Lincoln’s Last Trial – The Murder Case That Propelled Him to the Presidency – By Dan Abrams & David Fisher

Abraham Lincoln is remembered for many things, most notably his presidency, the civil war, and the abolition of slavery. What many may not realize is that Lincoln was an active and seasoned attorney who handled a wide range of cases involving everything from simple civil contract disputes, to complex corporate railroad litigation. It may come as a surprise to learn that Lincoln also served as an attorney for those accused of criminal conduct. Abraham Lincoln was a criminal defense lawyer.In Lincoln’sLastTrial,wefindLincolnfighting forayoungmanaccusedofmurder.

Abraham Lincoln – Criminal Defense Lawyer

Throughout his career Lincoln represented clients charged with a wide range of criminal offenses, including forgeries, rape, attempted murder, murder, and everything in between. Lincoln’s Last Trial takes the reader back to Springfield, Illinois in 1859 and the murder case against Quinn “Peachy” Harrison.

The Facts

Lincoln was retained to represent Mr. Harrison, a young man charged with the murder of another young man, Greek Crafton. It was alleged that Harrison brutally slashed Crafton with a hunting knife during an altercation with Crafton and his brother, while within a small Springfield general store. Crafton had a deep cut in his stomach that went from one side of his body to the other. The wound was gruesome and Crafton’s bowels had to be pushed back into place by a doctor. He was on his death bed in agonizing pain for three days before passing. Harrison was arrested and charged with murder. The prosecution claimed that the act was premeditated and planned by Crafton in advance. If convicted, the sentence was the death penalty, by way of a public execution (hanging). Harrison’s family retained Lincoln to represent him.

The Defense

Harrison claimed he acted in self-defense. He alleged that Crafton and his brother had threatened him on a previous date and that they viciously attacked him within the store. Ultimately, the case would be decided by way of a jury trial with Abraham Lincoln for the defense.

Criminal Procedure

The book is a true story that is primarily told by way of a court reporter’s transcript that was produced during the trial. It is fascinating to observe the many similarities between a modern day criminal case and a criminal case from 1859.

In many respects, the procedures in 1859 were quite similar to those employed today. There was a jury trial with a twelve person panel; over one hundred people were questioned during voir dire, or jury selection; there was a claim of self-defense; there was litigation and pre-trial hearings on issues involving hearsay; there were alleged statements made while on a deathbed; and many other evidentiary issues. However, there were many noteable differences as well. For instance, the law in Illinois at the time restricted those serving on a jury to naturalized white males who were property owning citizens.

Over seventy-five witnesses were subpoenaed and most testified at some point during the pre-trial hearings and trial proceedings. The trial itself carried with it all of the suspense you would expect from a murder case that rocked a very small and tight-knit community, where everyone knew everyone else.

The case involved eyewitness testimony, credibility contests, expert testimony from a doctor, dying declarations, tactical maneuvers by the prosecution and defense, questions from the jury and more.

Abraham Lincoln – Criminal Defense Lawyer

Lincoln’s skill as a trial attorney is exhibited throughout the book. From his storytelling technique, to the manner with which he framed his arguments, it is apparent that he had an extremely persuasive and impactful approach. The book provides anecdotal looks into other cases Lincoln handled, including an interesting story about a women he represented who was charged with the murder of her husband. The book details her apparent escape as a fugitive from justice following her consultation with Lincoln, and some of the rumors that followed. These interludes, as well as anecdotes regarding Lincoln’s law partners and his law office (he didn’t lock the doors, panes of glass were missing, and the office was so cluttered that there was dirt and plants growing in the corner), make for an interesting read.

The book provides profound insight into the legal system and the right to a trial by jury. This trial was late in Lincoln’s career as an attorney and shortly before his nomination as a presidential candidate by the Republican Party in 1860. Like President John Adams before him, one of our nation’s greatest leaders served as a criminal defense lawyer for those accused of the most heinous of crimes.

This murder case was not a singular event for Lincoln. He appeared in approximately twenty-seven murder cases throughout his career as an attorney. In addition to representing the accused in cases, he also served as a prosecutor in others. The book discusses how he was once offered two-hundred dollars to represent a City and prosecute a case against alleged murder suspects. He turned down the offer and instead represented one of the accused for a quarter of that amount.

The role of the criminal defense attorney is as vital to our functioning system of justice as any other role within the system. In order to get the most accurate results, it is imperative that the accused have not just adequate representation, but a skilled attorney who has the time, resource and experience to defend his or her client against the government’s allegations. When prosecutors, defense lawyers, judges, and juries all perform their roles to the best of their abilities and within the bounds of the law, tragic errors are generally minimized, the truth can be determined, and justice can be secured.

Lincoln’s Last Trial is a great read for those interested in the roots of our criminal justice system, American history, Abraham Lincoln and the law.

Reviewed by Attorney Ron Frey

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If you are wondering if you should hire a criminal defense lawyer, that is often a very strong indication that counsel is needed. Before making the decision to hire, The Frey Law Firm offers initial, no-risk, consultation.

Due to a variety of circumstances, people may find themselves wondering if they need to hire a criminal defense lawyer. Typically, the question arises due to an event that causes them a great deal of concern that they may be the subject of a criminal prosecution or investigation by law enforcement. Some of the more common events that can trigger this question are as follows:

• knock and talk (where law enforcement comes to talk to you)
• vehicle pulled over
• search warrant execution
• inquiry by an investigator, either the police or a private investigator
• receipt of a letter from a government agency
• rumors, or second-hand information
• an actual arrest
• charges filed, either by way of an Indictment, Citation, or Complaint
• arrest warrant outstanding

The Sooner, the Better

Generally speaking, the sooner an attorney or law firm gets involved in a situation, the more effective the representation can be for the client. There is perhaps nothing more frustrating to a client than learning that certain things that could have been done, or should have been done, cannot now be accomplished due to the passage of time. Whether it is the preservation of evidence, the ability to identify and interview witnesses, or the opportunity to make strategic decisions that can have a positive impact upon the circumstances going forward, the earlier an attorney gets involved in a matter, the more impact they can potentially have with respect to the overall outcome.

Discretion

There is a great deal of discretion within the criminal justice system. That discretion tends to lessen as a case progresses. For instance, when a person is stopped by a police officer on the side of the road for a speeding violation, the officer may choose to site the driver or give a warning. Similarly, in cases that are under investigation, even situations involving potential felony charges, both law-enforcement and prosecutors have a great deal of discretion as to what charges will be brought, if any at all. If there is any way to avoid a charge, or any steps that can be taken to minimize the exposure, it is imperative that those steps be taken in a timely manner in order to attempt to secure the best possible outcome.

Too often clients come to the law firm and indicate that they were subject to a search warrant sometimes many months, or years, previously. They indicate that they were not arrested or charged at the time of the search warrant execution and hoped it would simply go away. Then, seemingly out of nowhere, they are indicted or charged with a criminal offense. The opportunity between the execution of the search warrant and the filing of the criminal charges to have an impact upon the direction of the case is lost forever. Further, any opportunity to strategize, communicate with law enforcement or prosecutors, prepare a defense, or prepare mitigation is severely limited due to the passage of time and the urgency of the charge now at hand. Do not waste that valuable time.

If you feel that you may need a criminal defense lawyer, it does not make sense to wait. The prudent approach is to contact a criminal defense attorney in order to discuss the situation and determine what steps can or should be taken.

No-Risk Initial Consultation

To better serve our clients, the Frey Law Firm offers a free initial consultation to potential clients and those seeking representation by a Criminal Justice Attorney. In anticipation of representation, the communications are confidential. Tampa Criminal Defense Attorney Frey will explain the confidentiality provisions with you in greater detail. Instead of wondering whether you should hire an attorney or attempting to research your particular situation on the Internet, take the prudent step and contact Attorney Frey for a free initial consultation. We will review the circumstances of your case and advise as to what possible steps may be warranted. In the event the Frey Law Firm is unable to take on your case, we will ensure that we will refer you to other attorneys who may be in a position to assist, or refer you to a lawyer referral service.

Stop worrying. Stop wondering what may or may not happen next. Stop guessing. Take control of the situation and contact The Frey Law Firm for a free initial consultation.