“ ‘Good name in man and woman, dear my lord,
Is the immediate jewel of their souls.
Who steals my purse steals trash; ’tis something, nothing;
’Twas mine, ’tis his, and has been slave to thousands;
But he that filches from me my good name,
Robs me of that which not enriches him,
And makes me poor indeed.’ ”
Then drawing himself up to his full height, and looking down upon the defendants as if with the compassion of an older brother, while his long right arm was extended toward their attorney, he continued:—
“Gentlemen, these boys never would have tried to cheat old farmer Case out of these oxen and that plow, but for the advice of counsel. It was bad advice—bad in morals and bad in law. The law never sanctions cheating, and a lawyer must be very smart indeed to twist it so that it will seem to do so. The judge will tell you, what your own sense of justice has already told you, that these Snow boys, if they were mean enough to plead the baby act, when they came to be men should have taken the oxen and plow back. They cannot go back on their contract, and also keep what the note was given for.”
When Lincoln concluded with the words, “And now, gentlemen, you have it in your power to set these boys right before the world,”—he almost seemed to be pleading for the misguided young men rather than for his own client. So it impressed the Snows themselves. Whatever their technical rights may have been, they agreed with his view, as well as with the reputed opinion of the jury, that the account ought to be paid. And paid it was.[iii-39]
Whether all the circumstances attending this affair warranted Mr. Lincoln’s severe arraignment of the defendants’ counsel raises a nice point in professional ethics. Debts, as we know, may sometimes be barred by the law of infancy, still oftener by statutes of limitation. The debtors in such cases have been provided with legal defenses behind which honorable men, however, disdain, as a rule, to seek refuge. They realize that though these barriers shut creditors off from recovering on certain kinds of claims, the debts themselves remain unpaid; and that acts which are intrinsically wrong cannot be made right, however they may be sanctioned by law or custom. Still, if clients insist on availing themselves of such advantages, their attorneys are bound, in the judgment of not a few high-minded lawyers, to interpose the required pleas. So punctilious a practitioner as Horace Binney, the distinguished Philadelphian, whose conceptions of duty have already served us with some exalted standards, took this view. He once conducted the defense, it is said, in the trial of a certain action on a promissory note. His attempt to prove a set-off having failed, he arose and said, with an expression of intense scorn: “My client commands me to plead the statute of limitations.”
This implied rebuke was not lost on the defendant. He quickly withdrew his plea, and paid, as did those abashed brothers, the contested note.[iii-40] It is interesting to observe that here again the Western lawyer measured up to the lofty principles of his refined Eastern brother, and might, if confronted by a similar demand, have gone even a step beyond him.[iii-41]
Where injustice was to be headed off, Lincoln never stopped halfway. His honesty became militant. “He hated wrong and oppression everywhere,” as Judge Davis declared; “and many a man whose fraudulent conduct was undergoing review in a court of justice has writhed under his terrific indignation and rebukes.”[iii-42] These onslaughts appear to have been especially severe when the strong had robbed the weak or taken advantage of the unfortunate. One typical instance was that of a pension agent named Wright, against whom Lincoln brought suit to recover money wrongfully withheld from the widow of a Revolutionary soldier. The claim as collected amounted to about four hundred dollars, of which the go-between had retained one half. This was, of course, an exorbitant fee; but the friendless pensioner, bent and crippled with age, seemed to be at the fellow’s mercy. He certainly expected no resistance from the old lady. Finding her way, however, one day into the office of Lincoln and Herndon, she told the whole sordid story. It aroused the instant sympathy of the senior partner. He called, without loss of time, on the agent to demand a fair settlement; and when this was refused, he as promptly began an action. What ensued is best told in his associate’s own words.
“The day before the trial,” writes Mr. Herndon, “I hunted up for Lincoln, at his request, a history of the Revolutionary War, of which he read a good portion. He told me to remain during the trial until I had heard his address to the jury. ‘For,’ said he, ‘I am going to skin Wright, and get that money back.’ The only witness we introduced was the old lady, who through her tears told her story. In his speech to the jury, Lincoln recounted the causes leading to the outbreak of the Revolutionary struggle, and then drew a vivid picture of the hardships of Valley Forge, describing with minuteness the men, barefooted and with bleeding feet, creeping over the ice.[iii-43] As he reached that point in his speech wherein he narrated the hardened action of the defendant in fleecing the old woman of her pension, his eyes flashed, and throwing aside his handkerchief, which he held in his right hand, he fairly launched into him. His speech for the next five or ten minutes justified the declaration of Davis, that he was ‘hurtful in denunciation and merciless in castigation.’
“There was no rule of court to restrain him in his argument, and I never, either on the stump or on other occasions in court, saw him so wrought. Before he closed, he drew an ideal picture of the plaintiff’s husband, the deceased soldier, parting with his wife at the threshold of their home, and kissing their little babe in the cradle, as he started for the war. ‘Time rolls by,’ he said, in conclusion. ‘The heroes of ’76 have passed away, and are encamped on the other shore. The soldier has gone to rest, and now, crippled, blinded, and broken, his widow comes to you and to me, gentlemen of the jury, to right her wrongs. She was not always thus. She was once a beautiful young woman. Her step was as elastic, her face as fair, and her voice as sweet as any that rang in the mountains of old Virginia. But now she is poor and defenseless. Out here on the prairies of Illinois, many hundreds of miles away from the scenes of her childhood, she appeals to us, who enjoy the privileges achieved for us by the patriots of the Revolution, for our sympathetic aid and manly protection. All I ask is, shall we befriend her?’