CORNELL LAW LIBRARY 
 
,,_ Cornell University Library 
 
 KF 368.L73I29 
 
 Abraham Lincoln as attorney for the llli 
 
 3 1924 018 816 896 
 
 
 DATE 
 
 DUE 
 
 
 3p;a*^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 GAVLORD 
 
 
 
 PRINTED IN U.SJk 
 
The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924018816896 
 
REPRODUCTION 
 OF ORIGINAL 
 DOCUMENTS IN 
 MR. LINCOLN'S 
 HANDWRITING 
 
l^x^Bmti^ tn 
 
 KUttwite Olpntral latlrnaJi tompang 
 
Edition May, 1905, Two Hundred Copies 
 Number O %> — 
 

 ISi^^ 
 
 ms<& 
 
 HBRAHAM 
 ^LINCOLN 
 
 JS ATTORNEY FOK 
 ra£lLLINOIS CENTRAL 
 RAILROAD COMPANY 
 
 COMPLIMENTS OF THE 
 
 I ILLINOIS CENTRAL RAILROAD COMPANY 
 
PHOTOGRAPH of Mr. Lincoln at the time 
 lie was attorney for the Illinois Central 
 Railroad Company in the early 50s. 
 The negative from which this photograph was 
 taken is from an original print, m the possession 
 of Mr. George B. Ward, photographer, No. 
 314 Wahash avenue, Chicago, and is said to he 
 the only one in existence. 
 
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jjOON after flie incorporation of flie Illinois 
 Central Railroad Company, Mr. Lincoln, 
 who was flien practicing law at Springfield, 
 Illinois, was appointed one of its attor- 
 neys, and documents still in existence 
 show fliat he was consulted wifli reference to important 
 questions arising upon the construction of flie charter of 
 flie company. 
 
 The first photograph herein is {hat of {he pass car- 
 ried by Mr. Lincoln in 1858. It was surrendered to flie 
 company at flie expiration of {he year for renewal. 
 
 During the year 1856 an important question arose 
 upon the construction of the charter of the company. It 
 was submitted to Mr. Lincoln, who gave an opinion in 
 relation to the same, the second photograph being from 
 the original in Mr. Lincoln's handwriting. The ques- 
 tion upon which this opinion was given was afterwards 
 litigated in the courts of Illinois and finally decided in 
 the case of Walker v. Herrick, (18th Illinois Supreme 
 Court Reports, at page 570.) The Supreme Court held 
 in harmony with the opinion of Mr. Lincoln, although 
 his name does not appear as one of the attorneys in 
 the case. 
 
 Probably fhe most important case which Mr. Lincoln 
 had for flie company was fliat of Illinois Central Rail- 
 road Company versus County of McLean, reported in 
 
tke ITth Illinois Supreme Court Reports, at page 291. 
 The question at issue involved the construction of the 
 charter of the company exempting its property from 
 taxation and requiring that it pay to the State of Illi- 
 nois a certain per cent of its gross earnings in lieu of 
 all taxation. 
 
 Associated with Mr. Lincoln in this case were Mr. 
 Mason Brayman, afterwards a general in the Union 
 Army in the War of the Rebellion, and Mr. James F. 
 Joy, in later years general counsel, and at one time 
 president of the Michigan Central Railroad Company, 
 and during the receivership period president of the 
 Wabash Railroad Company, and the same who placed 
 in nomination for the Presidency at flie Chicago Conven- 
 tion in 1884 the Hon. James G. Blaine. 
 
 While the immediate amount involved in this case 
 was small, the question was one of much importance to 
 flie company, and Mr. Lincoln presented a bill for his 
 fees (doubtless the largest he ever presented to any client) 
 for nve thousand dollars. The then general counsel of 
 the road advised Mr. Lincoln that while he recognized 
 the value of his services, still, the payment of so large 
 a fee to a western country lawyer without protest would 
 embarrass the general counsel with the board of direc- 
 tors in New York, who would not understand, as would 
 a lawyer, flie importance of &e case and the consequent 
 value of Mr. Lincoln's services. 
 
 It was intimated to Mr. Lincoln, however, that if 
 he would bring suit for his bill in some court of com- 
 petent jurisdiction, and judgment were rendered in his 
 
favor, tlie judgment would be paid without appeal. 
 Thereupon Mr. Lincoln brought suit in the Circuit Court 
 of McLean County at the April term, 1857, and we 
 present herewith photographic copies from the original 
 papers prepared by Mr. Lincoln for this suit, the third 
 photograph being the praecipe; the fourth, the declara- 
 tion ; the fifth, notice to take depositions ; and the sixth, 
 brief of the important points to be presented in the 
 case. Following {he photographs herein is a copy of 
 the court records of McLean County showing trial, 
 judgment, etc. 
 
 Some interesting incidents in the trial of this case 
 are given by Mr. Charles L. Capen, a prominent attor- 
 ney at Bloomington, Illinois, now president of the Illi- 
 nois Bar Association. It in substance is: 
 
 When {he case was reached for trial on Thursday 
 morning June 18th, 1857, no one appearing for {he 
 defendant, judgment was taken by default for five thou- 
 sand dollars. That afternoon John M. Douglas, one of 
 the company's general solicitors at that time, arrived 
 from Chicago too late of course to attend the trial. He 
 told Mr. Lincoln that default placed him in an embarrass- 
 ing position, that he (Lincoln) ought to have the fee, and 
 asked him to permit the default to be set aside, and {he 
 case tried. To {his Mr. Lincoln readily consented, and 
 {he case was set down for trial on Tuesday June 23d, 
 
 1857. 
 
 On flie trial of the case Mr. Douglas called Mr. Lin- 
 coln's aftention to {he fact that two hundred dollars 
 had already been paid him on account of this fee, which 
 
Mr. Lincoln said he had forgotten, and accordingly 
 reduced his demand to four thousand eight hundred 
 dollars. 
 
 Mr. Lincoln had taken the depositions of some of 
 the leading lawyers of the state as to what was a reason- 
 able fee. Among these were 0. H. Browning and 
 Archibald Williams of Quincy, Illinois; Norman B. 
 Judd, Isaac N. Arnold and Grant Goodrich, of Chicago, 
 Illinois; Norman H. Purple, of Peoria, Illinois; and 
 Stephen T. Logan, of Springfield, Illinois. 
 
 Mr. Lincoln tried his own case and as he got up 
 to speak to {he jury a button on his trousers gave away. 
 Saying "Wait a minute til I fix my galluses," he took 
 out a knife, whittled a stick and used {hat in place of 
 flie button. 
 
 Mr. David Davis, afterwards a Justice of the 
 Supreme Court of flie United States, was {he presiding 
 judge. The jury returned a verdict for Mr. Lincoln 
 for {he full amount of four fliousand eight hundred dol- 
 lars, which was promptly paid by {he company. 
 
 These are in substance {he noteworthy incidents 
 of this unique case. 
 
At a special term of tte Eighth Judicial Circuit Court of the 
 State of Illinois, begun and held for common law business ex- 
 pressly, in pursuance of an order of said court made at the March 
 term thereof, to wit, on the eleventh day of April, A. D. 1857, at 
 the court house in Bloomington, in and for flie County of McLean, 
 on the fifteenth day of June, in the year of our Lord one thou- 
 sand eight hundred and fifty-seven. 
 Present : 
 
 Hon. David Davis, Judge. 
 William McCullough, Clerk. 
 Joseph H. Moore, Esq., Sheriff. 
 
 And thereupon the court proceeded to business as follows, 
 to wit : 
 
 Thursday, June 18th, 1857. 
 
 ABRAHAM LINCOLN T 
 
 1475. vs. Lt A • 
 
 THE ILLINOIS CENTRAL RAILROAD f ^" Assumpsit. 
 COMPANY. J 
 
 This day this cause being regularly called for trial the plaint- 
 iff came, and the plea of non-assumpsit having by the defendant 
 been pleaded at a former term of this court and issue herein being 
 joined thereon by the plaintiff, the defendants now came not. And 
 the plaintiff claimed a trial, a jury came, who, being duly elected, 
 tried and sworn to try the issue in said cause, and who having 
 heard flie evidence of the plaintiff, for verdict say : "We, the 
 jury, find the issue for the plaintiff and assess his damages at five 
 thousand dollars. It is therefore adjudged by the court that the 
 plaintiff recover of the defendants the said sum of five thousand 
 dollars, together with his costs herein expended, and that he have 
 execution flierefor. 
 
Tuesday, June 23d, 1857. 
 
 "■ In Assumpsit. 
 
 ABRAHAM LINCOLN 
 1475. vs. 
 
 THE ILLINOIS CENTRAL RAILROAD 
 COMPANY. 
 
 This day came the parties and by their agreement the verdict 
 and judgment rendered herein at a former day of this term, are set 
 aside. And now the issue being joined and the parties being 
 ready for trial, a jury came, twelve good and lawful men, to wit, 
 Cyrus B. Dunkle, Uriah Washburn, WiUiam H. Hodge, Hargo 
 Parsons, Simon B. Brown, Abraham Stansbury, Jesse Adams, 
 James Gilmore, Sr., Daniel B. Robinson, Jacob C. Mahan, 
 Jeremiah Spurgin and William McKisson, who, being duly 
 elected, tried and sworn to try said issue, and who having heard flie 
 evidence of the parties and arguments of counsel for verdict say, 
 "We the jury, find the issue for the plaintiff, and assess his dam- 
 ages at the sum of four thousand eight hundred dollars. And 
 thereupon flie defendants moved for a new trial, for the reasons 
 following, to wit : "Because the verdict is contrary to the law 
 and the evidence. The court erred m instructing the jury, and for 
 other reasons.' Which motion was by the court overruled; to 
 which ruling of the court the defendant thereupon excepts. 
 
 It IS therefore adjudged by the court fhat the plaintiff recover 
 of the defendants the said sum of four thousand and eight hundred 
 dollars, together with his costs herein expended, and that he have 
 execution therefor. And by agreement of the parties, the defend- 
 ants are allowed an appeal to the Supreme Court, upon filing with 
 the clerk an appeal bond in due form, executed by John M. Doug- 
 las and James F. Joy, within thirty days from this date. And 
 it is further agreed that a bill of exceptions may be made up out 
 of term, and within said thirty days, by agreement of parties as 
 to its contents, or by the judge if they cannot agree, and so signed 
 and filed. And it is further agreed that if said appeal bond and 
 bill of exceptions shall not be so filed, within said thirty days, 
 there shall be no appeal, and the plaintiff may have his execution. 
 
STATE OF ILLINOIS. \ „ 
 
 McLean county. i ' 
 
 I, JAMES C. ELDER, Clerk of the Circuit Court and Keeper 
 oi the Records and Seal of the said Circuit Court of McLean County, 
 in the state aforesaid, do hereby certify the above and foregoing 
 to be a true, perfect and complete copy of a judgment had of 
 record in our said court m a certain cause lately therein pending, 
 on the common law side thereof, wherein Abraham Lincoln was 
 plaintiff and The Illinois Central Railroad Company was defendant. 
 
 IN TESTIMONY WHEREOF, I have hereunto set my hand 
 and affixed the seal of said court, at Bloomington, Illinois, this 
 19th day of May, 1904. 
 
 JAMES C. ELDER, 
 
 Clerk.