He argued great causes in which principles were involved with all the
zeal and earnestness that a righteous soul could feel. Trifling causes
he dismissed with the ridicule in which he was unsurpassed, and his
associates relate many incidents when a verdict was rendered in a gale
of laughter because of the droll tactics used by Lincoln. He never
depended upon technicalities or the tricks of the profession. He never
attempted to throw obstacles in the way of justice, or to gain an
unfair advantage of his adversaries, but was capable of executing legal
manooeuvres with as much skill as any of his rivals. He adapted himself
to circumstances with remarkable ease, and his thorough knowledge of
human nature enabled him to excite the interest and sympathy of a jury
by getting very close to their hearts. He argued much from analogy; he
used old-fashioned words and homely phrases which were familiar to the
jurymen he desired to impress, and illustrated his points by stories,
maxims, and figures often droll and sometimes vulgar, because he knew
that he could make it plainer to them in that way and that they would
better understand the force and bearing of his arguments. He relied more
upon this method of convincing a jury than upon exhibitions of learning
or flights of eloquence, and his acquaintance with human nature was even
more intimate than his knowledge of the law.
Few of his speeches at the bar have been preserved, but his
contemporaries have left us many interesting reminiscences of his
originality and power. His ungainly form and awkward gesticulations
enhanced the force of his arguments and attracted the attention and
sympathy of a country jury more than the most graceful manners and
elegant rhetoric could have done. It was always his rule, in presenting
a case, to cut out all of the "dead wood" and get down to "hard pan,"
as he called it, as soon as possible. In making such concessions he
would establish a position of fairness and honesty, and often disarmed
his opponent by leaving the impression that he had accidentally "given
away his case." Then he would rely upon his remarkable habit of order
and command of logic to bring his evidence forward in a clear and strong
light, keeping unnecessary details away from the attention of the
jury and pressing only the essential points with which he expected to
convince them. Sometimes, when his opponent seemed to have captured a
verdict, he would abandon his serious argument and begin to tell stories
one after another with more or less application, until by such diversion
he had effaced from the minds of the jury every impression that the
other side had made.
Public-domain text, read in full here on John Shaqi.
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