2018 FAPA President’s book award medalist in the non-fiction adult, biography, and political/current events categories 2018 ISHS Annual Award Winner for a Scholarly Publication
According to conventional wisdom, Abraham Lincoln spent most of his law career collecting debt and representing railroads, and this focus made him inept at defending clients in homicide cases. In this unprecedented study of Lincoln’s criminal cases, George Dekle disproves these popular notions, showing that Lincoln was first and foremost a trial lawyer. Through careful examination of Lincoln’s homicide cases and evaluation of his legal skills, Dekle demonstrates that criminal law was an important part of Lincoln's practice, and that he was quite capable of defending people accused of murder, trying approximately one such case per year.
Dekle begins by presenting the viewpoints of not only those who see Lincoln as a perfect lawyer whose only flaw was his inability to represent the wrong side of a case but also those who believe Lincoln was a less-than-honest legal hack. The author invites readers to compare these wildly different stereotypes with the flesh-and-blood Lincoln revealed in each case described in the book, including an axe murder suit in which Lincoln assisted the prosecution, a poisoning case he refused to prosecute for $200 but defended for $75, and a case he won by proving that a supposed murder victim was actually still alive.
For each case Dekle covers, he first tells the stories of the feuds, arguments, and insults that led to murder and other criminal activity, giving a gripping view of the seamy side of life in nineteenth-century Illinois. Then he traces the course of the pretrial litigation, describes the trials and the various tactics employed in the prosecution and defense, and critiques the performance of both Lincoln and his adversaries.
Dekle concludes that Lincoln was a competent, diligent criminal trial lawyer who knew the law, could argue it effectively to both judge and jury, and would use all lawful means to defend clients whether he believed them to be innocent or guilty. His trial record shows Lincoln to have been a formidable defense lawyer who won many seemingly hopeless cases through his skill as a courtroom tactician, cross-examiner, and orator. Criminal defendants who could retain Lincoln as a defense attorney were well represented, and criminal defense attorneys who sought him as co-counsel were well served. Providing insight into both Lincoln’s legal career and the culture in which he practiced law, Prairie Defender resolves a major misconception concerning one of our most important historical figures.
|Publisher:||Southern Illinois University Press|
|Edition description:||1st Edition|
|Product dimensions:||6.10(w) x 9.10(h) x 1.00(d)|
About the Author
For thirty years, George R. Dekle, Sr., worked as an assistant state attorney in the Third Judicial Circuit of Florida, where he prosecuted hundreds of homicide cases, and for the past ten years he served as the director of the prosecution clinic at the University of Florida Law School. He is the author of The Last Murder: The Investigation, Prosecution, and Execution of Ted Bundy and Abraham Lincoln’s Most Famous Case: The Almanac Trial.
Table of Contents
List of Illustrations Acknowledgments Introduction: The Legend of Lincoln the Lawyer 1. People versus Harry B. Truett, October 13, 1838 2. People versus William Fraim, April 23, 1839 3. People versus Spencer Turner, May 23, 1840 4. People versus Archibald and William Trailor, June 18, 1841 5. Various Criminal Cases, 1845-46 6. People versus James and George Denton, June 12, 1846 7. Various Criminal Cases, 1850-53 8. People versus Moses Loe, May 19, 1853 9. People versus David Longenecker, June 3, 1856 10. Lincoln’s Pardon Practice 11. People versus Jane and Theodore Anderson, November 28, 1856 12. People versus Isaac Wyantt, April 5, 1857 13. People verus John Bantzhouse, October 2, 1857 14. People versus Melissa Goings, October 10, 1857 15. People versus William Duff Armstrong, May 7, 1858 16. People versus Tom Patterson, April 21, 1859 17. People versus Simeon "Peachy" Quinn Harrison, September 3, 1859 18. The Legacy of Lincoln the Lawyer
Appendix: Counties and County Seats of Lincoln’s Eighth Judicial Circuit Notes Bibliography Index