PEOPLE v ISAAC WYANT: TRANSCRIPT OF A MURDER CASE PROSECUTED BY LINCOLN

Set forth below is a transcript which I made of the important documents in the court file from a murder case which Lincoln prosecuted. This is one of the first recorded cases in America where a defendant was found not guilty by reason of insanity.

The document numbers in the right hand column represent the document numbers assigned to the documents by the Law Practice of Abraham Lincoln website.

PEOPLE v ISAAC WYANT: TRANSCRIPT OF A MURDER CASE PROSECUTED BY LINCOLN
DATE	DOCUMENT	DOC.#
10/12/55	Clinton Oct 12th /55 State of Illinois, DeWitt Count} Justice Court }SS The People of the State of Illinois vs Issac Wyant Examination before Daniel Robbins & Samuel Phares Esqs the defendant was brought into court by Const Williams on a charge of shooting Adon Rusk Oct 12th/55 at the County of DeWitt State aforesaid council asked a continuance to 10 o’clock tomorrow morning the 13th Inst. Which was granted and the prisoner ordered into custody Oct 13th/55 warrant issued on the complaint of J.J. McGraw Esq returned at 10 o’clock A.M. with the prisoner in court Examination proceeded witness for the people Harry Kidder JJ McGraw Allen Hixson Daniel Taylor W.W. Williams & Doct C Goodbrake upon hearing the testimony it was ordered that the prisoner be kept in close confinement in the county jail to await his trial in the circuit court the case not being considered bailable & witnesses issued to the Sheriff of the county Given under our hands & seals this 13th day of Oct/55, Daniel C. Robbins, J.P.; S.C. Phares, J.P. State of Illinois, DeWitt County} We the undersigned two of the Justices of the Peace within and for said county hereby certify that within transcript is truly copied from the books and files in our office in the case of the People vs Issaac Wyant Given under our hands and seals this 15th day of Oct /55, Daniel C. Robbins, J.P.; S.C. Phares, J.P.	53367
10/13/55	State of Illinois, DeWitt County} J.J. McGraw comes and on his oath complains against Isaac Wyant and says that he the said Isaac Wyant did at the county of DeWitt and State of Illinois on the 12th of October 1855 commit a criminal offense by shooting & wounding one Ason Rusk thereby causing his death by reason of said shooting and wounding the said Ason Rusk and the said J.J. McGraw has reasonable grounds to suspect that the said Issac Wyant has been guilty of the [illegible] prays that a warrant [illegible] issue against the said Isaac Wyant signed John J. McGraw Subscribed & sworn to before me this 13th day of Oct /55 Daniel Robbins, J.P.	53368
10/13/55	State of Illinois, DeWitt County}SS The People of the State of Illinois; To all Sheriffs, Coroners and Constables of said State Whereas John J. McGraw hath this day made complaint on oath before Daniel Robbins Esquire, one of the Justices of the Peace of the said county that One Isaac Wyant did at the County of DeWitt and State of Illinois on the 12th day of October 1855 commit a criminal offense by shooting and wounding one Ason Rusk thereby causing his death by reason of said shooting and wounding the said Ason Rusk and the said J.J. McGraw has just and reasonable grounds to suspect that the said Isaac Wyant has been guilty of same and the said J.J. McGraw prays that a warrant may issue against the said Issaac Wyant Signed & sworn to before me this 13th Oct /55 We therefore command you, forthwith, to take the said Issaac Wyant and bring him before the said Daniel Robbins, Esquire, or in the case of his absence, before any other Justice of the Peace of the said county, to be dealt with according to law. Hereof fail no at your peril Witness the said Daniel Robbins Esquire at Clinton in said county, the 13th day of Oct 1855 Daniel Robbins J.P. #SEAL# Returned served by arresting Isaac Wyant and bringing him into court for trial Oct the 13. W.W. Williams Constable	53369
10/16/55	October Term A.D. 1855 DeWitt Circuit Court The People vs Isaac Wyant} Indictment for Murder Endorsed a true bill Robert J. Barnett, foreman of the Grand Jury	53362
10/18/55	The People vs Isaac Wyant} Indictment for Murder Arraigned 18th & plead not guilty. Cause cont’d on affidavit Deft. Deft transferred to jail at Pekin… The jail in this county and the jail in Springfield & Bloomington having been all investigated by order of the court & pronounced insufficient to hold the Deft.	53360
10/18/55	The People vs Isaac Wyant} Indictment for Murder And now on this eighteenth day of October in the year of our Lord one thousand eight hundred and fifty five and being the fourth day of the October term of said Court came the said People and also the said Isaac Wyant into open court whereupon the indictment herein was in open court by the clerk distinctly and audibly read to said Isaac Wyant, and for plea to said indictment the said Isaac Wyant in open court said “Not Guilty in manner and form as charged in the indictment.” And also thereupon the said Isaac Wyant was by the said People furnished with a copy of said indictment, with a list of the witnesses endorsed thereon	53363
10/19/55	The People vs Isaac Wyant} Indictment for Murder And now on this nineteenth day of October in the year of our Lord one thousand eight hundred and fifty five, and being the fifth day of the October term of said court, came the said People and also the said Isaac Wyant into open court whereupon the said Isaac Wyant presented to the court his affidavit, and therein moved the court that the said prosecution of the said People against him be continued to the next term of this court, which motion was sustained by the court. And the cause continued accordingly. And now because the jails of Dewitt, McLean, and Sangamon Counties are each insufficient to safely and comfortably keep said Isaac Wyant it is ordered by the court that said Isaac Wyant be transferred to the jail of Tazewell County, there to be safely and comfortably kept, until lawfully required to be returned to Dewitt County in order to be in attendance at the next term of this court. And that the Sheriff of Dewitt County so transfer him to the jail of Tazewell County taking with him a copy of this order duly authenticated by the clerk to be delivered to the sheriff of Tazewell County as his sufficient authority to receive and safely keep the said Isaac Wyant.	53365
10/26/55	[Receipt by Tazewell County sheriff acknowledging delivery of defendant to him]	53375
5/10/56	The People vs Isaac Wyant} Indictment for Murder On affidavit venue changed to McLean Co. – Deft resent to Pekin to be kept in close confinement until 2nd Monday Sept next, when he will deliver deft into the custody of sheriff of McLean. Witnesses recognized.	53361
5/10/56	The People vs Isaac Wyant} Indictment for Murder And now again on this day came again the defendant Isaac Wyant in his proper person and Leonard Swett his attorney and files his affidavit praying for a change of venue. Which said affidavit is by the court considered sufficient and the venue for this trial of said defendant is ordered to be changed to McLean County. And it is further ordered that the sheriff of Dewitt County convey the said defendant to the county jail of Tazewell County there to be kept in confinement until the second Monday in September next when the jail will deliver said defendant to the sheriff of McLean County.	53364
9/10/56	The People vs Isaac Wyant} Indictment for Murder And now at this day came the prosecuting attorney – And also came said defendant in the custody of the sheriff – And said defendant moves the court here to continue this cause – And now here presents to the court his affidavit in that behalf – And the court having considered the same, doth order that this cause stand continued to the next term of this court – And thereupon said defendant now here in open court committed to the custody of the sheriff of Tazewell County – by him remanded to the County Jail of said Tazewell County – for safekeeping – until lawfully required to be returned to this county for trial at the next term of this court –	53378
3/31/57	The People vs Isaac Wyant} Indictment for Murder This day came the prosecuting attorney and also came said defendant in person and also by Swett and Orne his attorneys, and having had hearing of said indictment for plea thereto says he is not guilty in manner and form as is in said Indictment above against him alleged and thereof puts himself upon the country – And a copy of said indictment and a list of jurors and witnesses being furnished the defendant thereupon came a jury – twelve good and lawful men – to wit. James Adams = Wolford Wyatt = Samuel White = Eli V. Augustus = Denton Young = John L. Brittin = David Shough = John T. Hill = James Huff = William C. Wardlow = Joseph Shough = James S. Barber = The said James Adams = Wolford Wyatt = Samuel White = Eli V. Augustus and Denton Young = being chosen from the regular panel of petit jurors heretofore named. The remainder of which panel being excused for cause or peremptorily challenged, the said John L. Brittin = David Shough = John T. Hill  = James Huff = William E. Wardlow = Joseph Shough & James L. Barber were summoned by the sheriff by virtue of a special venire issued herein by order of the court. And the said jurors being duly empanelled and sworn to well and truly try this cause and a true verdict render according to the law and evidence, retire under the charge of sworn officers and the court adjourned to Wednesday morning.	53379
4/1/57	The People vs Isaac Wyant} Indictment for Murder This day again comes the prosecuting attorney and also said defendant in custody of the sheriff and also Swett & Orne his attorneys. And the jurymen herein before empanelled being called, each answers to his name – Thereupon the court proceeds to hear the hear the evidence in this cause produced in behalf of said people – And now the said jurymen in charge of a sworn officer retire and the court adjourned to Thursday morning at eight o’clock.	53380
4/2/57	The People vs Isaac Wyant} Indictment for Murder This day again came the prosecuting attorney and also the defendant in custody of the sheriff and also came Swett & Orne his attorneys – And the jurymen empaneled and sworn to try this cause being called, each answered to his name. Thereupon the court proceeded to hear further evidence in behalf of the people = which evidence being closed, the court then proceeded to hear evidence in behalf of said defendant – And now the said jury again retire being in charge of a proper officer, and the court adjourned to Friday morning.	53381
4/3/57	The People vs Isaac Wyant} Indictment for Murder And now at this day comes the prosecuting attorney and also said defendant in custody of the sheriff, and also Swett and Orme his attorneys. And the jurymen who were sworn to try this cause being called, each one answered to his name – Thereupon the court proceeds to hear further evidence in this behalf – And now all the evidence in this cause having been produced, both in behalf of the said plaintiffs and said defendant = the court proceeds to hear the argument of counsel – and again the jury retire being in charge of a sworn officer, and the court adjourned to Saturday morning	53382
4/4/57	The People vs Isaac Wyant} Indictment for Murder This day again came the prosecuting attorney and also said defendant in charge of the sheriff = and also came Swett and Orme his attorneys. And the jurors who were sworn to try cause being called, each one answered to his name. Thereupon the court proceeds to hear further the arguments of counsel, both in behalf of said people and said defendant – And now all the arguments in this behalf being closed and the jury having heard all the evidence produced, and the arguments of counsel, and received the instructions of court again retire in charge of a sworn officer to consider of their verdict – And having agreed upon the same again return into court and for their verdict say “We the jurors duly sworn to try the cause of the People of the State of Illinois against Isaac Wyant, find on mature deliberation that the said defendant, Isaac Wyant, is not guilty by reason of insanity. Our opinion being found principally under the fourth article of the instructions from the court. Also the article touching evidence of medical witnesses. And we the jury find that the aforesaid prisoner being of unsound mind is unsafe to be at large and therefore earnestly recommend that the honorable court take the necessary steps to have him the said Isaac Wyant removed immediately to the State Lunatic Asylum at Jacksonville in this the State of Illinois.” It is therefore ordered by the court that the said defendant of the above indictment be discharged and go hence without day.	53383
4/4/57	The People vs Isaac Wyant} Indictment for Murder Trial by jury. Verdict not guilty by reason of insanity.	53385
4/6/57	In the matter of Isaac Wyant, alleged to be insane And now this day comes Leonard Swett and presents a statement in writing to the court that Isaaac Wyant is insane and prays the court that the necessary legal proceedings may be had preparatory to sending the said Wyant to the Illinois State Hospital for the Insane. Whereupon by order of the court a jury of six good and lawful men being summoned, come and after hearing the evidence adduced, upon their oats for verdict say “We the undersigned jurors in the case of Isaac Wyant alleged to be insane, having heard the evidence in the case, are satisfied that aid Wyant is insane, and is a fit person to be sent to the Illinois State Hospital for the Insane. That he is a resident of the State of Illinois and, at present, County of McLean, that his age is about thirty five years – That his disease is not of long duration, that the disease is with him probably hereditary, that he is not subject to epilepsy, and that he is free from vermin or any infectious disease, and is not a pauper U.S. Hodge, S.S. Ireland, John Steele, M Swann, J.S. Ballard, Lewis Case Whereupon the court directs the clerk to issue a warrant as provided by law for the removal of the said Wyant to the Illinois State Hospital for the Insane.	53384

LINCOLN FOR THE PROSECUTION

When Abraham Lincoln's good friend, Ward Hill Lamon, got himself elected State's Attorney for the Eighth Judicial Circuit, Lincoln would often help Lamon prosecute cases. One of Lamon's first murder cases looked on the surface like an open and shut case, but it had complications. Lamon called on Lincoln to help with the prosecution, and Lincoln wound up almost single-handedly trying the case.

On the other side Lincoln faced another good friend, Leonard Swett, a lanky man who looked so much like Lincoln that people often confused the two. Swett was an excellent criminal defense attorney, probably the best trial lawyer in Illinois, and he came to court fully prepared to defend his client to the nth degree. To get an idea of the uphill battle Swett confronted, let's look at a newspaper article that ran almost immediately after the murder occurred:

“Murder,” DeWitt Courier, October 19, 1855, People v. Wyant, LPAL doc. 133014.

One of the most cold-blooded murders we ever heard of, was perpetrated in this place about 2 o’clock P.M. on Friday last. The victim’s name was Anson Rusk; the name of the murderer is Isaac Wyant. Last June a difficulty arose between Rusk and Wyant, and the latter attacked the other with a large knife. Rusk tried to avoid a collision with Wyant, but to no purpose; and as a means of saving his own life, he drew a pistol and shot the latter in the arm. Wyant’s arm had to be amputated, and he swore he would have revenge, and since that time he has narrowly watched for such an opportunity. A short time before the murder, he said he was going to Indiana; but instead of that, he came to this place, for the purpose of watching the movements of Rusk, as it is supposed. Last Friday Rusk came to town, and Wyant saw him; the latter dogged the footsteps of the other from place to place, and finally into the courthouse. Rusk entered the office of the county Clerk and was standing behind the stove with his arms folded, when Wyant opened the door and commenced firing an Allen revolver at him. The first ball struck Rusk in the side, the second in the shoulder, and the third ball entered his arm. Wyant then stood over the fallen man, put the pistol to his head and fired the fourth shot, the ball passing entirely through the head, and from the orifice it made oozed the brains. Rusk lived near an hour after, but never spoke, we believe. His murderer, Wyant, tried to make his escape, but was secured a short distance from the court house and conveyed [back into the] building. Shortly after he was taken to prison and securely ironed. It is thought nothing will save him from hanging, as a responsible witness was in the clerk’s office at the time of the murder. We understand that the wife of Rusk, who was enceinte at the time of his murder, and her child, which was prematurely born, are not expected to live from one minute to another, and perhaps may be dead now. If they die Wyant will be a triple murderer, and consequently, he should suffer the severest penalty of the law. Circuit court is now in session, but it is thought his trial will not take place this term. Some think there will be a change of venue.

The doctors who amputated Wyant's arm had used chloroform, and it was widely believed at that time that chloroform could induce insanity. [EdwardWilliam Murphy, Chloroform: ItsProperties and Safety in Childbirth (London: Walton and Maberly, 1855), 66.] Swett lined up an impressive array of doctors to come in and testify that the use of the chloroform had induced insanity in Wyant, and Wyant was legally insane when he shot and killed Rusk. Swett also offered the testimony of numerous relatives of Wyant, all of whom testified to Wyant's bizarre behavior after he lost his arm. The case was tried on change of venue to McLean County, and the results of the trial are reported in the following news article:

“The Trialof Wyant,” Daily Pantagraph, April 6,1857, People v. Wyant, LPAL doc. 131644.

The trial of Isaac Wyant for the murder of Ason Rusk occupied the attention of the Circuit Court during nearly the whole of last week. Great interest in the progress and result of the trial was manifested by the people, and the Court House was constantly thronged. The case being one of great importance, we design to give a very full abstract of the evidence, which we shall begin publishing in a day or two, we purposely abstained from doing so during the trial. The following is a very brief summary of the trial:

The case was taken up on Tuesday afternoon, 31st ult. The counsel for the State were Ward H. Lamon, Stte’s Attorney, Hon. A. Lincoln, C.H. Moore, Esq., of Clinton, and Harvey Hogg, Esq., of this place. For the deense, Mesrs. Swett & Orme. The regular panel of jurors was exhausted before completing the jury, ten jurors only having been obtained, of whom two were afterwards objected to and discharged, in accordance with an agreement of counsel reserving that privilege. A tales or supplementary panel having been summoned, the jury was completed and sworn as follows:

James Adams, Wolford Wyatt, Samuel White, E.V. Augustus, Denton Young, J.L. Brittan, David Shough, John T. Hill, James Huff, W.C. Wardlow, J.S. Barber, Joseph Shough.

The Jury were accommodated at the Pike House in charge of officers during the trial.

Hon A. Lincoln opened the case for the prosecution, and a clear prima facie case having been made out by the witnesses, the State’s evidence closed the same evening. Mr. Swett opened for the defense the next morning in a long and powerful speech.

The murder was committed in the County Clerk’s office at Clinton DeWitt County, in October, 1855, in broad daylight, and in the presence of several people, Wyant shooting Rusk no less than four times with a revolver.

There had been bad blood between Wyant and Rusk for some months previous, and in June the two had a fight, in which Rusk shot Wyant in the arm. The arm had to be amputated, and chloroform was administered during the operation. The evidence for the defense was that Wyant was ever after morbidly fearful that Rusk would kill him, and that he complained greatly of his head, and manifested many signs of being unsettled in his intellect.

The fact of the killing was not controverted, the defense resting on the ground of insanity. Several medical witnesses were examined on this point, among the Dr. McFarland of the State Lunatic Asylum, Drs. Roe, Spencer, and Parke of this place, and others.

After speeches from Messrs. Hogg and Lincoln for the prosecution, and Messrs. Orme and Swett for the defense, the case went to the jury at about six o’clock on Saturday evening 4th inst. Somewhat after midnight the jury agreed, and the Court being called together, a verdict of acquittal was rendered, coupled with a recommendation for the prisoner’s confinement in a lunatic asylum. The prisoner remains in custody.

To my largely uneducated eye, it appears that Wyant was not suffering from chloroform induced insanity, but from post traumatic stress disorder and a bloodthirsty desire for revenge. Of course, PTSD had not yet been discovered and mental health was so young a field that the term "psychiatry" hadn't been invented yet.

This was one of the earliest cases in the history of American jurisprudence where the defense of insanity actually resulted in an acquittal. Not long after the trial, a good friend of Lincoln's asked him to defend a young man named Robert Sloo on a charge of murder. The case looked to be an open and shut one, and Sloo's only hope was a plea of not guilty by reason of insanity. Lincoln asked Swett to go and defend Sloo in his place. Swett objected, saying "I am unknown to the parties and they  would not be satisfied with the change." Lincoln replied, "If I can get you to go, it is not fair to that young man and his family that I should go."

Swett went, and he won another seemingly impossible acquittal. This acquittal was so spectacular that it was written up in the American Journal of Insanity, the forerunner of the American Journal of Psychiatry. ["The Trial of Robert C. Sloo for the Murder of John E. Hall," American Journal of Insanity, Volume 15 (Utica: New York State Lunatic Asylum, 1859), 33-68].

Swett put his law practice on hold to campaign for Lincoln's election as president, and worked in an unofficial capacity in support of the war effort on behalf of the Union. After the Civil War he relocated to Chicago, where he prospered as a trial attorney, winning several more murder cases on pleas of not guilty by reason of insanity.