A "Lincoln the Lawyer" Story

[RJNorton]

Thank you, Bill, for posting that. There are a lot things about Lincoln as an attorney that fascinate me. Here's an example:

In a civil case Lincoln was once asked to define the term preponderance of the evidence.

He said: "Gentlemen of the jury, did you ever see a pair of steel yards or a pair of store scales? If you did I can explain, I think, to your satisfaction the meaning of the word. If the plaintiff has introduced any evidence, put that in the scales and have it weighed. Say it weighs sixteen ounces. If the defendant has introduced any evidence in the case, put that in the scales; and if that evidence weighs sixteen ounces, the scales are balanced and there is no preponderance of evidence on either side. There are four witnesses on each side of this case. If the plaintiff's evidence weighs one grain of wheat more than the defendant's, then the plaintiff has the preponderance of evidence - his side of the scales goes down, is the heaviest. If this defendant's evidence weighs one grain of wheat more than the plaintiff's, then the defendant's side of the scales goes down, is the heaviest; and that movement of the scales tells what is the preponderance of evidence. Now apply this illustration to the state of your mind on weighing the evidence for the plaintiff and defendant."

Sometimes I think jury members "get lost" when a lawyer is addressing them. But I think most all jurors could understand when a concept is explained like Lincoln did it.