story originates with Donovan, we repeat his account of the
Almanac Trial:
In the July Century [magazine] appears the end of a story of a long case, and
includes what is vaguely known as Lincoln’s first defense in a murder trial. The
details need not be repeated. The pith of the story is instructive to lawyers.
Grayson was charged with shooting Lockwood at a camp meeting, on the eve-
ning of August 9, 18—, and with running away from the scene of the killing,
which was witnessed by Sovine. The proof was so strong that even with an excel-
lent previous character, Grayson came very near being lynched on two occasions
soon after his indictment for murder.
The mother of the accused, after failing to secure older counsel, finally engaged
young Abraham Lincoln, as he was then called, and the trial came on to an early
hearing. No objection was made to the jury, and no cross-examination of wit-
nesses, save the last and only important one, who swore that he knew the parties,
saw the shot fired by Grayson, saw him run away, and picked up the deceased,
who died instantly.
The evidence of guilt and identity was morally certain. The attendance was
large, the interest intense. Grayson’s mother began to wonder why Abraham
remained silent so long and why he didn’t do something!
The people finally rested. The tall lawyer (Lincoln) stood up and eyed the
strong witness in silence, without books or notes, and slowly began his defense
by these questions:
[Q:] And you were with Lockwood just before and saw the shooting?
[A:] Yes.
[Q:] And you stood very near to them?
[A:] No, about twenty feet away.
[Q:] May it not have been ten feet?
[A:] No, it was twenty feet or more.
[Q:] In the open field?
[A:] No, in the timber.
[Q:] What kind of timber?
[A:] Beech timber.
[Q:] Leaves on it are rather thick in August?
[A:] Rather.
[Q:] And you think this pistol was the one used?
[A:] It looks like it.
[Q:] You could see defendant shoot—see how the barrel hung, and all about it?
[A:] Yes.
[Q:] How near was this to the meeting place?
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