Wednesday, January
13, 1858.Springfield, IL. | In the
Illinois Supreme Court, William H. Herndon, Lincoln's law partner, argues the
appeal case of People v. Witt et al.
Lincoln & Herndon represent the defendants in the debt case which
originated in the Schuyler County Circuit Court. The Supreme Court will
eventually reverse the lower Court's decision and remand the case back to the
Schuyler County Circuit Court. Order, 13 January 1858, People v.
Witt et al., Opinion Record SC 2nd GD 1861-1864 [CGD], 124, Illinois
Supreme Court, Illinois State Archives, Springfield, IL; People v. Witt
et al.19 Ill. (1857) 169-71. In the U.S. Circuit Court,
Judge Samuel H. Treat impanels a jury to hear the case of
Gale v. Morgan County Bank. Lincoln and
Stephen T. Logan represent the bank, which plaintiff Dewitt C. Gale is suing
for its failure to credit his account properly with some deposits. The trial
proceeds "to the hour of adjournment," and the Court orders that "the further
trial be continued until tomorrow morning." Narratio, filed 30 May 1857,
Gale v. Morgan County Bank, Record Group 21, case file 142;
Order, 13 January 1858, Gale v. Morgan County Bank, Record Group
21, General Records, Vol. 1, 247, both in U.S. Circuit Court, Southern District
of Illinois, National Archives and Records Administration, Great Lakes Region,
Chicago, IL. Lincoln writes to attorneys Usher F. Linder and
Henry P.H. Bromwell, of Charleston, Illinois, regarding the U.S. Circuit Court
case of Shepard v. Walker. In preparation
for the suit, Linder and Bromwell had written to Lincoln and included with the
letter a document that they asked Lincoln to look over and then file with the
court. Linder and Bromwell admitted to Lincoln that they were "not familiar
with the practice in that Court." The attorneys asked Lincoln to make any
needed corrections to the document. Lincoln responds that he "made some little
corrections in the declaration and commenced the suit." He informs Linder and
Bromwell that the court will not hear the case until the "June Term—it
could not be earlier." Lincoln also includes with his letter additional
documents that the court requires with instructions on how to complete them.
Abraham
Lincoln to Usher F. Linder and Henry P. H. Bromwell, 13 January 1858,
CW, 2:431; Henry P.H. Bromwell and Usher
F. Linder to Abraham Lincoln, 11 January 1858, Shepard v.
Walker, Record Group 21, case file 313, U.S. Circuit Court, Southern
District of Illinois, National Archives and Records Administration, Great Lakes
Region, Chicago, IL. |