Abraham Lincoln: The True Story of a Great Life, Volume 2 (of 2)Herndon, William Henry
History
Abraham Lincoln: The True Story of a Great Life, Volume 2 (of 2)
Herndon, William Henry
Lincoln, Abraham, 1809-1865
In the summer of 1857 Lincoln was employed by Mr. Manny, of Rockford,
Ill., to defend him in an action brought by McCormick,* who was one
of the inventors of the reaping machine, for infringement of patent.
Lincoln had been recommended to Manny by E. B. Washburne, then a member
of Congress from northern Illinois. The case was to be tried before
Judge McLean at Cincinnati, in the Circuit Court of the United States.
The counsel for McCormick was Reverdy Johnson. Edwin M. Stanton and
George Harding, of Philadelphia, were associated on the other side with
Lincoln. The latter came to Cincinnati a few days before the argument
took place, and stopped at the house of a friend. "The case was one of
great importance pecuniarily," relates a lawyer** in Cincinnati, who
was a member of the bar at the time, "and in the law questions involved.
Reverdy Johnson represented the plaintiff. Mr. Lincoln had prepared
himself with the greatest care; his ambition was up to speak in the case
and to measure swords with the renowned lawyer from Baltimore. It was
understood between his client and himself before his coming that Mr.
Harding, of Philadelphia, was to be associated with him in the case, and
was to make the 'mechanical argument.'
* The case, McCormick vs. Manny, is reported in 6 McLean's
Rep., P. 539.
** W. M. Dickson.
After reaching Cincinnati, Mr. Lincoln was a little surprised and
annoyed to learn that his client had also associated with him Mr.
Edwin M. Stanton, of Pittsburg, and a lawyer of our own bar, the reason
assigned being that the importance of the case required a man of the
experience and power of Mr. Stanton to meet Mr. Johnson. The Cincinnati
lawyer was appointed for his 'local influence.' These reasons did not
remove the slight conveyed in the employment without consultation with
him of this additional counsel. He keenly felt it, but acquiesced. The
trial of the case came on; the counsel for defense met each morning for
consultation. On one of these occasions one of the counsel moved
that only two of them should speak in the case. This matter was also
acquiesced in. It had always been understood that Mr. Harding was to
speak to explain the mechanism of the reapers. So this motion excluded
either Mr. Lincoln or Mr. Stanton,--which? By the custom of the bar, as
between counsel of equal standing, and in the absence of any action of
the client, the original counsel speaks. By this rule Mr. Lincoln had
precedence. Mr. Stanton suggested to Mr. Lincoln to make the speech. Mr.
Lincoln answered, 'No, you speak.' Mr. Stanton replied, 'I will,' and
taking up his hat, said he would go and make preparation. Mr. Lincoln
acquiesced in this, but was greatly grieved and mortified; he took but
little more interest in the case, though remaining until the conclusion
of the trial. He seemed to be greatly depressed, and gave evidence of
that tendency to melancholy which so marked his character. His parting
on leaving the city cannot be forgotten.
Public-domain text, read in full here on John Shaqi.
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