divorce. His client was a pretty, refined, and interesting little woman, and in court. The defendant, her husband, was a gross, morose, querulous, faultfinding, and uncomfortable man, and entirely unfitted for the husband of such a woman; but although he was able to prove the use of very offensive and vulgar epithets applied by the husband to his wife, and all sorts of annoyances, yet there were no such acts of personal violence as were required by the statute to justify a divorce. Lincoln did the best he could, and appealed to the jury to have compassion on the woman, and not to bind her to such a man and such a life as awaited her if required to live longer with him. The jury took about the same view of it in their deliberations. They desired to find for his fair client, but could discover no evidence which would really justify a verdict for her. At last they drew up a verdict for the defendant, and all signed but one fellow, who on being approached with the verdict said, coolly: 'Gentlemen, I am going to lie down to sleep, and when you get ready to give a verdict for that little woman, then wake me and not until then; for before I will give a verdict against her I will lie here till I rot and the pismires carry me out through the key-hole.' 'Now,' observed Lincoln, if that juryman will stick like the man in Tazewell county we are safe.' Strange to relate, the jury did come in, and with a verdict for the defendant. Lincoln always regarded this as one of the gratifying triumphs of his professional life.”

CHAPTER XI.

A LAW office is a dull, dry place so far as pleasurable or interesting incidents are concerned. If one is in search of stories of fraud, deceit, cruelty, broken promises, blasted homes, there is no better place to learn them than a law office. But to the majority of persons these painful recitals are anything but attractive, and it is well perhaps that it should be so. In the office, as in the court room, Lincoln, when discussing any point, was never arbitrary or insinuating. He was deferential, cool, patient, and respectful. When he reached the office, about nine o'clock in the morning, the first thing he did was to pick up a newspaper, spread himself out on an old sofa, one leg on a chair, and read aloud, much to my discomfort. Singularly enough Lincoln never read any other way but aloud. This habit used to annoy me almost beyond the point of endurance. I once asked him why he did so. This was his explanation: "When I read aloud two senses catch the idea: first, I see what I read; second, I hear it, and therefore I can remember it better." He never studied law books unless a case was on hand for consideration-never followed up the decisions of the supreme courts, as other lawyers did. It seemed as if he depended for 332

his effectiveness in managing a lawsuit entirely on the stimulus and inspiration of the final hour. He paid but little attention to the fees and money matters of the firm-usually leaving all such to me. He never entered an item in the account book. If any one paid money to him which belonged to the firm, on arriving at the office he divided it with me. If I was not there, he would wrap up my share in a piece of paper and place it in my drawer-marking it with a pencil, "Case of Roe vs. Doe.-Herndon's half."

On many topics he was not a good conversationalist, because he felt that he was not learned enough. Neither was he a good listener. Putting it a little strongly, he was often not even polite. If present with others, or participating in a conversation, he was rather abrupt, and in his anxiety to say something apt or to illustrate the subject under discussion, would burst in with a story. In our office I have known him to consume the whole forenoon relating stories. If a man came to see him for the purpose of finding out something which he Idid not care to let him know and at the same time did not want to refuse him, he was very adroit. In such cases Lincoln would do most of the talking, swinging around what he suspected was the vital point, but never nearing it, interlarding his answers with a seemingly endless supply of stories and jokes. The interview being both interesting and pleasant, the man would depart in good humor, believing he had accomplished his mission. After he had walked away a few squares and had cooled off, the

question would come up, "Well, what did I find out?" Blowing away the froth of Lincoln's humorous narratives he would find nothing substantial left.

"As he entered the trial," relates one of his colleagues at the bar,* "where most lawyers would object he would say he 'reckoned' it would be fair to let this in, or that; and sometimes, when his adversary could not quite prove what Lincoln knew to be the truth, he 'reckoned' it would be fair to admit the truth to be so-and-so. When he did object to the court, and when he heard his objections answered, he would often say, 'Well, I reckon I must be wrong.' Now, about the time he had practised this three-fourths through the case, if his adversary didn't understand him, he would wake up in a few minutes learning that he had feared the Greeks too late, and find himself beaten. He was wise as a serpent in the trial of a cause, but I have had too many scares from his blows to certify that he was harmless as a dove. When the whole thing was unravelled, the adversary would begin to see that what he was so blandly giving away was simply what he couldn't get and keep. By giving away six points and carrying the seventh he carried his case, and the whole case hanging on the seventh, he traded away everything which would give him the least aid in carrying that. Any man who took Lincoln for a simple-minded man would very soon wake up with his back in a ditch."

*Leonard Swett.

In

Lincoln's restless ambition found its gratification only in the field of politics. He used the law merely as a stepping-stone to what he considered a more attractive condition in the political world. the allurements held out by the latter he seemed to be happy. Nothing in Lincoln's life has provoked more discussion than the question of his ability as a lawyer. I feel warranted in saying that he was at the same time a very great and a very insignificant lawyer. Judge David Davis, in his eulogy on Lincoln at Indianapolis, delivered at the meeting of the bar there in May, 1865, said this: "In all the elements that constituted a lawyer he had few equals. He was great at nisi prius and before an appellate tribunal. He seized the strong points of a cause and presented them with clearness and great compactness. His mind was logical and direct, and he did not indulge in extraneous discussion. Generalities and platitudes had no charm for him. An unfailing vein of humor never deserted him, and he was able to claim the attention of court and jury when the cause was most uninteresting by the appropriateness of his anecdotes. His power of comparison was large, and he rarely failed in a legal discussion to use that mode of reasoning. The framework of his mental and moral being was honesty, and a wrong case was poorly defended by him. The ability which some eminent lawyers possess of explaining away the bad points of a cause by ingenious sophistry was denied him. In order to bring into full activity his great powers it was necessary that he should be convinced of the right and.