1 00:00:01,040 --> 00:00:04,800 Speaker 1: You are listening to History on Trial, a production of 2 00:00:04,880 --> 00:00:13,440 Speaker 1: iHeart Podcasts. Listener discretion advised. Greek Crafton's fate was sealed 3 00:00:13,720 --> 00:00:18,079 Speaker 1: on the fourth of July. The citizens of Pleasant Plains, Illinois, 4 00:00:18,239 --> 00:00:22,160 Speaker 1: had gathered in nearby Clary's Grove to celebrate Independence Day 5 00:00:22,200 --> 00:00:24,919 Speaker 1: with a picnic, and it was on the journey to 6 00:00:25,000 --> 00:00:28,600 Speaker 1: this picnic that Greek Crafton set into motion the chain 7 00:00:28,680 --> 00:00:33,040 Speaker 1: of events that would lead two weeks later to his death. 8 00:00:34,120 --> 00:00:37,800 Speaker 1: Frederick Henry saw it all happen. He and his friend 9 00:00:38,000 --> 00:00:41,599 Speaker 1: Quinn Harrison were traveling by buggy to the picnic when 10 00:00:41,600 --> 00:00:44,600 Speaker 1: the pair ran into Greek Crafton and his brother John. 11 00:00:45,520 --> 00:00:48,280 Speaker 1: Frederick and Quinn stopped to chat to the Crafton boys, 12 00:00:48,840 --> 00:00:52,479 Speaker 1: and that's when the trouble began. Greek and Quinn were 13 00:00:52,600 --> 00:00:56,560 Speaker 1: roughly the same age, twenty three and twenty two, respectively, 14 00:00:57,120 --> 00:00:59,920 Speaker 1: and they had grown up knowing each other. Pleasant Plain 15 00:01:00,240 --> 00:01:04,000 Speaker 1: was a small town, only seven hundred people. Greek's brother 16 00:01:04,200 --> 00:01:08,480 Speaker 1: William was even married to Quinn's sister Eliza. It was 17 00:01:08,640 --> 00:01:12,440 Speaker 1: rumor had it not a happy marriage, and that bad 18 00:01:12,480 --> 00:01:14,720 Speaker 1: marriage might have been the root of the bad blood 19 00:01:14,760 --> 00:01:18,080 Speaker 1: between Greek and Quinn, which was now about to spill 20 00:01:18,120 --> 00:01:23,080 Speaker 1: out into the open. After a few minutes of casual conversation, 21 00:01:23,319 --> 00:01:26,440 Speaker 1: Greek took aim at Quinn, asking him whether he'd been 22 00:01:26,480 --> 00:01:30,640 Speaker 1: speaking badly about the crafton family. Quinn did not deny it. 23 00:01:31,280 --> 00:01:34,399 Speaker 1: If they had a problem, Greek responded, they should settle 24 00:01:34,440 --> 00:01:39,800 Speaker 1: it sometime. Quinn said he wasn't interested in settling. Greek 25 00:01:39,840 --> 00:01:42,360 Speaker 1: pulled his coat off and said, let's settle it now. 26 00:01:43,360 --> 00:01:45,880 Speaker 1: Quinn tried to resist, saying he didn't want to fight, 27 00:01:46,040 --> 00:01:50,400 Speaker 1: but Greek wouldn't be put off. The men started exchanging insults. 28 00:01:51,160 --> 00:01:54,080 Speaker 1: Greek told Quinn he would whip him, and Quinn told 29 00:01:54,120 --> 00:01:57,280 Speaker 1: Greek that he'd shoot him if he tried. Then, Greek 30 00:01:57,320 --> 00:02:00,120 Speaker 1: made several attempts to jump into the now moving buggy. 31 00:02:00,680 --> 00:02:03,040 Speaker 1: When he was pushed off, he started throwing clods of 32 00:02:03,080 --> 00:02:07,920 Speaker 1: dirt at Quinn, but hit Quinn's friend Frederick instead. Frederick 33 00:02:08,080 --> 00:02:11,400 Speaker 1: quickly drove off. Later that day, at the fourth of 34 00:02:11,440 --> 00:02:15,320 Speaker 1: July picnic, Greek and Quinn had another run in. Greek 35 00:02:15,360 --> 00:02:19,200 Speaker 1: approached Quinn and offered to make peace. Quinn responded that 36 00:02:19,280 --> 00:02:24,000 Speaker 1: he had nothing to make peace for. Greek disagreed. Nothing 37 00:02:24,400 --> 00:02:29,280 Speaker 1: was resolved. Tensions continued to escalate Over the next two weeks, 38 00:02:29,760 --> 00:02:34,000 Speaker 1: Greek was heard throughout Pleasant Plains threatening Quinn. Quinn, who 39 00:02:34,120 --> 00:02:37,440 Speaker 1: was smaller and weaker than Greek, started carrying a knife, 40 00:02:37,760 --> 00:02:42,239 Speaker 1: afraid of being attacked by the larger man. On July sixteenth, 41 00:02:42,320 --> 00:02:45,600 Speaker 1: Quinn Harrison was in Short and Heart's drug store, as 42 00:02:45,680 --> 00:02:49,240 Speaker 1: was Greek Crafton's older brother John, when Greek came in 43 00:02:49,520 --> 00:02:52,920 Speaker 1: and a fight broke out. Quinn did not want to fight. 44 00:02:53,120 --> 00:02:56,040 Speaker 1: He held firm to the shop's counter, trying to resist, 45 00:02:56,560 --> 00:02:59,040 Speaker 1: but Greek pulled at him till he came loose and 46 00:02:59,160 --> 00:03:02,239 Speaker 1: dragged him to the back of the shop. The shopkeeper, 47 00:03:02,280 --> 00:03:04,760 Speaker 1: Benjamin Short, tried to break the men up, but could not. 48 00:03:05,680 --> 00:03:08,360 Speaker 1: At some point, Quinn managed to draw his knife and 49 00:03:08,400 --> 00:03:12,440 Speaker 1: splashed out wildly at his attacker. When the dust settled 50 00:03:12,480 --> 00:03:16,240 Speaker 1: and the men were finally separated, they saw with horror 51 00:03:16,480 --> 00:03:21,000 Speaker 1: that Quinn had managed to wound Greek. Wound was maybe 52 00:03:21,120 --> 00:03:24,200 Speaker 1: too light of a word. Greek had a deep cut 53 00:03:24,280 --> 00:03:27,800 Speaker 1: running diagonally across his stomach from his rib cage to 54 00:03:27,840 --> 00:03:33,680 Speaker 1: his groin. His intestines hung out. Greek Crafton survived for 55 00:03:33,720 --> 00:03:38,280 Speaker 1: three more days, but eventually succumbed to his injuries. Pleasant 56 00:03:38,280 --> 00:03:41,840 Speaker 1: Plains was divided over Quinn's guilt. Was this self defense 57 00:03:42,160 --> 00:03:45,640 Speaker 1: or was it murder? Either way, the case was sure 58 00:03:45,680 --> 00:03:50,200 Speaker 1: to go to trial. Quinn's father, Peyton, hired one of 59 00:03:50,240 --> 00:03:54,400 Speaker 1: Illinois's most esteemed lawyers, a former judge named Stephen Logan, 60 00:03:54,560 --> 00:03:57,960 Speaker 1: to defend his son. Logan, in turn, reached out to 61 00:03:58,000 --> 00:04:00,760 Speaker 1: a former partner of his and asked for the man's 62 00:04:00,760 --> 00:04:05,440 Speaker 1: assistance in the defense. This second lawyer would play a 63 00:04:05,480 --> 00:04:09,839 Speaker 1: pivotal role, both in the trial itself and in guaranteeing 64 00:04:09,880 --> 00:04:12,960 Speaker 1: that even one hundred and sixty five years later, we 65 00:04:13,120 --> 00:04:16,280 Speaker 1: still know the story of Quinn, Harrison, and Greek crafton. 66 00:04:16,920 --> 00:04:19,400 Speaker 1: It's not that it isn't an interesting story on its 67 00:04:19,440 --> 00:04:23,400 Speaker 1: own merits. The trial represents the changing legal understanding of 68 00:04:23,440 --> 00:04:26,680 Speaker 1: self defense and gives us excellent depictions of life in 69 00:04:26,720 --> 00:04:30,240 Speaker 1: the informal courtrooms of rural America in the mid nineteenth century. 70 00:04:30,920 --> 00:04:33,120 Speaker 1: But it is not a case that changed the course 71 00:04:33,160 --> 00:04:37,320 Speaker 1: of history. Why then, do we know so much about it? 72 00:04:37,320 --> 00:04:40,400 Speaker 1: It's all because of that second lawyer. He was a 73 00:04:40,440 --> 00:04:43,560 Speaker 1: seasoned attorney with more than two dozen murder trials under 74 00:04:43,560 --> 00:04:46,559 Speaker 1: his belt, and he was known for his folksy manner 75 00:04:46,640 --> 00:04:51,680 Speaker 1: and powerful closing arguments. Quinn Harrison's murder trial was to 76 00:04:51,720 --> 00:04:56,159 Speaker 1: be his very last, because fourteen months later, this lawyer 77 00:04:56,240 --> 00:05:00,240 Speaker 1: would be elected a president of the United States. His 78 00:05:00,360 --> 00:05:05,560 Speaker 1: name was Abraham Lincoln. In Quinn Harrison's trial, we get 79 00:05:05,560 --> 00:05:08,240 Speaker 1: to see Abraham Lincoln as a man on the precipice. 80 00:05:08,839 --> 00:05:11,880 Speaker 1: He had not yet decided to pursue the nomination for president, 81 00:05:12,279 --> 00:05:14,960 Speaker 1: but his name was well known nationally thanks to his 82 00:05:15,040 --> 00:05:18,839 Speaker 1: debates with Senator Stephen Douglas the year before. Taking on 83 00:05:18,880 --> 00:05:23,480 Speaker 1: a murder case, one with complicated facts and no guaranteed outcome, 84 00:05:24,160 --> 00:05:28,800 Speaker 1: was a risk. Lincoln would need to do his absolute best. 85 00:05:29,480 --> 00:05:34,480 Speaker 1: Could he deliver Welcome to History on trial, I'm your host, 86 00:05:34,640 --> 00:05:42,960 Speaker 1: Mira Hayward this week Illinois v. Quinn Harrison. There were 87 00:05:43,040 --> 00:05:46,880 Speaker 1: many reasons for Abraham Lincoln to decline Stephen Logan's request 88 00:05:47,040 --> 00:05:50,760 Speaker 1: that he joined Quinn Harrison's defense team. For one thing, 89 00:05:50,880 --> 00:05:54,520 Speaker 1: Lincoln's schedule was packed. He had a full caseload of 90 00:05:54,600 --> 00:05:57,920 Speaker 1: legal work. Like most lawyers at the time, Lincoln's practice 91 00:05:57,960 --> 00:06:01,960 Speaker 1: was not specialized. He handled both criminal and civil cases. 92 00:06:02,440 --> 00:06:04,839 Speaker 1: He might be drawing up a will one day, defending 93 00:06:04,880 --> 00:06:08,760 Speaker 1: an accused murderer. The next cases weren't the only thing 94 00:06:08,800 --> 00:06:11,640 Speaker 1: on Lincoln's calendar in the summer of eighteen fifty nine. 95 00:06:12,240 --> 00:06:16,720 Speaker 1: He had quite a few political responsibilities too. Politics had 96 00:06:16,720 --> 00:06:20,200 Speaker 1: been Lincoln's first calling even before the law He had 97 00:06:20,240 --> 00:06:23,119 Speaker 1: served in the Illinois House of Representatives from eighteen thirty 98 00:06:23,120 --> 00:06:27,159 Speaker 1: four to eighteen forty two, but being a politician didn't 99 00:06:27,160 --> 00:06:30,440 Speaker 1: pay the bills. Before being elected, Lincoln had worked as 100 00:06:30,480 --> 00:06:33,599 Speaker 1: a shopkeeper and a surveyor, but he was in search 101 00:06:33,600 --> 00:06:37,880 Speaker 1: of a more permanent career. Another state representative suggested that 102 00:06:37,920 --> 00:06:41,880 Speaker 1: he study law. Lincoln had previously considered becoming a lawyer, 103 00:06:42,040 --> 00:06:44,839 Speaker 1: but hadn't pursued the idea, afraid that his lack of 104 00:06:44,880 --> 00:06:49,080 Speaker 1: formal education would hold him back. But with his colleague's encouragement, 105 00:06:49,160 --> 00:06:53,840 Speaker 1: Lincoln decided to try. He began reading law books voraciously 106 00:06:53,920 --> 00:06:58,760 Speaker 1: between legislative sessions. On March twenty fourth, eighteen thirty six, 107 00:06:58,880 --> 00:07:03,120 Speaker 1: the Sangoman County Court certified Lincoln as being a quote 108 00:07:03,360 --> 00:07:07,080 Speaker 1: person of good moral character, which was the first requirement 109 00:07:07,120 --> 00:07:10,840 Speaker 1: to practicing law in Illinois. Six months later, the Illinois 110 00:07:10,840 --> 00:07:15,000 Speaker 1: Supreme Court issued him a law license. For the next decade, 111 00:07:15,040 --> 00:07:18,880 Speaker 1: Lincoln focused on his law practice, honing his skills. He 112 00:07:19,000 --> 00:07:22,120 Speaker 1: briefly returned to office, winning election to Congress in eighteen 113 00:07:22,160 --> 00:07:26,280 Speaker 1: forty six, but only served one term. After that, he'd 114 00:07:26,280 --> 00:07:29,679 Speaker 1: gone back to his law practice with renewed vigor, traveling 115 00:07:29,720 --> 00:07:33,280 Speaker 1: across Illinois on the Eighth Judicial Circuit. But even as 116 00:07:33,280 --> 00:07:35,920 Speaker 1: he won a claim as a lawyer, Lincoln's interest in 117 00:07:36,000 --> 00:07:40,000 Speaker 1: politics never left him. In eighteen fifty six, he helped 118 00:07:40,000 --> 00:07:43,360 Speaker 1: found the Illinois Republican Party, and two years later became 119 00:07:43,400 --> 00:07:46,560 Speaker 1: the Republican's candidate for the Senate. His opponent in the 120 00:07:46,600 --> 00:07:50,120 Speaker 1: eighteen fifty eight Senate race was the incumbent Stephen Douglas, 121 00:07:50,400 --> 00:07:53,360 Speaker 1: a Democrat known as the Little Giant thanks to his 122 00:07:53,440 --> 00:07:58,080 Speaker 1: short stature and towering presence. In the course of the election, 123 00:07:58,320 --> 00:08:02,040 Speaker 1: Lincoln and Douglas held a series of seven debates. The 124 00:08:02,080 --> 00:08:04,760 Speaker 1: two men mainly fought over the most pressing issue of 125 00:08:04,800 --> 00:08:09,080 Speaker 1: the day, slavery. Though Lincoln ultimately lost the Senate race, 126 00:08:09,400 --> 00:08:13,200 Speaker 1: his forceful, eloquent opposition to the expansion of slavery won 127 00:08:13,280 --> 00:08:17,920 Speaker 1: him national recognition. Soon enough, people were whispering that Lincoln 128 00:08:18,000 --> 00:08:23,080 Speaker 1: might be considered for the Republican presidential nomination in eighteen sixty. Hence, 129 00:08:23,120 --> 00:08:26,880 Speaker 1: his grueling schedule in eighteen fifty nine. Throughout the year, 130 00:08:27,000 --> 00:08:30,720 Speaker 1: Lincoln was busy making speeches and campaigning for Republican candidates 131 00:08:30,720 --> 00:08:35,560 Speaker 1: across the Midwest. Lincoln's political position was another reason to 132 00:08:35,600 --> 00:08:38,760 Speaker 1: turn down Logan's request. How would it look to political 133 00:08:38,840 --> 00:08:42,480 Speaker 1: kingmakers if their potential candidate lost a major murder case 134 00:08:42,520 --> 00:08:45,280 Speaker 1: on the eve of an election year. But there were 135 00:08:45,320 --> 00:08:49,360 Speaker 1: also compelling reasons for Lincoln to say yes to Logan. First, 136 00:08:49,400 --> 00:08:52,400 Speaker 1: and foremost, there was his history with Logan, which ran 137 00:08:52,440 --> 00:08:57,000 Speaker 1: back decades. Stephen Trigg Logan was nine years older than Lincoln. 138 00:08:57,840 --> 00:09:01,360 Speaker 1: Logan had come to Springfield, Illinois, from Kentucky in eighteen 139 00:09:01,400 --> 00:09:05,160 Speaker 1: thirty two, and so quickly established a reputation for legal 140 00:09:05,240 --> 00:09:08,880 Speaker 1: brilliance that he was made a judge only three years later. 141 00:09:09,559 --> 00:09:12,760 Speaker 1: While a judge with the Sangamun County Circuit Court, Logan 142 00:09:12,800 --> 00:09:15,079 Speaker 1: had helped set Lincoln on the path to being a 143 00:09:15,160 --> 00:09:19,200 Speaker 1: lawyer by signing his eighteen thirty six Certification of moral character. 144 00:09:20,520 --> 00:09:23,640 Speaker 1: In eighteen forty one, after Logan returned to private practice, 145 00:09:23,760 --> 00:09:27,199 Speaker 1: he invited Lincoln to become his partner. The pair proved 146 00:09:27,240 --> 00:09:30,000 Speaker 1: to be a good match. They had some things in common, 147 00:09:30,320 --> 00:09:34,400 Speaker 1: political views for one, and a disdain for convention for another, 148 00:09:34,920 --> 00:09:37,640 Speaker 1: which could be seen in their clothes. Both Logan and 149 00:09:37,840 --> 00:09:42,559 Speaker 1: Lincoln were notoriously shabby dressers, but it was their differences 150 00:09:42,600 --> 00:09:45,720 Speaker 1: that helped them succeed in the courtroom. Logan was a 151 00:09:45,760 --> 00:09:49,120 Speaker 1: methodical lawyer with the encyclopedic knowledge of the law and 152 00:09:49,160 --> 00:09:53,360 Speaker 1: a penchant for preparation. Lincoln was more often interested in 153 00:09:53,400 --> 00:09:55,480 Speaker 1: the spirit of the law than the letter of it, 154 00:09:55,679 --> 00:10:00,840 Speaker 1: and loved to improvise. Logan helped Lincoln get organized. In 155 00:10:00,960 --> 00:10:04,440 Speaker 1: his words, when Lincoln went in with me, he turned 156 00:10:04,480 --> 00:10:07,240 Speaker 1: in to try to know more and studied to learn 157 00:10:07,280 --> 00:10:11,280 Speaker 1: how to prepare his cases. In return, Lincoln helped be 158 00:10:11,559 --> 00:10:16,440 Speaker 1: somewhat prickly and awkward Logan win over juries. The pair 159 00:10:16,520 --> 00:10:19,920 Speaker 1: had three fruitful years together in practice before Lincoln set 160 00:10:19,960 --> 00:10:23,000 Speaker 1: off on his own. An end to their formal partnership 161 00:10:23,040 --> 00:10:25,600 Speaker 1: did not mean that Lincoln and Logan stopped working together. 162 00:10:26,200 --> 00:10:28,680 Speaker 1: Over the years, they would serve as co councils on 163 00:10:28,760 --> 00:10:33,400 Speaker 1: nearly seven hundred cases and as opposing councils on three 164 00:10:33,480 --> 00:10:37,200 Speaker 1: hundred more so. When Logan asked Lincoln for a favor, 165 00:10:37,600 --> 00:10:42,640 Speaker 1: Lincoln was inclined to say yes. Logan wasn't Lincoln's only 166 00:10:42,720 --> 00:10:46,960 Speaker 1: personal connection to the case. Lincoln knew Peyton Harrison, the 167 00:10:47,000 --> 00:10:51,120 Speaker 1: father of Quinn Harrison well. The two were distantly related. 168 00:10:51,280 --> 00:10:54,520 Speaker 1: They were third cousins, but their bond was more political 169 00:10:54,559 --> 00:10:59,160 Speaker 1: than familial. The wealthy and prominent Harrison had supported Lincoln's 170 00:10:59,160 --> 00:11:04,080 Speaker 1: political aspirations for years. Further, Lincoln had served alongside Quinn 171 00:11:04,120 --> 00:11:09,800 Speaker 1: Harrison's cousin George, in the Blackhawk War. But Lincoln also 172 00:11:09,880 --> 00:11:14,000 Speaker 1: knew the victim, Greek Crafton. He knew him very well. 173 00:11:14,040 --> 00:11:17,439 Speaker 1: In fact, Greek had once served as a law clerk 174 00:11:17,480 --> 00:11:21,559 Speaker 1: in his office, and Lincoln had liked him. That might 175 00:11:21,600 --> 00:11:24,240 Speaker 1: sound like a reason for Lincoln not to take the case, 176 00:11:24,920 --> 00:11:29,080 Speaker 1: but if anything, the opposite was true. Lincoln mourned Greek 177 00:11:29,120 --> 00:11:32,640 Speaker 1: Crafton's death and did not want to see the tragedy compounded, 178 00:11:33,240 --> 00:11:36,360 Speaker 1: which is what would happen. He believed if Quinn Harrison 179 00:11:36,440 --> 00:11:41,280 Speaker 1: was convicted of murder, both the Craftons and the Harrisons 180 00:11:41,320 --> 00:11:45,240 Speaker 1: had suffered too much already. In Lincoln's mind. Even more 181 00:11:45,280 --> 00:11:48,680 Speaker 1: than that, Lincoln didn't think Quinn was guilty of murder. 182 00:11:49,360 --> 00:11:53,600 Speaker 1: He believed that the killing was self defense. After weighing 183 00:11:53,720 --> 00:11:57,640 Speaker 1: up all these factors, Lincoln made a decision. He said 184 00:11:57,800 --> 00:12:02,360 Speaker 1: yes to Stephen Logan. Abraham Lincoln was on the case. 185 00:12:05,920 --> 00:12:08,920 Speaker 1: At first glance, the killing of Greek Crafton might seem 186 00:12:08,960 --> 00:12:12,120 Speaker 1: like a clear case of self defense. Greek threatened to 187 00:12:12,160 --> 00:12:15,560 Speaker 1: attack Quinn Harrison. Quinn started carrying a knife with him 188 00:12:15,559 --> 00:12:20,360 Speaker 1: for protection, and when Greek attacked him on July sixteenth, Quinn, 189 00:12:20,559 --> 00:12:24,880 Speaker 1: afraid for his life, struck back. But proving self defense 190 00:12:24,920 --> 00:12:28,720 Speaker 1: in court would be easier said than done. As Lincoln 191 00:12:28,760 --> 00:12:32,600 Speaker 1: sat in his notoriously messy second floor office on Fifth 192 00:12:32,600 --> 00:12:36,439 Speaker 1: Street in Springfield, he must have considered if Quinn's actions 193 00:12:36,480 --> 00:12:41,240 Speaker 1: conformed with Illinois self defense laws. Self defense laws were 194 00:12:41,240 --> 00:12:43,920 Speaker 1: a matter of much debate in the mid nineteenth century. 195 00:12:44,880 --> 00:12:49,000 Speaker 1: In the eighteenth century, American law had broadly followed English precedent. 196 00:12:49,600 --> 00:12:53,839 Speaker 1: The English approach to self defense, per William Blackstone's influential book, 197 00:12:53,960 --> 00:12:58,280 Speaker 1: Commentaries on the Laws of England, was this quote. A 198 00:12:58,320 --> 00:13:02,000 Speaker 1: man using violence in his own defense should have retreated 199 00:13:02,040 --> 00:13:05,680 Speaker 1: as far as he conveniently or safely can to avoid 200 00:13:05,720 --> 00:13:09,679 Speaker 1: the violence of the assault, before he turns upon his assailant. 201 00:13:10,320 --> 00:13:14,120 Speaker 1: Blackstone's definition of self defense suited the American legal system 202 00:13:14,200 --> 00:13:17,520 Speaker 1: in its earliest days, but as the country developed, the 203 00:13:17,600 --> 00:13:22,080 Speaker 1: definition of self defense began to evolve. In eighteen forty six, 204 00:13:22,280 --> 00:13:25,520 Speaker 1: Francis Wharton wrote the first survey of American criminal law, 205 00:13:26,360 --> 00:13:30,880 Speaker 1: discussing self defense. Wharton wrote quote, a man may repel 206 00:13:31,040 --> 00:13:35,600 Speaker 1: force in defense of his person, habitation, or property against 207 00:13:35,640 --> 00:13:40,240 Speaker 1: one or many who manifestly intend and endeavor, by violence 208 00:13:40,360 --> 00:13:44,640 Speaker 1: or surprise to commit a known felony on either. In 209 00:13:44,679 --> 00:13:48,040 Speaker 1: such a case, he is not obliged to retreat, but 210 00:13:48,120 --> 00:13:51,920 Speaker 1: may pursue his adversary till he finds himself out of danger, 211 00:13:52,760 --> 00:13:56,240 Speaker 1: and if in a conflict between them he happeneth to kill, 212 00:13:57,000 --> 00:14:01,960 Speaker 1: such a killing is justifiable. Wharton's construction removed many of 213 00:14:02,000 --> 00:14:05,480 Speaker 1: the rules for justifiable self defense that Blackstone had used, 214 00:14:05,840 --> 00:14:08,560 Speaker 1: such as the duty to retreat, and allowed for a 215 00:14:08,640 --> 00:14:13,120 Speaker 1: wider application of self defense. By the eighteen forties, when 216 00:14:13,120 --> 00:14:18,040 Speaker 1: Wharton was writing, America was experiencing rapid changes. Most notably, 217 00:14:18,120 --> 00:14:22,840 Speaker 1: the country was expanding. West. Frontier settlements often had little 218 00:14:22,880 --> 00:14:27,080 Speaker 1: contact with formal justice or law enforcement systems, and so 219 00:14:27,160 --> 00:14:31,000 Speaker 1: the government increasingly condoned people taking the law into their 220 00:14:31,040 --> 00:14:35,720 Speaker 1: own hands. What was once public became private. Writes the 221 00:14:35,760 --> 00:14:39,720 Speaker 1: scholar Joshua Stein, as a state monopoly on violence gave 222 00:14:39,760 --> 00:14:43,440 Speaker 1: way to a private army of thousands of white male deputies, 223 00:14:43,840 --> 00:14:48,560 Speaker 1: empowered to defend their realms. Not everyone approved of this 224 00:14:48,680 --> 00:14:54,320 Speaker 1: sanctioned vigilantism. Abraham Lincoln was one opponent, criticizing quote the 225 00:14:54,440 --> 00:14:58,800 Speaker 1: increasing disregard for law which pervades the country, the growing 226 00:14:58,880 --> 00:15:02,520 Speaker 1: disposition to subsidy to the wild and furious passions in 227 00:15:02,600 --> 00:15:06,680 Speaker 1: lieu of the sober judgment of courts. But Lincoln didn't 228 00:15:06,720 --> 00:15:10,400 Speaker 1: think that Quinn's case was one of wild and furious passion. 229 00:15:11,200 --> 00:15:14,840 Speaker 1: He thought that Quinn's actions fit under Illinois eighteen fifty 230 00:15:14,880 --> 00:15:19,400 Speaker 1: six Statute on Self Defense, which declared, quote, the use 231 00:15:19,440 --> 00:15:22,640 Speaker 1: of a deadly weapon in self defense is limited only 232 00:15:22,680 --> 00:15:25,480 Speaker 1: to those events in which the danger is so urgent 233 00:15:25,560 --> 00:15:28,480 Speaker 1: and pressing that, in order to save his own life 234 00:15:28,920 --> 00:15:32,240 Speaker 1: or to prevent his receiving great bodily harm, the killing 235 00:15:32,280 --> 00:15:37,120 Speaker 1: to the other was absolutely necessary. Lincoln understood from his 236 00:15:37,200 --> 00:15:40,840 Speaker 1: conversations with Quinn that the young man had genuinely believed 237 00:15:40,840 --> 00:15:43,920 Speaker 1: his life was imperiled when Greek Crafton attacked him, and 238 00:15:44,000 --> 00:15:47,960 Speaker 1: had only pulled the knife to save his own life. 239 00:15:48,320 --> 00:15:51,640 Speaker 1: But there was a serious obstacle to telling the jury 240 00:15:51,680 --> 00:15:55,360 Speaker 1: that Quinn would not be allowed to testify at his 241 00:15:55,520 --> 00:16:00,360 Speaker 1: own trial. This restriction wasn't specific to Quinn's trial or 242 00:16:00,400 --> 00:16:04,000 Speaker 1: even to Illinois. In Eache in fifty nine, no criminal 243 00:16:04,000 --> 00:16:06,680 Speaker 1: defendant was allowed to testify in their own defense in 244 00:16:06,680 --> 00:16:10,520 Speaker 1: the United States. As with the concept of self defense, 245 00:16:10,560 --> 00:16:13,760 Speaker 1: the American legal system was influenced by the British tradition 246 00:16:13,880 --> 00:16:17,480 Speaker 1: in this matter. For centuries, defendants were considered to be 247 00:16:17,600 --> 00:16:22,200 Speaker 1: inherently incompetent witnesses because their bias was so strong that 248 00:16:22,280 --> 00:16:25,440 Speaker 1: it could lead to them lying on the stand. By 249 00:16:25,440 --> 00:16:29,040 Speaker 1: the nineteenth century, however, lawyers and theorists had begun to 250 00:16:29,120 --> 00:16:33,400 Speaker 1: question this assumption. Does it follow wrote the English jurist 251 00:16:33,440 --> 00:16:37,360 Speaker 1: and philosopher Jeremy Bentham in eighteen twenty seven, that because 252 00:16:37,400 --> 00:16:39,880 Speaker 1: there is a motive of some sort prompting a man 253 00:16:39,920 --> 00:16:44,720 Speaker 1: to lie, that for that reason he will lie. In 254 00:16:44,760 --> 00:16:48,440 Speaker 1: the eighteen forties, both English and American courts began letting 255 00:16:48,480 --> 00:16:53,280 Speaker 1: parties in civil cases testify, but opposition to allowing criminal 256 00:16:53,320 --> 00:16:57,720 Speaker 1: defendants to testify was still strong. Opponents believed that the 257 00:16:57,800 --> 00:17:03,360 Speaker 1: right to testify might actually hurt defendants. Juries, these opponents argued, 258 00:17:03,440 --> 00:17:07,320 Speaker 1: would begin to expect defendants to testify. If a defendant 259 00:17:07,400 --> 00:17:10,480 Speaker 1: did not testify, the jury might automatically assume that it 260 00:17:10,520 --> 00:17:14,040 Speaker 1: was because they were guilty. Thus, all defendants would wish 261 00:17:14,040 --> 00:17:16,960 Speaker 1: to testify, and those that were guilty would have to 262 00:17:16,960 --> 00:17:20,600 Speaker 1: perjure themselves, and the lives of these defendants would cause 263 00:17:20,680 --> 00:17:24,159 Speaker 1: juries to begin disbelieving all defendants in sort of the 264 00:17:24,200 --> 00:17:28,160 Speaker 1: worst vicious cycle of all time. But not everyone agreed 265 00:17:28,200 --> 00:17:32,119 Speaker 1: with these arguments. John Appleton, the Chief Justice of the 266 00:17:32,160 --> 00:17:35,520 Speaker 1: Supreme Court of Maine, argued forcefully for a defendant's right 267 00:17:35,600 --> 00:17:39,760 Speaker 1: to testify. The lawyer and scholar Robert Popper sums up 268 00:17:39,760 --> 00:17:43,159 Speaker 1: Appleton's arguments in his article History and Development of the 269 00:17:43,200 --> 00:17:48,280 Speaker 1: Accused's Right to testify, quote that the defendant's testimony is 270 00:17:48,440 --> 00:17:51,679 Speaker 1: crucial in order to ascertain the whole truth. That the 271 00:17:51,720 --> 00:17:54,880 Speaker 1: defendant is most apt to be familiar with the true facts, 272 00:17:55,400 --> 00:17:58,600 Speaker 1: that he is no more interested than the complainant. That 273 00:17:58,640 --> 00:18:02,239 Speaker 1: since he is presumed in a perjurious motive should not 274 00:18:02,280 --> 00:18:05,240 Speaker 1: be attributed to him, and that the law should not 275 00:18:05,359 --> 00:18:09,679 Speaker 1: aid the guilty and harm the innocent. After years of debate, 276 00:18:09,840 --> 00:18:13,119 Speaker 1: many jurists eventually came around to Appleton's way of thinking. 277 00:18:13,960 --> 00:18:17,480 Speaker 1: Beginning in the mid eighteen sixties, state after state began 278 00:18:17,600 --> 00:18:21,639 Speaker 1: allowing defendants to testify in criminal cases. By nineteen hundred, 279 00:18:21,720 --> 00:18:24,280 Speaker 1: every state had such a law on the books, except 280 00:18:24,280 --> 00:18:28,399 Speaker 1: for Georgia, but back in eighteen fifty nine such reforms 281 00:18:28,400 --> 00:18:32,199 Speaker 1: were still years away. Quinn Harrison would not be allowed 282 00:18:32,240 --> 00:18:35,399 Speaker 1: to take the stand. Lincoln and Logan would need to 283 00:18:35,440 --> 00:18:38,439 Speaker 1: find another way to explain his state of mind to 284 00:18:38,440 --> 00:18:43,320 Speaker 1: the jury. Legal hurdles weren't Lincoln's only concern. He knew 285 00:18:43,400 --> 00:18:47,520 Speaker 1: that he was up against formidable opponents. John Palmer would 286 00:18:47,560 --> 00:18:51,320 Speaker 1: be leading the prosecution. Palmer was a major player in 287 00:18:51,359 --> 00:18:55,320 Speaker 1: the Illinois Republican Party, a skilled lawyer and a longtime 288 00:18:55,400 --> 00:18:59,000 Speaker 1: friend of Lincoln's, who one observer described as having quote 289 00:18:59,119 --> 00:19:03,800 Speaker 1: a convincing voe and a personality of tremendous earnestness and sincerity. 290 00:19:04,440 --> 00:19:07,680 Speaker 1: Palmer would be assisted by Norman Broadwell, a lawyer who 291 00:19:07,680 --> 00:19:11,200 Speaker 1: had begun his legal career by studying law under Lincoln. 292 00:19:12,040 --> 00:19:15,240 Speaker 1: Lawyers Jim White and John mclernan filled out the prosecution. 293 00:19:15,960 --> 00:19:19,359 Speaker 1: It was a sharp, successful group of lawyers who wouldn't 294 00:19:19,400 --> 00:19:22,960 Speaker 1: make the trial easy for the defense. There was also 295 00:19:23,040 --> 00:19:26,439 Speaker 1: the matter of the judge. Circuit Court judge Edward Y 296 00:19:26,560 --> 00:19:30,960 Speaker 1: Rice was known as a fair judge, but a stern one. 297 00:19:31,080 --> 00:19:34,000 Speaker 1: Lincoln liked to keep things casual in the courtroom. He 298 00:19:34,080 --> 00:19:37,199 Speaker 1: was famous for his folksy manner, his clever jokes, and 299 00:19:37,280 --> 00:19:41,800 Speaker 1: his disheveled wardrobe. Rice preferred a no nonsense approach and 300 00:19:42,000 --> 00:19:45,480 Speaker 1: kept strict order in his courtroom. Lincoln would have to 301 00:19:45,520 --> 00:19:48,160 Speaker 1: try to stay on the judge's good side while still 302 00:19:48,160 --> 00:19:52,080 Speaker 1: playing to his own strengths, and Lincoln was certainly a 303 00:19:52,119 --> 00:19:55,960 Speaker 1: strong lawyer. Dan Abrams and David Fisher, in their book 304 00:19:56,040 --> 00:20:00,439 Speaker 1: Lincoln's Last Trial write that quote his stirring use of 305 00:20:00,520 --> 00:20:04,000 Speaker 1: common language allowed him to forge a remarkable connection with 306 00:20:04,080 --> 00:20:07,879 Speaker 1: his audience. Many of the qualities that made Lincoln a 307 00:20:08,040 --> 00:20:13,160 Speaker 1: legendary president. His remarkable memory, his talent for distilling issues 308 00:20:13,200 --> 00:20:16,720 Speaker 1: to their cores, and most of all, his powerful way 309 00:20:16,800 --> 00:20:20,399 Speaker 1: with words were developed during his years in the courtroom. 310 00:20:21,080 --> 00:20:24,480 Speaker 1: But would these skills be enough to save Quinn Harrison. 311 00:20:27,440 --> 00:20:31,159 Speaker 1: The Sangamon County Courthouse, a two story brick building with 312 00:20:31,200 --> 00:20:34,160 Speaker 1: the facade of a Greek temple, sat on the east 313 00:20:34,280 --> 00:20:38,200 Speaker 1: side of the town's main square. The first floora held 314 00:20:38,200 --> 00:20:41,880 Speaker 1: county offices. The second held the courtroom, a high ceiling 315 00:20:42,040 --> 00:20:46,119 Speaker 1: spacious room with large windows. In the courthouse's attic in 316 00:20:46,160 --> 00:20:50,760 Speaker 1: a converted storeroom, Quinn Harrison sat awaiting his trial after 317 00:20:50,840 --> 00:20:54,600 Speaker 1: Greek's death. Quinn had gone into hiding afraid of retribution 318 00:20:54,720 --> 00:20:58,359 Speaker 1: from the Craftons. When Stephen Logan joined the defense, he 319 00:20:58,520 --> 00:21:03,439 Speaker 1: organized Quinn's surrender. The Harrison family hired private guards to 320 00:21:03,480 --> 00:21:06,919 Speaker 1: stand watch outside his makeshift cell. This was an an 321 00:21:07,000 --> 00:21:11,280 Speaker 1: unnecessary measure. All of Sangmun County was paying close attention 322 00:21:11,359 --> 00:21:15,639 Speaker 1: to the case, and many people had strong opinions both 323 00:21:15,680 --> 00:21:20,919 Speaker 1: for and against Quinn Harrison. Because of these strong opinions, 324 00:21:21,040 --> 00:21:25,200 Speaker 1: selecting a jury was not an easy process. On Wednesday, 325 00:21:25,280 --> 00:21:29,720 Speaker 1: August thirty, first potential jurors gathered in the courtroom. Illinois 326 00:21:29,800 --> 00:21:33,240 Speaker 1: law at the time required that jurors be quote white, 327 00:21:33,240 --> 00:21:36,840 Speaker 1: male property owning American citizens between the ages of twenty 328 00:21:36,880 --> 00:21:41,200 Speaker 1: one and sixty. Lincoln was known for taking jury selection 329 00:21:41,320 --> 00:21:44,359 Speaker 1: seriously because so much of his success came from the 330 00:21:44,400 --> 00:21:47,280 Speaker 1: connection he established with each juror throughout the course of 331 00:21:47,320 --> 00:21:52,000 Speaker 1: the trial. Finding the right jurors was crucial. After trying 332 00:21:52,160 --> 00:21:55,720 Speaker 1: thousands of cases, Lincoln had developed a number of theories 333 00:21:55,760 --> 00:21:59,320 Speaker 1: on what made for a good juror, some more rational, 334 00:21:59,560 --> 00:22:01,879 Speaker 1: like preferring younger men who might be less set in 335 00:22:01,920 --> 00:22:07,240 Speaker 1: their ways, and some more absurd. Lincoln did not like blonde, 336 00:22:07,400 --> 00:22:10,840 Speaker 1: blue eyed jurors because he thought they were indecisive, and 337 00:22:10,920 --> 00:22:13,960 Speaker 1: deferred to the prosecution. By the end of the day, 338 00:22:14,119 --> 00:22:17,159 Speaker 1: after questioning more than one hundred men, the defense and 339 00:22:17,240 --> 00:22:21,119 Speaker 1: prosecution managed to find their jury. Judge Rice dismissed the 340 00:22:21,160 --> 00:22:23,760 Speaker 1: jurors for the night with a warning not to discuss 341 00:22:23,800 --> 00:22:28,480 Speaker 1: the case with anyone. The next morning, Thursday, September one, 342 00:22:28,960 --> 00:22:32,320 Speaker 1: Quinn Harrison was led down from his attic cell. At 343 00:22:32,400 --> 00:22:36,240 Speaker 1: nine am the trial began. Neither side had much to 344 00:22:36,240 --> 00:22:40,600 Speaker 1: say for opening arguments. Per the court transcript quote, mister 345 00:22:40,680 --> 00:22:43,560 Speaker 1: Brodwell proceeded briefly to open the case of the prosecution, 346 00:22:43,840 --> 00:22:47,879 Speaker 1: merely reading the indictment and the statute applicable, and mister 347 00:22:47,920 --> 00:22:51,040 Speaker 1: Logan very briefly replied for the defense, stating their position. 348 00:22:52,000 --> 00:22:54,879 Speaker 1: With these riveting performances out of the way, it was 349 00:22:54,960 --> 00:22:58,960 Speaker 1: time to dive into testimony. The central issue of the 350 00:22:59,000 --> 00:23:03,520 Speaker 1: trial was self defense. Were Quinn Harrison's actions a reasonable 351 00:23:03,520 --> 00:23:07,840 Speaker 1: and necessary response to the threat Greek Crafton presented. To 352 00:23:07,920 --> 00:23:11,320 Speaker 1: answer this question, Both the prosecution and the defense tried 353 00:23:11,359 --> 00:23:14,040 Speaker 1: to recreate the scene at Short and Heart's drug store 354 00:23:14,080 --> 00:23:18,520 Speaker 1: on July sixteenth. Silas Livergood, a friend of the Crafton brothers, 355 00:23:18,560 --> 00:23:22,119 Speaker 1: appeared for the prosecution. Livergood had been in the drug 356 00:23:22,160 --> 00:23:26,000 Speaker 1: store on the sixteenth and seen the fight firsthand. Prosecutor 357 00:23:26,119 --> 00:23:30,000 Speaker 1: John Palmer walked Livergood patiently through the fight, and then 358 00:23:30,160 --> 00:23:33,320 Speaker 1: to give the jury a better picture, he asked Livergood 359 00:23:33,320 --> 00:23:36,320 Speaker 1: to demonstrate the positions Quinn and Greek had been in 360 00:23:36,400 --> 00:23:39,960 Speaker 1: at the moment of the stabbing. Livergood stepped down and 361 00:23:40,080 --> 00:23:44,200 Speaker 1: stood behind Palmer, who was playing Quinn. Facing the jury, 362 00:23:44,240 --> 00:23:47,960 Speaker 1: Livergood wrapped his left arm around Palmer's left arm, leaving 363 00:23:48,000 --> 00:23:51,440 Speaker 1: Palmer's right arm free. It was with his right hand, 364 00:23:51,520 --> 00:23:56,160 Speaker 1: Livergood explained that Quinn had struck out backwards with the knife. 365 00:23:56,240 --> 00:24:01,359 Speaker 1: Livergood's description didn't sound good for Quinn. Vergood did acknowledge 366 00:24:01,400 --> 00:24:04,239 Speaker 1: that he had heard John Crafton tell his brother to 367 00:24:04,320 --> 00:24:08,520 Speaker 1: quote whip Quinn, and admitted that even after Quinn had 368 00:24:08,560 --> 00:24:11,720 Speaker 1: said he didn't want to fight Greek had bodily dragged 369 00:24:11,760 --> 00:24:14,639 Speaker 1: him away from the counter, but at the moment he 370 00:24:14,680 --> 00:24:18,520 Speaker 1: had dealt Greek the fatal blow, Quinn, if Livergood was 371 00:24:18,560 --> 00:24:22,320 Speaker 1: to be believed, hadn't been in imminent danger. He had 372 00:24:22,359 --> 00:24:26,760 Speaker 1: just been restrained. John Crafton came to the stand next. 373 00:24:27,720 --> 00:24:29,879 Speaker 1: John claimed that his being in the drug store that 374 00:24:30,000 --> 00:24:33,000 Speaker 1: day was a coincidence. He'd just been there to pick 375 00:24:33,080 --> 00:24:35,280 Speaker 1: up some money that he believed had been left for 376 00:24:35,400 --> 00:24:38,960 Speaker 1: him there. He'd asked Benjamin Short, the owner, about the money. 377 00:24:39,480 --> 00:24:41,119 Speaker 1: When Short said that it may have been left with 378 00:24:41,160 --> 00:24:44,239 Speaker 1: his partner, who was out, John decided to stay and 379 00:24:44,280 --> 00:24:47,480 Speaker 1: wait for the partner's return. He had been surprised to 380 00:24:47,520 --> 00:24:50,239 Speaker 1: look up and see a fight beginning, he said, and 381 00:24:50,400 --> 00:24:53,200 Speaker 1: shocked to see that his brother was one of the participants. 382 00:24:53,720 --> 00:24:56,399 Speaker 1: Like Livergood, John claimed that Quinn had been in no 383 00:24:56,560 --> 00:25:01,159 Speaker 1: immediate danger before he stabbed Greek, although also admitted that 384 00:25:01,240 --> 00:25:04,400 Speaker 1: he hadn't seen the actual stabbing, But a moment after 385 00:25:04,440 --> 00:25:07,639 Speaker 1: the first blow, John said Quinn had tried to stab 386 00:25:07,680 --> 00:25:11,320 Speaker 1: his brother again. John had then stepped in to protect 387 00:25:11,320 --> 00:25:14,080 Speaker 1: Greek and received a deep cut on his right arm 388 00:25:14,160 --> 00:25:16,840 Speaker 1: for his trouble. Even now, his arm was in a 389 00:25:16,880 --> 00:25:20,919 Speaker 1: sling and he could barely move it. John's testimony was 390 00:25:20,960 --> 00:25:25,280 Speaker 1: clearly painful for him, and his story made a powerful impact, 391 00:25:26,080 --> 00:25:28,639 Speaker 1: but there were some problems with the prosecution's account of 392 00:25:28,680 --> 00:25:33,000 Speaker 1: the fight. During his cross examination of Silas Livergood, Stephen 393 00:25:33,080 --> 00:25:36,480 Speaker 1: Logan had gotten Livergood to admit that the only reason 394 00:25:36,600 --> 00:25:39,600 Speaker 1: that Quinn's right arm had been free to stab Greek 395 00:25:40,160 --> 00:25:43,679 Speaker 1: was because Greek, who had initially grabbed Quinn by both arms, 396 00:25:44,000 --> 00:25:48,080 Speaker 1: had let Quinn's right arm go. Why had Greek let 397 00:25:48,200 --> 00:25:51,359 Speaker 1: Quinn's right arm go in order to free up his 398 00:25:51,680 --> 00:25:54,639 Speaker 1: own right hand, which he then used to hit Greek 399 00:25:54,840 --> 00:25:58,480 Speaker 1: hard in the face. There was reason for Quinn to 400 00:25:58,520 --> 00:26:03,400 Speaker 1: be frightened, it seemed, especially because Greek was substantially larger 401 00:26:03,440 --> 00:26:07,280 Speaker 1: and stronger than him, a point the defense continually brought up, 402 00:26:07,640 --> 00:26:12,119 Speaker 1: even having Quinn's doctor testified to his lifelong frailty, and 403 00:26:12,200 --> 00:26:14,600 Speaker 1: the fight had never really been one on one. The 404 00:26:14,640 --> 00:26:17,960 Speaker 1: defense reminded the jurors Quinn had good reason to believe 405 00:26:18,000 --> 00:26:21,960 Speaker 1: that John Crafton and perhaps even Silas Livergood were there 406 00:26:22,000 --> 00:26:25,199 Speaker 1: to beat him up too. John Crafton had claimed that 407 00:26:25,200 --> 00:26:28,000 Speaker 1: he was only at the drug store by coincidence, but 408 00:26:28,080 --> 00:26:31,080 Speaker 1: the testimony of Benjamin Short, the drug store's owner who 409 00:26:31,080 --> 00:26:35,320 Speaker 1: appeared for the defense, raised questions about this story. Short 410 00:26:35,359 --> 00:26:38,399 Speaker 1: said that John had never asked him about any money 411 00:26:38,560 --> 00:26:41,359 Speaker 1: and also hadn't given any other explanation for why he 412 00:26:41,440 --> 00:26:44,959 Speaker 1: was there, and Short described John as much more than 413 00:26:44,960 --> 00:26:48,560 Speaker 1: a passive participant. When Short had tried to stop the fight, 414 00:26:48,920 --> 00:26:52,520 Speaker 1: the shopkeeper said John had grabbed him and told him 415 00:26:52,520 --> 00:26:56,840 Speaker 1: to let Greek whip Quinn. To further bolster their claimed 416 00:26:56,840 --> 00:26:59,840 Speaker 1: that Quinn was genuinely afraid for his life. Lincoln and 417 00:27:00,040 --> 00:27:03,040 Speaker 1: Logan wanted to prove that Greek had been threatening Quinn 418 00:27:03,080 --> 00:27:06,119 Speaker 1: for weeks, but when they introduced their first witness to 419 00:27:06,160 --> 00:27:11,840 Speaker 1: these threats, doctor John Allen, Palmer, quickly objected Allan's testimony. 420 00:27:12,040 --> 00:27:15,399 Speaker 1: Palmer argued to Judge Rice would be more prejudicial than 421 00:27:15,440 --> 00:27:20,119 Speaker 1: probative unless quote evidence was shown in connection with it 422 00:27:20,400 --> 00:27:23,960 Speaker 1: to bring knowledge of these threats to the defendant. If 423 00:27:24,040 --> 00:27:27,280 Speaker 1: Quinn hadn't heard these threats, then they were irrelevant, per 424 00:27:27,320 --> 00:27:31,320 Speaker 1: Palmer's argument. Lincoln and Logan fought back hard in an 425 00:27:31,400 --> 00:27:35,399 Speaker 1: extended argument that Judge Rice dismissed the jury for, but 426 00:27:35,520 --> 00:27:40,280 Speaker 1: ultimately the judge decided not to allow Allen's testimony. Lincoln 427 00:27:40,320 --> 00:27:43,240 Speaker 1: and Logan managed to get a related witness, Thomas White, 428 00:27:43,359 --> 00:27:46,800 Speaker 1: on the stand because White had directly told Quinn about 429 00:27:46,800 --> 00:27:49,920 Speaker 1: the threats Greek had made, but to get further testimony 430 00:27:49,960 --> 00:27:54,400 Speaker 1: of this nature admitted, the defense changed their approach. They 431 00:27:54,400 --> 00:27:57,280 Speaker 1: decided to call witnesses who had spoken to Greek Crafted 432 00:27:57,359 --> 00:28:00,960 Speaker 1: immediately before the fight. On the sixteenth, when the prosecution 433 00:28:01,200 --> 00:28:05,040 Speaker 1: again objected, the defense responded that these witnesses were there 434 00:28:05,119 --> 00:28:09,600 Speaker 1: to speak to Greek Crafton's intent, not Quinn Harrison's fears. 435 00:28:10,520 --> 00:28:14,680 Speaker 1: Jud Rice decided to allow the testimony. The defense brought 436 00:28:14,680 --> 00:28:17,480 Speaker 1: on multiple men who had spoken to Greek shortly before 437 00:28:17,480 --> 00:28:21,119 Speaker 1: the fight and heard him threaten to attack Quinn. Doctor 438 00:28:21,200 --> 00:28:24,160 Speaker 1: John Allen came back to the stand and discussed how 439 00:28:24,280 --> 00:28:27,280 Speaker 1: thirty minutes before the fight he saw Greek at another 440 00:28:27,400 --> 00:28:30,159 Speaker 1: store in town, and Greek had told him that he 441 00:28:30,240 --> 00:28:34,160 Speaker 1: was there lying in wait for Quinn. When Quinn did 442 00:28:34,200 --> 00:28:38,800 Speaker 1: not show, Alan said Greek left. Thanks to these witnesses, 443 00:28:38,880 --> 00:28:41,560 Speaker 1: the defense could paint a better picture of the atmosphere 444 00:28:41,600 --> 00:28:47,960 Speaker 1: immediately before the fight, Greek's determination, Quinn's anxious anticipation. There 445 00:28:48,000 --> 00:28:51,600 Speaker 1: was one final legal battle ahead of them. Lincoln and 446 00:28:51,640 --> 00:28:54,600 Speaker 1: Logan had gotten the threat testimony admitted by saying that 447 00:28:54,640 --> 00:28:57,480 Speaker 1: it spoke to Greek's state of mind before the fight. 448 00:28:58,520 --> 00:29:01,120 Speaker 1: Now they wanted to bring on a witness who could 449 00:29:01,120 --> 00:29:05,240 Speaker 1: speak to Greek's feelings after someone who had spoken to 450 00:29:05,320 --> 00:29:10,240 Speaker 1: Greek Crafton on his deathbed, the Reverend Peter Cartwright, had 451 00:29:10,240 --> 00:29:13,440 Speaker 1: heard some of Greek's last words, and these words were 452 00:29:13,560 --> 00:29:17,080 Speaker 1: sure to make waves if the defense could get Cartwright's 453 00:29:17,080 --> 00:29:21,480 Speaker 1: testimony admitted. The moment Logan asked Cartwright about what Greek 454 00:29:21,520 --> 00:29:24,760 Speaker 1: Crafton had said to him, John Palmer was on his feet, 455 00:29:24,800 --> 00:29:29,920 Speaker 1: objecting this was hearsay. Palmer said Greek Grafton was certainly 456 00:29:29,920 --> 00:29:33,280 Speaker 1: not available to be questioned on his words, the testimony 457 00:29:33,400 --> 00:29:38,520 Speaker 1: was inadmissible. Logan countered that these words were Greek's dying declaration, 458 00:29:39,080 --> 00:29:41,800 Speaker 1: a category of speech that is often an exception to 459 00:29:41,840 --> 00:29:44,560 Speaker 1: the hearsay rule on the belief that a dying person 460 00:29:44,600 --> 00:29:47,600 Speaker 1: will be honest. Judge Rice said that he wanted to 461 00:29:47,600 --> 00:29:51,200 Speaker 1: hear Cartwright's testimony out of the jury's earshot before ruling. 462 00:29:52,120 --> 00:29:55,200 Speaker 1: Once Cartwright told his story, Judge Rice took some time 463 00:29:55,240 --> 00:29:59,600 Speaker 1: to consider his decision. Then he began to speak. The 464 00:29:59,720 --> 00:30:03,600 Speaker 1: law could often be ambiguous or difficult to interpret. Rice 465 00:30:03,640 --> 00:30:08,160 Speaker 1: said dying declarations were one such gray area in the law. 466 00:30:08,760 --> 00:30:13,040 Speaker 1: There were specific criteria that admissible dying declarations had to meet, 467 00:30:13,560 --> 00:30:18,440 Speaker 1: and he just wasn't sure if this testimony met those criteria. 468 00:30:18,560 --> 00:30:22,600 Speaker 1: Hearing this, Abraham Lincoln jumped to his feet. This moment 469 00:30:22,640 --> 00:30:25,920 Speaker 1: would be burned into those who witnessed it. The court 470 00:30:25,960 --> 00:30:29,280 Speaker 1: reporter Robert hit later said, quote, I never saw a 471 00:30:29,360 --> 00:30:33,280 Speaker 1: demonstration of power manifested in any human being in my 472 00:30:33,480 --> 00:30:38,480 Speaker 1: life equal to that. Lincoln was furious. He believed that 473 00:30:38,560 --> 00:30:43,080 Speaker 1: Rice was gravely wrong. This testimony was admissible, and to 474 00:30:43,200 --> 00:30:47,200 Speaker 1: exclude it, he thought would be a miscarriage of justice. 475 00:30:47,280 --> 00:30:50,920 Speaker 1: Lincoln began to pace back and forth, passionately making his case. 476 00:30:51,680 --> 00:30:55,280 Speaker 1: He characterized the continued rulings against him, wrote his law 477 00:30:55,320 --> 00:31:00,200 Speaker 1: partner William Herndon, as not only unjust, but foolish, and 478 00:31:00,280 --> 00:31:03,520 Speaker 1: figuratively speaking, he peeled the court from head to foot. 479 00:31:04,280 --> 00:31:07,920 Speaker 1: He was brought up to the point of madness, alternately 480 00:31:08,000 --> 00:31:11,800 Speaker 1: furious and eloquent, pursuing the court with broad facts and 481 00:31:11,920 --> 00:31:17,080 Speaker 1: pointed inquiries in marked and rapid succession. When Lincoln was finished, 482 00:31:17,120 --> 00:31:21,800 Speaker 1: He composed himself and walked back to the defense table, saying, quote, 483 00:31:22,320 --> 00:31:26,920 Speaker 1: the deceased has a right to be heard Onlookers waited 484 00:31:26,960 --> 00:31:30,920 Speaker 1: with bated breath. Judd Rice wasn't known for his tolerance 485 00:31:30,960 --> 00:31:35,320 Speaker 1: for outbursts. Would he censure Lincoln. But Rice kept his 486 00:31:35,400 --> 00:31:39,760 Speaker 1: composure smoothly, telling the lawyers that before he had been 487 00:31:39,800 --> 00:31:43,760 Speaker 1: so rudely interrupted, he had actually been about to rule 488 00:31:43,800 --> 00:31:47,920 Speaker 1: the testimony admissible, although he wasn't sure it strictly met 489 00:31:48,000 --> 00:31:51,680 Speaker 1: the definition of a dying declaration. Rice said he wasn't 490 00:31:51,720 --> 00:31:56,280 Speaker 1: sure it didn't either. Observers didn't know whether to buy 491 00:31:56,280 --> 00:32:00,000 Speaker 1: the judge's story or not herndon a pined quote. Lincoln 492 00:32:00,320 --> 00:32:04,160 Speaker 1: so effectually badgered the judge that strange as it may seem, 493 00:32:04,320 --> 00:32:06,880 Speaker 1: he pretended to see the error in his former position 494 00:32:07,320 --> 00:32:11,680 Speaker 1: and finally reversed his decision in Lincoln's favor. But whatever 495 00:32:11,800 --> 00:32:15,720 Speaker 1: Rice's original intent, he had ruled and Reverend Cartwright could 496 00:32:15,760 --> 00:32:20,000 Speaker 1: deliver his testimony. Cartwright returned to the stand, this time 497 00:32:20,040 --> 00:32:23,920 Speaker 1: with the jury present. Cartwright was a fascinating witness for 498 00:32:24,000 --> 00:32:28,160 Speaker 1: many reasons. For one thing, he was Quinn Harrison's grandfather. 499 00:32:29,160 --> 00:32:33,320 Speaker 1: Usually that would have rendered his testimony suspect, but Cartwright's 500 00:32:33,320 --> 00:32:37,320 Speaker 1: public reputation far outweighed any personal entanglements he had with 501 00:32:37,400 --> 00:32:41,240 Speaker 1: the case. In eighteen fifty nine, Peter Cartwright was one 502 00:32:41,280 --> 00:32:44,720 Speaker 1: of the most famous preachers in the country, a leader 503 00:32:44,760 --> 00:32:47,120 Speaker 1: of the religious revival that would come to be known 504 00:32:47,160 --> 00:32:52,160 Speaker 1: as the Second Great Awakening, known as God's Plowman. Cartwright's 505 00:32:52,200 --> 00:32:56,520 Speaker 1: eighteen fifty seven book, Autobiography of Peter Cartwright The Backwoods Preacher, 506 00:32:56,880 --> 00:33:00,360 Speaker 1: which documented his decades spent energetically traveling a miast his 507 00:33:00,440 --> 00:33:03,680 Speaker 1: frontiers in search of people to convert, had won a 508 00:33:03,800 --> 00:33:09,040 Speaker 1: claim all across the country. Cartwright was not universally beloved. 509 00:33:09,320 --> 00:33:12,360 Speaker 1: He could be single minded and militant. One of his 510 00:33:12,480 --> 00:33:15,960 Speaker 1: most frequent opponents was Abraham Lincoln, who disliked the way 511 00:33:16,080 --> 00:33:20,120 Speaker 1: Cartwright mixed religion and politics. Lincoln and Cartwright had run 512 00:33:20,160 --> 00:33:24,040 Speaker 1: against each other for Congress in eighteen forty six. Lincoln won, 513 00:33:25,200 --> 00:33:29,560 Speaker 1: but even Lincoln could not deny Cartwright's integrity. That's why 514 00:33:29,640 --> 00:33:32,520 Speaker 1: when he heard what Cartwright had been told by Greek Crafton, 515 00:33:33,080 --> 00:33:35,480 Speaker 1: he had known that he needed to get the reverend 516 00:33:35,560 --> 00:33:40,360 Speaker 1: on the stand. Now, in front of a wrapped courtroom, 517 00:33:40,680 --> 00:33:44,920 Speaker 1: Cartwright told his story. After the fight, Greek Crafton had 518 00:33:44,960 --> 00:33:49,200 Speaker 1: summoned Cartwright to his bedside. The honest hour has come, 519 00:33:49,640 --> 00:33:53,440 Speaker 1: Cartwright recounted Greek, telling him and in a few moments, 520 00:33:53,520 --> 00:33:57,000 Speaker 1: I expect to stand before my final judge. Do you 521 00:33:57,040 --> 00:33:59,880 Speaker 1: think there is any mercy for me? Will you pray 522 00:34:00,120 --> 00:34:04,920 Speaker 1: for me? Cartwright, in reply expressed his quote deep and 523 00:34:05,080 --> 00:34:09,279 Speaker 1: heartfelt regret that this calamity had fallen upon Greek. The 524 00:34:09,360 --> 00:34:13,440 Speaker 1: dying man took a moment and then said, yes, I 525 00:34:13,520 --> 00:34:18,520 Speaker 1: have brought it upon myself, and I forgive Quinn. Cartwright 526 00:34:18,560 --> 00:34:22,480 Speaker 1: then conducted religious services, noting for the jury how Greek 527 00:34:22,520 --> 00:34:27,560 Speaker 1: had shown great composure. When Cartwright's prayers concluded, Greek repeated 528 00:34:27,600 --> 00:34:31,959 Speaker 1: his earlier words, I have brought it upon myself. He said, 529 00:34:32,800 --> 00:34:35,759 Speaker 1: I forgive Quinn, and I want it said to all 530 00:34:35,800 --> 00:34:38,400 Speaker 1: my friends that I have no enmity in my heart 531 00:34:38,440 --> 00:34:44,000 Speaker 1: against any man. Cartwright's words hung in the courtroom. Greek 532 00:34:44,040 --> 00:34:48,680 Speaker 1: had forgiven his killer. He had blamed himself, not Quinn, 533 00:34:48,840 --> 00:34:52,919 Speaker 1: for his own death. It was a powerful plea from 534 00:34:52,960 --> 00:34:57,839 Speaker 1: beyond the grave for mercy. Of course, whether or not 535 00:34:57,920 --> 00:35:00,680 Speaker 1: a victim forgives their killer before dying, ying does not 536 00:35:00,840 --> 00:35:05,000 Speaker 1: actually determine if the killer broke a law. In closing arguments, 537 00:35:05,080 --> 00:35:08,040 Speaker 1: the prosecution reminded the jury of the plain facts of 538 00:35:08,080 --> 00:35:12,120 Speaker 1: the case. Norman Broadwell began recapping the testimony of the 539 00:35:12,160 --> 00:35:15,719 Speaker 1: prosecution's witnesses for the jury, and then reminding jurors of 540 00:35:15,760 --> 00:35:20,120 Speaker 1: what exactly Illinois law said to use lethal force against 541 00:35:20,120 --> 00:35:24,480 Speaker 1: someone else and be justified. Broadwell explained that lethal force 542 00:35:24,680 --> 00:35:29,080 Speaker 1: must have been absolutely necessary. It must be the only 543 00:35:29,200 --> 00:35:32,760 Speaker 1: thing standing between you and your own death or serious injury. 544 00:35:33,560 --> 00:35:37,160 Speaker 1: That was not the situation Quinn Harrison was in. Broadwell argued, 545 00:35:37,880 --> 00:35:40,239 Speaker 1: he may have been frightened, but that didn't mean that 546 00:35:40,320 --> 00:35:45,440 Speaker 1: his life was truly in danger. Stephen Logan disagreed. In 547 00:35:45,480 --> 00:35:48,680 Speaker 1: his closing arguments, he portrayed Quinn Harrison as a man 548 00:35:48,800 --> 00:35:53,200 Speaker 1: with no other options when Greek Crafton attacked him. Quinn 549 00:35:53,280 --> 00:35:56,520 Speaker 1: had tried to resist, He'd told Greek he didn't want 550 00:35:56,520 --> 00:36:00,479 Speaker 1: to fight. He'd clung to the countertop, he called for help. 551 00:36:01,160 --> 00:36:04,440 Speaker 1: None of that had stopped the attack. It was only 552 00:36:04,520 --> 00:36:07,239 Speaker 1: after he had been pulled free and it appeared that 553 00:36:07,360 --> 00:36:10,759 Speaker 1: John Crafton might join the fray. Logan said that in 554 00:36:10,800 --> 00:36:13,120 Speaker 1: fear for his life, he had struck back with the 555 00:36:13,160 --> 00:36:16,360 Speaker 1: only weapon he had available to him. He asked the 556 00:36:16,440 --> 00:36:21,920 Speaker 1: jurors to put themselves in Quinn's shoes. Abraham Lincoln was 557 00:36:22,040 --> 00:36:27,560 Speaker 1: up next. Lincoln's closing arguments were legendary. At no time 558 00:36:27,640 --> 00:36:31,840 Speaker 1: were his eloquence, his intelligence, and his empathy so clearly 559 00:36:31,920 --> 00:36:36,400 Speaker 1: on display than in these moments. That afternoon. Lincoln didn't 560 00:36:36,400 --> 00:36:39,800 Speaker 1: focus just on Quinn. He spent much of his closing 561 00:36:39,920 --> 00:36:44,600 Speaker 1: argument talking about Greek. He had known Greek well, he 562 00:36:44,719 --> 00:36:47,760 Speaker 1: had mentored the young man. At one point, he spoke 563 00:36:47,800 --> 00:36:51,200 Speaker 1: of his own personal grief. Lincoln knew that he was 564 00:36:51,280 --> 00:36:55,480 Speaker 1: not alone in this sadness, but that grief, he said softly, 565 00:36:55,960 --> 00:37:00,239 Speaker 1: would not be healed by punishing another young man. Had 566 00:37:00,280 --> 00:37:04,840 Speaker 1: had no murderous intent. He had acted impulsively out of 567 00:37:04,880 --> 00:37:09,120 Speaker 1: a genuine belief that he might die. Punishing Quinn would 568 00:37:09,200 --> 00:37:13,160 Speaker 1: not bring Greek back, it would not heal the wounds, 569 00:37:14,120 --> 00:37:18,120 Speaker 1: and it would not accord with the law. As Lincoln concluded, 570 00:37:18,320 --> 00:37:22,040 Speaker 1: many in the courtroom had tears rolling down their cheeks. 571 00:37:23,880 --> 00:37:28,680 Speaker 1: John Palmer delivered the trial's final closing argument. Throughout the trial, 572 00:37:28,800 --> 00:37:32,040 Speaker 1: Palmer had been a calm, affable presence in the courtroom, 573 00:37:32,840 --> 00:37:36,680 Speaker 1: arguing his case, forcefully, of course, but never getting too personal. 574 00:37:37,440 --> 00:37:40,920 Speaker 1: After all, he knew and respected the defend Flowyer's But 575 00:37:41,040 --> 00:37:45,520 Speaker 1: for some reason, Lincoln's closing argument had set John Palmer off. 576 00:37:46,160 --> 00:37:48,960 Speaker 1: His first words were not about Gwyn Harrison, but about 577 00:37:49,000 --> 00:37:54,120 Speaker 1: Abraham Lincoln. Well, gentlemen, Palmer said, you have heard mister 578 00:37:54,200 --> 00:37:58,640 Speaker 1: Lincoln hones stay Lincoln, they call him. I believe, and 579 00:37:58,719 --> 00:38:01,240 Speaker 1: I suppose you think you have heard the honest truth, 580 00:38:01,960 --> 00:38:04,799 Speaker 1: or at least that mister Lincoln believes what he had 581 00:38:04,840 --> 00:38:07,880 Speaker 1: told you to be the truth. I tell you he 582 00:38:08,000 --> 00:38:13,319 Speaker 1: believes no such thing. That frank, ingenious face of his, 583 00:38:14,040 --> 00:38:19,120 Speaker 1: those looks and tones of such unsophisticated simplicity, those appeals 584 00:38:19,160 --> 00:38:23,600 Speaker 1: to your minds and consciences, as sworn jurors, are all 585 00:38:23,719 --> 00:38:29,200 Speaker 1: assumed for the occasion, gentlemen, all a mask. Gentlemen, you 586 00:38:29,320 --> 00:38:32,520 Speaker 1: have been listening for the last hour to an actor 587 00:38:33,200 --> 00:38:36,080 Speaker 1: who knows well how to play the role of honest 588 00:38:36,239 --> 00:38:42,080 Speaker 1: seeming for effect. Abraham Lincoln could take no more. He 589 00:38:42,200 --> 00:38:45,719 Speaker 1: stood and rebuked Palmer, saying, mister Palmer, you have known 590 00:38:45,760 --> 00:38:48,720 Speaker 1: me for years, and you know that not a word 591 00:38:48,719 --> 00:38:52,080 Speaker 1: of that language can be applied to me. Palmer stared, 592 00:38:52,120 --> 00:38:56,960 Speaker 1: at Lincoln hard and then deflated. Yes, mister Lincoln, I 593 00:38:57,120 --> 00:38:59,959 Speaker 1: do know it, and I take it all back, he said. 594 00:39:00,920 --> 00:39:05,120 Speaker 1: The two men shook hands. It was hard for observers 595 00:39:05,120 --> 00:39:09,480 Speaker 1: to understand what had just happened. Was Palmer really angry 596 00:39:10,120 --> 00:39:13,880 Speaker 1: or was he just trying by dramatic means to dispel 597 00:39:14,000 --> 00:39:17,440 Speaker 1: the spell that Lincoln's closing had cast over the courtroom. 598 00:39:18,080 --> 00:39:21,520 Speaker 1: Either way, the rest of Palmer's closing was much less exciting. 599 00:39:22,000 --> 00:39:25,600 Speaker 1: He spoke for three hours, according to the State Journal quote, 600 00:39:25,840 --> 00:39:30,720 Speaker 1: evincing great ingenuity in handling the testimony, interspersing many remarks 601 00:39:30,760 --> 00:39:34,480 Speaker 1: upon human nature and human passions, the duties of the citizens, 602 00:39:34,520 --> 00:39:37,360 Speaker 1: and the spirit of the law. He pushed back on 603 00:39:37,400 --> 00:39:41,080 Speaker 1: the defense's depiction of Quinn Harrison as a weak, frightened innocent, 604 00:39:41,640 --> 00:39:45,640 Speaker 1: describing all the times Quinn had provoked Greek crafton and 605 00:39:45,719 --> 00:39:49,240 Speaker 1: recounting how Quinn had told people he would strike back 606 00:39:49,320 --> 00:39:55,080 Speaker 1: if Greek tried anything. When Palmer concluded, Judge Rice instructed 607 00:39:55,080 --> 00:39:58,080 Speaker 1: the jury and then dismissed them to deliberate. It was 608 00:39:58,120 --> 00:40:01,879 Speaker 1: shortly after four pm on Siptem third, eighteen fifty nine. 609 00:40:02,480 --> 00:40:04,960 Speaker 1: It took the jury little more than an hour to 610 00:40:05,000 --> 00:40:08,480 Speaker 1: reach a verdict. Once everyone was back inside the courtroom, 611 00:40:08,600 --> 00:40:11,120 Speaker 1: the jury foreman handed the bailiff a piece of paper 612 00:40:11,160 --> 00:40:15,200 Speaker 1: with their decision written inside. The bailiff passed the paper 613 00:40:15,280 --> 00:40:19,000 Speaker 1: to Judge Rice, who read it aloud. On the charge 614 00:40:19,000 --> 00:40:22,279 Speaker 1: of murder for the death of Greek Crafton, the defendant, 615 00:40:22,680 --> 00:40:31,239 Speaker 1: Quinn Harrison was found not guilty, though the courtroom broke 616 00:40:31,280 --> 00:40:35,280 Speaker 1: into tears upon the judge's announcement. Not everyone was happy 617 00:40:35,400 --> 00:40:41,279 Speaker 1: about Quinn Harrison's acquittal. Greek Crafton's friends and family were furious. 618 00:40:41,680 --> 00:40:44,560 Speaker 1: They felt certain that Quinn had gotten away with murder. 619 00:40:45,239 --> 00:40:48,640 Speaker 1: Their anger over the issue eventually prompted local law enforcement 620 00:40:48,680 --> 00:40:52,200 Speaker 1: officers to arrest Benjamin Short, the drug store owner who 621 00:40:52,200 --> 00:40:54,520 Speaker 1: had tried to break up the fight, and charge him 622 00:40:54,520 --> 00:40:59,040 Speaker 1: as an accessory in Greek's murder. The charges were eventually dropped, 623 00:40:59,320 --> 00:41:04,040 Speaker 1: with the animal lingered. Perhaps because of this animosity, Quinn 624 00:41:04,080 --> 00:41:07,600 Speaker 1: Harrison never seemed to be comfortable in Pleasant Plains again. 625 00:41:08,480 --> 00:41:11,960 Speaker 1: He began a pattern of wandering, venturing into the frontier 626 00:41:12,120 --> 00:41:16,160 Speaker 1: for long spells. Even his eighteen sixty seven marriage to 627 00:41:16,239 --> 00:41:19,160 Speaker 1: a woman named Emmeline couldn't keep him in one place. 628 00:41:20,040 --> 00:41:22,960 Speaker 1: Though the couple had two children. They would eventually divorce 629 00:41:23,000 --> 00:41:26,840 Speaker 1: in eighteen ninety eight after Emmeline charged Quinn with desertion. 630 00:41:28,440 --> 00:41:32,719 Speaker 1: Quinn Harrison died in nineteen twenty in Missouri. Though the 631 00:41:32,760 --> 00:41:36,239 Speaker 1: trial had grown contentious by the end, the lawyers involved 632 00:41:36,280 --> 00:41:40,840 Speaker 1: all remained friends. Abraham Lincoln quickly forgave John Palmer for 633 00:41:40,880 --> 00:41:45,000 Speaker 1: his courtroom outburst. Two months after the trial ended, Lincoln 634 00:41:45,040 --> 00:41:48,800 Speaker 1: campaigned for Palmer to fill an empty congressional seat, describing 635 00:41:48,840 --> 00:41:53,880 Speaker 1: Palmer as quote good and true. Palmer lost this election, 636 00:41:54,239 --> 00:41:57,680 Speaker 1: that he would soon return Lincoln's political support, as would 637 00:41:57,680 --> 00:42:01,680 Speaker 1: two other lawyers from the trial. In May eighteen sixty, 638 00:42:01,800 --> 00:42:05,600 Speaker 1: the Republican Party held its presidential nominating convention in Chicago. 639 00:42:06,440 --> 00:42:09,319 Speaker 1: William Seward, a senator from New York, was considered the 640 00:42:09,320 --> 00:42:13,440 Speaker 1: front runner, but there were multiple other candidates, including Illinois's 641 00:42:13,440 --> 00:42:18,280 Speaker 1: own Abraham Lincoln, John Palmer, Norman Broadwell, and Stephen Logan. 642 00:42:18,760 --> 00:42:22,480 Speaker 1: All lobbied heavily for Lincoln, who emerged from the convention 643 00:42:22,640 --> 00:42:27,200 Speaker 1: as a surprise nominee. Logan then helped Lincoln raise thousands 644 00:42:27,239 --> 00:42:31,000 Speaker 1: of dollars to fund his campaign. Lincoln stayed close with 645 00:42:31,080 --> 00:42:33,960 Speaker 1: many of his Illinois connections during his time in office. 646 00:42:34,640 --> 00:42:38,359 Speaker 1: He asked Stephen Logan to edit his inaugural address. He 647 00:42:38,400 --> 00:42:41,799 Speaker 1: appointed John Palmer to be military governor of Kentucky after 648 00:42:41,840 --> 00:42:46,240 Speaker 1: the Civil War. These men would stand by Lincoln's side 649 00:42:46,280 --> 00:42:51,200 Speaker 1: even in death. On April fifteenth, eighteen sixty five, Stephen 650 00:42:51,239 --> 00:42:54,640 Speaker 1: Logan delivered a eulogy at the Springfield Memorial for Lincoln, 651 00:42:55,280 --> 00:42:57,920 Speaker 1: recording his legacy in a way that would resonate with 652 00:42:58,000 --> 00:43:01,880 Speaker 1: anyone who saw him in action at the Hair Trial. Quote. 653 00:43:02,239 --> 00:43:06,000 Speaker 1: When Lincoln believed his client was right, especially in difficult 654 00:43:06,000 --> 00:43:10,480 Speaker 1: and complicated cases, he was the strongest and most comprehensive 655 00:43:10,520 --> 00:43:14,000 Speaker 1: reasoner and lawyer I had ever met. Or if the 656 00:43:14,040 --> 00:43:17,040 Speaker 1: case was somewhat doubtful but could be decided either way 657 00:43:17,120 --> 00:43:21,799 Speaker 1: without violating any just, equitable, or moral principle, he was 658 00:43:22,080 --> 00:43:25,600 Speaker 1: very strong. But if he thought his client was wrong, 659 00:43:26,200 --> 00:43:29,960 Speaker 1: he would make very little effort. In other words, Lincoln 660 00:43:30,040 --> 00:43:35,080 Speaker 1: the lawyer was very much like Lincoln the president. That's 661 00:43:35,120 --> 00:43:38,600 Speaker 1: the story of Illinois v. Quinn Harrison. Stay with me 662 00:43:38,640 --> 00:43:41,480 Speaker 1: after the break to hear the amazing tale of just 663 00:43:41,560 --> 00:43:44,480 Speaker 1: how we know as much as we do about this trial. 664 00:43:47,000 --> 00:43:50,560 Speaker 1: For years, the shoe box sat in a garage, its 665 00:43:50,600 --> 00:43:54,800 Speaker 1: sides slightly sagging with damp its corners nibbled away by mice. 666 00:43:55,640 --> 00:43:59,239 Speaker 1: When the garage's owner moved from Fresno to Huntsville, Alabama, 667 00:43:59,480 --> 00:44:01,759 Speaker 1: he took the sho shoe box with him. It might 668 00:44:01,800 --> 00:44:04,400 Speaker 1: not have looked like much, but the box contained a 669 00:44:04,440 --> 00:44:08,440 Speaker 1: family heirloom. In nineteen eighty nine, after the owner died, 670 00:44:08,920 --> 00:44:11,479 Speaker 1: his widow presented the box to a group she thought 671 00:44:11,560 --> 00:44:16,240 Speaker 1: might be interested in its contents. The group couldn't believe 672 00:44:16,280 --> 00:44:21,080 Speaker 1: their luck. Inside the shoe box were one hundred handwritten pages, 673 00:44:21,600 --> 00:44:25,359 Speaker 1: carefully ordered and tied together with a yellow ribbon. It 674 00:44:25,440 --> 00:44:30,560 Speaker 1: was a transcript of Abraham Lincoln's last murder trial. The 675 00:44:30,640 --> 00:44:35,560 Speaker 1: man who had owned the transcript was Quinn Harrison's great grandson, William. 676 00:44:35,760 --> 00:44:38,600 Speaker 1: The transcript had been passed down from father to son 677 00:44:38,760 --> 00:44:42,799 Speaker 1: for four generations. After William's widow presented it to the 678 00:44:42,840 --> 00:44:46,720 Speaker 1: Lincoln Legal Papers, a research group dedicated to exploring Lincoln's 679 00:44:46,800 --> 00:44:50,839 Speaker 1: law career, the group made the transcript publicly available. It's 680 00:44:50,920 --> 00:44:55,719 Speaker 1: a remarkably rich document. The transcript transports you into the courtroom, 681 00:44:55,960 --> 00:44:59,800 Speaker 1: reporting on not just the words spoken, but the actions, movements, 682 00:44:59,800 --> 00:45:04,160 Speaker 1: and emotions of the participants and the onlookers. The transcript 683 00:45:04,239 --> 00:45:07,080 Speaker 1: lets us see Lincoln as a lawyer, just as if 684 00:45:07,080 --> 00:45:10,880 Speaker 1: he were speaking in front of us today. The existence 685 00:45:10,880 --> 00:45:14,040 Speaker 1: of this transcript is astonishing for a number of reasons. 686 00:45:14,880 --> 00:45:17,400 Speaker 1: Of course, there's the miracle of it surviving one hundred 687 00:45:17,400 --> 00:45:21,120 Speaker 1: and thirty years in non archival environments, but even more 688 00:45:21,160 --> 00:45:24,320 Speaker 1: than that, it's amazing that this transcript was even created. 689 00:45:25,040 --> 00:45:28,120 Speaker 1: At the time. Most trials, if they were recorded at all, 690 00:45:28,400 --> 00:45:32,600 Speaker 1: were just summarized. This kind of verbatim report is very unusual. 691 00:45:33,160 --> 00:45:36,799 Speaker 1: How did it come to be likely thanks at least 692 00:45:36,840 --> 00:45:41,560 Speaker 1: indirectly to Abraham Lincoln himself. The Illinois State Journal, aware 693 00:45:41,560 --> 00:45:44,440 Speaker 1: of Lincoln's growing fame and the high profile nature of 694 00:45:44,480 --> 00:45:47,960 Speaker 1: the case, hired a shorthand reporter to transcribe the trial. 695 00:45:48,760 --> 00:45:50,399 Speaker 1: They didn't have to look hard to find a good 696 00:45:50,440 --> 00:45:54,880 Speaker 1: shorthand man. Only a year earlier, Abraham Lincoln had hired 697 00:45:54,920 --> 00:45:58,880 Speaker 1: a young shorthand reporter named Robert R. Hit to transcribe 698 00:45:58,880 --> 00:46:03,200 Speaker 1: his debates with Stephen's Douglas. HiT's transcriptions had been instrumental 699 00:46:03,280 --> 00:46:06,840 Speaker 1: in spreading news of Lincoln's performance nationwide, and they'd helped 700 00:46:06,840 --> 00:46:10,040 Speaker 1: make hits reputation too, which is perhaps how the State 701 00:46:10,120 --> 00:46:14,000 Speaker 1: Journal selected him to cover the Harrison trial. Robert Hit 702 00:46:14,080 --> 00:46:17,960 Speaker 1: attended every day of the trial, making shorthand transcriptions and 703 00:46:17,960 --> 00:46:22,000 Speaker 1: then painstakingly copying the transcriptions out in long form each night. 704 00:46:22,800 --> 00:46:25,840 Speaker 1: He had to make multiple copies. Besides the reports that 705 00:46:25,880 --> 00:46:28,560 Speaker 1: he sent to the State Journal, Hit was also offering 706 00:46:28,600 --> 00:46:33,400 Speaker 1: copies for a price to trial participants. Abraham Lincoln subscribed, 707 00:46:33,640 --> 00:46:36,680 Speaker 1: paying Hit twenty seven dollars and fifty cents for his copy. 708 00:46:37,280 --> 00:46:41,000 Speaker 1: Greek Crafton's family subscribed too, though Hit charged them two 709 00:46:41,040 --> 00:46:44,239 Speaker 1: dollars and fifty cents less than he'd charged Lincoln. A 710 00:46:44,280 --> 00:46:47,239 Speaker 1: transcript could be helpful in the case of an appeal, so, 711 00:46:47,400 --> 00:46:50,800 Speaker 1: of course Quinn Harrison's family bought a copy as well, 712 00:46:51,440 --> 00:46:54,359 Speaker 1: which is how one hundred and sixty five years after 713 00:46:54,360 --> 00:46:57,719 Speaker 1: the Harrison trial ended, we could imagine ourselves in the 714 00:46:57,760 --> 00:47:02,600 Speaker 1: Sangamin County Courthouse with row seats to Abraham Lincoln's last 715 00:47:02,719 --> 00:47:06,920 Speaker 1: murder trial. Thank you for listening to History on Trial. 716 00:47:07,280 --> 00:47:10,080 Speaker 1: If you enjoyed this episode, please consider leaving a rating 717 00:47:10,200 --> 00:47:12,760 Speaker 1: or review. It can help new listeners find the show. 718 00:47:13,520 --> 00:47:16,360 Speaker 1: My main sources for this episode were Dan Abrams and 719 00:47:16,480 --> 00:47:19,880 Speaker 1: David Fisher's book Lincoln's last trial, the murder case that 720 00:47:19,920 --> 00:47:22,800 Speaker 1: propelled him to the presidency, as well as the trial 721 00:47:22,880 --> 00:47:26,480 Speaker 1: transcript and other materials contained in the second edition of 722 00:47:27,040 --> 00:47:31,000 Speaker 1: the Law Practice of Abraham Lincoln Complete Documentary Edition, a 723 00:47:31,040 --> 00:47:35,400 Speaker 1: publication of the Illinois Historic Preservation Agency edited by Martha L. 724 00:47:35,440 --> 00:47:39,279 Speaker 1: Behner and Colin Davis. For a complete bibliography, as well 725 00:47:39,320 --> 00:47:42,560 Speaker 1: as a transcript of the episode with citations, please visit 726 00:47:42,560 --> 00:47:48,120 Speaker 1: our website History on Trial podcast dot com. History on 727 00:47:48,239 --> 00:47:52,160 Speaker 1: Trial is written and hosted by me Mira Hayward. The 728 00:47:52,239 --> 00:47:55,920 Speaker 1: show is edited and produced by Jesse Funk, with supervising 729 00:47:55,920 --> 00:48:01,000 Speaker 1: producer Trevor Young and executive producers Dana Schwartz, Ali Xander Williams, 730 00:48:01,320 --> 00:48:05,000 Speaker 1: Matt Frederick, and Mira Hayward. Learn more about the show 731 00:48:05,080 --> 00:48:09,040 Speaker 1: at History on Trial podcast dot com and follow us 732 00:48:09,040 --> 00:48:13,280 Speaker 1: on Instagram at History on Trial and on Twitter at 733 00:48:13,600 --> 00:48:18,799 Speaker 1: Underscore History on Trial. Find more podcasts from iHeartRadio by 734 00:48:18,840 --> 00:48:23,160 Speaker 1: visiting the iHeartRadio app, Apple Podcasts, or wherever you listen 735 00:48:23,200 --> 00:48:25,200 Speaker 1: to your favorite shows.