Friday, November 22, 2013

LINCOLN THE GRAPPLER

In previous posts I have mentioned Lincoln's skill as a wrestler. He is reputed to have contested over 300 bouts, losing only one. This sort of a record would put him in a league with Aleksandr Karelin, the Greco-Roman wrestler from Russia who went over 12 years in international competition without losing a bout and picked up multiple Olympic Gold Medals in the process.

As I explain in my upcoming book, Lincoln excelled at the sport of collar-and-elbow wrestling, a sport which originated in the British Isles, and migrated to America with Scots-Irish immigrants. Originally a standup game, it evolved into a game which allowed ground fighting. From one place to another the rules differed markedly, and I went through something of a research project trying to figure out the precise rules that were being used in Illinois during Lincoln's lifetime. For reasons which I explain in Chapter 7 ("Lincoln and the Clary's Grove Boys") I decided that the Illinois sport was a standup game. The wrestlers took prescribed holds at the beginning of the match and tried to throw one another to the ground. The popularity of the collar-and-elbow hold caused the sport to be most widely known by that name, but it went by other names as well.

The collar-and-elbow hold was exactly what it sounds like. Each contestant grabbed his opponent by the collar with one hand and the elbow with the other. The contestants took turns prescribing the type of hold which would begin the fight, and Lincoln preferred the side hold, which called for the contestants to grab each other around the waist.

Of course, Lincoln's most famous wrestling match came against Jack Armstrong, the leader of a New Salem gang of roughnecks known as the Clary's Grove Boys, a bout which I fully describe in the book. But there was another notable bout he took part in before he wrestled Armstrong. Upon his return from a flatboat trip to New Orleans, he was challenged by a county champion named Daniel Needham. At first he declined, but Needham pushed him until the match was arranged.

They met in the "greenwood" at a place called Wabash Point in Coles County. Employing the side hold, Lincoln threw Needham in two consecutive falls, winning the match. Needham was incensed. He challenged Lincoln to a fist fight. Skill in a combat sport does not necessarily translate into skill at streetfighting, and Needham doubtless thought that Lincoln would either back down or be thrashed.

Of course, Needham knew nothing about how Lincoln had single-handedly thrown a half dozen river pirates off of his flatboat on his recent trip to New Orleans. Lincoln told Needham that he did not want to fight, but if Needham insisted, he would give the wrestler a "thrashing." On second thought, Needham decided that it might not be such a good idea to engage Lincoln in a no-holds-barred contest.

This account is reconstructed from the text of early Lincoln biographies and from the excellent resource, Herndon’s Informants: Letters, Interviews, and Statements about Lincoln, Chicago: University of Illinois Press, 1998, page 439 (edited by Douglas L. Wilson and Rodney O. Davis.

I have gathered together many of the old accounts of the match and transcribed them onto a webpage. If you are interested in reading these accounts, you may access them HERE.

Thursday, November 21, 2013

LINCOLN THE INVENTOR


A Mississippi River Flatboat


Lincoln began his transformation from backwoodsman to statesman in a small town on the Sangamon River. Lincoln arrived in New Salem when he was in his early twenties, and you might say that he made a smashing entry. He was navigating a flatboat down the Sangamon River to New Orleans when he ran aground on John Rutledge's dam. The dam powered a water wheel which drove a mill. The old mill is long gone, but they have erected a replica on the site of the old mill.


Replica of Rutledge's Mill on the Sangamon River

Lincoln and his fellow boatmen could not get the boat over the dam, or even off the dam. The boat began taking on water, and it looked like they were stymied. Then Lincoln had a brainstorm. He got his mates to help him offload enough cargo to get the boat riding higher in the water, and went to the local cooper's shop to borrow an auger. I had to look up cooper in the dictionary to figure out what a cooper was. A cooper is a barrel maker. If you're wondering what a cooper would be doing with an auger, barrels have bung holes, and coopers need augers to drill the bung holes. The cooper shop of Henry Onstot is the only surviving building of New Salem.


Me in Front of Henry Onstot's Cooper Shop


Lincoln took the auger and bored a hole in the bottom of the boat. The boat was lightened enough for them to get it high in the water and let the water drain out of the boat's interior. Lincoln plugged the hole, and they were able to lift the lightened flatboat over the dam.  Cooper's son T.G. Onstot still had the auger in 1902, when he published a picture of it in a book entitled Lincolnian Picturettes.

Lincoln's Auger
 
 
Lincoln never forgot his troubles as a flatboatman on the Mississippi River system. When he went to Washington as a Congressman, he patented an invention of his which he had designed to lift boats over shallows and sandbars in the river system. A model of it is on display today in the Smithsonian.
 
 

Model of Lincoln's Invention
(Photograph from Life of Lincoln by John S. Abbott)




Diagram Submitted with Lincoln's Patent Application
(Illustration from The Boy's Life of Abraham Lincoln by Helen Nicolay


Tuesday, November 19, 2013

PUBLICATION SCHEDULE FOR "ABRAHAM LINCOLN'S MOST FAMOUS CASE: THE ALMANAC TRIAL"

The publication process seems to be running smoothly. I have proofed the copyedited manuscript and sent it back, and today I received the art log. I quickly proofread it and sent it back, and now I am waiting to get the page proofs. I am scheduled to get them on January 13, 2014, and I'm supposed to proofread them and return them by February 3, 2014. February 3 is also the deadline for finishing the index for the book. Once all that is done the book should be released some time in April.

Here is the table of contents for the book:


Preface
Chapter 1: Murder at a Whiskey Camp
Chapter 2: Lincoln the Cross-Examiner
Chapter 3: Lincoln the Orator
Chapter 4: Lincoln the Trickster
Chapter 5: The Hagiography of the Trial
Chapter 6: The Historiography of the Trial
Chapter 7: Lincoln and the Clary’s Grove Boys
Chapter 8: The Camp Meeting
Chapter 9: The Prosecution
Chapter 10: The Trial Begins
Chapter 11: The Famous Cross-Examination
Chapter 12: The Misplaced Moon
Chapter 13: Winning the Almanac Trial
Chapter 14: Was Armstrong Guilty?
Appendix A: Statements of the Major Participants
Appendix B: Selected Documents from the Armstrong Court File
Appendix C: The Oral History of the Armstrongs
Notes
Selected Bibliography
Index
 

Friday, November 1, 2013

THE ALMANAC TRIAL INDICTMENT

Indictment forms have changed dramatically over the years. The Almanac Trial indictment was written by hand and was worded almost identically to a murder indictment form that can be found in the 1799 edition of Blackstone's Commentaries on the Laws of England. Here's the first page of the Indictment:


It is eight pages long, and (as you might expect) excessively wordy. The full wording of the indictment is as follows:

Indictment, November 5, 1857: State of Illinois: Mason County: Of the October Term of the Mason county Circuit Court in the year of Our Lord one thousand eight hundred and fifty-seven.

The Grand Jurors chosen selected and sworn in and for the County of Mason aforesaid in the name and by the authority of the People of the State of Illinois upon their oaths present that James H. Norris and William Armstrong late of the County of Mason and State of Illinois not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven with force and arms at and within the County of Mason and State of Illinois, in and upon one James Preston Metzker in the peace of the said People of the said State of Illinois then and there being, unlawfully, feloniously, willfully, and of their malice aforethought did make an assault. And the said James H. Norris with a certain piece of wood about three feet long which he the said James H. Norris in his right hand then and there held the said James Preston Metzker in and upon the back part of the head of him the said James Preston Metzker then and there unlawfully, feloniously, willfully, and of his malice aforethought, did strike, giving to the said James Preston Metzker then and there with the stick of wood aforesaid in and upon the said back part of the head of him the said James Preston Metzker, one mortal bruise and the said William Armstrong with a certain hard metallic substance called a slung-shot which he the said William Armstrong in his right hand then and there had and held, the said James Preston Metzker, in and upon the right eye of him the said James Preston Metzker then and there unlawfully, feloniously, willfully and of his malice aforethought did strike, giving to the said James Preston Metzker then and there with a slung-shot aforesaid in and upon the said right eye of him the said James Preston Metzker one other mortal bruise, of which said mortal bruises the said James Preston Metzker from the said 29th. day of August in the year aforesaid until the 1st day of September in the year aforesaid at the County of Mason and State of Illinois aforesaid did languish, and languishing did live on which said first day of September in the year aforesaid the said James Preston Metzker in the County and State aforesaid of the said mortal bruises died; and so the jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid unlawfully, feloniously, and of their malice aforethought did kill and murder contrary to the form of the statute in such cases made and provided and against the peace and dignity of the same People of the State of Illinois.

And the Grand Jurors aforesaid in the name and by the authority aforesaid upon their oaths aforesaid do further present James H. Norris and William Armstrong late of the County of Mason and State of Illinois not having the fear of God before their eyes but being moved and seduced by the instigation of the Devil, on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty- seven with force and arms at and within the County of Mason and State of Illinois in and upon one James Preston Metzker in the peace of the said People of the said State of Illinois then and there being unlawfully feloniously, and willfully and of their malice aforethought did make an assault; and that the said James H. Norris and William Armstrong with a certain hard metallic substance commonly called a slung-shot which they the said James H. Norris and William Armstrong in both their right hands then and there had and held, the said James Preston Metzker in and upon the right eye of him the said James Preston Metzker then and there unlawfully, feloniously, willfully and of their malice aforethought did strike, beat and bruise, giving to the said James Preston Metzker then and there with the slung-shot aforesaid by striking, beating and bruising the said James Preston Metzker in and upon the right eye of him the said James Preston Metzker one other mortal bruise of which said mortal bruise the said James Preston Metzker from the said twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven aforesaid until the first day of September in the year aforesaid at the County of Mason and State of Illinois aforesaid did languish, and languishing did live on which first day of September in the year aforesaid the said James Preston Metzker in the county and State aforesaid of the said mortal bruise died. And so the jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid unlawfully, feloniously, willfully and of their malice aforethought did kill and murder contrary to the form of the statute in such cases made and provided and against the peace and dignity of the same People of the State of Illinois.

And the Grand Jurors aforesaid upon their oaths aforesaid in the name and by the authority of the People aforesaid do further present James H. Norris and William Armstrong late of the County of Mason and State of Illinois on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil with force and arms at and within the County of Mason and State of Illinois in and upon the said James Preston Metzker in the peace of the People of the said State of Illinois then and there being, unlawfully, feloniously, willfully and of their malice aforethought did make an assault; and that the said James H. Norris and William Armstrong with a certain stick of wood three feet long and of the diameter of two inches which they the said James H. Norris and William Armstrong in their right hands then and there had and held the said James Preston Metzker in and upon the back side of the head of him the said James Preston Metzker then and there feloniously, willfully, unlawfully, and of their malice aforethought did strike, beat and bruise, giving to the said James Preston Metzker then and there with a stick of wood aforesaid in and upon the said back side of the head of him the said James Preston Metzker one other mortal bruise of which said mortal bruise the said James Preston Metzker on the said twenty-ninth day of August in the year aforesaid until the first day of September in the year aforesaid at the County and State aforesaid did languish and languishing did live on which said first day of September in the year aforesaid at the County and State aforesaid of the said mortal bruise died; and so the jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid, unlawfully feloniously, willfully, and of their malice aforethought did kill and murder; contrary to the form of the statute in such cases made and provided and against the peace and dignity of the same People of the State of Illinois.

HUGH FULLERTON, state’s attorney.

By comparison, the indictment charging Bruno Richard Hauptmann with the murder of the Lindbergh baby was a model of brevity:


That indictment read as follows:

HUNTERTON OYER AND TERMINER
SEPTEMBER TERM, A.D. 1934
HUNTERTON COUNT IL.

The grand inquest for the State of New Jersey in and for the body of the County of Hunterdon upon their respective oaths present that Bruno Richard Hauptmann on the first day of March in the year of Our Lord One Thousand Nine Hundred and Thirty-Two, with force and arms, at the Township of East Amwell, in the County of Hunderton aforesaid, and within the jurisdiction of this court did wilfully, feloniously and of his malice aforethought kill and murder Charles A. Lindbergh, Junior, contrary to the form of the statute in such case made and provided and against the peace of the State, the Government and the dignity of the same.

ANTHONY M. HAUK
Prosecutor of the Pleas

For comparison, here is a modern indictment. It is somewhat more wordy than necessary because there were special difficulties with the proof of this case which required very careful pleading. The draftsman (me) found an old case with a similar problem of proof which held this language sufficient. Being extremely cautious, as one should when drafting a charging document, the draftsman opted for using the archaic language without trying to modernize it:


The indictment reads:
 
IN THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR COLUMBIA COUNTY, THE 20th DAY OF JULY A. D. 1978
 
THE STATE OF FLORIDA,
-vs-
THEODORE ROBERT BUNDY,
Defendant.
 
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:
COUNT I
The Grand Jurors of the County of Columbia, State of Florida, Charge that THEODORE ROBERT BUNDY on the 9th day of February A.D. 1978 in Columbia County, Florida, and Suwannee County, Florida, unlawfully and from a premeditated design to effect the death of KIMBERLY DIANE LEACH did murder KIMBEXLY DIANE LEACH in some way and manner, or by some means, instrument or weapon to the Grand Jurors unknown, thereby inflicting and creating in KIMBERLY DIANE LEACH mortal wounds and injuries or mortal sicknesses, of and from which said mortal wounds and injuries or mortal sicknesses the said KIMBERLY DIANE LEACH died. (FSA 782.04; 910.03.
 
COUNT II
The Grand Jurors of the County of Columbia, State of Florida, further charge that THEODORE ROBERT BUNDY on the 9th day of February, 1978, in Columbia County, Florida, and Suwannee County, Florida, did then and there forcibly, secretly or by threat, confine, abduct or imprison KIMBERLY DIANE LEACH against her will and without lawful authority, with intent to inflict bodily harm upon or to terrorize KIMBERLY DIANE LEACH or with intent to commit or facilitate the commission of a felony, to wit: murder. (FSA 787. 01; 910.03).
 
L. ARTHUR LAWRENCE, JR.
STATE ATTORNEY OF THE THIRD
JUDICIAL CIRCUIT OF FLORIDA
 
At the risk of beating a dead horse, I will conclude this post with the more modernized wording of the indictment from the last capital murder case I tried:
 
THE GRAND JURY of Columbia County, Florida, charges that BRIAN A. STRAWDER on the 11th day of August, 2002, in COLUMBIA County, Florida, unlawfully and from a premeditated design to effect the death of another, and while robbing TOMMY C. SIMPKINS, did kill TOMMY C. SIMPKINS by discharging a firearm which BRIAN A. STRAWDER had in his actual possession and shooting TOMMY C. SIMPKINS with said firearm, thereby inflicting upon TOMMY C. SIMPKINS mortal wounds and injuries which caused the death of TOMMY C. SIMPKINS, contrary to Florida Statutes 782.04(1)(a) and 775.087(2)(a).