his effectiveness in managing a lawsuit entirely on the stimulus and inspiration of the final hour. He paid but little attention to the fees and money matters of the firm-usually leaving all such to me. He never entered an item in the account book. If any one paid money to him which belonged to the firm, on arriving at the office he divided it with me. If I was not there, he would wrap up my share in a piece of paper and place it in my drawer-marking it with a pencil, "Case of Roe vs. Doe.-Herndon's half."

On many topics he was not a good conversationalist, because he felt that he was not learned enough. Neither was he a good listener. Putting it a little strongly, he was often not even polite. If present with others, or participating in a conversation, he was rather abrupt, and in his anxiety to say something apt or to illustrate the subject under discussion, would burst in with a story. In our office I have known him to consume the whole forenoon relating stories. If a man came to see him for the purpose of finding out something which he did not care to let him know and at the same time did not want to refuse him, he was very adroit. In such cases Lincoln would do most of the talking, swinging around what he suspected was the vital point, but never nearing it, interlarding his answers with a seemingly endless supply of stories and jokes. The interview being both interesting and pleasant, the man would depart in good humor, believing he had accomplished his mission. After he had walked away a few squares and had cooled off, the

question would come up, "Well, what did I find out?" Blowing away the froth of Lincoln's humorous narratives he would find nothing substantial left.

"As he entered the trial," relates one of his colleagues at the bar,* "where most lawyers would object he would say he reckoned' it would be fair to let this in, or that; and sometimes, when his adversary could not quite prove what Lincoln knew to be the truth, he 'reckoned' it would be fair to admit the truth to be so-and-so. When he did object to the court, and when he heard his objections answered, he would often say, 'Well, I reckon I must be wrong.' Now, about the time he had practised this three-fourths through the case, if his adversary didn't understand him, he would wake up in a few minutes learning that he had feared the Greeks too late, and find himself beaten. He was wise as a serpent in the trial of a cause, but I have had too many scares from his blows to certify that he was harmless as a dove. When the whole thing was unravelled, the adversary would begin to see that what he was so blandly giving away was simply what he couldn't get and keep. By giving away six points and carrying the seventh he carried his case, and the whole case hanging on the seventh, he traded away everything which would give him the least aid in carrying that. Any man who took Lincoln for a simple-minded man would very soon wake up with his back in a ditch."

*Leonard Swett.

Lincoln's restless ambition found its gratification only in the field of politics. He used the law. merely as a stepping-stone to what he considered a more attractive condition in the political world. In the allurements held out by the latter he seemed to be happy. Nothing in Lincoln's life has provoked more discussion than the question of his ability as a lawyer. I feel warranted in saying that he was at the same time a very great and a very insignificant lawyer. Judge David Davis, in his eulogy on Lincoln at Indianapolis, delivered at the meeting of the bar there in May, 1865, said this: "In all the elements that constituted a lawyer he had few equals. He was great at nisi prius and before an appellate tribunal. He seized the strong points of a cause and presented them with clearness and great compactness. His mind was logical and direct, and he did not indulge in extraneous discussion. Generalities and platitudes had no charm for him. An unfailing vein of humor never deserted him, and he was able to claim the attention of court and jury when the cause was most uninteresting by the appropriateness of his anecdotes. His power of comparison was large, and he rarely failed in a legal discussion to use that mode of reasoning. The framework of his mental and moral being was honesty, and a wrong case was poorly defended by him. The ability which some eminent lawyers possess of explaining away the bad points of a cause by ingenious sophistry was denied him. In order to bring into full activity his great powers it was necessary that he should be convinced of the right and

justice of the matter which he advocated. When so convinced, whether the cause was great or small he was usually successful." *

This statement of Judge Davis in general is cor rect, but in some particulars is faulty. It was intended as a eulogy on Lincoln, and as such would not admit of as many limitations and modifications as if spoken under other circumstances. In 1866 Judge Davis said in a statement made to me in his home at Bloomington, which I still have, "Mr. Lincoln had no managing faculty nor organizing power; hence a child could conform to the simple and tech.nical rules, the means and the modes of getting at justice, better than he. The law has its own rules, and a student could get at them or keep with them. better than Lincoln. Sometimes he was forced to study these if he could not get the rubbish of a case removed. But all the way through his lack of method and organizing ability was clearly appar ent." The idea that Mr. Lincoln was a great lawyer in the higher courts and a good nisi prius lawyer, and yet that a child or student could manage a case in court better than he, seems strangely inconsistent, but the facts of his life as a lawyer will reconcile this and other apparent contradictions.

I was not only associated with Mr. Lincoln in Springfield, but was frequently on the circuit with

* He never took advantage of a man's low character to prejudice the jury. Mr. Lincoln thought his duty to his client extended to what was honorable and high-minded, just and noble-nothing further. Hence the meanest man at the bar always paid great deference and respect to him.-David Davis, Sept. 10, 1866, MS.

him, but of course not so much as Judge Davis, who held the court, and whom Lincoln followed around on the circuit for at least six months out of the year. I easily realized that Lincoln was strikingly deficient in the technical rules of the law. Although he was constantly reminding young legal aspirants to study and "work, work," yet I doubt if he ever read a single elementary law book through in his life. In fact, I may truthfully say, 'I never knew him to read through a law book of any kind. Practically, he knew nothing of the rules of evidence, of pleading, or practice, as laid down in the text-books, and seemed to care nothing about them. He had a keen sense of justice, and struggled for it, throwing aside forms, methods, and rules, until it appeared pure as a ray of light flashing through a fog-bank. He was not a general reader in any field of knowledge, but when he had occasion to learn or investigate any subject he was thorough and indefatigable in his search. He not only went to the root of a question, but dug up the root, and separated and analyzed every fibre of it. He was in every respect a case lawyer, never cramming himself on any question till he had a case in which the question was involved. He thought slowly and acted slowly; he must needs have. time to analyze all the facts in a case and wind them into a connected story. I have seen him lose cases of the plainest justice, which the most inexperienced member of the bar would have gained without effort. Two things were essential to his success in managing a case. One was time;