He did so in the case of Buckmaster for the use of A widow who owned a piece of valuable land employed Lincoln and myself to examine the title to the property, with the view of ascertaining whether certain alleged tax liens were just or not. In tracing back the title we were not satisfied with the description of the ground in one of the deeds of conveyance. Lincoln, to settle the matter, took his surveying instruments and surveyed the ground himself. The result proved that Charles Matheney, a former grantor, had sold the land at so much per acre, but that in describing it he had made an error and conveyed more land than he received pay for. This land descended to our client, and Lincoln after a careful survey and calculation, decided that she ought to pay to Matheney's heirs the sum which he had shown was due them by reason of the erroneous conveyance. To this she entered strenuous objections, but when assured that unless she consented to this act of plain justice we would drop the case, she finally, though with great reluctance, consented. She paid the required amount, and this we divided up into smaller sums proportioned to the number of heirs. Lincoln himself distributed these to the heirs, obtaining a receipt from each one.* *"DEAR HERNDON: "One morning, not long before Lincoln's nomination-a year per haps I was in your office and heard the following: Mr. Lincoln, 1 t While Mr. Lincoln was no financier and had no propensity to acquire property,-no avarice of the get, yet he had the capacity of retention, or the avarice of the keep. He never speculated in lands or anything else. In the days of land offices and "choice lots in a growing town" he had many opportunities to make safe ventures promising good returns, but he never availed himself of them. His brother lawyers were making good investments and lucky turns, some of them, Davis, for example, were rapidly becoming wealthy but Lincoln cared nothing for speculation in fact there was no venturesome spirit in him. His habits were very simple. He was not fastidious as to food or dress. His hat was brown, faded, and the nap usually worn or rubbed off. He wore a short cloak and sometimes a shawl. His coat and vest hung loosely on his gaunt frame, and his trousers were invariably too short. On the seated at the baize-covered table in the centre of the office, listened attentively to a man who talked earnestly and in a low tone. After being thus engaged for some time Lincoln at length broke in, and I shall never forget his reply. 'Yes,' he said, 'we can doubtless gain your case for you; we can set a whole neighborhood at loggerheads; we can distress a widowed mother and her six fatherless children and thereby get for you six hundred dollars to which you seem to have a legal claim, but which rightfully belongs, it appears to me, as much to the woman and her children as it does to you. You must remember that some things legally right are not morally right. We shall not take your case, but will give you a little advice for which we will charge you nothing. You seem to be a sprightly, energetic man; we would advise you to try your hand at making six hundred dollars in some other way.' From undated MS., about 1866. "Yours, "LORD." circuit he carried in one hand a faded green umbrella, with "A. Lincoln" in large white cotton. or muslin letters sewed on the inside. The knob was gone from the handle, and when closed a piece of cord was usually tied around it in the middle to keep it from flying open. In the other hand he carried a literal carpet-bag, in which were stored the few papers to be used in court, and underclothing enough to last till his return to Springfield. He slept in a long, coarse, yellow flannel shirt, which reached half-way between his knees and ankles. It probably was not made to fit his bony figure as completely as Beau Brummel's shirt, and hence we can somewhat appreciate the sensation of a young lawyer who, on seeing him thus arrayed for the first time, observed afterwards that, "He was the ungodliest figure I ever saw." "He never complained of the food, bed, or lodgings. If every other fellow grumbled at the bill-offare which greeted us at many of the dingy taverns," says David Davis, "Lincoln said nothing." He was once presiding as judge in the absence of Davis, and the case before him was an action brought by a merchant against the father of a minor son for a suit of clothes sold to the son without parental authority. The real question was whether the clothes were necessary, and suited to the condition of the son's life. The father was a wealthy farmer; the bill for the clothing was twenty-eight dollars. I happened in court just as Lincoln was rendering his decision. He ruled against the plea of necessity. "I have rarely in my life," said he, "worn a suit of clothes costing twenty-eight dollars." "Several of us lawyers," remarked one of his colleagues, "in the eastern end of the circuit annoyed Lincoln once while he was holding court for Davis by attempting to defend against a note to which there were many makers. We had no legal, but a good moral defence, but what we wanted most of all was to stave it off till the next term of court by one expedient or another. We bothered the court' about it till late on Saturday, the day of adjournment. He adjourned for supper with nothing left but this case to dispose of. After supper he heard our twaddle for nearly an hour, and then made this odd entry: 'L. D. Chaddon vs. J. D. Beasley et al. April Term, 1856. Champaign County Court. Plea in abatement by B. Z. Green, a defendant not served, filed Saturday at II o'clock A. M., April 24, 1856, stricken from the files by order of court. Demurrer to declaration, if there ever was one, overruled. Defendants who are served now, at 8 o'clock, P. M., of the last day of the term, ask to plead to the merits, which is denied by the court on the ground that the offer comes too late, and therefore, as by nil dicet, judgment is rendered for Pl'ff. Clerk assess damages. A. Lincoln, Judge pro tem.' The lawyer who reads this singular entry will appreciate its oddity if no one else does. After making it one of the lawyers, on recovering his astonishment, ventured to inquire, "Well, Lincoln, *H. C. Whitney, MS., letter, Nov. 13, 1865. 66 how can we get this case up again? Lincoln eyed him quizzically a moment, and then answered, You have all been so 'mighty smart about this case you can find out how to take it up again yourselves." The same gentleman who furnishes this last incident, and who was afterwards a trusted friend of Mr. Lincoln, Henry C. Whitney, has described most happily the delights of a life on the circuit. A bit of it, referring to Lincoln, I apprehend, cannot be deemed out of place here. "In October, 1854, Abraham Lincoln," he relates, (Urbana) to attend court. He had the appearance of a rough, intelligent farmer, and his rude, homemade buggy and raw-boned horse enforced this belief. I had met him for the first time in June of the same year. David Davis and Leonard Swett had just preceded him. The next morning he drove into our town * “During my first attendance at court in Menard County," relates a lawyer who travelled the circuit with Lincoln, "some thirty young men had been indicted for playing cards, and Lincoln and I were employed in their defence. The prosecuting attorney, in framing the indictments, alternately charged the defendants with playing a certain game of cards called 'seven-up,' and in the next bill charged them with playing cards at a certain game called 'old sledge.' Four defendants were indicted in each bill. The prosecutor, being entirely unacquainted with games at cards, did not know the fact that both 'seven-up' and 'old sledge' were one and the same. Upon the trial on the bills describing the game as 'seven-up' our witnesses would swear that the game played was 'old sledge,' and vice versa on the bills alleging the latter. The result was an acquittal in every case under the instructions of the Court. The prosecutor never found out the dodge until the trials were over, and immense fun and rejoicing were indulged in at the result." |