'On the circuit' - 3 Abe Lincoln courtroom stories

One of the most important periods in the life of Abraham Lincoln was when he “rode the circuit” in central Illinois in the 1840’s and '50’s.

The Eighth Judicial Circuit is where Lincoln developed as a lawyer and evolved as a politician; here, too, he formed many of the personal relationships that became so important later in his life as president and commander-in-chief.

Many of the traditional Lincoln stories—tales exchanged with his friends and legal associates, anecdotes from the courtroom, and so forth - also date from this period.

Here are three of them from Anthony Gross's book, Lincoln's Own Stories.

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John H. Littlefied, a contemporary of Lincoln's, related this anecdote.

"All clients knew that with Lincoln as their lawyer, they would win their case - if it was fair; if not, it was a waste of time to take it to him.

After listening for some time to a would-be-client's statement with his eyes on the ceiling, Lincoln swung around in his chair and exclaimed: 'Well, you have a pretty good case in technical law, but a pretty bad one when it comes to equity and justice. You'll have to get some other fellow to win this case for you. I couldn't do it. All the time while standing and talking to that jury I'd be thinking, "Lincoln, you're a liar," and I believe I might forget myself and say it out loud.'"

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In addition to being brilliant, Lincoln was also a person who believed in "getting even" with his friends for practical jokes. 

During jury selection for a trial, the opposing lawyer - and a friend of Lincoln's -  objected to seating a juror because the juror "knew Lincoln". Since the objection was "technically" a prejudicial statement,  Judge David Davis, the presiding judge, overruled it.

Lincoln, knowing the judge's ways in a courtroom, decided to return the "insult" to the other lawyer. He then proceeded to ask several jurors if they knew his opponent - but unlike his opponent - Lincoln did not object to their selection.

Davis, by now irritated with this line of questioning but missing the point of it, interfered. "Now, Mr. Lincoln," he said sternly, "you are wasting time here. The mere fact that a juror knows opposing counsel does not disqualify him."

"No, your honor, it surely doesn't", responded Lincoln with a grin, "but I'm afraid some of the gentlemen may NOT know him, which would place me at a disadvantage."

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Lincoln's use of stories to explain complicated points of law was famous on the circuit. Judge H.W. Beckwith recalled this one from one of Lincoln's cases in Danville, Illinois.

Lincoln's client was charged with assaulting another man. Lincoln's argument was that his client acted in self-defense because the other man started an argument and then attacked him.

When it was Lincoln's turn to present his case, he told the jury a story. His client was in the fix of a man, who going along the highway, with a pitchfork over his shoulder, when he was attacked by a fierce dog ran out at him from a farmer's door yard. In warding off the brute with the pitchfork, its tines pierced and killed the dog. 

"What made you kill my dog?" said the farmer.

"What made him try and bite me?" said the man.

"But why didn't you go after him with the other end of the pitchfork?" said the farmer.

"Why didn't he come at me with his other end?" said the man.

At this point, Lincoln whirled his arms around as if he had a dog in them and shoved the tail of the imaginary dog at the jury. This was the defensive plea of "Son assaut demesne" - loosely, that 'The other fellow brought on the fight' quickly told in a way that even the dullest mind would grasp and retain.

Lincoln won the case.

These were more tales from Abe Lincoln, storyteller

Mac

Works Cited

[1] Gross, Anthony (1912).Lincoln's Own Stories. New York City, NY: Harper Brothers Publishers. p. 26, pp. 35-36 and pp. 25-26.