His client was a pretty, refined, and interesting little woman in court.
The defendant, her husband, was a gross, morose, querulous, fault-finding, and uncomfortable man, and entirely unfitted for the husband of such a woman; but although he was able to prove the use of very offensive and vulgar epithets applied by the husband to his wife, and all sorts of annoyances, yet there were no such acts of personal violence as were required by the statute to justify a divorce.
did the best he could and appealed to the jury to have compassion on the woman, and not to bind her to such a man and such a life as awaited her if required to live longer with him. The jury took about the same view of it in their deliberations.
They desired to find for his fair client, but could discover no evidence which would really justify a verdict for her. At last they drew up a verdict for the defendant, and all signed but one fellow, who on being approached with the verdict, said, cooly: ‘Gentlemen, I am going to lie down to sleep, and when you get ready to give a verdict for that little woman, then wake me and not until then; for before I will give a verdict against her I will lie here till I rot and the pismires carry me out through the key-hole.’
‘Now,’ observed Lincoln
, ‘if that juryman will stick like the man in Tazewell county
we are safe.’
Strange to relate, the jury did come in, and with a verdict for the defendant.
always regarded this as one of the gratifying triumphs of his professional life.”