LINCOLN AS A LAWYER

When he returned to active practice he saw at once that the courts had grown more learned and dignified and that the bar relied more upon method and system and a knowledge of the statute law than upon the stump speech method of early days.
Mr. Herndon tells us that Lincoln would lie in bed and read by candle light, sometimes until two o'clock in the morning, while his famous colleagues, Davis, Logan, Swett, Edwards and Herndon, were soundly and sometimes loudly sleeping. He read and reread the statutes and books of practice, devoured Shakespeare, who was always a favorite of his, and studied Euclid so diligently that he could easily demonstrate all the propositions contained in the six books.
Mr. Lincoln detested office work. He left all that to his partner. He disliked to draw up legal papers or to write letters. The firm of which he was a member kept no books. When either Lincoln or Herndon received a fee they divided the money then and there. If his partner were not in the office at the time Mr. Lincoln would wrap up half of the fee in a sheet of paper, on which he would write, "Herndon's half," giving the name of the case, and place it in his partner's desk.
But in court, arguing a case, pleading to the jury and laying down the law, Lincoln was in his element. Even when he had a weak case he was a strong antagonist, and when he had right and justice on his side, as he nearly always had, no one could beat him.
He liked an outdoor life, hence he was fond of riding the circuit. He enjoyed the company of other men, liked discussion and argument, loved to tell stories and to hear them, laughing as heartily at his own stories as he did at those that were told to him.

TELLING STORIES ON THE CIRCUIT.

The court circuit in those days was the scene of many a story-telling joust, in which Lincoln was always the chief. Frequently he would sit up until after midnight reeling off story after story, each one followed by roars of laughter that could be heard all over the country tavern, in which the story-telling group was gathered. Every type of character would be represented in these groups, from the learned judge on the bench down to the village loafer.
Lincoln's favorite attitude was to sit with his long legs propped up on the rail of the stove, or with his feet against the wall, and thus he would sit for hours entertaining a crowd, or being entertained.
One circuit judge was so fond of Lincoln's stories that he often would sit up until midnight listening to them, and then declare that he had laughed so much he believed his ribs were shaken loose.
The great success of Abraham Lincoln as a trial lawyer was due to a number of facts. He would not take a case if he believed that the law and justice were on the other side. When he addressed a jury he made them feel that he only wanted fair play and justice. He did not talk over their heads, but got right down to a friendly tone such as we use in ordinary conversation, and talked at them, appealing to their honesty and common sense.
And making his argument plain by telling a story or two that brought the matter clearly within their understanding.
When he did not know the law in a particular case he never pretended to know it. If there were no precedents to cover a case he would state his side plainly and fairly; he would tell the jury what he believed was right for them to do, and then conclude with his favorite expression, "it seems to me that this ought to be the law."
Some time before the repeal of the Missouri Compromise a lawyer friend said to him: "Lincoln, the time is near at hand when we shall have to be all Abolitionists or all Democrats."
"When that time comes my mind is made up," he replied, "for I believe the slavery question never can be compromised."