Bulletin. [Vol. 8, no. 1]

6

LINCOLN CENTENNIAL ASSOCIATION

6 LINCOLN CENTENNIAL ASSOCIATION

Court. He and Herndon handled these
for numerous clients, but they did a
particularly large amount of work for
S. C. Davis & Co. of St. Louis. Over
the five years Lincoln & Herndon
brought nineteen suits for these clients,
in all of which except two they obtained
judgments. The causes for action other
than assumpsit were mainly trespass and
ejectment. There were a few chancery
cases, mostly to foreclose mortgages.
Several individual cases have an interest. There is Bacon vs. The Ohio and
Mississippi Railroad Company-the line
that has since become the southern
branch of the Baltimore and Ohio in
Illinois. Among the papers in this suit
there is a lengthy declaration setting
iforth the defendant's debt of $312,133.35, and asking for this sum plus
$1,000 damages. While signed "W. H.
Herndon," the declaration, including the
signature, is entirely in Lincoln's handwriting. The order of the court, also in
Lincoln's handwriting, r e c i t e s that
"Abraham Lincoln, an attorney of this
court," entered the appearance of the
defendants and filed a power of attorney, "and thereupon confessed the indebtedness in the declaration mentioned,
to the amount of three hundred and
twelve thousand, one hundred and
thirty-three dollars and thirty-five cents,
and also costs of suit." Thus the matter
was disposed of entirely within the firm
of Lincoln and Herndon.
Then there is Ambos vs. Barrett, commenced in December, 1858, for the
collection of an indebtedness of $15,000.
Lincoln represented the plaintiff, really
the Columbus Machine Manufacturing
Company of Columbus, Ohio. On February 14, 1859, Lincoln collected $1,000
from Barrett and continued the case.
But Lincoln's clients were impatient, and
he was in no mood to put up with their
importunities. "I would now very gladly
surrender the charge of the case," he
wrote a member of the firm, "to any one
you would designate, without charging
anything for the much trouble I have
already had." At the July term the

case was again continued, whereupon
came another remonstrance from Lincoln's clients. Lincoln was disgusted.
"My chief annoyance with the case
now," he wrote the company's Columbus
attorney, "is that the parties at Columbus seem to think it is by my neglect
that they do not get their money." Lincoln thought that while the whole
amount could not be got soon, it would
all ultimately be paid, "and that it could
be got faster by turning in every little
parcel we can, than by trying to force it
through by the law in a lump." Evidently his advice was followed, for the
case was continued beyond his possible
connection with it.
Sooner or later, in any discussion of
Lincoln's legal work, comes the question
of his ability. Some would have it that
he was without a peer as a jury lawyer,
others that his best work was done only
when he had ample time for careful
preparation. The writer hoped that
these records would throw some light on
this disputed question, but such a large
proportion of Lincoln's cases were won
by default, or settled by agreement, that
the data derived from the remainder is
too incomplete to furnish conclusive information. Nevertheless, it is offered for
whatever it is worth.
During this five year period only
seven cases in which Lincoln was counsel
came to trial before a jury. Of that
seven he won three and lost four.
Fourteen were tried before the court
without a jury. Of these, four were won
and ten lost. Fifteen contested suits
were dismissed by Lincoln and Herndon
before they came to trial. On the other
hand they won twenty-eight by default.
The balance of cases with which Lincoln was connected were either dismissed
by agreement, or tried after June, 1860,
when his active legal work ended. In
spite of this rather adverse showing, an
indication of Lincoln's reputation as a
lawyer is furnished by the fact that in
most of cases continued after 1860
other counsel supplanted the firm of
Lincoln and Herndon.