The Life of Abraham Lincoln by Henry Ketcham
page 59 of 302 (19%)
page 59 of 302 (19%)
![]() | ![]() |
|
|
persuaded him to raise the fee to $5,000, and six leading lawyers of
the state testified that that sum was a moderate charge. Lincoln sued the road for the larger amount and won his case. It is a matter of interest that at that time the vice-president of the railroad was George B. McClellan. It was Lincoln's habit always to go to the heart of a case. Quibbles did not interest him. The non-professional public who have attended jury trials will not easily forget the monotonous "I object" of the attorneys, usually followed by, "I except to the ruling of the court," and "The clerk will note the exception." Lincoln generally met the objections by the placid remark, "I reckon that's so." Thus he gave up point after point, apparently giving away his case over and over again, until his associates were brought to the verge of nervous prostration. After giving away six points he would fasten upon the seventh, which was the pivotal point of the case, and would handle that so as to win. This ought to have been satisfactory, but neither Herndon nor his other associates ever got used to it. Lincoln put his conscience into his legal practise to a greater degree than is common with lawyers. He held (with Blackstone) that law is for the purpose of securing justice, and he would never make use of any technicality for the purpose of thwarting justice. When others maneuvered, he met them by a straightforward dealing. He never did or could take an unfair advantage. On the wrong side of a case, he was worse than useless to his client, and he knew it. He would never take such a case if it could be avoided. His partner Herndon tells how he gave some free and unprofessional advice to one who offered him such a case: "Yes, there is no reasonable doubt but that I can gain your case for you. I can set a whole neighborhood at loggerheads; I can distress |
|


