Lincoln votes for Jonas Whitney, who is defeated 195 to 133 in special election for justice of peace to fill vacancy caused by resignation of Marvellous Eastham. William Lavely is elected; Thomas P. Peters receives 90 votes.Election Returns.

Debate begun Saturday is concluded by May and Thomas.Sangamo Journal, 15 May 1840.

Lincoln participates in one case on the third day of the Clark County Circuit Court. In the debt case of January for use of Stettinius & January v. Archer, Lincoln represents Joseph Stettinius and Derrick A. January. The defendant William B. Archer defaults, and Judge William Wilson rules in favor of Stettinius & January for the amount of the debt plus damages, a total of $6,277.33.Judgment, 4 May 1842, January for use of Stettinius & January v. Archer, Circuit Court Record E, 287-88, Clark County Circuit Court, Clark County Courthouse, Marshall, IL.

[Piatt Circuit Court convenes at Monticello.]

[Piatt Circuit Court convenes at Monticello.]

In People v. Lane et al. jury finds defendants guilty of larceny. They are later sentenced to three months and fined $30 each. Case is brought to Menard County on change of venue from Sangamon. Lincoln appears for defendants. Instructions to jury are in his handwriting. Stuart, attorney for plaintiff, dismisses Shipley v. Thomas. Lincoln and Logan represent defendant. Record; Photocopy.

Lincoln participates in debate on proposal to pay regiment of Texas volunteers for horses lost during campaign. Volunteers are not allowed compensation for lost horses, and he opposes preferential treatment for Texas regiment. He votes against motion to refer bill to raise ten additional regular regiments to Committee of Whole. Motion is defeated.Globe; Remarks in United States House of Representatives Concerning Payment of Texas Volunteers, 4 May 1848, CW, 1:468-69.

[Mrs. Lincoln buys linen braid and black thread (39¢). Irwin Journal.]

In the Piatt County Circuit Court, Lincoln and Charles Emerson represent plaintiff Eliza K. Thorpe, who seeks a divorce from Moses Thorpe in the case of Thorpe v. Thorpe. Moses Thorpe files an answer to the bill for divorce and asserts that he is not an abusive husband. Moses charges Eliza with, among other things, being verbally abusive and taking money without permission. Lincoln and Emerson file a replication to the answer that denies Moses Thorpe's allegations. Lincoln and Emerson apply to the court for support for their client while her suit is pending. Judge David Davis hears both sides argue the merits of the application and rules in favor of Eliza Thorpe. Judge Davis orders Moses Thorpe to pay the circuit clerk $25 within thirty days and an additional $35 within ninety days for Eliza Thorpe's support until the next term of court. Lincoln represents defendant Samuel L. Swords in the appeal case of Rarey v. Swords, a dispute involving the construction of a log cabin. The court calls a jury, and both sides make their arguments. The jury finds in favor of Rarey and awards him $12. Judge Davis orders each of the litigants to pay half of the $43.91 in court costs. Answer, 4 May 1852, Thorpe v. Thorpe, case file, box 28; Affidavit of Moses Thorpe, 4 May 1852, Thorpe v. Thorpe, case file, box 28; both in Menard County Circuit Court, Menard County Courthouse, Petersburg, IL; Replication (copy), filed 4 May 1852, Thorpe v. Thorpe, copy files, Henry Horner Lincoln Collection, IHi, Springfield, IL; Judgment, c. May 1852, Thorpe v. Thorpe, Court Record B, 230; Judgment, 4 May 1852, Rarey v. Swords, Court Record B, 229, both in Piatt County Circuit Court, Piatt County Courthouse, Monticello, 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.

Although he signs Bush and Gridley as defendants' counsel, Lincoln writes and files plea in Pearl & Pearl v. Graham et al. Plea alleges that trespass complained of was against common disorderly house in which "drunkenness, idleness, quarrelling, profane swearing, obscenity" and other offenses were permitted, and that in forcibly destroying liquors defendants did no more than was necessary or lawful. Record; Files.

In Brown et al. v. Ayers et ux., Lincoln writes defendant's affidavit and order of court. Herndon-Weik Collection, Library of Congress, Washington, DC.

Sensational case of Pearl & Pearl v. Graham et al., which commenced in Tazewell Circuit Court year previous, is concluded. Plaintiffs drop case as to four defendants. Remaining 17 defendants stand trial with Lincoln as their attorney. Jury finds six guilty and assesses plaintiffs' damages at $50. Others are found not guilty. Record.

Lincoln writes and files affidavit of Benjamin Kellogg Jr. in Flint v. Kellogg et al. He writes for complainant lengthy bill in Harris Lime Rock Co. v. Harris et al.Photocopy.

[Mrs. Lincoln buys and charges at Smith's three kinds of cloth ($14.05). Pratt, Personal Finances, 156.]

Committee of Maryland Legislature waits upon President during morning to protest military occupation of state. He informs committee that public interest and not any spirit of revenge will actuate his measures. Baltimore Sun, 6 May 1861; Reply to Committee from Maryland Legislature, 4 May 1861, CW, 4:356.

Gen. Benjamin F. Butler interviews President by invitation, to discuss military situation at Baltimore and Gosport Navy Yard, Va. Butler, Correspondence, 1:64.

President receives news that Confederates have evacuated Yorktown, Va. Nicolay to Bates, 4 May 1862, John G. Nicolay Papers, Library of Congress, Washington, DC.

President Lincoln writes to Dorothea L. Dix, who supervises the corps of U.S. Army nurses. Lincoln consults Dix regarding Nurse Rebecca R. Pomeroy, who assisted the Lincolns following the recent death of their son, Willie. Lincoln explains, "Mrs. [Elizabeth] Edwards (Mrs. L's sister) was suddenly called home to-day by sickness in her own family. Mrs. Pomeroy is now at the White-House, and Miss Dix' permission for her to remain two weeks, or any shorter time, if so long is not possible, would greatly oblige Mrs. L. and the President." Abraham Lincoln to Dorothea L. Dix, 4 May 1862, CW, 10:132; Anna L. Boyden, Echoes From Hospital and White House: A Record of Mrs. Rebecca R. Pomroy's Experience in War-Times (Boston, MA: D. Lothrop and Company, 1884), 77-79.

Sec. Welles meets President in afternoon at War Dept. where they await news from Chancellorsville, Va. Welles, Diary.

"We [includes President] have been in a terrible suspense here for two days as the result of a battle which Joe Hooker is fighting on the Rappahannock." Nicolay to Bates, 4 May 1863, John G. Nicolay Papers, Library of Congress, Washington, DC.

Lincoln telegraphs Hooker 3:10 P.M.: "We have news here that the enemy has reoccupied heights above Fredericksburg. Is that so?" Abraham Lincoln to Joseph Hooker, 4 May 1863, CW, 6:196.

Richard H. Dana, U.S. district attorney in Massachusetts, calls on Lincoln again after one year and finds him "sober, wise, thoughtful, good decisions but having constant failures in administration." Don C. Seitz, Lincoln the Politician: How the Rail-Splitter and Flatboatman Played the Great American Game (New York: Coward-McCann, 1931), 414.

L. E. Chittenden reports to President at 7 P.M. on terrible condition of exchanged prisoners. Lucius E. Chittenden, Recollections of President Lincoln and his Administration (New York: Harper, 1891), 323-38.

Lincoln writes Gen. Sherman at Chattanooga to do anything he can consistently with military operations for suffering people in Nashville area. Abraham Lincoln to William T. Sherman, 4 May 1864, CW, 7:330-31.

Writes check for $2.50 to Franklin and Co., opticians, 244 Penn. Av. NW. CW, 8:541.