Identifier: lincolnlawy1762hillin (find matches)
Title: Lincoln, the lawyer
Year: 1906 (1900s)
Authors: Hill, Frederick Trevor, 1866-1930
Subjects: Lincoln, Abraham, 1809-1865 Lawyers Presidents
Publisher: New York : Century Co.
Contributing Library: Lincoln Financial Foundation Collection
Digitizing Sponsor: The Institute of Museum and Library Services through an Indiana State Library LSTA Grant

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lly fair practitioner and generousopponent is the fact that he made no enemies inthe ranks of his profession during all his activeand varied career. Forbearance is often mistakenfor timidity, and tact for weakness, and it notinfrequently happened that Lincolns profes-sional opponents misinterpreted his attitude to-ward them; but they were always speedily dis-illusioned. Mr. Swett remarked that any onewho took Lincoln for a simple-minded man (inthe court-room) would very soon wake up on hisback in a ditch; and although he seldom resortedto tongue-lashing, and rarely displayed anger,there is abundant evidence that no one everattacked him with impunity. Judge Weldontold the writer that on one occasion a lawyerchallenged a juror because of his personal ac-quaintance with Mr. Lincoln, who appeared forthe other side. Such an objection was regardedas more or less a reflection upon the honor ofan attorney in those days, and Judge Davis, whowas presiding at the time, promptly overruled the 212
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Leonard Swett THE JURY LAWYER challenge; but when Lincoln rose to examine thejury he gravely followed his adversarys leadand began to ask the talesmen whether they wereacquainted with his opponent. After two orthree had answered in the affirmative, however,his Honor interfered. Now, Mr. Lincoln, he observed severely,you are wasting time. The mere fact that ajuror knows your opponent does not disqualifyhim. No, your Honor, responded Lincoln, dryly.But I am afraid some of the gentlemen maynot know him, which would place me at a dis-advantage. A successful jury lawyer must needs be some-thing of an actor at times, and during his ap-prentice years Lincoln displayed no littlehistrionic ability in his passionate appeals to thejuries. Indeed, his notes in the Wright caseshow that he occasionally reverted to first prin-ciples even after he had reached the age of dis-cretion. This case was brought on behalf of thewidow of a Revolutionary War soldier whosepension had been cut in two by a rapaci

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