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Lincoln's Last Trial: The Murder Case That Propelled Him to the Presidency
08-15-2018, 12:36 AM
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RE: Lincoln's Last Trial: The Murder Case That Propelled Him to the Presidency
Today, I was thumbing through the book and came across an unusual murder case trial (probably 1856) in which Lincoln served as the prosecutor. Heretofore, I thought that Stanton had been the very first attorney to use "temporary insanity" as a defense in a murder case at the trial of Daniel Sickles. It now appears that Lincoln was involved in an earlier case in which "temporary insanity" was also used "successfully" (but the outcome of the trial for the defendant was much different as to be explained) as a defense.

The facts of the case were not in dispute. In the summer of 1855, Isaac Wyant and Anson Rusk had fought over a disputed tract of land. Rusk had shot Wyant in his left arm, which had to be amputated. Several months later the distraught Wyant responded, shooting Rusk four times in broad daylight. It seemed it was cold-blooded murder.

Lincoln prosecuted the case; Leonard Swett defended his client. Swett called a series of witnesses to create a portrait of an unbalanced man sent over the edge of sanity by the amputation of his arm. Lincoln countered as best he could.

The jury set an important standard when it found Wyant "not guilty by reason of insanity" and "unsafe to be at large." Wyant was committed to the Illinois State Hospital for the Insane.

After the conclusion of the trial, William Herndon told Lincoln that he knew Wyant well, having defended him "from almost every charge in the calendar of crimes." Herndon described him as "a weak brother," easily led by others.

Considering that, Lincoln responded, "I acted on the theory he was 'possuming' insanity, and now I fear I have been too severe and that the poor fellow might be insane after all. If he cannot realize the wrong of his crime, then I was wrong in aiding to punish him."

"So very difficult a matter is it to trace and find out the truth of anything by history." -- Plutarch
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RE: Lincoln's Last Trial: The Murder Case That Propelled Him to the Presidency - David Lockmiller - 08-15-2018 12:36 AM

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