Justice Lawrence Weldon, of the United States Court of Claims, in his
reminiscences says, "One of the most interesting incidents in my early
acquaintance with Mr. Lincoln was a lawsuit in which Mr. Lincoln was
counsel for the plaintiff and I was counsel for the defendant. Even
then, in a trial that was the sensation of an obscure village on the
prairies, Mr. Lincoln showed that supreme sense of justice to God and
his fellow-men.
"It was a family quarrel between two brothers-in-law, Jack Dungee and
Joe Spencer. Dungee was a Portuguese, extremely dark-complexioned, but
not a bad-looking fellow; and after a time he married Spencer's sister,
with the approval of Spencer's family. I don't remember the origin of
the quarrel, but it became bitter; and the last straw was laid on when
Spencer called Dungee a 'nigger' and followed it up, they say, by adding
'a nigger married to a white woman.' The statute of Illinois made it
a crime for a negro to marry a white woman, and, because of that, the
words were slanderous. Dungee, through Mr. Lincoln, brought the suit for
slander. Judge David Davis was on the bench, and the suit was brought in
the De Witt Circuit Court. When the case came up, Mr. Moore and myself
appeared for the defence and demurred to the declaration, which, to
the annoyance of Mr. Lincoln, the court sustained. Whatever interest
Mr. Lincoln took in the case before that time, his professional pride
was aroused by the fact that the court had decided that his papers
were deficient. Looking across the trial table at Moore and myself and
shaking his long, bony finger, he said, 'Now, by jing, I will beat you
boys!'
"At the next term of the court Mr. Lincoln appeared with his papers
amended, and fully determined to make good his promise to 'beat the
boys!' and we thought his chances pretty good to do it, too. We knew our
man was a fool not to have settled it, but still we were bound to defend
and clear him if we could.
"In the argument of the case on the testimony Mr. Lincoln made a most
powerful and remarkable speech, abounding in wit, logic, and eloquence
of the highest order. His thoughts were clothed in the simplest garb of
expression and in words understood by every juror in the box. After
the instructions were given by the court the jury retired, and in a few
moments returned with a judgment for the plaintiff, in a sum which was a
large amount for those days.
Public-domain text, read in full here on John Shaqi.
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