LINCOLN'S FIRST MURDER CASE: THE COURT RECORD

Thinking that it might be interesting to read the actual court record of one of Lincoln's murder trials, I chose to reproduce the record of the first murder case he ever tried. Lincoln served as the junior member of the defense team in the trial, but his oratorical skill was so well-respected that the defense team chose him to give the final argument.

The case was prosecuted by Stephen A. Douglas, and it took four days to select a jury. Douglas prosecuted the case through jury selection and the taking of the evidence but withdrew from the case before giving the final argument, and another prosecutor was appointed. You can't tell from the record whether the new prosecutor had been in court for the taking of testimony, but he must have heard the evidence. Otherwise he would not have had any idea what to say during final arguments. Douglas's ill-timed withdrawal from the case may have contributed more to the defendant's acquittal than Lincoln's argument did.

I have modernized some spelling and punctuation and have cut out some (but not all) of the redundant language. "Talesmen" means potential jurors.

DAY ONE
Tuesday, October 9, 1838
Jury selection begins

People of the State of Illinois, Plaintiff, against Henry B. Truett, Defendant} Indictment for Murder.

At the calling of this cause the sheriff was commanded to bring the prisoner into court which was done accordingly. Whereupon on motion of the states attorney it is ordered by the court that the clerk amend the order of the last term of this court so as to show that the list of the jury and a copy of the indictment was furnished the prisoner previous to his arraignment which amendment was done accordingly. And the following list of jurors having been furnished the prisoner as the regular jurors summoned for the first week of this term to wit: [Names of 22 talesmen listed.]

Out of which was selected George W. Tinsley, Nicholas Moore, and Alexander Frist who was sworn as the law directs. And the panel being exhausted the sheriff was commanded to summon twenty talesmen to complete the panel and thereupon the Sheriff returned into court the following list as talesmen to wit: [Names of 20 talesmen listed.]

And the parties failing to select a juror out of the above panel the sheriff was a second time commanded to summon twenty more talesmen to complete the panel which was done accordingly. …

Out of which was selected William McNair and Phillip Clark as Jurors in this cause. Whereupon sworn to well and truly try the issues joined.

And the panel a third time being exhausted the sheriff was commanded to summon twenty more talesmen to complete the jury aforesaid. [Which was done accordingly …].

And the parties failing to select a juror out of the above panel the sheriff was a further time commanded to summon twenty more talesmen to complete the jury which was done accordingly. …

Out of which was selected Elijah Bowen as a juror in this cause who being sworn to well and truly try the issues joined.

And the panel a fifth time being exhausted the sheriff was commanded to summon twenty more talesmen to complete the jury aforesaid. [Which was done accordingly …].

And the parties failing to select a juror out of the above panel, the sheriff was a sixth time commanded to summon twenty more talesmen to complete the jury and returned said list into court by nine o’clock tomorrow. And the six jurymen chosen selected and sworn in this cause was placed in charge of an officer with instructions to keep them separate and apart from all other persons until 9 o’clock tomorrow morning at which time he was instructed to bring them into court. And thereupon the said prisoner was remanded to jail.

DAY TWO
Wednesday, October 10, 1838
Jury selection continues

At this day the sheriff was again commanded to bring the prisoner into court which was done accordingly and thereupon agreeable to an order of yesterday the sheriff returned into court [20 additional talesmen.]

Out of which was chosen James I. Mills and Levi Cantrill who being sworn to well and truly try the issues joined. And the panel being a sixth time exhausted the sheriff was commanded a seventh time to summon twenty more talesmen and return them into court immediately.

Whereupon the sheriff returned [20 additional talesmen.]

Out of which was selected Mack Faye, Thomas Robinson, & George Fagan. Who duly swore to well and truly try the issues joined.

And the panel being a seventh time exhausted the sheriff was commanded to summon four talesmen from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror. The sheriff was a second time commanded to summon four more from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror the sheriff was a third time commanded to summon four more from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror the sheriff was a fourth time commanded to summon four more from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror the sheriff was a fifth time commanded to summon four more from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror the sheriff was a sixth time commanded to summon four more from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror the sheriff was a seventh time commanded to summon four more talesmen to attend at 8 o’clock tomorrow morning. And the eleven jurors sworn were placed in charge of an officer and restricted as on yesterday and thereupon the prisoner was remanded to jail.

DAY THREE
Thursday, October 11, 1838
Jury selection concludes,
Testimony begins

At this day the Sheriff was again commanded to bring the prisoner into court which was done accordingly and thereupon the sheriff returned the following list of talesmen agreeable to an order of yesterday to wit: James Bagly; James Black, William Peak, & Robert Bagly.

Which panel being exhausted without being able to obtain a juror the sheriff was an eighth time commanded to summon four more from the bystanders which was done accordingly. …

Which panel being exhausted without being able to obtain a juror the sheriff was a ninth time commanded to summon four more from the bystanders which was done accordingly. …

Which panel being again exhausted without being able to obtain a juror the sheriff was a ninth [actually 10th] time commanded to summon four more from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror the sheriff was a tenth [actually 11th] time commanded to summon four more from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror the sheriff was an eleventh [actually 12th] time commanded to summon four more from the bystanders which was done accordingly. …

Which panel was exhausted without being able to obtain a juror the sheriff was a twelfth [actually 13th] time commanded to summon four more from the bystanders which was done accordingly. …

Out of which was chosen Samuel H. Stephens who being sworn to well and truly try the issues joined, and thereupon the names of the jurors selected and sworn as aforesaid to wit: George W. Tinsley, Phillip Clark, Wm McGraw, Nicholas Moore, George Fagan, Levi Cantrill, James I. Mills, Alexander Trent, Thomas Robinson, Elijah Bowen, Mack Faye, Samuel H. Stephens Was called and answered to their names and thereupon the parties proceeded with the evidence in this case and after doing the same the jury was placed in charge of an officer who was instructed as in yesterday and also to return them into court by 8 o’clock tomorrow morning and thereupon the prisoner was remanded to jail.

DAY FOUR
Friday, October 12, 1838
Douglas withdraws,
New prosecutor appointed

The sheriff this day returned the jury empaneled and sworn in this cause into court agreeably to an order of yesterday. And thereupon the sheriff was commanded to bring the prisoner into court which was done accordingly.

And on motion of Stephen A Douglass who was appointed a prosecuting attorney pro tem for the cause D.M. Woodson produced his commission as prosecuting attorney for the first judicial circuit in and for the State of Illinois and having taken the oath as required by law entered upon the discharge of his duties as such and thereupon Stephen A Douglass was discharged as prosecuting attorney pro tem as aforesaid.

And not being able to close the argument in this cause by agreement of the parties the jury was placed in charge of an officer and the officer being instructed as on yesterday and to return them into court by tomorrow 8 o'clock.

Ordered that court adjourn till 8 o’clock tomorrow. ...

DAY FIVE
Saturday, October 13, 1838
Final arguments,
Jury verdict

This day the prisoner was again brought into court and thereupon the jury empanelled and sworn in this cause was returned into court agreeably to an order of yesterday and after closing arguments the jury retired to consider of their verdict and after mature deliberation returned the following verdict into court to wit:

We the jury find the defendant not guilty as charged in the indictment.

It is therefore ordered by the court that the said defendant be discharged and that he go hence without day. ...