LINCOLN, Abraham, President. Autograph document signed ("Ficklin & Lincoln"), a motion on behalf of the defendant in the case of "Sarah Alsop vs. John Sturgeon," COMPRISING SOME 130 WORDS IN LINCOLN'S HAND, [Shelby County, Illinois], [May 1850]. 1 page, folio, small triangular piece cut from blank left-hand margin, verso with early notes, otherwise in good condition. [ With :] LINCOLN, A. Autograph document unsigned, comprising attorney's instructions to the jury, apparently in the same case, COMPRISING SOME 180 WORDS IN LINCOLN'S HAND, [Shelby County, Illinois], [23 May 1850]. 1 page, folio, on pale blue paper. A LAST-DITCH DEFENSE FOR A MAN ACCUSED OF CALLING A WOMAN A WHORE An unusual and interesting pair of documents, both entirely in Lincoln's hand, recording the frontier case of Sarah Alsop vs. John Sturgeon. In the lawsuit, Lincoln teamed up with Ficklin, a local attorney, to defend Sturgeon, who was accused by Sarah Alsop of having slandered her by calling her "whore" while in conversation. The first document comprises Lincoln's instructions to the jury, and the second the motion by which Lincoln requests a suspension of judgement for technical objections to the verdict. In his jury instructions, Lincoln asks the judge to "instruct the jury: That the boy is the only witness who testifies to the words as charged in the case; and that unless they believe him, they can not properly find for the plaintiff," and that "unless they believe the word 'whore' was used by the defendant in the conversations testified to by the boy, they can not find for the plaintiff." Additionally, Lincoln writes, "if, in their judgement, the evidence is no more than ballanced [ sic ], as to whether the word 'whore' was used, by the defendant in those conversations, they are to find for the defendant, a preponderance of evidence in favor of the plaintiff being necessary to authorize the jury to find for her." Finally, he concludes, the jury, "if they believe the words were spoken as testified to by the boy, still, if they also were spoken through mere heat of passion, they are to find for the defendant." Apparently, the jury did believe the sole witness, and the verdict went against Lincoln's and Ficklin's client. In the second document, they move on the basis of certain technical issues to have the judgement against their client suspended. The document, entirely in Lincoln's clear hand, is boldly headed at top: "Sarah Alsop vs. John Sturgeon In Slander." Lincoln writes: "And now comes the defendant and enters his motion in Arrest of Judgement herein." Three numbered points follow: "1st. Because each and all counts of the declaration charge that at the time of speaking the words the plaintiff was an unmarried woman; and that the defendant, by the words, imputed to her the crime of Adultery, whereas an unmarried woman can not be guilty of Adultery. 2nd. Because the jury, by their verdict, did not find upon the issue joined on the plea of 'Not guilty - within one year of the commencement of the suit.' 3rd. Because there is no finding of the jury on one of the issues in the cause." Whether Lincoln and Ficklin's eleventh-hour maneuver succeeded or did not is unrecorded. (2)
LINCOLN, Abraham, President. Autograph document signed ("Ficklin & Lincoln"), a motion on behalf of the defendant in the case of "Sarah Alsop vs. John Sturgeon," COMPRISING SOME 130 WORDS IN LINCOLN'S HAND, [Shelby County, Illinois], [May 1850]. 1 page, folio, small triangular piece cut from blank left-hand margin, verso with early notes, otherwise in good condition. [ With :] LINCOLN, A. Autograph document unsigned, comprising attorney's instructions to the jury, apparently in the same case, COMPRISING SOME 180 WORDS IN LINCOLN'S HAND, [Shelby County, Illinois], [23 May 1850]. 1 page, folio, on pale blue paper. A LAST-DITCH DEFENSE FOR A MAN ACCUSED OF CALLING A WOMAN A WHORE An unusual and interesting pair of documents, both entirely in Lincoln's hand, recording the frontier case of Sarah Alsop vs. John Sturgeon. In the lawsuit, Lincoln teamed up with Ficklin, a local attorney, to defend Sturgeon, who was accused by Sarah Alsop of having slandered her by calling her "whore" while in conversation. The first document comprises Lincoln's instructions to the jury, and the second the motion by which Lincoln requests a suspension of judgement for technical objections to the verdict. In his jury instructions, Lincoln asks the judge to "instruct the jury: That the boy is the only witness who testifies to the words as charged in the case; and that unless they believe him, they can not properly find for the plaintiff," and that "unless they believe the word 'whore' was used by the defendant in the conversations testified to by the boy, they can not find for the plaintiff." Additionally, Lincoln writes, "if, in their judgement, the evidence is no more than ballanced [ sic ], as to whether the word 'whore' was used, by the defendant in those conversations, they are to find for the defendant, a preponderance of evidence in favor of the plaintiff being necessary to authorize the jury to find for her." Finally, he concludes, the jury, "if they believe the words were spoken as testified to by the boy, still, if they also were spoken through mere heat of passion, they are to find for the defendant." Apparently, the jury did believe the sole witness, and the verdict went against Lincoln's and Ficklin's client. In the second document, they move on the basis of certain technical issues to have the judgement against their client suspended. The document, entirely in Lincoln's clear hand, is boldly headed at top: "Sarah Alsop vs. John Sturgeon In Slander." Lincoln writes: "And now comes the defendant and enters his motion in Arrest of Judgement herein." Three numbered points follow: "1st. Because each and all counts of the declaration charge that at the time of speaking the words the plaintiff was an unmarried woman; and that the defendant, by the words, imputed to her the crime of Adultery, whereas an unmarried woman can not be guilty of Adultery. 2nd. Because the jury, by their verdict, did not find upon the issue joined on the plea of 'Not guilty - within one year of the commencement of the suit.' 3rd. Because there is no finding of the jury on one of the issues in the cause." Whether Lincoln and Ficklin's eleventh-hour maneuver succeeded or did not is unrecorded. (2)
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