Results 24 entries found

Monday, May 2, 1853.+-

Pekin, IL.

Tazewell Circuit Court convenes. Lincoln, Jones, and Saltonstall, representing defendant in Crabb & Walls v. Wallace, before court September 15, 1852, enter motion to quash writ issued for want of declaration filed in season. Lincoln files defendant's plea in Smith v. Parmelee. Record; Photocopy.

Tuesday, May 3, 1853.+-

Pekin, IL.

Motion entered yesterday in Crabb & Walls v. Wallace is argued and denied. Hamilton v. Pekin, Illinois, and Atchinson for use of Allen v. Pekin, Illinois, before court September 22, 1852, are dismissed by agreement. In Harris Lime Rock Co. v. Harris, defendant defaults. Lincoln and Briggs are attorneys fo plaintiff. Plaintiff's damages are later fixed at $5,000. Record.

Wednesday, May 4, 1853.+-

Pekin, IL.

Moore and Lincoln lose assumpsit suit of Wisner v. T. E. Sawyer & Co. when jury finds for plaintiff in amount of $391.90. Prettyman for plaintiff and Jones and Lincoln for defendant try ejectment case, Reeves v. Wilkey (see May 9, 1853). Defendant in Smith v. Gaines secures rule on Lincoln and Saltonstall to file bond for costs. Record.

Lincoln telegraphs Mason Brayman, Springfield, Illinois Central attorney, that he "cannot go to Jonesboro." Abraham Lincoln to Mason Brayman, 4 May 1853, CW, 2:194.

Thursday, May 5, 1853.+-

Pekin, IL.

Defendant in Smith v. Gaines files plea of not guilty but Lincoln and Saltonstall win case when jury finds for plaintiff and assesses his damages at $100. Suit is action for trespass. Record.

Friday, May 6, 1853.+-

Pekin, IL.

Motions or pleas are filed in three cases in which Lincoln is retained—Kellogg v. Flint, Snell v. Ludwig et al., and Ruble v. Cashman—but none comes to trial. Record.

Saturday, May 7, 1853.+-

Pekin, IL.

Lincoln for plaintiff in Ruble v. Cashman, appeal, agrees to continuance. Record.

Monday, May 9, 1853.+-

Pekin, IL.

Lincoln and Parker win Crittenden v. Sweeney, trover and conversion, when jury finds for plaintiff in sum of $300. Reeves v. Wilkey, tried on 4th, is decided in favor of plaintiff. Third case is settled by agreement. With important rape case coming on for trial, court orders Lincoln to act as prosecutor for remainder of term. Record.

He writes indictment of Thomas Delny for rape, signing "Lincoln atty Pro tem." Indictment, May 1853, Tokyo Lincoln Center, Meisei University, Tokyo, Japan.

Tuesday, May 10, 1853.+-

Pekin, IL.

Lincoln is prosecutor in People v. Delny. Defendant Thomas Delny is accused of raping seven-year-old girl. Jury brings in verdict of guilty and court sentences accused to penitentiary for 18 years. Order, 10 May 1853, General Record F, 547-48, Tazewell County Circuit Court, Tazewell County Courthouse, Pekin, IL.

"A mob came very near getting possession of the base wretch and hanging him." Illinois State Register, 14 May 1853, 3:1.

In Crabb & Walls v. Wallace, jury finds defendant, Lincoln's client, not guilty of detaining plaintiff's cattle. Record.

Wednesday, May 11, 1853.+-

Pekin, IL.

Fuller, attorney for plaintiff in Smith v. Parmelee, enters nonsuit. Lincoln is attorney for defendant. Record.

He writes and files defendant's affidavit in Flint v. Kellogg, and writes court decree in Jennings v. Woodford County, Illinois. Photocopy.

Thursday, May 12, 1853.+-

Pekin, IL.

In Chapman v. Durham & Durham, Lincoln secures decree of foreclosure to satisfy debt of $149.40. Decree is in his handwriting. He also writes court order in Doolittle et al. v. Reeves et al., chancery. Herndon-Weik Collection, Library of Congress, Washington, DC; Record; Photocopy.

Lincoln writes to Joshua R. Stanford regarding conveyance of two lots, holders of which are in danger of losing title unless Stanford's testimony will show that he made conveyance as attorney for former owner and accounted for proceeds of sale. Abraham Lincoln to Joshua R. Stanford, 12 May 1853, CW, 2:194.

Friday, May 13, 1853.+-

Pekin, IL.

Lincoln is for defendant in Prettyman v. Stoltz, which is continued on plaintiff's motion. In Hatch v. Preston and Wightman he writes bill of evidence and exceptions, has Judge Davis sign, and court adjourns. Record; Photocopy.

Monday, May 16, 1853.+-

Pekin, IL.

[DeWitt Circuit Court begins its session at Clinton.]

Tuesday, May 17, 1853.+-

Clinton, IL.

Stuart and Moore, for defendant, move to dismiss Barger v. Illinois Central RR, appeal from assessment for damages for right of way. Lincoln and Swett, for plaintiff, resist motion, and it is overruled. Record.

Thursday, May 19, 1853.+-

Clinton, IL.

Murder case of People v. Loe comes to trial. Jury brings in verdict of manslaughter against Lincoln's client. Court sentences him to eight years in Alton penitentiary, three months to be served in solitary confinement and remainder at hard labor. Record.

[Four years later (August 18, 1857) Lincoln writes petition for pardon. Endorsement on Petition for Pardon of Moses Loe, [18 August 1857], CW, 2:414.]

Friday, May 20, 1853.+-

Clinton, IL.

Lincoln and Clifton H. Moore represent the defendants in the De Witt County Circuit Court case of McCarrell v. Campbell et al. Plaintiff Andrew McCarrell claims that on May 9, 1852, defendants Charles Campbell, Greenberry Campbell, William Campbell, and Robert Crawford, "with great force and violence" beat and kicked McCarrell leaving him "greatly hurt, bruised and wounded." McCarrell's injuries "hindered and prevented [him] from performing and transacting his necessary affairs." McCarrell seeks $3,000, in damages. A jury finds the defendants guilty and it awards McCarrell $50. Declaration, filed 9 April 1853, McCarrell v. Campbell et al.; Order, 20 May 1853, McCarrell v. Campbell et al., Chancery Record 1A, 493; Jury Verdict, filed 20 May 1853, McCarrell v. Campbell et al., all in De Witt County Circuit Court, De Witt County Courthouse, Clinton, IL.

In Titus E. Sawyer & Co. v. Hayworth et al., agreed judgment for $117.82 is entered for plaintiff, their client. Case is action in assumpsit. Record.

Saturday, May 21, 1853.+-

Clinton, IL.

In Harrold v. Montgomery et al., Moore, for defendants, files exceptions to complainants' depositions. After argument, exceptions are sustained. Lincoln and Gridley appear for complainants. Lincoln argues against motion by defendant to dissolve injunction in Smallwood et al. v. Allen. It is overruled. (See 18 October 1853, 21 October 1853.) Record.

Monday, May 23, 1853.+-

Decatur, IL?

On motion, Post and Lincoln, attorneys for John Hanks, plaintiff, in Hanks v. Hanks, trespass, are given leave to amend their declaration. Record.

[Champaign Circuit Court convenes at Urbana.]

Tuesday, May 24, 1853.+-

Urbana, IL.

Lincoln writes plaintiff's affidavit in Strong et al. v. Thomas et al., and lists 47 heirs in case. Photocopy.

[In Decatur, Brown v. Peck & Peck is settled without trial. Lincoln's name on docket as defendants' attorney is crossed out and replaced by Thorpe, indicating that Lincoln is not present. Record.

Wednesday, May 25, 1853.+-

Urbana, IL?

[Record of this term of Champaign Circuit Court does not give specific dates for various cases. Among other cases, he represents plaintiff in Illinois Central RR v. McGinnis, appeal. Jury awards defendant $37.50 for damages sustained by construction of roadbed over his lands. (See June 4, 1853.) Record.

Thursday, May 26, 1853.+-

Danville, IL.

In evening Lincoln receives letter from G. B. Kinkead of Lexington, Ky., forwarded from Springfield by N. W. Edwards, which informs him that Oldham & Hemingway, surviving partners of Oldham, Todd & Co. of Lexington, have entered suit against Lincoln, Edwards, and Kinkead in Fayette Circuit Court, Ky. Their charge against Lincoln is that he failed to account for $472.54 he collected for them. Abraham Lincoln to George B. Kinkead, 27 May 1853, CW, 2:194-95.

Friday, May 27, 1853.+-

Danville, IL.

Vermilion Circuit Court begins its session. Lincoln writes to Kinkead in great indignation over Oldham & Hemingway suit: "I herewith inclose my answer. . . . I ask the Petitioners to be ruled to file a bill of particulars . . . to enable me to absolutely disprove the claim. . . . I know it is for them to prove their claim . . . but I am unwilling to trust the oath of any man, who either made or prompted the oath of the Petition." He writes and swears detailed answer to plaintiffs' petition. Abraham Lincoln to George B. Kinkead, 27 May 1853, CW, 2:194-95; Answer to Petition of Edward Oldham and Thomas Hemingway, 27 May 1853, CW, 2:195-97.

Lincoln has several cases in court; all are dismissed or continued. Record.

Saturday, May 28, 1853.+-

Danville, IL.

Lincoln and Lamon, representing defendants, lose three suits. In Phelps v. Benedict, appeal, plaintiff is awarded $38.75 damages; in Prather v. Strain, also appeal, damages are $7; in People v. McCardle et al., jury finds defendants guilty of petit larceny and court fines them $5 each. Two other cases are continued and one is settled by agreement. Record.

Monday, May 30, 1853.+-

Danville, IL.

In Maddox v. Courtney et al., assumpsit, court renders judgment for plaintiff for $118.05, amount of his note, principal and interest. Lincoln and Lamon represent defendant. Court affirms judgment of lower court in Furrow for use of Robinson & Chenowith v. Barkman, and awards plaintiff $43.89. Lincoln and Lamon are his attorneys. Record.

Tuesday, May 31, 1853.+-

Danville, IL.

In Campbell v. Smith, trespass, Lincoln, signing "Benedict, Lincoln & Lamon," writes and files replication to defendant's pleas. Jury finds for plaintiff in amount of $45. Record.

Lincoln writes court order. Photocopy.