A "Lincoln the Lawyer" Story

[LincolnMan]

Oh, we certainly need lawyers like this nowadays! Read the story by going here: http://www.futilitycloset.com/2012/10/17/upstanding-2/

[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.

[LincolnMan]

Roger: I really enjoyed your "Lincoln the Lawyer" story, as well. You're are so right on what you said. On another note, as I type this on my cell phone (my wife is driving)-I am on my way to Lansing, Michigan to take a few pictures of the statue of Zachariah Chandler in the Constitution Hall. His statue was recently moved from Washington D.C. because it was replaced with a statue of Gerald Ford. Should be an interesting visit. I wonder if there are any statues of Lincoln in Lansing?

[LincolnMan]

Well, mission accomplished! I took several pictures of the Zachariah Chandler in Lansing after getting permission by security to. Do so. For the record, I was told that there are no statues of Lincoln there. I'll be posting a picture or two of the Chandler statue on my Lincoln blog. Lincoln the lawyer only made one stop to Michigan-Kalamazoo. Still, I thought there might be a statue of him somewhere in Michigan's capitol.

[RJNorton]

Bill, I did find some Lincoln statues in Michigan.

Go here, here, and here.

Do you know the gentleman who runs that wonderful website?

[LincolnMan]

Good morning Roger. Indeed, he is me.

[JMadonna]

Geoffry Fieger would have fired Lincoln on the spot.

[LincolnMan]

You're right about that!

[LincolnMan]

From Words Lincoln Lived By by Gene Griessman:

In Lincoln's day, just as today, lawyers handled the cases of guilty clients-because-of course, under the adversarial system of a democracy, even a guilty person is entitled to the best defense possible. But what is unethical is being dishonest while defending a client. Lincoln was emphatic on this point: "Resolve to be honest at all events," he stated. "If, in your own judgment, you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave."

[RJNorton]

Bill, here's another one I like:

"Let reverence for the laws, be breathed by every American mother, to the lisping babe, that prattles on her lap - let it be taught in schools, in seminaries, and in colleges; let it be written in Primmers, spelling books, and in Almanacs; let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice."

Source: The Collected Works of Abraham Lincoln edited by Roy P. Basler, Volume I, "Address Before the Young Men's Lyceum of Springfield, Illinois" (January 27, 1838), p. 112.

[LincolnMan]

Great quote. My internet has been down at home. I'm at the hospital now so all my emails are filing in!

[Gene C]

Here's an interesting Lincoln Lawyer story from "The Story Life of Lincoln" by Wayne Whipple, entitled "How Lincoln Retaliated on Opposing Council"

https://ia600709.us.archive.org/BookRead...2&rotate=0

[RJNorton]

Good one, Gene!

One of my favorite Lincoln quotes, although I think it is probably apocryphal, comes from the courtroom. Lincoln was upset with how "wordy" his opponent was. Lincoln stood up and complained to the judge:

"He can compress the most words into the smallest ideas of any man I ever met."

(Actually I have seen the quote attributed to settings other than the courtroom including using Lincoln's alleged use of it against a political opponent.)

[HerbS]

Lincoln was a crafty,winning,attorney!He knew his craft and how to win his cases at all costs!