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fun and rejoicing were indulged in at the result."

Judge Davis, an unusually good witness, on account of his ability and his intimacy with Lincoln, says that he was "hurtful in denunciation and merciless in castigation." One of his most eloquent onslaughts was in the Wright case, where he attacked a pension agent for cheating a poor widow. Lincoln, who was himself surety for her costs, gave such a picture of her husband's hardships, the sufferings of the soldiers at Valley Forge, and the heartless extortion of the agent, that the jury was in tears, and the verdict was entirely in favor of the widow. Lincoln's notes for this argument could hardly be surpassed for individuality. They were: "No contract. - Not professional services. Unreasonable charge. Money retained by Def't not given by Pl'ff. - Revolutionary War.- Describe Valley Forge privations. - Ice. Soldier's bleeding feet. Pl'ff's husband. Soldier leaving home for army. Skin Def't. Close." That he did skin the defendant there is no doubt.

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Besides this ability in castigation Judge Davis. also credits him with a large power in comparison, which he seldom failed to use in legal arguments, and this power was often brought out in his favorite narrative form. "The ability,"

Judge Davis says, "however, which some eminent lawyers possess, of explaining away the bad points of a cause by ingenious sophistry, was denied him." Among the number of stories which illustrate this characteristic honesty, one of the most definite tells of the trial of a man for homicide committed at Sandorus, Illinois. When the facts were brought before the petit jury it was clearly developed that the indictment ought to have been for murder instead of for manslaughter. The two lawyers associated with Lincoln in the defence wished to try for an acquittal. Leonard Swett made

an effective speech one evening, in which he brought much pathos out of several small children and the wife about to be confined. Lincoln, following on the same side the next day, damaged by the honesty of his mental processes the effect made by Swett. He disagreed with the pathos argument and said that was not to be weighed by the jury. guilty, was sent to the penitentiary for three years, and Lincoln, who believed that he had committed murder, induced the Government to pardon him a short time after.

His client, found

Judge Davis frequently had Lincoln hold court for him, sometimes for an hour or two, sometimes a day or more, occasionally even for a long time, and it is said that two cases were

afterward reversed for this reason. Stories with more point than probability relate that the temporary judge used to leave the bench to entertain the crowd with stories, and that he once granted a new trial on the ground of the incompetency of the court. Another tale, probably true, is thus told by one of his colleagues: "Several of us lawyers 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 eleven 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 eight 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.”

One of the lawyers, on recovering from his astonishment, inquired, “Well, Lincoln, how can we get this case up again?" Lincoln eyed him 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."

Another direction in which Lincoln managed to extract amusement from life, in spite of the fact that he was unable to proceed in his chosen direction, is indicated by Lamon's story of a time when he also was practising in Illinois. Called suddenly into court from an improvised wrestling match outside, Lamon arose to address the judge, unconscious of a large rent in his trousers. fun-loving country attorneys quickly circulated a paper begging subscriptions to correct the worthy youth's apparel. Each member to whom the paper came added some absurd contribution, but when it reached Lincoln, he wrote on it, "I can contribute nothing to the end in view."

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In Springfield, however, the natural social gayety of his existence, which under any circumstances had a background of melancholy, was lessened by unhappy home surroundings. Lincoln's usual hour for reaching the office was nine, but sometimes Herndon, who arrived earlier,

found his partner already there, which meant something unpleasant in the family, and the only morning salutation then vouchsafed by the senior was a grunt. Herndon also declares that Lincoln feed a maid to endure the peculiarities of his wife, and that, although his home was but a few squares away, he lunched at the office on crackers and cheese and frequently remained long after dark.

An easy carelessness reigned in the office. On one large envelope Lincoln had written, "When you can't find it anywhere else look into this." Another receptacle was still more devoted to general utility, his big silk plug hat, which he used now for law as he had formerly for mail. He once apologized to a lawyer for not having answered a letter, on the ground that he put it in his old hat and bought a new one. The papers and other material in the office were strewn anywhere, and a law student who endeavored to clean up the place found that some seeds brought back by Lincoln from Washington had sprouted. in the accumulated dirt. In this easy atmosphere the head of the firm divided his time between discussing, telling stories, often repeating a new one several times to newcomers in as many hours with the same zest, and spells of hard work. One observer says, "As for Lincoln, he had three different moods, if I may so express

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