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Transcript by Rev.Com Dan: and This Was a Self-Defense Case

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Transcript by Rev.Com Dan: and This Was a Self-Defense Case Ed: Major funding for BackStory is provided by an anonymous donor, the National Endowment for the Humanities and the Joseph and Robert Cornell Memorial Foundation. Ed: From Virginia Humanities, this is BackStory. Ed: Welcome to BackStory, the show that explains the history behind today's headlines. I'm Ed Ayers. If you're new to the podcast, my colleagues Brian Balogh, Joanne Freeman, Nathan Connolly and I are all historians, and each week we explore the history of one top that's been in the news. Ed: We're gonna start today in Springfield, Illinois. It's summer's end, 1859 and jury members are being selected for a murder case. Peachy Quinn Harrison, just 22 years old is on trial for Greek Crafton, stabbed after an altercation at a local drugstore. David: The different lawyers took turns questioning prospects. "Do you know the defendant or his family? Did you know the defendant?" Or as the prosecution pointedly described Greek, "The victim, or his family.", "what is it you do to learn a living?", once even, "Are you sober?" To which came the response, "You mean right now?" "Do you consider yourself a political man?" "Have you read about this case in the newspapers?" David: As the afternoon heated up, the jury box started to be filled. Dan: Basically what had happened is the two of them had been friends, were no longer friends and they got into some sort of dispute, it's unclear exactly what led to the dispute, there are a number of theories to what led to it, but regardless, they start telling friends. The victim, whose name was Greek Crafton starts telling friends that he's gonna beat up the defendant Peachy Quinn Harrison, these great 1800 names, Greek and Peachy. Dan: And he says he's gonna beat up Peachy Harrison and then Peachy then tells a friend that if he tries, he'll kill him. Ed: That's Dan Abrams, along with David Fisher, he's written a new book on the Crafton murder case. It was a dramatic, even lurid case. Two childhood friends involved in a viscous fight that turned fatal. And the defendant had a lawyer, you might have heard of. Dan: So Peachy goes and borrows a knife from a friend of his to carry around with him, because Peachy is much smaller than Greek. And Peachy was worried that Greek was gonna come after him. So Peachy carries this knife on him for days and then lo and behold, Peachy is sitting in a drugstore/diner, reading a paper with the proprietor. Greek's brother John Crafton is already there. Greek walks in, immediately walks up to Peachy and a fight ensues. John Crafton gets involved as well, Peachy eventually pulls out his knife, stabs John Crafton, stabs Greek Crafton, Greek eventually dies three days later, John Crafton survives and becomes the key witness against Peachy in the trial. Transcript by Rev.com Dan: And this was a self-defense case. So Peachy was claiming that he was in reasonable fear of grave bodily injury or death and that's why he used the knife, and Lincoln was a co- council for the defense, and Lincoln actually knew the family, Peachy's family for a long time. I think it's one of the reasons he took the case, but he also knew the victim. Dan: The victim had actually worked in his Lofts. Ed: So it's pretty amazing, and then a lot of it turns around, a death bed, not confession but forgiveness from Greek to the grandfather of the guy charged with killing him. So how could that happen? Dan: One of the best known people in the country at that time, preacher, was Peter Cartwright. And Peter Cartwright was also a long time political rival of Lincoln's. They really despised each other. And yet he became a critical witness for the defense. Meaning because he was such a well-known preacher, he was asked to go and council Greek. Dan: It was unclear if he was about to die, but he was clearly not well and severely injured. And in the context of that conversation, he allegedly says "I forgive Quinn," his real name is Peachy Quinn Harrison. "I forgive Quinn, I brought this upon myself." Dan: Now, in a self-defense case, "I brought this upon myself." You can't have a better comment than that. And there became a huge legal fight about whether that phrase should be admitted at the trial. And I think that was the most important legal argument and in fact Lincoln actually lost the argument at first and became enraged at the judge. Dan: I mean we have firsthand descriptions from people who were there, talk about how angry Lincoln was, that he was almost climbing on the bench. People had never seen him so furious at the initial ruling. Eventually the judge allowed in that testimony. David: With no warning, Lincoln erupted, springing from his chair and demanding in a massive voice that rattled the courtroom walls, "Your Honor, we need to see this through, every last bit of it." David: Days later, William Herndon wrote, "I shall never forget the scene. Lincoln had the crowd and a portion of the bar with him. He was wrought to the point of madness. He was mad all over. He was alternately furious and eloquent, pursuing the court with broad facts and pointed inquiries in marked and rapid succession. When he was finished, Judge Rice glared at him. 'You finished?' 'I am, Your Honor, thank you.'" Dan: Meaning Lincoln had both the ability to focus on statutes and words and the importance of them, but in the end, his real strength as a lawyer was his ability to bond with people. That he knew how to talk to jurors. And in fact, back then, lawyers were permitted more to talk about personal experiences, to kind of schmooze with the jurors. These days, that would be viewed as inappropriate in the context of an opening or closing. Dan: But then, that's one of the things that really helped distinguish Lincoln the lawyer. Transcript by Rev.com David: Lincoln walked to the jury box and took in all twelve of them with a glance. He wished them "Afternoon," and said "Hello," to those five or six men he knew by first name. He was following the first rule of good criminal lawyering. He was building a relationship with the jury. He was just Abe, their neighbor, the man who shared their values and their lives, standing here hoping they could solve this sticky problem together. David: Years earlier, Lincoln had given practical advice about talking to a jury to a young man he was mentoring. "Talk to the jury as though your clients fate depends on every word you utter. Forget that you have anyone to fall back on and you will do justice to yourself and your client." Ed: And they schmoozed a lot, I was kind of taken aback when I read in your book that "And then the next closing argument was three hours." Dan: Yeah, yeah. Well, look, in a lot of high profile cases these days, closing arguments can take many hours, but there's no question that then a lot of it was schmoozing and was talking to the jurors. Because remember that these are people who are in a very discreet community, this is Springfield, Illinois in 1859 and have only white men of a certain age who are landowners. Dan: So you have a limited pool of people. Many of them knew the defendant or knew the victim, or knew Lincoln. So the sort of casual atmosphere, when people ask me what is one of the biggest differences between courtrooms then and today? And one of the biggest differences is they were just simply more casual back then. Dan: Of course in addition to having spittoons in the courtroom. Ed: Dan Abrams is the chief legal affairs anchor for ABC News. He's the author along with David Fish of Lincoln's Last Trial: The Murder Case That Propelled Him to the Presidency. Ed: Today on backstory, we're going to be looking at the legal career of the 16th President of the United States. Now Abraham Lincoln wasn't the first or the last lawyer to hold the highest office in the land, in fact there have been so many lawyers in the White House that it sometimes seems as though a background in the law is a requirement to be president. But it's fair to say that the White House had never been home to a lawyer like Lincoln before. Ed: A backwoods lawyer who applied his trade in the circuit around Illinois, representing pretty much anyone who needed him. What kind of cases did Lincoln take on? What sort of lawyer was he? And how did his decades long legal career prepare him to run the country? Ed: Later in the show, I'll be talking to Doris Kearns Goodwin about how Lincoln the lawyer transformed into Lincoln the leader. But first, let's find out a little more about the daily diet of legal cases that made up Lincoln's caseload. Transcript by Rev.com Ed: We just heard about the pivotal murder trial that helped propel Lincoln into the White House. But Lincoln's resume as a lawyer extended far beyond defending accused killers. Brian: It would be easier to try and find a type of case that he didn't litigate, but back in those days lawyers really didn't specialize as a rule because they couldn't earn a living that way.
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