Abraham Lincoln: The True Story of a Great Life, Volume 1 (of 2)Herndon, William Henry
History
Abraham Lincoln: The True Story of a Great Life, Volume 1 (of 2)
Herndon, William Henry
Lincoln, Abraham, 1809-1865
In the case of Parker _vs._ Hoyt, tried in the United States Court in
Chicago, Lincoln was one of the counsel for the defendant. The suit
was on the merits of an infringement of a patent water wheel. The trial
lasted several days and Lincoln manifested great interest in the case.
In his earlier days he had run, or aided in running, a saw-mill, and
explained in his argument the action of the water on the wheel in
a manner so clear and intelligible that the jury were enabled to
comprehend the points and line of defence without the least difficulty.
It was evident he had carried the jury with him in a most masterly
argument, the force of which could not be broken by the reply of the
opposing counsel. After the jury retired he became very anxious and
uneasy. The jury were in another building, the windows of which opened
on the street, and had been out for some two hours. "In passing along
the street, one of the jurors on whom we very much relied," relates
Lincoln's associate in the case,* "he being a very intelligent man and
firm in his convictions, held up to him one finger. Mr. Lincoln became
very much excited, fearing it indicated that eleven of the jury were
against him. He knew if this man was for him he would never yield his
opinion. He added, if he was like a juryman he had in Tazewell county,
the defendant was safe. He was there employed, he said, to prosecute
a suit for divorce. His client was a pretty, refined, and interesting
little woman, and in court. The defendant, her husband, was a gross,
morose, querulous, fault-finding, and uncomfortable man, and entirely
unfitted for the husband of such a woman; but although he was able
to prove the use of very offensive and vulgar epithets applied by the
husband to his wife, and all sorts of annoyances, yet there were no such
acts of personal violence as were required by the statute to justify a
divorce. Lincoln did the best he could, and appealed to the jury to have
compassion on the woman, and not to bind her to such a man and such a
life as awaited her if required to live longer with him. The jury took
about the same view of it in their deliberations. They desired to find
for his fair client, but could discover no evidence which would really
justify a verdict for her. At last they drew up a verdict for the
defendant, and all signed but one fellow, who on being approached with
the verdict said, coolly: 'Gentlemen, I am going to lie down to sleep,
and when you get ready to give a verdict for that little woman, then
wake me and not until then; for before I will give a verdict against
her I will lie here till I rot and the pismires carry me out through the
key-hole.' 'Now,' observed Lincoln, 'if that juryman will stick like
the man in Tazewell county we are safe.' Strange to relate, the jury did
come in, and with a verdict for the defendant. Lincoln always regarded
this as one of the gratifying triumphs of his professional life."
* Grant Goodrich, letter, Nov. 9, 1866, MS.
Public-domain text, read in full here on John Shaqi.
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