Page:The Green Bag (1889–1914), Volume 20.pdf/127

 THE GREEN BAG

A NEW LIGHT ON LINCOLN AS AN ADVOCATE EDITED BY ALLEN IN the city of San Diego, California, there lives to-day one, W. H. Somersi who, several years following 1856, was clerk of the circuit court of Champaign County, Illinois, — before which tribunal Abraham Lincoln frequently appeared as an advocate and counsel, and even, occa sionally, sat on the Bench for Judge Davis, the presiding judge of the court. In his capacity as clerk Mr. Somers came to know the great Lincoln quite intimately, and hence his reminiscences have more than a passing interest. In telling of his memories of the emancipator, Mr. Somers says: "I remember Lincoln as a tall, broadshouldered man, slightly stooping, with a rather angular or sharp face, which had a most genial, kindly expression, and, though not handsome, was attractive and prepos sessing — a face, once seen, never to be forgotten. Mr. Lincoln was a very affable man, always having a pleasant word for every one. I shall never forget the time nor his kjndly act when, sitting at my desk in the capacity of clerk of the court, on opening day, with judge and lawyers taking their accustomed places preparatory to commencing the day's business, he approached me with extended hand, and, grasping mine cordially, in a few pleasant words congratulated me on my election. "I was a young man then and, having previously been known personally to Mr. Lincoln but slightly • in my capacity as deputy in the same court, I was not a little surprised at this recognition among so many acquaintances, there being at the tjme about two score attorneys in attend ance. Considering that his life was a busy one during those days, his law practice being large and lucrative, this little act of courtesy was a key to his great popularity with all classes of people — he always had time to be friendlv.

HENRY WRIGHT "Right here I want to disprove the silly charge made against him by his enemies, in those days, to the effect that he was only a second or third-rate lawyer — a charge that sufficed to create in the public mind, during his first candidacy for the presi dency, the impression that such was the fact. Nothing was further from the truth. Among the members of his profession there were several profound lawyers and jurists, including Judge David Davis, afterwards an associate justice of the Supreme Court of the United States, and the uniform verdict of these men was that Mr. Lincoln occupied, and pre-eminently so, the leading position at the bar in that circuit, if not in the entire state of Illinois. ' ' Anyone who ever heard his masterly and logical arguments before court or jury will, I am sure, concur with me in the state ment that no counsel more able or advocate more eloquent ever espoused a just cause. On the wrong side of a case, it is true he was weak, because he could not be forci ble if he believed himself in the wrong — his head and his heart must go together. His love of justice and fair play was his predominant trait. It was not in his nature to assume, or attempt to bolster up, a false position. He would abandon his case first. "In a case tried in my own county, after he had heard the evidence, he said to his associate: 'The man is guilty. You defend him. I cannot.' A large fee was won, but he would not take a cent. In trying a case before a jury his methods were peculiar. First, he would make as strong a showing as he could for the oppo site side, seeming to be giving away his case, so much so as frequently to frighten his client, but, later, turning to his own side, he would utterly demolish his previous arguments and thus ruthlessly knock down the 'cob-house' so carefully constructed