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 adjournHe 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 11 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.

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, "drove into our town (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

* "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."

started North, on the Illinois Central Railroad, and as he went in an old omnibus he played on a boy's harp all the way to the depot. I used to attend the Danville court, and while there, usually roomed with Lincoln and Davis. We stopped at McCormick's hotel, an old-fashioned frame country tavern. Jurors, counsel, prisoners, everybody ate at a long table. The judge, Lincoln, and I had the ladies' parlor fitted up with two beds. Lincoln, Swett, McWilliams, of Bloomington, Voorhees, of Covington, Ind., O. L. Davis, Drake, Ward Lamon, Lawrence, Beckwith, and O. F. Harmon, of Danville, Whiteman, of Iroquois County, and Chandler, of Williamsport, Ind., constituted the bar. Lincoln, Davis, Swett, I, and others who came from the western part of the state would drive from Urbana. The distance was thirty-six miles. We sang and exchanged stories all the way. We had no hesitation in stopping at a farm-house and ordering them to kill and cook a chicken for dinner. By dark we reached Danville. Lamon would have whiskey in his office for the drinking ones, and those who indulged in petty gambling would get by themselves and play till late in the night. Lincoln, Davis, and a few local wits would spend the evening in Davis's room, talking politics, wisdom, and fun. Lincoln and Swett were the great lawyers, and Lincoln always wanted Swett in jury cases. We who stopped at the hotel would all breakfast together and frequently go out into the woods and hold court. We were of more consequence than a court and bar is now. The feelings were those of

great fraternity in the bar, and if we desired to restrict our circle it was no trouble for Davis to freeze out any disagreeable persons. Lincoln was fond of going all by himself to any little show or concert. I have known him to slip away and spend the entire evening at a little magic lantern show intended for children. A travelling concert company, calling themselves the Newhall Family,' were sure of drawing Lincoln. One of their number, Mrs. Hillis, a good singer, he used to tell us was the only woman who ever seemed to exhibit any liking for him. I attended a negro-minstrel show in Chicago, where we heard Dixie sung. It was entirely new, and pleased him greatly. In court he was irrepressible and apparently inexhaustible in his fund of stories. Where in the world a man who had travelled so little and struggled amid the restrictions of such limited surroundings could gather up such apt and unique yarns we never could guess. Davis appreciated Lincoln's talent in this direction, and was always ready to stop business to hear one of his stories. Lincoln was very bashful when in the presence of ladies. I remember once we were invited to take tea at a friend's house, and while in the parlor I was called to the front gate to see a client. When I returned, Lincoln, who had undertaken to entertain the ladies, was twisting and squirming in his chair, and as bashful as a schoolboy. Everywhere, though we met a hard crowd at every court, and though things were free and easy, we were treated with great respect."

Probably the most important lawsuit Lincoln

and I conducted was one in which we defended the Illinois Central Railroad in an action brought by McLean County, Illinois, in August, 1853, to recover taxes alleged to be due the county from the road. The Legislature had granted the road immunity from taxation, and this was a case intended to test the constitutionality of the law. The road sent a retainer fee of $250. In the lower court the case was decided in favor of the railroad. An appeal to the Supreme Court followed, and there it was argued twice, and finally decided in our favor. This last decision was rendered some time in 1855. Mr. Lincoln soon went to Chicago and presented our bill for legal services. We only asked for $2000 more. The official to whom he was referred, -supposed to have been the superintendent George B. McClellan who afterwards became the eminent general,-looking at the bill expressed great surprise. "Why, sir," he exclaimed, "this is as much as Daniel Webster himself would have charged. We cannot allow such a claim." Stung by the rebuff, Lincoln withdrew the bill, and started for home. On the way he stopped at Bloomington. There he met Grant Goodrich, Archibald Williams, Norman B. Judd, O. H. Browning, and other attorneys, who, on learning of his modest charge for such valuable services rendered the railroad, induced him to increase the demand to $5000, and to bring suit for that sum. This was done at once. On the trial six lawyers certified that the bill was reasonable, and judgment for that sum went by default. The judgment was promptly paid.