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Champaign Christian DeWitt Edgar Livingston Logan Macon Mason McLean
Menard Moultrie Piatt Sangamon Shelby Tazewell Vermilion Woodford
Cases From Champaign County
People ex rel. Dunn v. Carle
May of 1851
In a case that was the sign of the times, Nancy Jane Dunn retained Lincoln and charged that Carle fathered her child. The state's attorney, on Dunn's behalf, indicted Carle for bastardy. The jury found that Carle was the father, and the court ordered him to pay Dunn $50 per year in child support. In separate but related cases, Nancy Jane Dunn also sued Carle for breaching a promise to marry her (Dunn v. Carle), and Zephaniah Dunn, Nancy Jane Dunn's father, sued Carle for seduction (Dunn v. Carle).
People v. Johnson
October of 1856
The state's attorney indicted Johnson for stealing a gold watch worth $125 from Green. The record does not indicate Lincoln's involvement, but Henry C. Whitney wrote that Lincoln defended Johnson, who was Lincoln's stepbrother's son. The state's attorney agreed to halt prosecution if Green would appear in court and drop the charges. Apparently, Green did so.
Baddeley v. Rogerson et al
April of 1857
Rogerson died in 1856, leaving a widow and seven children. The court appointed Baddeley as administrator of Rogerson's estate. Baddeley discovered that the estate's personal property was not sufficient to pay its debts. Baddeley petitioned the court to permit him to sell enough of the estate's land to pay the debts. The court allowed the sale and ordered Baddeley to report the results. Baddeley reported that the $15,103.00 that he collected from the land sale would pay the estate's debt of $14,345.75. This case is interesting not merely because it involves a woman as a litigant, but also because Lincoln served as judge during the proceedings, as he did from time to time when the regular judges were unavailable.
People v. Patterson
April of 1859
Dehaven entered Patterson's store to buy a hatchet. Patterson refused to give Dehaven more credit until Dehaven had paid his account. Dehaven, who was drunk, left angrily but soon returned and renewed the argument. Dehaven raised a spade to strike Patterson, but Patterson picked up a two-pound scale weight and threw it at Dehaven. The weight hit Dehaven near his left ear, and he died a few days later. The state's attorney, Ward Hill Lamon (who later became President Lincoln's bodyguard) indicted Patterson for manslaughter, and Patterson retained Lincoln to defend him. Lincoln's 1858 U. S. Senate campaign against Douglas delayed the case for six months. At the trial, the jury found Patterson guilty and sentenced him to three years in the Alton Penitentiary. The court denied Lincoln's motion for a new trial. In 1860, Lincoln endorsed a request for pardon, and the governor pardoned Patterson.
Bissell v. Ferris
April of 1861
In November 1855, Bissell purchased a quarter section of land that was part of the Federal land grant to the Illinois Central Railroad. Ferris claimed the right to preempt Bissell's claim by virtue of a pretended settlement with the federal land office in 1855. Bissell sued Ferris and requested that the court issue an injunction to stop Ferris from disturbing him, cancel Ferris's certificate of purchase, and force Ferris to convey the property to him if Ferris received a land patent. Bissell claimed that Ferris was trying to evict him and that Ferris had no preemption rights. Bissell sought relief in equity, as no remedy existed in common law. After several continuances, the court dismissed the case in April 1861. Not only did Lincoln both represent the Illinois Central Railroad and handle cases against it, but "Honest Abe" was honest enough to sit as the judge during these proceedings.
Cases From Christian County
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Barret & Barret v. Eastham et al
June of 1851
Richard Barret and James Barret sued Eastham and others in a bill in chancery to settle a dispute involving forty acres, twenty blocks, and thirty-three lots of land in Taylorville, Illinois. Yates, one of the defendants, counter-sued in a crossbill against the other defendants and the Barrets to have the disputed forty acres conveyed to him. The defendants defaulted in the original suit and the cross-bill, and the court decreed the following division of the property: one-fourth interest to Richard Barret; one-fourth interest to the heirs of Taylor; three-eighths interest to James Barret; and the remaining one-eighth interest divided among the Barrets and Taylor's heirs. The court also decreed that James Barret be reimbursed $450 from the property's proceeds for taxes. The court appointed Lincoln as commissioner to make the conveyances if the litigants failed to do so within twenty days. In response to the crossbill, the court decreed that Yates receive the forty acres. Lincoln represented the defendants in the original case.
People v. Brown
November of 1852
Brown, armed with a gun, allegedly chased several people from his watermelon field and shot at them. The state's attorney indicted Brown for assault with a deadly weapon, and Brown retained Lincoln. The state's attorney refused to prosecute the case further, and the court dismissed the case. Lincoln later sued Brown to recover fees for his legal services (Lincoln v. Brown).
Overholt & Squier v. Christian County, Illinois
June and December, 1856
Overholt and Squier contracted with three judges from Christian County, Illinois, to construct a courthouse. The $15,000 contract was to be paid in installments upon completion of specific projects. Overholt completed the foundation, but Judge Vandeveer refused to pay because the job failed to meet agreed specifications. Overholt and Squier halted construction and sued in the Christian County Circuit Court to recover the anticipated profits. The court granted a change of venue to the Macon County Circuit Court. The jury found for Overholt and Squier and awarded $657.87. The Christian County officials, who had retained Lincoln, appealed to the Illinois Supreme Court, which reversed and remanded the appeal. The court ruled that Overholt and Squier could not sue for anticipated profits unless they were prevented from completing construction, which did not happen. Lincoln received a $50 fee for his work in the trial and the appeal.
Cases From DeWitt County
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Ayers v. Griffen et al
September of 1847
Ayers sued Jesse Griffin in JP court to collect a $67.35 promissory note. Griffin confessed judgment, and the JP awarded Ayers $71.67. The sheriff tried to execute the judgment but found no property. Ayers filed a bill for relief in the circuit court. Ayers complained that Griffin defrauded him out of the judgment by pleading insolvency, yet Griffin purchased a lot in Waynesville, Illinois, for $150, ironically from the JP who issued the judgment. The deed to the lot was in the name of Griffin's six-year-old son, Josiah Griffin. The court ruled that Ayers had been defrauded, and the court sold the lot to satisfy the JP judgment. Lincoln represented the Griffins. This case featured a woman as a litigant, a surprising rarity in early Illinois.
Allen v. Illinois Central RR
October of 1855
Allen claimed that the Illinois Central Railroad excavated fifty thousand cubic feet of earth and soil from his property for their own use in building the railroad and left unfilled mines and pits. Allen sued the railroad and requested $5,000 in damages. The railroad retained Lincoln and pleaded not guilty. The jury found the railroad guilty and awarded $762.50 in damages. Lincoln received $150 for his legal services in this case and fourteen other cases for the Illinois Central RR. One of the experts brought to testify in one of the cases was a man by the name of Captain George McClellan, who would later become a General under Lincoln during the Civil War.
Dungey v. Spencer
May and October of 1855
Lincoln was retained by William Dungey who was suing his brother-in-law, Joseph Spencer, for slander. Spencer was accusing Dungey, who was a dark complected man, of being a "negro". According to Illinois laws at the time, if Dungey was thought to be a man of color, he stood to lose many of his rights. The trial was held in May and October of 1855. Lincoln won the case and Dungey was granted $600 in damages and $137.50 in court costs. Lincoln charged a fee of $25. He also advised Dungey to remit $400 of the judgment to Spencer so the issue could not be brought up again in an appeals court.
People v. Wyant
April of 1857
Rusk shot Wyant during a feud over boundary lines separating their property. Wyant recovered but lost an arm. Fearing Rusk would kill him, Wyant then shot Rusk four times, killing him. The state's attorney indicted Wyant in the DeWitt County Circuit Court for murder. Wyant requested and received a change of venue to the McLean County Circuit Court. Wyant's attorneys pleaded that Wyant was not guilty by reason of insanity and claimed that the chloroform given during the amputation of his arm made Wyant insane. Many doctors testified for each side, and the jury found Wyant not guilty by reason of insanity. The court ordered Wyant to be admitted to the state mental hospital. Lincoln assisted the state's attorney in the prosecution. This case was one of the first in which the defense relied upon the insanity plea.
Cases From Edgar County
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People for use of Burr et al. v. Austin
May of 1845
In 1830, Saban Burr died, leaving his four minor children as heirs. The court named Elijah Austin as guardian to manage the estate until the heirs reached adulthood. The state's attorney, for the use of Nancy Burr and her siblings, sued Austin for withholding $600 worth of the estate's money, rents, and profits from them. They sued to collect on the guardian bond posted by Austin. The jury found for Burr and awarded $636.47, of which she remitted $136. Elijah Austin died, and Seth Austin, the administrator of Elijah Austin's estate, appealed to the Illinois Supreme Court, which reversed and remanded the case, ruling that the jury had improperly awarded $636.47 in damages because the declaration had asked for only $500 in damages. The supreme court reasoned that the proper judgment for Burr, who retained Lincoln in the appeal and remanded case, was that she recover the amount of the debt within the award for damages. The verdict was not broad enough to sustain the judgment. The case returned to the circuit court, where the court increased the damages to $1,000. However, the parties reached a settlement and agreed to dismiss the case.
Mayo v. Edgar County, Illinois
May of 1846
Mayo, the circuit clerk of Edgar County, Illinois, on behalf of the county, issued two writs of scire facias upon forfeited recognizance bonds. The court rendered a judgment for Edgar County on the writs, executed the judgments, but recovered no money. Mayo requested that the county pay the $7.93 fee for issuing the writs, but the county commissioners refused and stated that they were not liable. The parties presented an agreed case to the circuit court, which ruled for Mayo and awarded $7.93. The county appealed to the Illinois Supreme Court, which reversed the judgment. Mayo retained Lincoln for the appeal, and Lincoln argued that the common law entitled Mayo to be paid the fees. The county asked Mayo to perform a service, and he did so. There was no state law that contravened the common law, Lincoln concluded. The supreme court disagreed with Lincoln, referring to the 105th section of the Criminal Code that stated that all criminal recognizance originated with the state. Therefore, the county could not be liable for a suit from which it derived no benefit. Lincoln and Herndon received $5 for their legal services.
Sizemore v. Moke, conservator of Sizemore
May of 1852
In 1846, John Sizemore had the court declare insane his thirty-year-old son, Joshua Sizemore. The court appointed Moke as conservator to manage Joshua Sizemore's real and personal property valued at $400. John Sizemore retained Lincoln and sued Moke in an action of assumpsit to recover $300, which Moke had paid out for Joshua Sizemore's living expenses for three years. The jury found for Sizemore and awarded $260 from Joshua Sizemore's estate.
Cases From Livingston County
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Wilson v. Popejoy
May of 1840
Wilson allowed Popejoy to ride his horse from Money Creek, Illinois, to Bloomington, Illinois, and back. Popejoy agreed to care for, to feed, and to shod the horse, and to pay Wilson $1. Popejoy failed to take care of the horse, and the horse died after returning. Wilson sued Popejoy in an action of assumpsit and requested $300 in damages. Popejoy retained Lincoln and claimed that Wilson owed him some money. The jury found for Wilson and awarded $70.25 in damages.
Popejoy v. Wilson
October of 1840
Wilson claimed that Popejoy stole McDowell's meat. Popejoy retained Stuart and Lincoln and sued Wilson in an action of slander seeking $2,000 in damages. Wilson initially pleaded not guilty, but later he apparently withdrew his plea and confessed judgment for $2,000. Popejoy remitted the entire amount.
Blue v. Allen et ux
September and December of 1843
Blue, the acting sheriff of Livingston County, Illinois, accused Eliza Allen of perjury. Eliza Allen and her husband Moses Allen sued Blue in an action of slander. The jury found Blue guilty and awarded the Allens $250. Blue retained Logan and Lincoln and appealed to the Illinois Supreme Court. The Allens failed to file a joinder in error and defaulted. The court reversed the judgment. The case was not reported in the Illinois Reports.
Cases From Logan County
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Adams et al. v. Logan County, Illinois
October and December of 1849
In 1839, the Illinois legislature created Logan County. Adams, Tinsley, and Knapp donated land to the Logan County commissioners for the benefit of the county seat at Postville. County officials moved the county seat to Mt. Pulaski in 1847, sold the Postville property for $300, and kept the money. Adams, Tinsley, and Knapp sued the county in the Logan County Circuit Court to recover the $300. The county retained Lincoln, and the court ruled pro forma for the county. Adams, Tinsley, and Knapp appealed to the Illinois Supreme Court, and the county continued to employ Lincoln and Herndon. The Supreme Court affirmed the judgment, recognizing that the legislature was empowered to move county seat locations for the public benefit and that such removal did not give property donors the right to sue for damages.
Turley et al. v. Logan County, Illinois
September of 1854 and December of 1855
The Illinois General Assembly passed a law to move the county seat of Logan County, Illinois, from Mt. Pulaski to Lincoln. Turley and others, large landowners in the Mt. Pulaski area, believed that the vote was unconstitutional, and thus the county seat relocation law was void. The law required that a bill be read three times, but the relocation bill was read only once. Turley sued Logan County for an injunction to stop the relocation of the county seat to Lincoln. Logan County retained Lincoln and submitted evidence to prove that the General Assembly amended its journals to show the bill had been read three times. The court dissolved the injunction and dismissed the bill. Turley appealed the judgment to the Illinois Supreme Court. Lincoln continued to represent Logan County in the appeal. The court affirmed the judgment. Justice Scates ruled that the legislature had the power to amend its journals to show the true facts when the truth had been omitted.
Ward v. Young & Emonds
September of 1857 and January of 1859
Young, Edmonds, and Reim gave Alfred Ward and his wife Charity Ward a promissory note for $250. Charity Ward, without her husband, sued to collect the debt. The defendants pleaded the general issue and two special pleas, one denying that Charity Ward was Alfred Ward's wife, and the second claiming that Charity Ward had fraudulently obtained the note. The court sustained the demurrers to the special pleas, ruled for Charity Ward, and awarded $290.39. The defendants appealed to the Illinois Supreme Court, and Young represented the defendants. Young argued that the defendants should have won the case because the law considered a husband and a wife as one person. The case should have been brought in the husband's name or jointly. The Supreme Court affirmed the judgment, and Justice Walker stated that Young's failure to plead the husband and wife issue in the circuit court barred him from making the argument in the supreme court. On the claim of fraud, Justice Walker ruled that the court had correctly dismissed the plea because the Wards were innocent of any possible fraud. Lincoln and Herndon represented Charity Ward in the appeal before the Illinois Supreme Court (Young et al. v. Ward).
People v. Musick et al
March of 1860
The state's attorney indicted Musick and others for sending a threatening letter. Lincoln wrote the indictment for state's attorney Lamon and convinced Lamon that it was unnecessary to detail the threat in the indictment. Musick motioned to quash the indictment because of the lack of detail. Lamon wrote Lincoln in March 1860 regarding the motion to quash, "Quashing an indct [sic] written by a prominent candidate for the Presidency of the U. S. by a little court like 'Col' [David] Davis' will not sound well in history." Lincoln replied, if "the indictment shall be quashed, it will only prove that my forte is as a Statesman, rather than as a Prossecutor [sic]." The court quashed the indictment. I guess Lincoln got his answer.
Alvis v. Randolph et al
April of 1866
In 1852, Young sold 240 acres of land to Alvis. Alvis failed to record the sale, and Young sold the same land to a third party. Alvis sued Young and Morris, of New York City, who also had an interest in the land, to foreclose the third party's mortgage. The court continued the case for several years because the parties could not agree on the value of the land, and Alvis resisted the assessment made by court-appointed appraisers. Young died in 1863, and Alvis revived the foreclosure case against Randolph, Young's administrator, and Young's heirs. In 1866, the court granted the foreclosure and ordered the defendants to pay $2,400, the assessed value of the land. They failed to pay, and the court sold the land to Alvis for $2,532.30. Lincoln represented the defendants until his election as President in 1860. Only becoming President would keep Lincoln from attending to matters of the Eighth Judicial. The only other time Lincoln was lax was when he was busy chasing Douglas around the state of Illinois. This particular court case was not even resolved until nearly a year after Lincoln's death.
Cases From Macon County
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Ogden v. Ogden
November of 1851
Sarah Ogden retained Lincoln and sued Jonathan Ogden for divorce on the grounds of abuse and desertion. Jonathan Ogden answered that Sarah Ogden abused him and that she was difficult to live with. She claimed that he owned a large amount of real and personal property, which he tried to convey to relatives to reduce his alimony. The jury granted Sarah's divorce and awarded her, in lieu of alimony, bedding and $400. Jonathan received custody of the children.
People v. Sullivan
October and December of 1853
The state's attorney indicted Sullivan in several cases for selling liquor in quantities of less than one quart without a license. The state's attorney and Sullivan agreed that the state would dismiss all of the indictments except four to which Sullivan would plead guilty. They also left one indictment for trial to determine the practical consequences of the 1853 repeal of the 1851 repeal of a section of the 1845 criminal code regarding the sale of liquor. The jury found Sullivan guilty of violating the criminal code and fined him $10. Sullivan retained Lincoln and appealed to the Illinois Supreme Court. Lincoln argued that the 1845 criminal law was no longer in force and that a tavern keeper could sell liquor without a license. The Supreme Court, however, affirmed the lower court's judgment. In his opinion for the court, Chief Justice Treat wrote that although the repeal of a repeal did not revive the prior law, the General Assembly intended to revive the law as it stood in 1845 and did so in 1853 by explicitly reenacting the relevant portions of prior statutes.
Overholt & Squier v. Christian County, Illinois
June and December of 1856
Overholt and Squier contracted with three judges from Christian County, Illinois, to construct a courthouse. The $15,000 contract was to be paid in installments upon completion of specific projects. Overholt completed the foundation, but Judge Vandeveer refused to pay because the job failed to meet agreed specifications. Overholt and Squier halted construction and sued in the Christian County Circuit Court to recover the anticipated profits. The court granted a change of venue to the Macon County Circuit Court. The jury found for Overholt and Squier and awarded $657.87. The Christian County officials, who had retained Lincoln, appealed to the Illinois Supreme Court, which reversed and remanded the appeal. The court ruled that Overholt and Squier could not sue for anticipated profits unless they were prevented from completing construction, which did not happen. Lincoln received a $50 fee for his work in the trial and the appeal.
Cases From Mason County
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Edwards et ux. v. Patterson et ux
June of 1844 and December of 1845
Ambrose Edwards and his wife, Tabitha Ann Edwards, sued William Patterson and his wife, Maria Patterson, in an action of slander and requested $2,000 in damages. Maria Patterson allegedly stated within the community that "Mrs. Edwards has raised a family of children by a negro, and I can prove it." The Edwardses charged that the words spoken implied fornication and adultery, which were deemed slanderous by statute. The jury found for the Edwardses and awarded $220. The court denied the Pattersons a new trial, and the Pattersons appealed to the Illinois Supreme Court, where they argued that the pleadings and evidence were insufficient to sustain the action (Patterson et ux. v. Edwards et ux.).
Lincoln, representing the Edwardses in the appeal, conceded that if the words in the declaration were not specifically slanderous, the innuendo would not make them so. However, Lincoln urged the court to regard the words spoken in the sense that the community understood them, which reflected the local fear of and hostility to miscegenation. The Supreme Court rejected Lincoln's argument and reversed and remanded the judgment. Justice Koerner stated that the Illinois law of slander was less strict than the English law, but the trial level pleadings for the Edwardses had been poorly prepared. Koerner concluded that the declaration was defective in that the charge of raising a family of children by a negro did not necessarily prove fornication or adultery but that using "introductory averments sufficient of the condition and domestic relations of the party complaining" could have made the words spoken slanderous. There is no surviving record of the case after it returned to the circuit court.
Ritter v. Howell et al
May of 1845
Howell wanted to build a mill dam on the Quiver River. Ritter owned land two miles downstream and objected to its construction. Howell promised to pay Ritter $5 per flooded acre. Ritter acquiesced, and Howell built the dam, which caused flooding on thirty acres of Ritter's land. Howell failed to pay Ritter $150, and Ritter sued in an action of trespass on the case on promises seeking $300. Howell retained Lincoln and argued that Ritter accepted lumber as compensation. The jury found for Ritter and awarded $168 in damages.
Walker v. Walker
May of 1853
Martha Walker sued James Walker in the Mason County Circuit Court for a divorce with alimony on the grounds of adultery. Martha claimed that James ruined her reputation by charging her with adultery, when he had plotted an elaborate scheme to frame her for the charge. The court granted Martha's request for an injunction enjoining him from conveying any property. James Walker retained Herndon. The court granted a change of venue to the Fulton County Circuit Court, where Martha dismissed the case. She then reinstituted the case in the Menard County Circuit Court.
Cases From McLean County
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Harkness et al. v. Davis
September of 1843 and December of 1844
In 1822, Harkness died leaving a widow and two children. Harkness's will bestowed $1,000 to the children. Harkness's widow married Haines, who raised the family until he died. Haines's estate did not have sufficient funds to pay all of the claims against it. Harkness's heirs retained Logan and Lincoln and sued to collect their $1,000 and to have the court give their claim priority over those of creditors. The court ruled for the children and awarded $1,292.50. Davis, the administrator of Haines's estate, appealed to the Illinois Supreme Court, and Lincoln continued to represent Harkness's children. Davis claimed that the court erred in refusing to make allowance for the children's maintenance and in prioritizing their claim above those of creditors. The Supreme Court (Davis v. Harkness et al.) affirmed the lower court's judgment, ruling that Haines, though not appointed, acted as the children's guardian. Under the statute of wills, the administrator was to pay the assets that the deceased received as guardian before allowing creditors' claims. This is most interesting because the Davis mentioned is none other than David Davis arguing against his long-time friend Abraham Lincoln.
Perry & Fell v. Price et al
April of 1845 and December of 1846
In 1838, Nathan Low obtained a $220.81 judgment against Jesse W. Fell. After Fell failed to pay, the court sold two tracts of land near Bloomington, Illinois, to satisfy the judgment. John Low, as agent for his father Nathan Low, bought the tracts of land and received a certificate of purchase in his own name. Before the redemption period expired, Jesse W. Fell wished to extend it and arranged with Nathan Low to do so. Jesse W. Fell agreed to convey an additional tract of land to Nathan Low as security for the additional time. Jesse W. Fell failed to pay the money for the redemption, and Nathan Low sold two tracts of land to Perry. Perry sold the tracts to Jesse Fell Sr., Jesse W. Fell's father.
Price obtained a judgment for $513.97 against Jesse W. Fell, and the court sold the same two tracts of land to satisfy the judgment. Jesse Fell Sr. and Perry sued Price and John Low for an injunction to stop the transfer of the land to Price. The court ordered Jesse Fell Sr. and Perry to pay Price $100 and made the injunction perpetual with payment of the $100. Jesse Fell Sr. and Perry retained Lincoln and appealed the judgment to the Illinois Supreme Court. The court reversed the judgment (Fell et al. v. Price et al.), ruling that the injunction should have been made perpetual without the $100 consideration. Furthermore, the land belonged to Nathan Low, whose judgment preceded Price's, if he obtained a sheriff's deed. Price acquired no rights to the land by the judgment in his favor.
Florville v. Allin et al
September of 1853
Allin, Gridley, and Prickett laid off an addition to Bloomington. Prickett agreed to give Florville, an African-American barber, four lots in exchange for shaving him during his lifetime. "Billy the barber" failed to record his deed and lost it. Florville retained Lincoln and sued Allin, Gridley, and Prickett's estate for conveyance. Allin and others failed to appear, and the court ordered the defendants to convey the deed. Lincoln paid the costs in the suit, except the Sangamon County sheriff's fees, for Florville. "Billy the Barber" was Lincoln's own barber and friend. He was responsible for Lincoln's last haircut before leaving for Washington in 1861.
People v. Wyant
April of 1857
Rusk shot Wyant during a feud over boundary lines separating their property. Wyant recovered but lost an arm. Fearing Rusk would kill him, Wyant then shot Rusk four times, killing him. The state's attorney indicted Wyant in the De Witt County Circuit Court for murder. Wyant requested and received a change of venue to the McLean County Circuit Court. Wyant's attorneys pleaded that Wyant was not guilty by reason of insanity and claimed that the chloroform given during the amputation of his arm made Wyant insane. Many doctors testified for each side, and the jury found Wyant not guilty by reason of insanity. The court ordered Wyant to be admitted to the state mental hospital. Lincoln assisted the state's attorney in the prosecution. This case was one of the first in which the defense relied upon the insanity plea and is quite possibly one of the first in the nation.
Fleming v. Rogers & Crothers
March of 1858
Fleming suffered two broken legs during a fire in Bloomington. Doctors Rogers and Crothers saved the legs, but the right leg healed crooked and shorter than the left. Fleming agreed to allow Rogers and Crothers to reset the right leg, but he could not endure the pain and stopped the doctors before they finished the procedure. Several months later, Fleming sued Rogers and Crothers in the first malpractice suit in the McLean County Circuit Court. Fleming charged that the doctors failed to use due and proper care and presented the testimony of fifteen doctors and twenty-one other witnesses to support his case. Lincoln, representing Rogers and Crothers, examined the remaining twelve doctors in Bloomington.
In his summation before the jury, Lincoln emphasized the difference in pliability between young and old bones by demonstrating the brittle condition of bones from old chickens. Lincoln concluded that the normal procedure with injuries as severe as Fleming's was amputation and that Fleming was fortunate that the doctors saved the leg. The jury failed to reach a verdict, and the court transferred the case to the Logan County Circuit Court, which later dismissed the case after the parties reached a settlement. This case has become remembered as "Chicken Bone Trial."
Cases From Menard County
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People ex rel. Davidson v. Bennett
June of 1844
The state's attorney indicted Bennett on the complaint of Davidson for bastardy. The jury found Bennett guilty and ordered him to pay $40 annual maintenance for the child for seven years from the child's birth on November 6, 1843. Lincoln represented Bennett in this case and another case involving a bastardy bond (Wright for use of Davidson v. Bennett and Bennett). This case involves sexual relations and the maintenance of illegitimate children.
Wright for use of Davidson v. Bennett & Bennett : Part 1
June and December of 1845
The Menard County Circuit Court convicted Richard Bennett of fathering Jane Davidson's illegitimate child and ordered him to pay child support of $40 annually for seven years (People ex rel. Davidson v. Bennett). Acting under the provisions of the 1827 statute for the maintenance of illegitimate children, Bennett filed a $500 bond with Wright, the Probate JP, and demanded custody of the child. John Bennett served as security on the bond. Davidson refused to give Richard Bennett custody of the child, and Bennett and Bennett gave Davidson $3.55, the amount due on the bond. Wright, for the use of Davidson, sued Bennett and Bennett in an action of debt for breaching the bond and demanded payment of $500, the full amount of the bond. Bennett and Bennett retained Lincoln.
Wright demurred to Bennett and Bennett's plea, but the court overruled the demurrer and barred Wright from maintaining his action. Wright appealed to the Illinois Supreme Court on the grounds that the court erred in overruling the demurrer. Wright also claimed that Bennett had to pay a second bond before receiving custody of the child.
Wright for use of Davidson v. Bennett & Bennett : Part 2
June and December of 1845
Lincoln, representing Bennett and Bennett in the appeal, argued that the statute required only one bond. The Supreme Court agreed with Lincoln and affirmed the judgment. Believing that the mother could better care for the child, Justice Purple regretted that "upon a careful and attentive consideration of the law," he could "find nothing in its various provisions" to warrant a second bond. If Bennett would "have the inhumanity, in its helpless and dependent infancy, to demand" the child from the mother and she refused, he would have no further obligation for the child's support. Purple noted that the common law did not entitle the father to the custody of an illegitimate child but that the statute did provide that option. Purple insisted that Bennett understand that by implementing the statute, he became responsible for the child's maintenance throughout its minority, rather than just for seven years as the bond stipulated, when Bennett might "be at liberty to thrust it forth upon the world's charity, friendless and unprotected."
People v. Parker
June of 1846
The state's attorney indicted Parker for manslaughter in the beating death of Purse. Parker beat Purse on the head with a four-foot clapboard. Parker retained Lincoln and pleaded not guilty, but the jury found him guilty. Because Parker was under the age of eighteen, the court sentenced him to sixty days in the county jail. Governor Ford later pardoned him.
Batterton et al. v. Yocum
October and December of 1855
David Batterton owned approximately 480 acres of land. He died and left in his will the estate as a life interest to his wife, Nancy Batterton, as long as she did not remarry. Nancy Batterton, who was also the executrix of David Batterton's will, petitioned the circuit court to sell enough of the land to pay the estate's debts. The court granted the sale, and Yocum purchased 160 acres for $380. Yocum also served as auctioneer at the public sale. Batterton's other heirs sued Yocum to eject him from the land. The circuit court ruled for Yocum, and the heirs appealed to the Illinois Supreme Court. The Supreme Court affirmed the judgment, ruling that as long as the widow lived and remained unmarried, the heirs held no claim on the estate and could not sue. The heirs retained Herndon for the circuit court case, and Lincoln and Herndon argued the appeal before the Supreme Court. This case involved the rights of women as litigants and inheritors.
Cases From Moultrie County
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Thornton v. Nichols et al
November of 1849
Prentice purchased three lots in Sullivan, Illinois, from Spore and Cleaveland for at least $325. Prentice purchased the property with Thornton's money for Thornton's benefit, but Prentice died before conveying the deeds to Thornton. Thornton sued Nichols, the administrator of Prentice's estate, and Prentice's heirs to compel them to convey the deeds. Nichols defaulted, and the court ordered Nichols to make and deliver the deeds to Thornton within thirty days. Nichols and the heirs retained Lincoln and Herndon and appealed to the Illinois Supreme Court on the grounds that the court rendered the decree without written evidence of the trust. The supreme court affirmed the judgment. Justice Scates stated that one person's purchase of property with another person's money created a resultant trust, and oral proof was sufficient to prove ownership of the money. Scates ruled that the "facts necessary to sustain this decree are recited in the decree itself, setting forth the proofs, though the evidence is not preserved at large in the record."
People v. Crockett
November of 1852
The state's attorney indicted John Crockett for murder, and Crockett retained Lincoln. The jury found Crockett guilty of manslaughter and sentenced him to two years in the Alton Penitentiary. After the sentencing, Crockett's father, Elliott Crockett, campaigned to have his son pardoned because John Crockett was feeble-minded. Judge David Davis, state's attorney David Campbell, Lincoln, other attorneys, jurors, county officials from three counties, and residents all joined in the petition to pardon Crockett. Elliott Crockett gave Lincoln a promissory note for his legal services but died before paying the note. Lincoln sued Elliott Crockett's estate for payment in the Shelby County Court. Elliott Crockett was the nephew of frontiersman Davy Crockett.
Waggoner, conservator of Waggoner v. Lilly
September of 1859
In 1851, Elisha Waggoner sold eighty acres of land to Lilly for $120. In 1858, the court declared Waggoner insane and appointed his brother, George Waggoner, as conservator. George Waggoner, as conservator of Elisha Waggoner, then sued Lilly to set aside the conveyance on the grounds that Elisha Waggoner was insane at the time of the sale. Witnesses testified that Elisha Waggoner had been insane since suffering a severe illness in 1849. The court ruled that Elisha Waggoner was insane, voided the conveyance, and refunded Lilly's money with interest. Lilly appealed to the Illinois Supreme Court, which reversed the decree and dismissed the bill from further consideration.
Justice Walker stated that all persons of legal age are presumed to be sane and that the court must presume valid a deed executed several years before a court found the maker insane. Furthermore, Walker reasoned, "the law has never required the high order of reasoning powers that mark the gifted, or a large portion of the human family would be thus deprived of the legal capacity to transact their own business." The supreme court acknowledged that Elisha Waggoner was insane but found that he also experienced lucid intervals, including the time he entered into the agreement with Lilly. Prevailing law held that a contract was valid if a lunatic entered into it during a lucid period, and that evidence showing a party's insanity at the time of a deed's execution must be preponderant. Herndon represented Waggoner in the appeal in January of 1862.
Cases From Piatt County
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Ford V. Thorpe
February 1852 and May of 1853
Thorpe agreed for $25 to castrate Ford's bull and to insure that it would recover. The bull died, and Thorpe refused to pay the insurance claim. Ford sued in JP court to recover the money. The JP ruled for Ford and awarded $25. Thorpe retained Lincoln and appealed to the circuit court. Lincoln argued that the bull did not belong to Ford either before or after "his change of condition by which he ceased to be a bull." The jury found for Ford and awarded $20.
Thorpe v. Thorpe
October of 1853
Eliza Thorpe retained Lincoln and Herndon and sued Moses Thorpe in the Piatt County Circuit Court for divorce on the grounds of adultery. Moses Thorpe requested a change of venue, and the court granted a change to the Menard County Circuit Court. Eliza charged that Moses had committed adultery with Emily Cox and entered a letter from Cox as evidence. Moses denied the charge and complained that his ungrateful wife had verbally abused him and schemed to drive him to divorce to obtain a large property settlement. He argued that she should be denied alimony because of that scheme. He also claimed that the neighborhood shunned her because of her unchaste and inebriate behavior. Moses presented witnesses, including his son from a previous marriage, to substantiate his allegations. Lincoln and Herndon countered by producing several witnesses, including the Thorpes' physician, who testified to Eliza's chaste and sober character. The court sustained Moses Thorpe's motion to strike the case from the docket and dismissed the case. This was one of the cases Lincoln handled wherein a woman was a litigant, a practice that was relatively sparse in those days, but Lincoln handled quite a few.
People v. Hollingsworth
May of 1854
Hollingsworth asked Deborah Ater to care for his sick wife at his home while he was away. Jacob Ater insisted that Deborah Ater leave town with him, and when she refused, Jacob Ater assaulted her. Hollingsworth intervened, he and Jacob Ater began to fight, and Deborah Ater fled to another house. Hollingsworth again asked Deborah Ater to care for his wife, and as they were returning to Hollingsworth's house, Jacob Ater approached them "in a menacing attitude." Hollingsworth aimed a pistol at Ater and pulled the trigger, but the pistol did not fire. The state's attorney indicted Hollingsworth for assault with intent to commit bodily injury, and Hollingsworth retained Lincoln. The parties reached an agreement in which the state's attorney would cease prosecution and Hollingsworth would pay all costs, and the court dismissed the case. However, there were several cases that involved Hollingsworth, involving an assault and charges involving alcohol.
Cases From Sangamon County
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Klein v. Camp/ Abrams & Klein v. Camp
July of 1840 and December of 1841
Camp lost a card game and gave a promissory note to Abrams, who assigned it to Klein. Klein retained Logan and sued Camp to collect the note. The court ruled for Klein and awarded $191.43. Camp petitioned for an injunction setting aside the judgment on the grounds that the note had been given for a gaming debt, and the gaming statute voided all notes given in consideration of money won in play. The court granted the injunction, and Abrams and Klein appealed to the Illinois Supreme Court, which reversed the judgment. Justice Treat, who also presided as judge during the circuit court proceedings, relied on Logan and Lincoln's citation of English cases and reference to Story's Equity in his opinion for the court.
"The general rule in equity is," Treat wrote, "that it will not relieve against a judgment at law, on the ground of its being contrary to equity, unless the defendant in the action at law was ignorant of the facts constituting his defense, while the suit was pending, or they could not have been received as a defense at law."
Camp had a good defense if the note were truly for a gambling debt, but he failed to prove this allegation after Abrams refused to testify. Camp's only remedy was to appeal the common law judgment. Courts of equity were very reluctant to overturn judgments at law unless there was fraud or gross injustice. Lincoln joined Logan in representing Klein and Abrams in the appeal. What is noteworthy, aside from the conjunction of promissory notes used within the parameters of an illicit activity, was that Stephen A. Douglas represented the defendant in July of 1840, but by the time of the Supreme Court trial, he was sitting on the bench, hearing his previous client as a judge.
People v. Anderson & Anderson
November of 1856
Someone beat George Anderson with a club and possibly poisoned him with strychnine. Witnesses found him dead behind his house. The state's attorney indicted Jane Anderson, George Anderson's wife, and Theodore Anderson, George Anderson's nephew, for murder. Theodore Anderson retained Lincoln. Both Jane Anderson and Theodore Anderson pleaded not guilty. The jury found them not guilty.
People v. Bantzhouse
September of 1857
Bantzhouse operated a tavern in his home. During a struggle, Bantzhouse shot and killed Clark. The state's attorney indicted Bantzhouse in the Sangamon County Circuit Court for murder. Bantzhouse retained Lincoln and Herndon and requested a change of venue. The court granted a change of venue to the Macoupin County Circuit Court. Bantzhouse motioned to quash the indictment, and the court dismissed the case. Clark's brother attempted to reinstate the case, but Bantzhouse apparently fled the state.
People v. Harrison
August of 1859
Harrison and Crafton got into a fight in which Harrison pulled a knife and stabbed Crafton. Crafton died a few days later, and the state's attorney indicted Harrison for murder. Harrison retained Lincoln and Herndon and pleaded not guilty by reason of self-defense. Rev. Peter Cartwright, who lost to Lincoln in the 1846 Congressional election, testified that Crafton, on his death bed, took responsibility for the fight and forgave Harrison. The jury found Harrison not guilty.
Cases From Shelby County
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Ex parte Milikin
May of 1850
James Milikin retained Lincoln and petitioned the court to inquire whether his brother, John Milikin, was an idiot. John Milikin had a sizable estate, and James Milikin insisted that his brother was incapable of managing his affairs. James Milikin also petitioned the court to appoint him as conservator of the estate. The jury found John Milikin to be an idiot and appointed James Milikin as conservator.
Fancher v. Gollogher
May of 1850
Gollogher allegedly claimed that Fancher, a school teacher, falsely increased numbers on her school schedules in order to get more money from the township school fund. Gollogher also accused Fancher of fornication and of running away with a married man. Gollogher told others that Fancher's father should take her "back to Wisconsin to the bad house where he found her & then the sores on her neck would vanish away." Fancher sued Gollogher for slander and requested $1,000 in damages. Gollogher retained Lincoln and pleaded not guilty. The jury found Gollogher guilty regarding the statement about falsifying school schedules and not guilty regarding the statement about fornication. The jury assessed damages of $1,000. Fancher remitted the full amount but retained her right to court costs.
Mitchell et ux. v. Mitchell
May of 1852
James Mitchell allegedly called Missouri Mitchell, the wife of Elijah Mitchell, "a base whore," and claimed that the Nances had sexual relations with her. James Mitchell also allegedly claimed that Missouri Mitchell was a "nasty, stinking strumpet" and that Sam Sworden "got her with child at last and I hope to God Almighty she might have four." Elijah Mitchell and Missouri Mitchell sued James Mitchell in an action of slander and requested $500 in damages. James Mitchell retained Lincoln and pleaded not guilty. The jury found for Elijah Mitchell and Missouri Mitchell and awarded damages of $500, of which the Mitchells remitted $400.
Alderson v. Noland et al
November of 1852
In April 1852, Noland and eleven others assaulted and tied up Alderson because they believed that he was conspiring to help a man, who had been charged with larceny, to escape from custody. Alderson sued Noland and others in an action of trespass vi et armis and requested $1,000 in damages. Noland and others retained Lincoln and pleaded not guilty. The defendants informed the court that they believed that Alderson was unable to pay the costs of the suit and that the court should require him to file a bond for costs. Alderson petitioned to sue as a poor person, but apparently the court did not agree with Alderson's claim of poverty. The court dismissed the case because Alderson failed to provide security for costs.
Terre Haute & Alton RR v. Earp
October of 1856
Earp subscribed for ten shares of stock at $50 per share in the Terre Haute and Alton Railroad. Earp failed to pay, and the railroad sued him in an action of assumpsit and requested $500 in damages. Earp retained Lincoln and argued that since the railroad extended the road to Illinoistown, Illinois, it failed in its original agreement, which was to run the road from Terre Haute, Indiana, to Alton, Illinois. The court ruled for Earp. The railroad appealed the judgment to the Illinois Supreme Court. Earp continued to employ Lincoln as his attorney. The supreme court reversed and remanded the case. Justice Caton ruled that prior judgments had settled the principles in this case.
If Alton and Sangamon RR v. Barrett and other decisions had not shown the reasoning for the rule of law, Caton wrote, then "we despair of doing so now." Justice Walker dissented. He argued that the change in terminus was a fundamental change and should release Earp from paying his stock subscription. When the case returned to the Shelby County Circuit Court, the parties reached a settlement, and the railroad dismissed the case. This case is most interesting because there were 16 other citizens of Shelby County who were charged as such and Lincoln represented them all. This was the case that went before the Illinois Supreme Court in January of 1859. It wasn't until a final push by the railroad in April of 1860, that they finally decided to settle out of court.
Cases From Tazewell County
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Field v. Averill & Lowell
September of 1841 and December of 1842
Averill and Lowell purchased parts of several lots in Pekin, Illinois, from Field and gave a $300 promissory note as payment. The parties agreed that Averill and Lowell would sell the lots and pay one-half of the purchase price toward their debt on the note. After Averill and Lowell failed to pay the note in full by the due date, Field sued in an action of assumpsit. Averill and Lowell retained Logan and Lincoln. The circuit court ruled for Field and awarded $364.50. Averill and Lowell continued to employ Logan and Lincoln and appealed to the Illinois Supreme Court. Lincoln based his argument on his earlier supreme court case, Bailey v. Cromwell and McNaughton, that two instruments (the note and the agreement to pay through sales) executed together on the same contract, should be considered together. The supreme court accepted that argument but rejected Averill and Lowell's contention that the note, regardless of due date, would be paid through land sales. The justices stated that that condition should have been written into the contract rather than inferred. Thus, regardless of the stipulated condition, the note should have been paid on the due date. The Supreme Court affirmed the lower court judgment, though it accepted Lincoln's precedent regarding the interpretation of the two instruments. Lincoln wrote the assignment of error to the Supreme Court (Averill & Lowell v. Field).
Wilson v. Alexander
September of 1841 and 1844 and December of 1842
Alexander gave Samuel Wilson a promissory note for $400, but failed to pay the whole amount. Wilson died, and James Wilson, the administrator of Samuel Wilson's estate, retained Logan and Lincoln and sued Alexander in an action of assumpsit to collect the balance of the note. Alexander pleaded that he had paid the note in full. James Wilson declared that one $150 note that Alexander used as payment was a forgery. Samuel Wilson purportedly executed the note to Kreider, who assigned it to Allen, who assigned it to Alexander, who assigned it to its author, Samuel Wilson. James Wilson proved the note was a forgery, although Alexander claimed he had no knowledge that it was forged at the time of the transfer.
The judge instructed the jury to find for Alexander if they believed that Alexander did not know the note was forged when he gave it to James Wilson. The jury found for Alexander. Wilson continued to employ Logan and Lincoln and appealed to the Illinois Supreme Court on the grounds that the jury received improper instructions. The court reversed and remanded the case. Justice Treat, agreeing with Lincoln's argument, ruled that Wilson had received a forged note and had not received compensation. As a result, Wilson had a right to sue for the balance of the $400 promissory note. When the case returned to the Tazewell County Circuit Court, the jury found for Wilson and awarded $195 in damages. Alexander asked for and received a new trial, but the second jury also found for Wilson and awarded $195 in damages.
People v. Wright et al
April of 1850
Wright and two others opened a lard factory in Tremont, and apparently, it was offensive to the public. The state's attorney indicted Wright and the others for running an unwholesome business. They retained Lincoln and pleaded the statute of limitations. They argued that the business had not been established, nor was it offensive, for at least eighteen months prior to the indictment. A jury found the defendants guilty, and the court fined them $10 each.
People v. Sickler et al
May of 1854
Sickler and twenty-six others destroyed the contents of Sylvester Pearl's and Frederick Pearl's grocery, including liquor. The state's attorney indicted Sickler and others for riot. Sickler and others retained Lincoln. The jury found seven defendants guilty and fined each of them $9, and found ten defendants not guilty. The state's attorney decided not to prosecute the remaining defendants. Lincoln received $25 for his legal services for this case and the civil suit involving the destruction of Pearl and Pearl's grocery (Pearl & Pearl v. Graham et al.).
Cases From Vermilion County
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People v. Furrow & Rice
October of 1852
Furrow and Rice stole Deck's horse. The state's attorney indicted Furrow and Rice for larceny, and Furrow and Rice retained Lincoln and pleaded not guilty. The jury found Furrow and Rice guilty and sentenced them to one year in the penitentiary. Furrow and Rice motioned for a new trial because one of the jurors was mentally incompetent, but the court denied the motion. Someone notified Judge Davis that a witness who had testified that he was an accomplice in the larceny had recanted. The witness claimed that two men threatened his life and coerced him into implicating Furrow and Rice. Judge Davis, State's Attorney Campbell, and one of the defendants' attorneys wrote to Governor French and asked him to pardon Furrow and Rice based on the new evidence. The jurors and hundreds of citizens of Vermilion County signed petitions for Furrow and Rice's release. Although Lincoln did not sign the petition for pardon, he and State's Attorney Campbell were to present the petitions to the governor and "state the facts as to the conviction." Whether Governor French pardoned Furrow and Rice is unknown.
Carter & Knight for use of Armstrong v. Mattoon & Knight
May of 1854
Washington Carter died without a will, and the court appointed Susan Carter and Eliphalet Knight as the administrators of Washington Carter's estate. In 1852, the firm of Mattoon and Knight gave the estate a promissory note for $119.15. The court appointed Thomas Armstrong as the administrator of the portion of Washington Carter's estate left unadministered by Carter and Knight. Carter and Knight, for the use of Armstrong, sued Mattoon and Eliphalet Knight to collect the promissory note. Lincoln represented the defendants. Carter and Knight did not pursue the case against Eliphalet Knight but maintained the suit against Mattoon. Mattoon defaulted, and the court ruled for Carter and Knight and awarded $123.44. This case featured not only a woman as a property bearer but involved the same as a litigant.
Cooley et al. v. Crane & Harmon
April of 1858
Crane and Harmon gave Cooley, Wadsworth, and Farwell a promissory note for $676.73 for goods that they purchased. Harmon agreed to sign the note as Crane's security after Cooley requested payment, Crane refused, and the authorities arrested Crane for obtaining goods under false pretenses. Cooley, Wadsworth, and Farwell then sued Crane and Harmon in an action of assumpsit for failing to pay the note. Crane retained Lincoln and pleaded that he had been coerced and that Cooley, Wadsworth, and Farwell obtained the note by an illegal consideration. The court ruled for Cooley, Wadsworth, and Farwell, and awarded $779.73. Crane and Harmon appealed to the Illinois Supreme Court. Lincoln may have handled the appeal, but Crane and Harmon failed to file their record of appeal in time, and the Supreme Court ordered the circuit court to execute the judgment and dismissed the appeal.
Cases From Woodford County
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Davidson v. McGhilton
April of 1852
McGhilton claimed that Davidson had committed "the infamous crime against nature," bestiality, with a dog. Davidson retained Lincoln and sued McGhilton in an action of slander seeking $2,000 in damages. McGhilton defaulted, and the court ruled for Davidson and ordered a writ of inquiry. The jury awarded Davidson $2,000 in damages.
People v. Thompson
April of 1856
Thompson shot Morgan in the neck with a shotgun, and Morgan died two weeks later The state's attorney indicted Thompson for murder. Thompson retained Lincoln and pleaded not guilty. The jury found Thompson guilty of manslaughter and sentenced him to the Alton Penitentiary for eight years. Two years after sentencing, residents of Woodford County petitioned the governor for clemency, and Lincoln supported the petition. The governor pardoned Thompson a few days later.
Saltonstall v. Saltonstall et al
March of 1857
Guerdon Saltonstall died in Missouri leaving a widow and several children. At the time of his death, Guerdon owned nearly 3,100 acres and four town lots in three different counties. Guerdon's will stipulated that Sarah Saltonstall, his widow, would receive one fourth of the land, and each of the children would receive one fifteenth. Sarah petitioned the Woodford County Circuit Court to partition the lands according to the will. The Saltonstall children failed to appear, and the court appointed commissioners to partition the land according to Guerdon's will. Lincoln represented the Saltonstall children. The court ordered the defendants to pay Fuller, Sarah Saltonstall's attorney, his $250 legal fee.
Samuel Saltonstall, one of the defendants, retained Lincoln, and complained that they should not have to pay Fuller's legal fee since none of the defendants engaged him. Fuller responded that he deserved the full $250 because he performed a lot of extra work that benefited both the plaintiff and the defendants. The case continued for several years before the court had it stricken from the docket. Saltonstall and Fuller could not agree on the legal fees and submitted the matter to Lincoln. Lincoln's decision as arbitrator is unknown, but he did receive $15 for his arbitration services.
Jackson v. Whorrall
November of 1860
In England in 1850, Whorrall gave Jackson a promissory note for 100 pounds, a value of $485. Whorrall moved to Woodford County, apparently to escape creditors. Jackson discovered his whereabouts and sued Whorrall in an action of assumpsit seeking $1,000. Whorrall retained Lincoln and argued that he had paid the note in full and submitted a receipt demonstrating that fact. Jackson testified that the signature on the receipt was not his own, and he supplied depositions from England supporting his claim. However, the Woodford County Circuit Court suppressed the depositions. Lincoln transferred the case to Grove, a local attorney, when the General Assembly removed Woodford County from the eighth circuit. After several years of continuances, the parties reached an agreement, and the court dismissed the case.
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