson's pasture. Stator came to me and told me that my son was cleared and a free man. I went up to the court-house; the jury shook hands with me, so did the court, so did Lincoln. We were all affected, and tears were in Lincoln's eyes.

       He then remarked to me, 'Hannah, what did I tell you? I pray to God that William may be a good boy hereafter; that this lesson may prove in the end a good lesson to him and to all.' After the trial was over, Lincoln came down to where I was in Beardstown. I asked him what he charged me; told him I was poor. He said, 'Why, Hannah, I shan't charge you a cent--never. Anything I can do for you I will do willingly and without charges.' He wrote to me about some land which some men were 136trying to get from me, and said,

       'Hannah, they can't get your land. Let them try it in the Circuit Court, and then you appeal it. Bring it to the Supreme Court, and

       Herndon and I will attend to it for nothing.'"

       Lincoln regarded himself not only as the legal adviser of unfortunate people, but as their friend and protector; and he would never press them for pay for his services. A client named Cogdal was unfortunate in business, and gave Lincoln a note in payment of legal fees. Soon afterwards he met with an accident by which he lost a hand. Meeting Lincoln some time after, on the steps of the State House, the kind lawyer asked him how he was getting along. "Badly enough," replied Mr. Cogdal. "I am both broken up in business and crippled." Then he added, "I have been thinking about that note of yours." Lincoln, who had probably known all about Mr. Cogdal's troubles, and had prepared himself for the meeting, took out his pocket-book, and saying, with a laugh, "Well you needn't think any more about it," handed him the note. Mr. Cogdal protesting, Lincoln said, "Even if you had the money, I would not take it," and hurried away.

       Mr. G.L. Austin thus describes an incident of Lincoln's career at the bar: "Mr. Lincoln was once associated with Mr. Leonard Swett in defending a man accused of murder. He listened to the testimony which witness after witness gave against his client, until his honest heart could stand it no longer; then, turning to his associate, he said: 'Swett, the man is guilty; you defend him; I can't.' Swett did defend him, and the man was acquitted. When proffered his share of the large fee, Lincoln most emphatically declined it, on the ground that 'all of it belonged to Mr. Swett, whose ardor and eloquence saved a guilty man from justice.'"

       At a term of court in Logan County, a man named Hoblit had brought suit against a man named Farmer. The suit had been appealed from a justice of the peace, and 137Lincoln knew nothing of it until he was retained by Hoblit to try the case in the Circuit Court. G.A. Gridley, then of Bloomington, appeared for the defendant. Judge Treat, afterwards on the United States bench, was the presiding judge at the trial. Lincoln's client went upon the witness stand and testified to the account he had against the defendant, gave

       the amount due after allowing all credits and set-offs, and swore positively that it had not been paid. The attorney for the defendant simply produced a receipt in full, signed by Hoblit prior to the beginning of the case. Hoblit had to admit the signing of the receipt, but told Lincoln he "supposed the cuss had lost it." Lincoln at once arose and left the court-room. The Judge told the parties to proceed with the case; and Lincoln not appearing, Judge Treat directed a bailiff to go to the hotel and call him. The bailiff ran across the street to the hotel, and found Lincoln sitting in the office with his feet on the stove, apparently in a deep study, when he interrupted him with: "Mr. Lincoln, the Judge wants you." "Oh, does he?" replied Lincoln. "Well, you go back and tell the Judge I cannot come. Tell him I have to wash my hands." The bailiff returned with the message, and Lincoln's client suffered a non-suit. It was Lincoln's way of saying he wanted nothing more to do with such a case.

       Lincoln would never advise clients into unwise or unjust lawsuits. He would always sacrifice his own interests, and refuse a retainer, rather than be a party to a case which did not command the approval of his sense of justice. He was once waited upon by a lady who held a real-estate claim which she desired to have him prosecute, putting into his hands, with the necessary papers, a check for two

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       hundred and fifty dollars as a retaining fee. Lincoln said he would look the case over, and asked her to call again the next day. Upon presenting herself, he told her that he had gone through the papers 138very carefully, and was obliged to tell her frankly that there was "not a peg" to hang her claim upon, and he could not conscientiously advise her to bring an action. The lady was satisfied, and, thanking him, rose to go. "Wait," said Lincoln, fumbling in his vest pocket; "here is the check you left with me." "But, Mr. Lincoln," returned the lady, "I think you have earned that." "No, no," he responded, handing it back to her; "that would not be right. I can't take pay for doing my duty." To a would-be client who had carefully stated his case, to which Lincoln had listened with the closest attention, he said: "Yes, there is no reasonable doubt that I can gain your case for you. I can set a whole neighborhood at loggerheads;

       I can distress a widowed mother and her six fatherless children, and thereby get for you six hundred dollars, which rightfully belongs, it appears to me, as much to the woman and her children as it does to you. You must remember that some things that are legally right are not morally right. I shall not take your case, but will give you a little advice, for which I will charge you nothing. You seem to be a sprightly, energetic man. I would advise you to try your hand at making six hundred dollars some other way."

       Senator McDonald states that he saw a jury trial in Illinois, at which Lincoln defended an old man charged with assault and battery. No blood had been spilled, but there was malice in the prosecution, and the chief witness was eager to make the most of it. On cross-examination, Lincoln "gave him rope" and drew him out; asked him how long the fight lasted and how much ground it

       covered. The witness thought the fight must have lasted half an hour and covered an acre of ground. Lincoln called his attention to the fact that nobody was hurt, and then with an inimitable air asked him if he didn't think it was "a mighty small crop for an acre of ground." The jury rejected the prosecution's claim.