Lincoln writes Gustave Koerner: "Yesterday the Judge decided the demurrer against us on all the points. On looking over your memorandum left with me, I find you desire me to 'have the case set for trial as late as I can'—but really I find I have no power [to] set a time for the trial. The opposite party is not here, in person, or by counsel; and the Judge, properly enough, refuses to make a stipulation for the absent party." Abraham Lincoln to Gustave P. Koerner, 20 January 1860, CW, 3:514-15.