Murder at Ford's Theatre - Margaret Truman [80]
“Pretty passive,” a student said.
“And effective. You can all learn from it. Maybe it’ll head you off from becoming a trial lawyer always jumping up to object, or conducting interminable cross-examinations of witnesses because you like the sound of your own voice, even when it’s obvious you’re turning off judge and jury alike. The fact is, Lincoln focused on what was important. He’d concede six issues but hammer hard at the seventh—because he knew it was the seventh issue that was really important in the jurors’ eyes.”
Smith shifted into an in-depth discussion of some of Lincoln’s more famous cases, which included murder, civil actions, and extensive involvement in litigation between the railroads and municipal and state governments. Lincoln was not, Smith pointed out, a lawyer with a cause. He deftly represented defendants and plaintiffs alike, switching from one side to the other depending upon who paid for his services.
He closed the session with an anecdote about Lincoln’s most celebrated criminal case. The son of a friend had been accused of murdering another man during a religious camp meeting in 1857, and the accused’s mother, Lincoln’s friend, pleaded with him to defend her son. He agreed, and represented the young man, William “Duff” Armstrong, at no fee to the family. The chief witness for the prosecution during the trial was Charles Allen, who claimed to have seen Armstrong strike the victim, causing his death. Although the incident took place at eleven o’clock at night, and Allen admitted to being more than a hundred feet away, he testified under oath that he could see the assault clearly because of a full moon that illuminated the area. During cross-examination, Lincoln had Allen repeat his story numerous times on the witness stand. Then, in a Perry Mason moment, Lincoln produced an almanac from 1857, which showed that the moon had already set on the night in question, provoking loud laughter in the courtroom.
“This was a rare case in which Lincoln became emotional during his closing argument to the jury,” Smith said. “He actually had tears in his eyes as he played on the jurors’ sympathies. It was unusual because Lincoln was known as an attorney who presented low-key closing arguments, clearly stating what facts he knew would lead jurors to the logical conclusion he sought. Of course, Armstrong was acquitted.”
Smith ended the class with, “Thank you for being here this morning. I’d like you to spend some time at Ford’s Theatre before we meet again next Saturday. If you haven’t already done so, time spent in the Lincoln Museum downstairs in the theatre is time well spent. Enjoy the rest of your weekend.”
Klayman approached Smith, who was packing notes into his briefcase, and waited until other students had finished their post-class discussions with the professor.
“Enjoy the class, Detective?” Smith asked.
“Very much. I didn’t realize Lincoln was such a successful lawyer. My study of him has pretty much been limited to his presidency and assassination.”
“That makes sense,” said Smith. “If President Lincoln had had a few good cops protecting him the night Booth decided to kill him, he might have lived.”
“Incredible,” Klayman said, “how little protection there was for him that night. There was only one uniformed cop assigned to protect him—his name was Parker, I think, John Parker—and he left his post just outside Lincoln’s box. And his valet—someone named Forbes-—let Booth into the box because he recognized him as a popular actor. Couldn’t happen today with all the Secret Service surrounding a president.”
“But it has, too many times. You know, of course, that the Secret Service had been established prior to Lincoln being shot, but its duties hadn’t been expanded to protecting presidents.”
“Yes, I did know that. Lincoln hated bodyguards, didn’t he?”
“Evidently.”
“Just a week before he was killed, he was walking down a main street in Richmond, Virginia, without any protection