Lincoln in Court

By Fred Klein

Early in his law career, Abraham Lincoln had an unusual case in the backwoods of Illinois. A certain Mr. Jake Plummer was accused of stabbing a Mr. Wilson Black to death with a knife. There were three witnesses who said they saw Mr. Plummer kill Mr. Black. No one wanted to defend Mr. Plummer, but Lincoln thought every man deserved someone to defend him in court. Mr. Lincoln met with his client in the jailhouse, which was the backroom of Clancy’s bar. Mr. Lincoln had to remove his stovepipe hat where he kept his legal papers and bowed his tall head to fit into the doorway. He was tall, lean, and clean-shaven. Mr. Plummer was short, fat, and sat in filthy buckskins.

“I am Abraham Lincoln, and I am available to defend your case.”

“Thanks, I’m Jake Plummer, just a poor pig farmer.”

“Did you kill Mr. Black?”

Plummer shook and looked disturbed.

“No, I found the body in the woods and reported it to the sheriff.”

“Then why did they arrest you?”

“They had no other suspects!”

“They claim they have three witnesses that said you killed Mr. Black?”

“I saw no other person there.”

“Did you know Mr. Black? Did you have anything against him?”

“No, I never saw him before in my life.” Plummer sat back in his chair and looked concerned.

“Alright, I will take the case, but I will have to think this one through.”

The court case would come up two weeks later. In the meantime, Lincoln asked around about the character of the defendant and the three witnesses. He heard that the defendant was reliable, and the three witnesses were of no account. Lincoln thought up his strategy. He decided to get to know the witnesses and the possible jurors better. He bought a round of drinks in Clancy’s bar and told jokes and stories for which he was famous. 

Lincoln said, “That reminds me of a story. There once was an old man who advised his son to take a wife to which the young man said, ‘Alright, whose wife shall I take?’” 

That got a round of laughs. Lincoln continued to tell his stories but noticed that none of the three witnesses would look him in the eye. They kept looking away and talking amongst themselves. Lincoln thought this was suspicious. Maybe they were conspiring together. Lincoln saw the prosecutor, Mr. Mason, at the bar standing by himself. Lincoln approached him.

Lincoln said, “What do you think about this trial?”

Mason replied, “I think you are going to lose. With three witnesses this case will be resolved in one day.”

“We shall see,” said Lincoln.

Lincoln then decided to interview the sheriff. 

“Sheriff James, why did you arrest Mr. Plummer?”

“He was the only one around the corpse and he needed money, his pig farm was failing. Besides, he looks guilty,’ replied the Sheriff.

“Did you look for any other suspects?”

“No.”

“How did you find the witnesses?”

“They came to me.”

“I will see you in court.”  Lincoln would have liked to talk to the traveling judge, but he would not be in town until the day of the trial.

 The trial was to be held in the front room of Clancy’s bar on the second week of the month when the traveling judge, Mr. Stanford, would arrive. On trial day, Clancy said,

“OK, that is the last drink for all you possible jurors and witnesses. The bar is now closed for the trial.” The bar was packed with people who wanted to see who would hang.

 Judge Stanford introduced himself and laid out the trial. He picked the jury from whoever was sober in the bar. 

“First the prosecutor will give his case, then the defense will give their case. Finally, the jury will deliberate on the verdict.”

The bailiff read the charges,

“In the case of Mr. Plummer vs. the County of Alexander in the state of Illinois, Mr. Plummer is accused of murdering Mr. Wilson Black.”

   “How do you plead?” the Judge said.

“Not guilty,” Jake said.

The prosecutor, Mr. Mason, stated his case that Jake had killed Mr. Black on the night of June third. Lincoln announced that he would prove the defendant was innocent. Then the bailiff called up the first witness, Mr. Caleb Sawyer, and he was sworn in. Caleb was an old drunk known to exaggerate a bit.

“Mr. Sawyer, what did you see that night?” Mr. Mason said.

“I saw Jake stab Mr. Black in the back,” said Mr. Sawyer. 

“No further questions, your Honor,” said Mr. Mason.

Then Lincoln cross-examined the first witness.

“Caleb Sawyer, have you ever lied?” Lincoln asked.

“Of course not; I don’t lie,” said Caleb.

“You just lied, saying that because everybody lies at some point in their life. Your Honor, 

I would like to disregard this witness as a liar,” Lincoln said.

“Alright, Mr. Lincoln. Bailiff call the next witness,” the Judge said.

The next witness, Nat Turner, came up and was sworn in. Nat was in his thirties but looked much older. He was a trapper who spent most of his time in the wilderness.

Mr. Mason asked, “What did you see?”

“I saw Jake kill Wilson Black,” said Mr. Turner.

“No further questions, your Honor,” Mason said.

Nat looked smugly at Mr. Lincoln as Lincoln approached the witness.

“Josh Turner, do you ever lie?” Lincoln asked again.

“Yes, sir I do,” Josh said.

“Then why should we believe you now?” 

“Cause I swore on the Bible!”

“Just because you blaspheme on the Bible doesn’t make you an honest man. Your 

Honor, I would like to disregard this witness as an unreliable man and a sinner.” 

Lincoln gave Nat a stern look as he left the witness stand.

“OK, Mr. Lincoln. Bailiff, call the next witness,” said the Judge.

Ben Smith came up next and was sworn in. Ben wore buckskins that just barely covered his fat stomach. He also had bulges in his pockets.

Mr. Mason asked, “What did you see?”

“I saw Jake murder Mr. Black!” Ben said.

“No further questions, your Honor,” Mr. Mason said.

Now, this witness was wise to what old Abe was up to, so he was prepared.

“Benjamin Smith, have you ever lied?” Lincoln asked.

“Sir, I only lie when I been drinkin,” Ben said.

“Have you been drinking now?” Lincoln inquired.

“No, sir, not a drop.”

“How about the night you witnessed the murder?”

“No, sir.”

“Of course, we only have your word for that.”

“Ask any of my friends.”

“Alright then, what did you see on the night of June third?”

“I saw Jake Plummer stab Wilson Black with a white knife and kill him.”

“If you saw this happening, why didn’t you try to help Mr. Black?”

“I was too far away.”

Ben looked shaken but defiant.

“How far?”

“Two hundred feet.”

“How could you see that far at night?”

“It was a full moon.”

“Thank you, your Honor. I am presently done with this witness, but I wish to recall him later.”

That was the end of the prosecution witnesses. So, Mr. Lincoln started his defense.

“Your Honor, I call the defendant, Mr. Plummer, to the stand,” Lincoln stated.

Jake Plummer was sworn in. Jake was nervous about testifying but Mr. Lincoln had insisted. 

“Mr. Plummer, what happened on the night of June third?”

“I was walking in the woods, and I came across the body of Wilson Black. He had a white knife in him,” said Jake.

“Why would someone stab him?”

“I don’t know, but his money bag was on the ground, empty near his body.”

“What did you do?”

“I went to get the sheriff.” 

“What did he do?”

“He examined the body and arrested me.”

Jake looked down, felt dejected and defeated.

“Did anyone else know about the white knife?”

“No, just the sheriff.”

“Do you have a knife, and what color is it?”

“Yes, and it is black.”

“Where is it now?”

“The sheriff took it from me when he arrested me.”

Jake looked relieved that his testimony was over, but he still had to face the prosecutor. 

“No more questions, your Honor.”

Then the prosecutor, Mr. Mason, asked, “You are lying, aren’t you?”

“No sir, I am not,” replied Jake.

“What did you do with Wilson’s money?”

“I don’t have any money, and the sheriff found none on me.”

“I think you are lying to save your neck; no more questions, your Honor.”

Jake looked concerned that the jury might not believe him.

Mr. Lincoln then called the sheriff, Donny James, to the stand. The Sheriff wore his badge prominently on his shirt and seemed rather confident. The sheriff was sworn in.

“Sheriff James, did you tell anyone about the white knife?” Lincoln asked.

“No, I didn’t,” said the sheriff. “

“Did you find any money on Jake?”

“No, sir.”

“Have you ever had a murderer report the killing before?”

“No, sir.”

“No more questions, your Honor; I recall Ben Smith to the stand.”

Ben seemed surprised and sat down again in the witness chair.

“How did you know about the white knife?” Lincoln asked.

“I told you I saw the murder because it was a full moon.”

Lincoln then pulled out a book and read from it. 

“This here, your Honor, is the farmer’s almanac, and it says that the night of June third 

was a moonless night. How, then, could Mr. Smith see the white knife unless he 

committed the murder? Ben, where is your knife?”

“I lost it.”

“Could you have lost it into the back of Wilson Black to steal his money?”

“No, No.”

“Bailiff, check this witness’s pockets for the gold coins he stole from Mr. Wilson.”

The bailiff found seven gold coins in Ben Smith’s pocket.

“Your Honor, I propose that Ben Smith heinously murdered Mr. Black for his gold and 

that my client is innocent.”

The judge said, “Hold over the witness for the hangman, er the sheriff, and release the 

defendant.”

The defendant hugged Mr. Lincoln and said, “Thank you for saving my life.”

“You’re welcome. Now remember there are three pigs you owe me for my fee,” said Mr. 

Lincoln. 

“Yes, of course.”

“That reminds me of another story,” said Lincoln.

Fred Klein is the author of the novel Memoirs of a Road Warrior. He is a member of the Southern California Writers Association, OC Writers, and the Historical Novel Society. You can find his website at humorousbook.wordpress.com.