Lincoln, the lawyer (1912) (14581052420)

Identifier: lincolnlawye00hill (find matches)
Title: Lincoln, the lawyer
Year: 1912 (1910s)
Authors: Hill, Frederick Trevor, 1866-1930
Subjects: Lincoln, Abraham, 1809-1865 Lawyers Presidents
Publisher: New York : Century Co.
Contributing Library: Lincoln Financial Foundation Collection
Digitizing Sponsor: State of Indiana through the Indiana State Library



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he modern practitioner, for he frequentlyassigned Lincoln to the bench and left him toconduct the court in his absence. There has beenconsiderable doubt expressed by some biographersas to whether or no Lincoln did actually preside ina judiciary capacity, but there is not the slightestquestion about the matter. Judge Weldoninformed the writer that he personally tried ajury case with Lincoln on the bench, and Mr.Whitney asserts that the future President onceconducted an entire term of court in ChampaignCounty. Moreover, there is in existence to-daya judgment in Lincolns handwriting which waswritten by him in a case in which he presided asthe trial judge. This practice was, of course,irregular, and it is said that two cases werereversed by the Supreme Court because of it;but Judge Weldon told the writer that Lincoln 188 JUDGE DAVIS AND LINCOLN never presided at a trial unless the attorneys forboth parties consented, and that they were gen-erally glad to do so, for in this way delays were
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Drawn by Harry Fenn from a photograph Old court-house at Pekin, Tazewell County, Illinois Lincoln practised in this building, which is well preservedand the sessions of the Circuit Court are still held in it avoided and the clients and witnesses accommo-dated when Davis was unable to hold court. The unofficial character of the position, how-ever, made great demands upon Lincolns tact,and he had to display rare judgment in exercis- 189 LINCOLN THE LAWYER ing his authority. On one such occasion someyoung attorneys attempted to embarrass himwith technical devices in a case in which there wasno real defense. Lincoln heard them with theutmost good-nature and patience, and finally,when they had kept up their tactics for a wholeday, he gave a decision in favor of the plaintiff,and wrote the direction for judgment in suchform that there was no possible chance for anappeal. But how are we to get this up to theSupreme Court? asked one of the attorneyswhen he found himself cornered. Well, you Ve