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a moment, and burst into a roar of laughter. It was Lincoln's notes for the argument of this case. They were 79 unique:--"No contract--Not professional services--Unreasonable charges--Money retained by Deft not given by Pl'ff.--Revolutionary War-- Describe Valley Forge--Ice--Soldiers' bleeding feet--Pl'ff 's husband--Soldiers leaving home for the army--Skin Def 't--Close." In his Autobiography, Joseph Jefferson tells how he visited Springfield with a theatrical company in the early days (1839) and planned to open a theatrical season in that godly town. But "a religious revival was in progress, and the fathers of the church not only launched forth against us in their sermons, but got the city to pass a new law enjoining a heavy license against our 'unholy' calling. I forget the amount, but it was large enough to be prohibitory." The company had begun the building of a new theatre; and natu- rally the situation was perplexing. In the midst of their trouble, says Mr. Jefferson, "a young lawyer called on the Managers. He had heard of the injustice, and offered, if they would place the matter in his hands, to have the license taken off,--declaring that he only wanted to see fair play, and he would accept no fee whether he failed or succeeded. The case was brought up before the council. The young lawyer began his harangue. He handled the subject with tact, skill, and humor, tracing the history of the drama from the time when Thespis acted in a cart, to the stage of to-day. He illustrated his speech with a number of anecdotes, and kept the council in a roar of laughter. His good humor prevailed, and the exorbitant tax was taken off. This young lawyer was very popular in Springfield, and was honored and beloved by all who knew him; and after the time of which I write he held rather an important position in the Government of the United States. He now lies buried in Springfield, under a monument commemorating his greatness and his virtues,--and his name was Abraham Lincoln." 80Judge Gillespie tells a good story, to the effect that Lincoln and General U.P. Linder were once defending a man who was being tried on a criminal charge before Judge David Davis, who said at dinner-time that the case must be disposed of that night. Lincoln suggested that the best thing they could do would be to run Benedict, the prosecuting attorney, as far into the night as possible, in 32 hopes that he might, in his rage, commit some indiscretion that would help their case. Lincoln began, but to save his life he could not speak one hour, and the laboring oar fell into Linder's hands. "But," said Lincoln, "he was equal to the occasion. He spoke most interestingly three mortal hours, about everything in the world. He discussed Benedict from head to foot, and put in about three-quarters of an hour on the subject of Benedict's whiskers." Lincoln said he never envied a man so much as he did Linder on that occasion. He thought he was inimitable in his capacity to talk interestingly about everything and nothing, by the hour. But if Lincoln had not General Linder's art of "talking against time," his wit often suggested some readier method of gaining advantage in a case. On one occasion, a suit was on trial in the Circuit Court of Sangamon County, in which Lincoln was attorney for the plaintiff, and Mr. James C. Conkling, then a young man just entering practice, was attorney for the defendant. It was a jury trial, and Lincoln waived the opening argument to the jury, leaving Mr. Conkling to sum up his case for the defense. The latter spoke at considerable length, in a sophomoric style, laboring under the impression that unless he made an extraordinary exertion to influence the jury he would be quite eclipsed by Lincoln in his closing speech. But he was completely taken back by the unlooked-for light manner in which Lincoln treated the case in his closing. Lincoln proceeded to reply but, in doing so he talked on without making the 81 slightest reference to the case on hearing or to the argument of Mr. Conkling. His summing-up to the jury was to the following effect: "Gentlemen of the jury: In early days there lived in this vicinity, over on the Sangamon river, an old Indian of the Kickapoo tribe by the name of Johnnie Kongapod. He had been taken in charge by some good missionaries, converted to Christianity, and educated to such extent that he could read and write. He took a great fancy to poetry and became somewhat of a poet himself. His desire was that after his death there should be placed at the head of his grave an epitaph, which he prepared himself, in rhyme, in the following words: "'Here lies poor Johnnie Kongapod; Have mercy on him, gracious God, As he would do if he were God And you were Johnnie Kongapod.'" Of course all this had no reference to the case, nor did Lincoln intend it should have any. It was merely his way of ridiculing the eloquence of his opponent. The verdict of the jury was for the plaintiff, as Lincoln expected it would be; and this was the reason of his treating the case as he did. A story somewhat similar to the above was told by the late Judge John Pearson shortly before his death. In the February term, 1850, of the Circuit Court of Vermilion County, Illinois, a case was being tried in which a young lady had brought suit for $10,000 against a recreant lover who had married another girl. The amount sued for was thought to be an enormous sum in those days, and the ablest talent to be found was brought into requisition by both sides. Richard Thompson and Daniel W. Voorhees were associated with O.L. Davis for the fair plaintiff. H.W. Beckwith, Ward Lamon, and Abraham Lincoln were for the defendant. The little town of Danville was crowded with people from far and near who had come 82to hear the big speeches. The evidence brought out in the trial was in every way against the defendant, and the sympathy of the public was, naturally enough, with the young lady plaintiff. Lincoln and his associate counsel plainly saw the hopelessness of their cause; and they wisely concluded to let their side of the case stand upon its merits, without even a plea of extenuating circumstances. Voorhees was young, ambitious, and anxious to display his oratory. He arranged with his colleagues at the beginning that he should make a speech, and he spent several hours in his room at the hotel in the preparation of an oratorical avalanche. It became generally known that Dan was going to out-do himself, and the expectation of the community was at its highest tension. The little old court-house was crowded. The ladies were out in full force. Voorhees came in a little late, glowing with the excitement of the occasion. It had been arranged that Davis was to open, Lincoln was to follow, and Voorhees should come next. Mr. Davis made a clear statement of the case, recited the character of the evidence, and closed with a plain logical argument. Then Lincoln arose, and stood in silence for a moment, looking at the jury. He deliberately re-arranged some of the books and papers on the table before him, as though "making a good ready," as he used to say, and began in a spirited but deliberate way: "Your Honor, the evidence in this case is all in, and doubtless all concerned comprehend its fullest im-port without the aid of further argument. Therefore we will rest our case here." This move, of course, cut off all future discussion. Voorhees, with his load of pyrotechnics was shut out. An ominous silence followed Lincoln's remark; then Voorhees arose, white with rage, and entered a protest against the tactics of the defense. All the others were disappointed, but amused, and the only consolation that Voorhees got out of this affair was a verdict for the full amount claimed by his client. But he 83never forgave Lincoln for thus "nipping" his great speech "in the bud." Mr. Wickizer gives a story which illustrates the off-hand readiness of Lincoln's wit. "In the court at Bloomington Mr. Lincoln was engaged in a case of no great importance; but the attorney on the other side, Mr. S., a young lawyer of fine abilities, was always very sensitive about being beaten, and in this case he manifested unusual zeal and interest. The case lasted until late at night, when it was finally submitted to the jury. Mr. S. spent a sleepless night in anxiety, and early next morning learned, to his great chagrin, that he had lost the case. Mr. Lincoln met him at the court-house and asked him what had become of his case. With lugubrious countenance and melancholy tone, Mr. S. said, 'It's gone to hell!' 'Oh, well!' replied Lincoln, 'Never mind,--you can try it again there!'" 33 Lincoln was always ready to join in a laugh at his own expense, and used to tell the following story with intense enjoyment: "In the days when I used to be 'on the circuit' I was accosted in the cars by a stranger who said, 'Excuse me, sir, but I have an article in my possession which belongs to you.' 'How is that?' I asked, considerably astonished. The stranger took a jack-knife from his pocket. 'This knife,' said he, 'was placed in my hands some years ago with the injunction that I was to keep it until I found a man uglier than myself. I have carried it from that time to this. Allow me to say, sir, that I think you are fairly entitled to the property.'" Mr. Gillespie says of Lincoln's passion for story-telling: "As a boon companion, Lincoln, although he never drank liquor or used to-bacco in any form, was without a rival. No one would ever think of 'putting in' when he was talking. He could illustrate any subject, it seemed to me, with an appropriate and amusing anecdote. He did not tell stories merely for the sake of telling them, but 84rather by way of illustration of something that had happened or been said. There seemed to be no end to his fund of stories." Mr. Lamon states: "Lincoln frequently said that he lived by his humor and would have died without it. His manner of telling a story was irresistibly
