LINCOLN ROOM UNIVERSITY OF ILLINOIS LIBRARY MEMORIAL the Class of 1901 founded by HARLAN HOYT HORNER and HENRIETTA CALHOUN HORNER Digitized by the Internet Archive in 2012 with funding from University of Illinois Urbana-Champaign http://www.archive.org/details/abrahamlincolndeOOtown Abraham Lincoln, Defendant COURT-HOUSE AT LEXINGTON, KENTUCKY, IN 1853 ABRAHAM LINCOLN DEFENDANT Lincoln's Most Interesting Lawsuit BY WILLIAM H. TOWNSEND Of the Lexington, Kentucky, Bar WITH ILLUSTRATIONS BOSTON AND NEW YORK HOUGHTON MIFFLIN COMPANY QHje ftibergfte $)rcss Cambridge 1923 COPYRIGHT, 1923, BY HOUGHTON MIFFLIN COMPANY ALL RIGHTS RESERVED CAMBRIDGE • MASSACHUSETTS PRINTED IN THE U.S.A. B x Preface LINCOLN'S most interesting lawsuit is _J one hitherto wholly unknown to his many biographers. In this suit, he is him- self a defendant and the issue involves his own personal integrity. Until the record was discovered among the musty files of the Fayette Circuit Court at Lexington, Kentucky, and Lincoln's let- ters relating thereto were unearthed from an attic where they had lain forgotten for nearly seventy years, it was believed by au- thorities on the subject that Lincoln had been defendant in but two lawsuits. Both of these were episodes of his struggling years at New Salem, and neither reflected in any way upon his honor, the very key- stone of his character. With them the pub- lic is more or less familiar. The first one grew out of a horse-trade. Preface Lincoln had purchased a horse from a man named Watkins for fifty dollars. It was agreed that payments might be made by installments, but, when only a balance of ten dollars remained, the impatient creditor sued Lincoln, who admitted the debt, bor- rowed the money, and paid it. The second suit was in 1834, when one Van Bergen sought to enforce payment of a note given by the ill-fated partnership of Lincoln & Berry while in the grocery busi- ness at New Salem. Lincoln, penniless, but steadfast in his determination to pay the debts of the firm, made no defense and sur- rendered his horse, saddle, bridle, and sur- veying instruments to satisfy the judgment. Poverty alone made him a defendant in these two instances, and throughout his career as a lawyer no person, except in the case hereafter related, ever claimed that Abra- ham Lincoln was guilty of a dishonest act. vi Preface Henry C. Whitney, in his « Life on the Circuit with Lincoln," says of him : " His great reputation for integrity was well de- served. The most punctilious honor ever marked his professional and private life. No one ever accused him of taking an un- derhanded or unfair advantage in the whole course of his professional career." In the words of Judge Davis, who knew Lincoln as few of his associates did, " he never took from a client, even when the cause was gained, more than he thought the service was worth and the client ought to pay." In fact, his companions on the circuit indignantly protested that Lincoln did not really charge what his services were worth, and cited the instance when he col- lected a debt of six hundred dollars due a client and deducted a fee of only three dol- lars and fifty cents. That Lincoln, therefore, could have ever vii Preface been accused under oath of having collected money for a client and converting the entire amount to his own use, would be unbeliev- able were it not for the evidence now set forth for the first time in the succeeding pages. To preserve for posterity the authen- tic details of this experience is the object and purpose of this little volume. Illustrations Court-House at Lexington, Kentucky, in 1853 Frontispiece Petition of Edward Oldham and Thomas Hemingway versus Abraham Lincoln, Nin- ian W. Edwards, and George B. Kinkead, filed May 12, 1853 4 Order of Attachment on Property of Lin- coln and Edwards 6 Summons of Lincoln, Edwards, and Kinkead 7 Lincoln to Kinkead, May 27, 1853 8 Lincoln's Separate Answer to the Petition 10 Lincoln to Kinkead, July 6, 1853 16 Lincoln to Kinkead, September 13, 1853 20 Copy of Lincoln's Notice to the Plaintiffs, September 22, 1853, attached to Deposi- tion of Anthony Thornton 26 Copy of Notice to Plaintiffs attached to Depositions of Ninian W. Edwards and Eliphalet B. Hawley 27 Lincoln to Kinkead, September 30, 1853 28 Edwards's Answer to the Petition 40 Abraham Lincoln, Defendant Abraham Lincoln, Defendant ROBERT S. TODD, the father-in-law _ of Abraham Lincoln, was for many years a prominent business man of Lexing- ton and Central Kentucky. The firm of Oldham, Todd & Company, composed of Edward Oldham, Robert S. Todd, and Thomas Hemingway, owned and operated a large cotton factory in Fayette County and its products were sold extensively in Ken- tucky and adjoining States. On the sixteenth day of July, 1849, Robert S. Todd died, and thereafter the business was conducted by the surviving partners under the style of Oldham & Hem- ingway. In due time, Robert S. Todd's widow qualified as administratrix and began an ac- tion in the Fayette Circuit Court to settle Abraham Lincoln, Defendant the rather extensive estate, including the partnership of Oldham, Todd & Company. After much delay and considerable liti- gation, the settlement of the estate had been practically completed and the portions due decedent's several children ascertained and adjudged, when, on the twelfth day of May, i 8 5 3 , in the Fayette Circuit Court, which held its sessions in the historic old Court- House that had echoed the voices of the Marshalls, the Breckinridges, and Henry Clay, the following petition was filed : Fayette Circuit Court. Edward Oldham and Thomas Hemingway, surviving partners of Oldham, Todd, & Company, Plaintiffs. vs : Petition. Abraham Lincoln, Ninian W. Edwards and George B. Kinkead, Defendants. The plaintiffs state they are the surviving 4 / Uls%^ Ct*2 ^*» &~^+ rfrf* &~~ •* f*-*^ 9 4L+~*^9 tUr^a (Sh-X^L^* l / UCZ^ /JCc^ixv* ^t-c^t ^7 «//l^t— «^^ <=*-* *^ (J-1 <*J{ Islst** *^v ^*^ *} ffa d^h^ W &c^C4^ irf , ^-y m ^. *~i^+ *^r^^j ^>**7 ^&*£^ ^^^ '^%/ r - ^ Abraham Lincoln, Defendant partners of Oldham, Todd & Company, the old firm consisting of Edward Oldham, Robert S. Todd & Thomas Hemingway, Robert S. Todd having departed this life on the 1 6th day of July, i 849, and that Abra- ham Lincoln and Ninian W. Edwards are indebted to them, Lincoln in the sum of $472.54 Dolls, for money collected for said firm and unaccounted for and Edwards in $9.00 freight paid for him by sd. firm. Both of said defendants are non-residents of this state and live in Illinois. They state they are informed and charge the fact to be that one George B. Kinkead as their attor- ney in fact has in his hands or will have in a few days under his control and possession a large amount of money belonging to them, the proceeds of the defendants interest it be- ing two sixths of a house and lot in Lexing- ton. That said amount then due the defend- ants is about $ 1 500 Dollars which is much 5 Abraham Lincoln, Defendant [more] than sufficient to pay them their demands. They pray said amount or so much as will be sufficient to pay their debts be at- tached and garnisheed in the hands of said Kinkead to pay their debt and he be re- strained from paying over the same or any part of it until the further order of this Court and other proper relief. C. D. Carr. Fayette County. Thomas Hemingway says he believes the statements of the foregoing petition are true. T. Hemingway, Sworn to before me by Thomas Hem- ingway, the i ith day of May, 1853. John Henry, J.P.F.C. Fayette County. 1st Plaintiffs state their claims are for money collected by said Lincoln as their 6 Abraham Lincoln, Defendant attorney and not paid over and for money paid for said Edwards for freight. 2nd. That they are just. 3rd. That they ought to recover $481.54. 4th. That the defendants are non-residents of the Commonwealth of Kentucky. T. Hemingway. Sworn to before me this 1 ith day of May, 1853, by Thomas Hemingway. John Henry, J.P.F.C. The first information that such a suit had been instituted, or even contemplated, evi- dently came to the defendants through Mr. Kinkead, who wrote them at Springfield, probably inclosing a copy of the petition, and to which letter Mr. Lincoln promptly replied : Danville, Ills. May 27, 1853. George B. Kinkead, Esq^, Lexington, Ky. I am here attending court a hundred and 7 Abraham Lincoln, Defendant thirty miles from home, and where a copy of your letter of this month, to Mr. Edwards, reached me from him, last evening. I find it difficult to suppress my indignation towards those who have got up this claim against me. I would really be glad to hear Mr. Heming- way explain how he was induced to swear he believed the claim to be just ! I herewith inclose my answer. If it is insufficient either in substance, or in the authentication of the oath, return it to me at Springfield (where I shall be after about ten days") stating the defective points. You will perceive in my answer, that I ask the Petitioners to be ruled to file a bill of particulars, stating names & residences &c. I do this to enable me to absolutely disprove the claim. I can really prove by independent evidence, every mate- rial statement of my answer, and if they will name any living accessable man, as one of whom I have received their money, I will, 8 Usk hanytrul^ J&,_ flh^ &f /fJ-J J Oyy^ /?U—A, 7— *? Abraham Lincoln, Defendant by that man disprove the charge. I know it is for them to prove their claim, rather than for me to disprove it ; but I am unwill- ing to trust the oath of any man, who either made or prompted 'the oath to the Petition. Write me soon. Very Respectfully, A. Lincoln. The answer which was inclosed is as fol- lows: The separate answer of Abraham Lin- coln to a Petition exhibited in the Fayette circuit court in the Commonwealth of Ken- tucky, against said Lincoln, Ninian W. Ed- wards, and George B. Kinkead, by Edward Oldham and Thomas Hemingway, sen'r, surviving partners of Oldham, Todd & Co. This Respondent, saving, reserving &c, for answer to said Petition says he believes it is true, and therefore he admits that said Peti- 9 Abraham Lincoln, Defendant tioners are the surviving partners of said firm of Oldham, Todd & Co; that said firm did consist of the persons named as the members thereof in said Petition; and that said Robert S. Todd did depart this life about the time stated in said Petition. But this Respondent utterly denies that he is, or ever was, indebted to said firm, or to said Petitioners as surviving partners thereof, or in any way howsoever; he denies that he ever collected $472 54/100 or any other sum whatever, for said firm, or of money belonging to said firm, or to said Petitioners, in any capacity whatever; he denies that he ever had placed in his charge for collection, any debt or claim for said firm, or for said Petitioners, of any sort whatever ; and he denies that he ever was employed as the attorney or in any other capacity, of said firm, or of said Petitioners, in any matter whatever, so far as he remem- 10 ^y S>^~+s &£ZZZs^. #^^~t~- £*C*^ LPo>a^^a fc&Jo nsi-i^AT* ^i^^^y <2Zr-*4-^c s^^^^^sK^*^ £r £**L, rfl y^v^.c 3 e^-jc- c^-*-^ £>&z-~^, i^r-e-^j £^s-t> cKt«-y^-e-^-««j<3r ^^ ,^<-a^^£^c^u^> »^^<;v<^ .,<^gJ€T S&*-? p^rU~ jfr-a-*-^ /C^v^^y £Z~ ^~^- &*^*s ^-^-j /»-JT f*S%-' p^CZZZ, *^rr 42^-B^ &£^o^ /**ww ,«^c-e-* — *s»—^e^ Cz£c j£-&-~ c^O-. *£^ Abraham Lincoln, Defendant bers or believes. Respondent cannot con- ceive on what the charge of said Petitioners against him is founded, unless it be the fol- lowing facts — In the autumn of i 8 4 3 , and after Respondent had intermarried with said Robert S. Todd's daughter, said Robert S. Todd visited Springfield, Illinois, when and where, Respondent, for the first time in his life, met him. During that visit, said Todd remarked to this Respondent that there were twodesper^ ate or doubtful debts due Oldham, Todd & Co — one at, or near, Beardstown, Illinois, in charge of an attorney by the name of Henry E. Dummer,and the other at Shelby- ville, Illinois, in charge of whom Respond- ent does not remember, and that if any thing could be collected on said debts he desired Respondent to take and retain it as his own. Afterwards, and as Respondent remembers, in 1846, said Dummer paid over to this 1 1 Abraham Lincoln, Defendant Respondent, the sum of fifty dollars, repre- senting that sum to be all, beyond charges, that could be collected on the said claim in his hands. And as to the said debt at Shelby- ville, nothing whatever has come to the hands of this Respondent directly or indirectly, and Respondent supposes said debt has not been paid to any one else, but remains wholly un- paid. If Respondent ever knew, he has for- gotten the name of the debtor at Beardstown; but he believes one Marshall Basye was the debtor, or one of the debtors, at Shelby- ville. Respondent was not desired to take, and did not take charge of said claims as an attorney, or in any otherwise than as herein stated; so far as he remembers or believes he never spoke or wrote to either of the debtors on the subject; nor ever in any way at- tempted to supersede the attornies in whose hands the claims were originally placed; and, with the exception of the fifty dollars 12 Abraham Lincoln, Defendant aforesaid, received by Respondent under the circumstances aforesaid, Respondent denies that he ever received any thing what- ever, to which said firm, or said Petitioners could have a pretence of a claim. Respond- ent further states that when he visited Lex- ington in the autumn of 1849, as he re- members, he stated this whole matter to said Hemingway and to L. O. Todd, as he now states it; and that, more recently, in the spring of 1 85 2, he again fully stated it, in his sworn answer to a Bill filed for the ad- justment of the estate of said Robert S. Todd, which answer doubtless is on file in the said Fayette circuit court, and Respond- ent supposes said court, in that case, decided and adjusted the rights of the parties arising upon said state of facts. Respondent cares but little for said fifty dollars; if it is his legal right he prefers re- taining it; but he objects to repaying it once 1 3 Abraham Lincoln, Defendant to the estate of said Robert S. Todd, and again to said firm or to said Petitioners; and he particularly objects to being compelled to pay money to said firm or said Petition- ers which he never received at all. Respondent prays that said Petitioners may be ruled to file a Bill of particulars, stating the names and residences of the per- sons of whom, they claim that Respondent has collected money belonging to them. Respondent admits that he resides in Illi- nois; that said George B. Kinkead is his attorney ; and that he had means in his hands belonging to Respondent, substantially as is in said Petition stated ; and now having fully answered &c. A. Lincoln. ss State of Illinois Vermilion County Before me, Samuel G. Craig, clerk of the 14 Abraham Lincoln, Defendant Circuit Court of the County aforesaid, this day personally appeared Abraham Lincoln, whose name is subscribed to this answer written on this sheet, and who being by me first duly sworn, states on oath that all the statements in said answer are true in sub- stance and in fact. In witness whereof I have hereunto subscribed my name and affixed the seal of said Court on this 27 th day of May, a. d. 1853. Sam'l G. Craig, CIL The Fayette Circuit Court was not then a court of continuous session, but held terms of several weeks in February y June and Au- gust of each year. Although the summons did not require Lincoln to answer until the first day of the next August term, it will be noticed that he prepared his statement of defense within twenty-four hours after receiving informa- x 5 Abraham Lincoln, Defendant tion that suit had been instituted and, on the first day of the June term, which convened on Monday, June 1 3 , 1 8 5 3 ,his answer was duly filed in the Fayette Circuit Court. To the defense presented by Lincoln's answer, the plaintiffs filed no reply and the issue being thus joined, under the practice, the case stood for trial during the June Term. It appears, however, that Oldham & Hemingway made no effort to have the case assigned for hearing, although Court did not adjourn until the twenty-fifth day of June. After adjournment, nothing having been done and the matter evidently weighing con- siderably on his mind, Lincoln wrote his lawyer again. Springfield, Ills. July 6, 1853. Geo. B. Kinkead, Esq^ Lexington, Ky. Dear Sir: I feel some anxiety about the suit which 16 r<-^ir <&-*>£Z^) f^j-#--^£-oi^~ ^Lz^ jz^^ f^£ZZ^ f?n^*^c<=pyus- ^j^C ;/ t^X, y, *g /Xju,. Lg., ^ __ ^ t*si,4* Abraham Lincoln, Defendant has been gotten up against me in your court; and I therefore hope you will pardon my requesting you to write me when your court sits — whether it is probable I shall have to take proof here &c, &c. In the autumn of i 849 I was at Lexington several days, dur- ing which time I was almost constantly with L. O. Todd ; and if he shall, when the case comes on to be tried, think he remembers that I told him I had collected money for Oldham, Todd & Co, the story would be plausable enough to require an answer. Such recollection would be an utter mistake ; yet if something of the sort is not relied on, I can not conceive how Mr. Hemingway was induced to swear to the truth of the Bill; for they can not in any other way make the slightest show of proof. I therefore think it safest to look to their making this proof, as, at least, possible, and to be prepared for it. I have said before, and now repeat, that if *7 Abraham Lincoln, Defendant they will name the man or men of whom, they say, I have collected money for them, I will disprove it. I hope you will write me at once. I conclude with the remark that I expect you to be compensated for your services in this case, in addition to your compensation for your attention to our busi- ness, in common, there. Respectfully, A. Lincoln. It is evident that, from the beginning, Lincoln had been aware of a certain influ- ence, not exactly in the open, which he thought was largely responsible for this liti- gation. This is indicated by the reference in his letter of May 27th, to the "man who either made or prompted the oath to the Petition." It now becomes apparent that the person whom Lincoln suspected as having "prompted the oath " was none other than his brother-in-law, Levi O. Todd. 18 Abraham Lincoln, Defendant The Todd estate had just been wound up and not without friction among some of the heirs. The record of the settlement suit dis- closes considerable ill-feeling between Levi O. Todd and his sisters, Mary Lincoln, Frances Wallace, and Ann Smith, who lived in Springfield, growing out of advance- ments which Todd claimed his father had made during his lifetime to these children and particularly to Mary Lincoln. No doubt these facts were in Lincoln's mind when he wrote the above letter to Mr. Kinkead. In reply to this letter, Mr. Kinkead must have informed Lincoln that plaintiffs did not intend to prosecute the case further. He probably thought that the answer had con- vinced them of their error. Yet, when on the second day of August, Court again convened and plaintiffs made no motion for dismissal, Mr. Kinkead wrote his clients the day before Court adjourned on September *9 Abraham Lincoln, Defendant 3d. To this letter, Lincoln responded as follows: Bloomington, Ills. Sept. 13*1853. Geo. B. Kinkead, Esq^ Lexington, Ky. Dear Sir: — Your letter of the 2nd inst to Mr. Ed- wards, has been forwarded by him to me here where I am attending court. When, in your letter to me, of the 1 2 th July, you gave the opinion that O. T. & Co would abandon their suit, it was plain to my mind they in- tended no such thing, else they would have told you so plainly. The matter now takes me at great disadvantage, in this, that it will cost me more to leave the Circuit (which has just commenced) and attend to taking proof, than it would to give up the claim; and your letter does not mention the time of your next term. 20 OkJ/v>c /^^trTJy o/ C^o^^y /^r^»< ^^^y l?& jzy>*^ ^C f^ySt^^ /^* /h £*t~«^ ^^y^j^ J&>, £&^ 4*J^ ^ j£e^r^ /U^-c~0 ^^w^ ^ s£o***, / fat* /lfv~ ^ ^ *y^ ^^ *9^^-9 WW X^> 2^^ /L€~*:*"> Yj/<*~ ^^ ^^ r^ t^**^ 7 ^.*** £-x^&0 erf /^<*-^ZcZ-Sl4?~» Abraham Lincoln, Defendant But the great difficulty of all is the want of something definite, to take proof about. Without a bill of particulars stating the names of the persons of whom, O. T. & Co claim that I have collected money for them, any proof I can possibly take, will be wide of the mark — - can not meet Levi's state- ment, (which I now suppose he is deter- mined to make") that " I told him I owed the amount attached." I can prove by John T. Stuart, of Springfield, Illinois, that he & I were partners in the law from the Spring of 1 8 3 7 to the Spring of 1 84 1 , and that, so far as he knows, we never had any busi- ness for O. T. & Co. By Stephen T. Logan of Springfield, Ills., that he and I were part- ners from the Spring of 1 8 4 1 to the autumn of 1 844, and that so far as he knows, he & I never had any business for O. T. & Co. By William H. Herndon of Springfield, Ills., that he & I have been partners from the 21 Abraham Lincoln, Defendant autumn of 1844 U P to ^ e present time; and that so far as he knows, he & I never had any business for O. T. & Co — and by all three, that they never knew of me, indi- vidually, having any business for O. T. & Co. Also, by Ninian W. Edwards of Spring- field, Ills., that so far as he knows or believes the whole of the business of O. T. & Co. in Illinois passed through his hands, and that so far as he knows or believes, none of it ever went into my hands — that the claims at Beardstown & Shelbyville both passed through his hands and were, in the fall of 1843, g* ven to me, as desperate debts, by Mr. Todd, in manner as I have stated in my answer; and that less than three years ago, the father-in-law of one of the debtors called on him to try to compound the debt. As I understand, both these claims went into judgments, and as to that at Beardstown, I can prove the truth of the an- 22 Abraham Lincoln, Defendant swer, by the record, and by Henry E. Dum- mer of Beardstown, Cass Co., I lis. As to that at Shelby ville, I can prove the truth of the answer, by the record that it was taken, not by me, but by a different attorney; and that it remains apparently unsatisfied. By Wil- liam F.Thornton of Shelbyville, Illinois, that he is the father-in-law of the debtor — that the debtor has gone to California; and that he left this, among others, as an unpaid debt, which he desired the witness to com- pound for him if he could. All this I can prove ; but without a Bill of particulars, it seems to me, it will not meet the case. Can they not be ruled to give a Bill of parti- culars f This matter harrasses my feelings a good deal ; and I shall be greatly obliged if you will write me immediately, under cover to Mr. Edwards at Springfield^ Ills — telling me first, when is the next term of your 23 Abraham Lincoln, Defendant court ; and second, whether I can or can not have a bill of particulars. Yours truly A. Lincoln. Apparently at this time, Lincoln and his attorney were both unaware that plaintiffs had already filed an exhibit which doubtless was intended as a bill of particulars. This exhibit, filed August i oth, is a statement of account as follows : To Claims sent A. Lincoln for Collection. 1841 June 17. H. E. Dummer- Blain, Tompkins & Barrett Claim, amt $ 1 29.05 1843 Dec 8 Amt of claim on Hawley & Edwards for cotton yarns sent them for sale, proceeds. $343.49 ?47 2 -54 Under the pleadings, the burden of proof was on the plaintiffs and, as Lincoln aptly observed, it was not his duty first to 24 Abraham Lincoln, Defendant disprove the allegations of the petition. No doubt, a motion to dismiss for want of pros- ecution would have been sustained by the Court, but this was not Lincoln's way of winning the suit. He would not rely on technicalities when his honor and integrity had been assailed. The record must show a complete refutation of the charge. Since no effort had been made by plaintiffs to obtain a trial during the June and August terms, it was necessary for Lincoln to assume the burden of proof which he did on Septem- ber 22, 1853, by having the following no- tice to plaintiffs issued through his attorney : Messrs. Oldham & Hemingway, survivors of Oldham, Todd & Co. Gentlemen : Take notice that I will take depositions to be read by me in the suit now pending in the Fayette Circuit Court, wherein you are plaintiffs & I am defendant with others, 25 Abraham Lincoln, Defendant at the following times & places, to-wit : At the office of the Clerk of the Circuit Court of Sangamon County, Illinois, in Spring- field on the i 2 day of Nov'r next, at which place I will take the deposition of I. T. Stewart & others — At the office of the Clerk of the Cass Circuit Court in the town of Beardstown, County of Cass, State of Illinois, on the 15th of Nov'r, 1853, at which place I will take the deposition of H. E. Dummer & others — At the office of the Clerk of the Circuit Court of Shelby County in the town of Shelby ville, in said County, State of Illinois, on the 8 th of Nov'r, 1853, at which place I will take the depositions of William F. Thornton & others — Abm. Lincoln. Sep. 22, 1853. This notice was duly served as the official return shows : 26 l^u '/C^jw <7f^^e^ ^ ^ *h«^e~ fflr-<^ sYc * \ jL^tXt ■f* r> *~frd~ > ~-*?. fL^-*-* £+^u a^r^um^ &-~>~~*» J? t^>L&e, /^SJLju vU^i^zzz^^ /^ •<$p-j£ — ^cm^AT j^Cc^C ^^^L,^ t?^C~ .t^L sstfzr^CjrvJ^^p. /fi^~-, ^^/C^u, 7 -***c*J ^yC £&> cr^&-c^> *r/* f?£> /&Jk^fo try*? £*& w£^0_ lr^ UUrvU^^A^/3 m ?£*^^ } &~^c tzg feu &^c ^- ^fi^f^*- /^y A^ ^ Abraham Lincoln, Defendant and has been so engaged for about sixteen years ; that he knew the firm of Thornton & Basye, formerly doing business at that place and that in the latter part of i 84 1 , or beginning of 1 842, Rankin & Edwards of Springfield placed in deponent's hands for collection a note, dated March 7, 1840, executed by Thornton & Basye to Rankin & Edwards for $5 97.00, due nine months from date; that said note is now in his possession and has been all the time since it was placed with him for collection. He states that he had been able to collect on this note only $45.00, five of which he retained as a fee and the balance of $40.00 he had turned over to N. W. Edwards of the firm of Rankin & Edwards ; that suit was never instituted on said note because Thornton until the time of his death had been wholly insolvent and that Basye had no property subject to execution from 1841 to 1849, 29 Abraham Lincoln, Defendant at which time he went to California per- manently to live ; and that William F. Thorn- ton, father-in-law of Basye and who is absent from the State at the time this deposition is taken, had attempted to compound the debt. Deponent is "certain the defendant Lincoln has never had anything to do with said note." The deposition of Ninian W. Edwards of Springfield states that Robert S. Todd, one of the firm of Oldham, Todd & Co., placed in the hands of Rankin & Edwards, of which firm deponent was a member, cotton yarns to sell on credit or for cash for said Oldham, Todd & Co.; that on March 7 th, 1 840, they sold to Thornton & Basye, of Shelby ville, Illinois, cotton yarns amount- ing to $5 97.00, for which the purchaser's note was taken, due in nine months. He states that the note was held until the latter part of 1 841 or the beginning of 1842, 3° Abraham Lincoln, Defendant when it was placed in the hands of Anthony Thornton, a lawyer of Shelby ville, for collec- tion ; that the collection of forty dollars made by Thornton and received by deponent on April 14, 1842, was paid for Robt. S. Todd on a note executed by Todd to Na- thaniel A. Ware ; that sometime thereafter, Robert S. Todd had told deponent that he had given to A. Lincoln " what he could make out of said debt "and had also informed him that he had given Lincoln a debt in the handsof H. E. Dummerof Beardstown ; that neither the deponent nor any member of his firm, so far as he knows, ever paid Lincoln any money whatever belonging to Oldham, Todd & Co., and that he had examined the books of the firm which showed no entry of any such payment. So far as he knows or believes Lincoln never received any money on the Thornton, Basye note at Shelbyville, as debtors were insolvent from the begin- 3 1 Abraham Lincoln, Defendant ning of i 842. Deponent states that he is a defendant in the same suit with Lincoln, but in a " distinct claim " and has " no interest whatever in the claim on which said Lincoln is sued." The deposition of Eliphalet B. Hawley of Springfield, states that deponent is a member of the firm of Hawley & Edwards, successors to Rankin & Edwards, and had been a clerk in the old firm prior to buying Mr. Rankin out in 1 84 1 ; that he knew the defendant Lincoln personally and the Old- ham, Todd Company of Lexington, Ky. by reputation ; that he had heard the deposi- tion of N. W. Edwards read and that his statements therein as to the Shelbyville debt were correct ; and that neither he nor his firm, nor any other person, so far as he knew, had ever paid Lincoln " any money belonging to said Oldham, Todd & Co. on any account whatever." 32 Abraham Lincoln, Defendant The deposition of Henry E. Dummer of Beardstown, Illinois, states that he has been a practicing attorney at that place since 1837; that he had been slightly acquainted with Robert S. Todd and had known the de- fendant Lincoln for many years; that Mr. Todd had placed in his hands for collec- tion a note dated May 28, 1 84 1 , executed by Robert Lindsey to Oldham, Todd & Co. in the sum of $ 1 3 4. 2 1 , due one day after date ; that he sued on said note and obtained judgment thereon Oct. 12, 1 841, in the Cass Circuit Court; that Lindsey was in " desperate circumstances as to his pecuni- ary affairs" and that deponent was able to realize on said judgment in 1845, on ty the sum of $50.00, which was obtained through the sale of a title bond belonging to Lindsey ; that, as directed by Robert S. Todd, deponent paid the $50.00 to A. Lincoln in 1846; that his recollection of 33 Abraham Lincoln, Defendant the amount is clear and distinct and that nothing further was ever paid on said debt, Lindsey dying at Beardstown in August, 1846, utterly insolvent. He states positively that this is the only claim he ever had in his hands at any time belonging to the said Oldham, Todd & Co. These four depositions, constituting the proof for the defendant and fully support- ing the allegations of Lincoln's answer, were filed in the Fayette Circuit Court on the twenty-third day of November, 1853, and on January 16, 1854, plaintiffs filed a mo- tion to dismiss the case, which was done at their cost, on February 10,1854, when the next term began. Lincoln's last two letters to Mr. Kin- kead on this subject illustrate that generous quality of mind and heart which made him so deeply sensible of every obligation. 34 Abraham Lincoln, Defendant Springfield, Ills. March 31, 1854. Mr. George B. Kinkead, Esq. Dear Sir: Your note of January 1 st, informing me that Messrs. Oldham & Hemingway had dismissed their suit against me, was duly received. I write this now merely to say that I expect and desire you to be paid a sepa- rate fee for your attention to that suit; and to authorize you to retain what you shall deem reasonable on that account, out of any money of mine which is or may come into your hands. If nothing further for me is, or is likely to be in your hands, write me and I will forward you the amount. Very truly yours &c, A. Lincoln. 35 Abraham Lincoln, Defendant Springfield, Ills. June 1 6, 1854. George B. Kinkead, Lexington, Ky. Dear Sir: — Your letter of the 8 th inst, to N. W. Edwards, enclosing a draft of between two and three hundred dollars (I write from memory only as to the amount) reached me here a day or two since, and was, in Mr. Edwards' absence, taken from the P. Office and opened by his brother. It was shown to me this morning and will be kept at the store of which Mr. Edwards is a partner until his return, which will be about six weeks hence & when, doubtless, he will write you. I ran my eye over the contents of your letter & only have to say you do not seem to compensate yourself very liberally for the separate service you did for me. Yours truly, A. Lincoln. 36 Abraham Lincoln, Defendant Thus the most vexatious experience of Lincoln's picturesque career as a lawyer came to an end. Complete vindication was his. The charge of dishonesty and profes- sional misconduct, which must have cut deeply the sensitive soul of that tall, gaunt man who long ago had earned the sobri- quet of " Honest Abe," was silenced for- ever. And in the calm, dignified, yet prompt and vigorous defense of his own good name one may catch a glimpse of the abiding faith that " right makes might " which saved the Union and made the name of Abraham Lincoln immortal. APPENDIX Ninian W. Edwards married Elizabeth Todd, oldest sister of Mary Todd Lincoln. It was while on a visit to this sister at Springfield that Mary Todd met Abraham Lincoln and at the Edwards home they were married on the evening of No- vember 4, 1842. Probably no other man knew Lincoln so long and so intimately as did Ninian W. Edwards. His answer filed in the lawsuit in which he was a co-defendant with Lincoln may be of interest. Fayette Circuit Court State of Kentucky. Edward Oldham & Thos. Hemingway, ^ Surviv'g partners of > Plaintiffs. Oldham, Todd & Co. J vs. Abraham Lincoln & 1 ~ r , xt- m uj j f Defendants. Ninian W. .hdwards j The Respondent, Ninian W. Edwards, being duly sworn in answer to the Plaintiffs petition states according to his best recollection, that the plaintiffs never did pay for the defendant the sum of $9. or any other sum for freight, for the 39 Appendix use or benefit, or by the request of said Respond- ent for the benefit of any one else, nor did this Respondent ever know that said Plaintiffs had any such charge against him — that he is con- fident he never requested said plaintiffs or either of them to make said payment for him. This Respondent demands of said Plaintiffs a bill of particulars showing the date and for what pur- pose said money was paid. This Respondent by way of further answer, copies the following extract of a letter bearing date Aug. 1 5th, 1 840, and written by R. S.Todd one of the partners at that time of Oldham, Todd & Co. " I have this day forwarded to Heran & Lees of Louisville 5 bales cotton yarns cont'g 280 doz each, which I have directed to forward to your care. I design 3 of those bales for the bene- fit of my daughter Frances Wallace and 2 for the benefit of Mary from whom I rec'd a letter this morning dated at Columbia, Mo : You can defray the charges of transportation from Louis- ville (to which place I have paid it) and charge them for it to your place. ,> These bales of cotton were the only articles according to this Respondent's recollection, 40 ^^^/^^ Ct 2 F :' ^v ,^- ^•*3^\ Ys-tZZtf rf c >*w^ •**>-< -«*_<*-<«J- OZ^«.<- ^ fe ,*Z*tU. ?^L<*1 f£- f£ ^^ *f^<^<^ rW^^ /<^^^ , /f^ (Ucl^. CU^^t^o C^ni^iA^aO CK^tt Ot^c&C^ o-aJlZ~ a ' Appendix that were directed to him by either of said firm from Lexington ; that he disposed of the same according to the directions of said R. S. Todd for the benefit of said Frances & Mary, sisters of the wife of this Respondent. Ninian W. Edwards. State of Illinois ) y ss City of Springfield ) I, Thomas G. Taylor, Commissioner of the State of Kentucky to take the acknowledgement of Deeds and other writings duly appointed and commissioned by the Governor thereof do cer- tify that the foregoing answer of Ninian W. Edwards was this day presented to me in my office in Springfield by the said Ninian W. Ed- wards and the said Edwards subscribed and made oath to the said answer which is hereby certified and this certificate is in accordance with the in- structions of the Governor of the State of Ken- tucky. Given under my hand this 23rd day of May, a.d. 1853. Thomas G. Taylor, Commissioner.