The Every-day Life of Abraham Lincoln

Keeping Partnership Accounts-Charges for Legal Services-Trial of Bill Armstrong-Lincoln before a Jury-Kindness toward Unfortunate Cl

t 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 Dis

l 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

urt-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 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 di

nd 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 upo

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 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

' 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 the

od of his life he took no interest in fishing-rod or gun. He was indifferent to dress, careless almost to a fault of his personal appearance. The same indifference extended to money. So long as his wants were supplied-and they were few and simple-he seemed to have no further use for money, except in the giving or the lending of

e earned a fee unless I take the case into court and make a speech or two.' When trivial cases were brought to him, such as would most probably be carried no farther than a magistrate's office, and he could not induce a settlement without trial, he would generally refer them to some young attorney, for whom he would speak a good word at the same time. He was ever kind and courteous to these young beginners when he was the opposing counse

and run rapidly over the pages, pausing here and there. At the end of an hour-never, as I remember, more than two or three hours-he would close

g regiments. Meetings were held and speeches made. At one of them, after Baker and others had spoken, Lincoln, who was in the audience, was called for, and the call was repeated until at last he ascended the platform. He thanked the audience for the compliment paid him in the wish they had expressed to hear him talk, and said he would g

e same effect that a written one would; the latter had the appearance of personality, it was more flattering to the receiver, and would more certainly gain his assistance, or at least his good-will. In discussing the probabilities of his nomination, I remarked that there was so much unfairness, if not downright trickery, used that it appeared

paper stitched together in book form, nearly filled with poetical effusions in Mr. Lincoln's handwriting, and evidently original. I looked through them somewhat hurriedly, and when Lincoln came in I showed him the manuscript, asking him if it was his. His response was, 'Where

ed so persistently at one place, as I handled it, that I looked to see what it was, and found that somebody had thoroughly thumbed the pages of 'Don Juan.' I knew Mr. Herndon was not a man to dwell on it, and it darted through my mind that perhaps it had been a favorite wi

Washington. Lincoln conducted the business of the firm in his absence. When Mr. Stuart reached home, at the close of the first session of Congress, Lincoln proceeded to give him an account of the earnings of the office during his absence. The charges for f

n this case...

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. Lincoln had the reputation of being very moderate in his charges. He was never grasp

unteer. The case 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 almanac, 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 sincerit

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

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

ndant, 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

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 n

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

awrence Weldon, Lincoln's old friend and legal associate in Illinois. "I can see him now," says Judge Weldon, "through the decaying memories of thirty years, standing in the corner of the old court-room, and as I approached him with a paper I did not understand, he said: 'Wait until I fix this plug for my gallus, and I will pitch into that like a dog

blunder. He dazed the jury with his knowledge of "horse points"; and as the day was sultry, took off his coat and "summed" up in his shirt-sleeves. Lincoln, sitting behind him, took in the situation, and when his turn came he remarked to the jury: "Gentlemen, Mr. Logan has been trying for over an hour to make you believe he knows more about a horse than these honest old farmers who are witnesses. He has quote

t morning at nine o'clock they should make a trade, the horses to be unseen up to that hour,-and no backing out, under a forfeit of twenty-five dollars. At the hour appointed the Judge came up, leading the sorriest looking specimen of a nag ever seen in those parts. In a few minutes Lincoln was s

them with clearness and compactness. His power of comparison was great. He rarely failed in a legal discussion to use this mode of reasoning. Yet he knew practically nothing of the rules of evidence, of pleading, of practice, as laid down in the text-books, and seemed to care little about them. Sometimes he lost cases of the plainest justice which the most inexperienced lawyer could have won. He looked upon

we may quote the brief but emphatic words of the distinguished jurist, Judge Sidney Breese, Chief Justice of Illinois, who said: "For my single self, I have for a quarter of a century regarded Mr. Lincoln as the finest lawyer I

he law. He stood well at the bar from the beginning. I was a younger man, but an older lawyer. He was not admitted to the bar till after I was. I was not closely connected with him. Indeed, I did not meet him often, professionally, until I went on the bench in 1842; and he was then in full practice before the Supreme Court, and continued to practice there regularly at every term until he was elected President. Mr. Lincoln understood the relations of things, and hence his deductions were rarely wrong from any given state

ith an uncommon power and facility of illustration, often, it is true, of a plain and homely kind, and with that sincerity and earnestness of manner to carry conviction, he was perhaps one of the most successful jury lawyers we have ever had in the State. He always tried a case fairly and honestly. He never intentionally misrepresented the testimony of a witness or the arguments of an opponent. He met both squarely, and, if he could not explain the one or answer the other, substantially admitted it. He never misstated the law according to his own intelligent view of it. Such was the transparent candor and integrity of his nature that he could not well or strongly argue a side or a cause that he thought wrong. Of course, he felt it his duty to say what could be said, and to leave the decision to others; but there could be seen in such cases the inward struggle in his own mind. In trying a cause he might occasionally dwell too long or give too much importance to an inconsiderable point; but this was the exception, and generally he went straight to the citadel of a cause or a question, and struck home there, knowing if that were won the outwork would necessarily fall. He could hardly be called very learned in his profession, and yet he rarely tried a cause without fully understanding the law app

n who was for a quarter of a century both a lawyer and a politician he was the most honest man I ever knew. He was not only morally honest, but intellectually so. He could

loved, preferring it to the practice of the law in the city. In all the elements that constitute the great lawyer, he had few equals. He seized the strong points of a cause, and presented them with clearness and great compactness. He read law-books but little, except when the cause in hand made it necessary; yet he was unusually self-reliant, depending on his own resources, and rarely consulting his brother lawyers either on the manageme

s, and gave up every point on his own side that did not seem to be invulnerable. One would think, to hear him present his case in the court, he was giving his case away. He would concede point after poin

ilosophy of the law. He always knew the cases which might be quoted as absolute authority, but beyond that he contented himself in the application and discussion of general principles. In the trial of a case he moved cautiously. He never examined or cross-examined a witness to the detriment of his side. If the witness told the truth, he was safe from his attacks; but woe betide the unlucky and dishonest individual who suppressed the truth or colored it against Mr. Lincoln's