Lincoln has two cases in Supreme Court: Laughlin v. Marshall, and Illinois Central RR v. Morrison & Crabtree. First case, which involved two certificates of deposit totalling $1,000, he argues on behalf of Marshall. (Court affirms decision of trial court.) In second case, in which Lincoln and Ficklin appear for railroad, Ficklin makes opening argument. Record; 19 Ill. 390.

Ficklin continues his argument in Illinois Central RR v. Morrison & Crabtree; Green and Constable follow for appellees, and Lincoln concludes for appellants. Case involved right of railroad to restrict its liabiity as common carrier. Supreme Court reverses decision of lower court. Record; 19 Ill. 136.

People ex rel. Lanphier & Walker v. Hatch is argued. Lincoln appears for Hatch. Record.

Lincoln loses case in Supreme Court when motion for mandamus in People ex rel. Billings v. Bissell is refused. Case involved famous McAllister & Stebbins bonds, relator trying to compel governor to issue new bonds covering arrears of interest. Record; 19 Ill. 229.

In U.S. Circuit Court Lincoln argues demurrer in Gilbert v. Rose et al.Record.

Herndon writes Senator Trumbull that he and Lincoln are certain Supreme Court will uphold Gov. Bissell in political reapportionment case. Lyman Trumbull Papers, Library of Congress, Washington, DC.

In the Illinois Supreme Court, the litigants' attorneys begin to argue the appeal case of Sprague v. Illinois River RR et al., a suit that originated in the Cass County Circuit Court. Lincoln & Herndon, and Henry E. Dummer represent Charles Sprague; David A. Smith and Stephen T. Logan are the attorneys for the railroad. Sprague seeks an injunction to prevent Cass County from paying the Illinois River Railroad $50,000 in stock subscriptions approved by the voters. Order, 4 February 1858, Sprague v. Illinois River RR et al., Illinois Supreme Court, Journal Record SC 2nd GD 1855-1864, 149, Illinois State Archives, Springfield, IL; Writ of Injunction, 6 August 1857, Sprague v. Illinois River RR et al., Cass County Circuit Court, box 11, Cass County Courthouse, Virginia, IL; Sprague v. Illinois River Railroad et al., 19 Ill. (1857) 174-83.

Argument in Sprague v. Illinois River RR et al. is continued by Logan and concluded by Lincoln. Lincoln wins case when court reverses McDaniel et al. v. Correll et al., which he tried twice in Sangamon Circuit Court. Stark et al. v. Kester is argued and taken under advisement, while Brundage v. Camp, in which Lincoln appears for Brundage, is reversed and remanded. 19 Ill. 226, 328; 21 Ill. 330.

In U.S. Circuit Court, Lincoln files power of attorney in Millikin & Martin v. Dean & Dalby, and confesses judgment for $3,842.71 and costs. ISLA—Files.

Court affirms decision of Cass Circuit Court in Sprague v. Illinois River RR et al. Six other cases in which Lincoln is concerned are before court, including two not in published reports: Mary Ann Gray v. Matilda French et al. and James Welsh v. William P. Welsh et al. This is last day of Supreme Court term. Record.

Lincoln writes Gillespie again: "Yesterday morning the Court overruled the Demurrer to Hatch's Return in the Mandamus case [People ex rel. Lanphier & Walker, and Walker v. Hatch] . . . so I suppose the matter is ended." He adds that court held that governor had right to scratch off his name as long as bill was in his custody. He also writes to two other lawyers reporting legal victories. He tells Gustave Koerner what judges "unanamously declared," privately, on reapportionment case, and informs Henry E. Dummer of success in Sprague v. Illinois River RR et al.Abraham Lincoln to Joseph Gillespie, 7 February 1858, CW, 2:433; Abraham Lincoln to Gustave P. Koerner, 7 February 1857 [1858], CW, 2:433; Abraham Lincoln to Henry E. Dummer, 7 February 1858, CW, 2:432-33.

In the U. S. Circuit Court, Lincoln & Logan represent the Morgan County Bank in the case of Gale v. Morgan County Bank. The plaintiff Dewitt C. Gale asks the court to grant him a new trial. Gale is suing the bank for $10,000 in damages. He claims that the bank failed to credit his account with deposits he made totaling $4,000. On January 16, a jury found for the bank. Judge Samuel H. Treat advises the parties that he does not have sufficient information to rule on the request for a new trial, and that he will take "time to consider" the motion. Judge Treat then adjourns the court until the next morning. Order, 8 February 1858, Gale v. Morgan County Bank, Record Group 21, General Records, Vol. 1, 297; Narratio, filed 30 May 1857, Gale v. Morgan County Bank, Record Group 21, case file 142; Affidavit of Henry R. Read, 10 June 1857, Gale v. Morgan County Bank, Record Group 21, case file 142; Judgment, 16 January 1858, Gale v. Morgan County Bank, Record Group 21, Vol. 1, 253, all in U. S. Circuit Court, Southern District of Illinois, National Archives and Records Administration, Great Lakes Region, Chicago, IL.

In the U. S. Circuit Court, the defendant James A. Barret asks the court for a continuance in the case of Emmitt v. Barret, a dispute involving a promissory note. Elliott B. Herndon and John A. McClernand represent Barret, and Lincoln, Lucien B. Adams, Thomas H. Lewis, and William H. Herndon represent the plaintiff James Emmitt. The attorneys' arguments on the motion "occupied the time of the court until the hour of adjournment." Judge Samuel H. Treat orders "that the further argument be continued until tomorrow morning." Order, 9 February 1858, Emmitt v. Barret, Record Group 21, General Records, Vol. 1, 298; Declaration, filed 2 January 1858, Emmitt v. Barret, Record Group 21, case file 279, both in U.S. Circuit Court, Southern District of Illinois, National Archives and Records Administration, Great Lakes Region, Chicago, IL.

Lincoln & Herndon have four cases in U.S. Circuit Court. In Emmitt v. Barret, continued from yesterday, court grants continuance (see July 6, 1858). In Lawrence v. Coler, before court January 25, 1858, defendant defaults, and Lincoln & Herndon take judgment for $1,716.72. Two cases are Davis & Co. suits, which court refers to master in chancery. Record.

In S. C. Davis & Co. v. Campbell & Hundley, and S. C. Davis & Co. v. Kinney, referred to master in chancery, master reports indebtedness of $1,077.50 and $1,044.73 respectively. Lincoln & Herndon get court order for foreclosure and sale. Record.

"Mr. Lincoln is now in Chicago," writes John O. Johnson of Springfield to Senator Trumbull, "left here yesterday and will return by Saturday next." Lyman Trumbull Papers, Library of Congress, Washington, DC.

[U.S. Circuit Court denies motion for new trial in Gale v. Morgan County Bank. Record.]

Lincoln talks politics with Norman B. Judd, who has just returned from Washington. "He says Douglas is dead—feels bad, is gloomy, miserable, knows he is lost." Joseph F. Newton, Lincoln and Herndon (Cedar Rapids, IA: Torch Press, 1910), 143.

Judd tells Lincoln that if he wants to be senator, he must personally canvass central Illinois. Judd to Trumbull, 19 April 1858, Lyman Trumbull Papers, Library of Congress, Washington, DC.

Lincoln writes Edward G. Miner recommending G. A. Sutton for superintendent of addition to Insane Asylum. Abraham Lincoln to Edward G. Miner, 19 February 1858, CW, 2:434.

He deposits $344.64 in his account at Springfield Marine & Fire Insurance Co. Marine Bank Ledger.

In Henry B. Rankin's autograph book Lincoln writes: "Today, Feb. 23 1858, the owner honored me with the privilege of writing the first name in this book." He also writes S. C. Davis & Co., St. Louis wholesale merchants, explaining cases in U.S. Circuit Court. Inscription in the Autograph Album of Henry B. Rankin, 23 February 1858, CW, 2:435; Abraham Lincoln to Samuel C. Davis and Company, 23 February 1858, CW, 2:434-35.

Lincoln writes $300 check payable to "Selves" on Lincoln & Herndon's joint account at Springfield Marine & Fire Insurance Co. Original owned by Springfield Marine Bank.

Lincoln pays $8.50 cash on his account at Lewis carriage shop. Obed Lewis Account Books.

Lincoln responds to Mark Carley, who apparently asked Lincoln to speak to Illinois Governor William Henry Bissell about installing Carley as a county judge. In November 1857, Carley ran for the office of county judge in Champaign County amid questions about whether or not he met the minimum residency requirements. Lincoln writes that he spoke to Governor Bissell "to day." Lincoln explains, "[H]e thinks you had no legal residence in the precinct when you were elected; clearly you were not entitled to vote in the precinct, and therefore he thinks you could not be lawfully voted for in it." Abraham Lincoln to Mark Carley, 25 February 1858, CW, 10:28; Our Constitution (Urbana, IL), 7 November 1857, 2:1-3.

In U.S. Circuit Court case of Cochran & Hall v. Camp et al., Lincoln endorses plaintiffs' notice of application for dedimus: "We acknowledge service of the above on this 26 day of Feb. 1858 Lincoln & Herndon for defts who have answered." Files.

John O. Johnson visits office of Lincoln & Herndon and they read letter Johnson has received from Senator Trumbull. Late in 1857 Lincoln hired Johnson as political organizer. Herndon to Trumbull, Lyman Trumbull Papers, Library of Congress, Washington, DC; Abraham Lincoln to Henry C. Whitney, 18 December 1857, CW, 2:428-29.