Speaker 1: You are listening to History on Trial, a production of
Speaker 1: iHeart Podcasts. Listener discretion advised. Greek Crafton's fate was sealed
Speaker 1: on the fourth of July. The citizens of Pleasant Plains, Illinois,
Speaker 1: had gathered in nearby Clary's Grove to celebrate Independence Day
Speaker 1: with a picnic, and it was on the journey to
Speaker 1: this picnic that Greek Crafton set into motion the chain
Speaker 1: of events that would lead two weeks later to his death.
Speaker 1: Frederick Henry saw it all happen. He and his friend
Speaker 1: Quinn Harrison were traveling by buggy to the picnic when
Speaker 1: the pair ran into Greek Crafton and his brother John.
Speaker 1: Frederick and Quinn stopped to chat to the Crafton boys,
Speaker 1: and that's when the trouble began. Greek and Quinn were
Speaker 1: roughly the same age, twenty three and twenty two, respectively,
Speaker 1: and they had grown up knowing each other. Pleasant Plain
Speaker 1: was a small town, only seven hundred people. Greek's brother
Speaker 1: William was even married to Quinn's sister Eliza. It was
Speaker 1: rumor had it not a happy marriage, and that bad
Speaker 1: marriage might have been the root of the bad blood
Speaker 1: between Greek and Quinn, which was now about to spill
Speaker 1: out into the open. After a few minutes of casual conversation,
Speaker 1: Greek took aim at Quinn, asking him whether he'd been
Speaker 1: speaking badly about the crafton family. Quinn did not deny it.
Speaker 1: If they had a problem, Greek responded, they should settle
Speaker 1: it sometime. Quinn said he wasn't interested in settling. Greek
Speaker 1: pulled his coat off and said, let's settle it now.
Speaker 1: Quinn tried to resist, saying he didn't want to fight,
Speaker 1: but Greek wouldn't be put off. The men started exchanging insults.
Speaker 1: Greek told Quinn he would whip him, and Quinn told
Speaker 1: Greek that he'd shoot him if he tried. Then, Greek
Speaker 1: made several attempts to jump into the now moving buggy.
Speaker 1: When he was pushed off, he started throwing clods of
Speaker 1: dirt at Quinn, but hit Quinn's friend Frederick instead. Frederick
Speaker 1: quickly drove off. Later that day, at the fourth of
Speaker 1: July picnic, Greek and Quinn had another run in. Greek
Speaker 1: approached Quinn and offered to make peace. Quinn responded that
Speaker 1: he had nothing to make peace for. Greek disagreed. Nothing
Speaker 1: was resolved. Tensions continued to escalate Over the next two weeks,
Speaker 1: Greek was heard throughout Pleasant Plains threatening Quinn. Quinn, who
Speaker 1: was smaller and weaker than Greek, started carrying a knife,
Speaker 1: afraid of being attacked by the larger man. On July sixteenth,
Speaker 1: Quinn Harrison was in Short and Heart's drug store, as
Speaker 1: was Greek Crafton's older brother John, when Greek came in
Speaker 1: and a fight broke out. Quinn did not want to fight.
Speaker 1: He held firm to the shop's counter, trying to resist,
Speaker 1: but Greek pulled at him till he came loose and
Speaker 1: dragged him to the back of the shop. The shopkeeper,
Speaker 1: Benjamin Short, tried to break the men up, but could not.
Speaker 1: At some point, Quinn managed to draw his knife and
Speaker 1: splashed out wildly at his attacker. When the dust settled
Speaker 1: and the men were finally separated, they saw with horror
Speaker 1: that Quinn had managed to wound Greek. Wound was maybe
Speaker 1: too light of a word. Greek had a deep cut
Speaker 1: running diagonally across his stomach from his rib cage to
Speaker 1: his groin. His intestines hung out. Greek Crafton survived for
Speaker 1: three more days, but eventually succumbed to his injuries. Pleasant
Speaker 1: Plains was divided over Quinn's guilt. Was this self defense
Speaker 1: or was it murder? Either way, the case was sure
Speaker 1: to go to trial. Quinn's father, Peyton, hired one of
Speaker 1: Illinois's most esteemed lawyers, a former judge named Stephen Logan,
Speaker 1: to defend his son. Logan, in turn, reached out to
Speaker 1: a former partner of his and asked for the man's
Speaker 1: assistance in the defense. This second lawyer would play a
Speaker 1: pivotal role, both in the trial itself and in guaranteeing
Speaker 1: that even one hundred and sixty five years later, we
Speaker 1: still know the story of Quinn, Harrison, and Greek crafton.
Speaker 1: It's not that it isn't an interesting story on its
Speaker 1: own merits. The trial represents the changing legal understanding of
Speaker 1: self defense and gives us excellent depictions of life in
Speaker 1: the informal courtrooms of rural America in the mid nineteenth century.
Speaker 1: But it is not a case that changed the course
Speaker 1: of history. Why then, do we know so much about it?
Speaker 1: It's all because of that second lawyer. He was a
Speaker 1: seasoned attorney with more than two dozen murder trials under
Speaker 1: his belt, and he was known for his folksy manner
Speaker 1: and powerful closing arguments. Quinn Harrison's murder trial was to
Speaker 1: be his very last, because fourteen months later, this lawyer
Speaker 1: would be elected a president of the United States. His
Speaker 1: name was Abraham Lincoln. In Quinn Harrison's trial, we get
Speaker 1: to see Abraham Lincoln as a man on the precipice.
Speaker 1: He had not yet decided to pursue the nomination for president,
Speaker 1: but his name was well known nationally thanks to his
Speaker 1: debates with Senator Stephen Douglas the year before. Taking on
Speaker 1: a murder case, one with complicated facts and no guaranteed outcome,
Speaker 1: was a risk. Lincoln would need to do his absolute best.
Speaker 1: Could he deliver Welcome to History on trial, I'm your host,
Speaker 1: Mira Hayward this week Illinois v. Quinn Harrison. There were
Speaker 1: many reasons for Abraham Lincoln to decline Stephen Logan's request
Speaker 1: that he joined Quinn Harrison's defense team. For one thing,
Speaker 1: Lincoln's schedule was packed. He had a full caseload of
Speaker 1: legal work. Like most lawyers at the time, Lincoln's practice
Speaker 1: was not specialized. He handled both criminal and civil cases.
Speaker 1: He might be drawing up a will one day, defending
Speaker 1: an accused murderer. The next cases weren't the only thing
Speaker 1: on Lincoln's calendar in the summer of eighteen fifty nine.
Speaker 1: He had quite a few political responsibilities too. Politics had
Speaker 1: been Lincoln's first calling even before the law He had
Speaker 1: served in the Illinois House of Representatives from eighteen thirty
Speaker 1: four to eighteen forty two, but being a politician didn't
Speaker 1: pay the bills. Before being elected, Lincoln had worked as
Speaker 1: a shopkeeper and a surveyor, but he was in search
Speaker 1: of a more permanent career. Another state representative suggested that
Speaker 1: he study law. Lincoln had previously considered becoming a lawyer,
Speaker 1: but hadn't pursued the idea, afraid that his lack of
Speaker 1: formal education would hold him back. But with his colleague's encouragement,
Speaker 1: Lincoln decided to try. He began reading law books voraciously
Speaker 1: between legislative sessions. On March twenty fourth, eighteen thirty six,
Speaker 1: the Sangoman County Court certified Lincoln as being a quote
Speaker 1: person of good moral character, which was the first requirement
Speaker 1: to practicing law in Illinois. Six months later, the Illinois
Speaker 1: Supreme Court issued him a law license. For the next decade,
Speaker 1: Lincoln focused on his law practice, honing his skills. He
Speaker 1: briefly returned to office, winning election to Congress in eighteen
Speaker 1: forty six, but only served one term. After that, he'd
Speaker 1: gone back to his law practice with renewed vigor, traveling
Speaker 1: across Illinois on the Eighth Judicial Circuit. But even as
Speaker 1: he won a claim as a lawyer, Lincoln's interest in
Speaker 1: politics never left him. In eighteen fifty six, he helped
Speaker 1: found the Illinois Republican Party, and two years later became
Speaker 1: the Republican's candidate for the Senate. His opponent in the
Speaker 1: eighteen fifty eight Senate race was the incumbent Stephen Douglas,
Speaker 1: a Democrat known as the Little Giant thanks to his
Speaker 1: short stature and towering presence. In the course of the election,
Speaker 1: Lincoln and Douglas held a series of seven debates. The
Speaker 1: two men mainly fought over the most pressing issue of
Speaker 1: the day, slavery. Though Lincoln ultimately lost the Senate race,
Speaker 1: his forceful, eloquent opposition to the expansion of slavery won
Speaker 1: him national recognition. Soon enough, people were whispering that Lincoln
Speaker 1: might be considered for the Republican presidential nomination in eighteen sixty. Hence,
Speaker 1: his grueling schedule in eighteen fifty nine. Throughout the year,
Speaker 1: Lincoln was busy making speeches and campaigning for Republican candidates
Speaker 1: across the Midwest. Lincoln's political position was another reason to
Speaker 1: turn down Logan's request. How would it look to political
Speaker 1: kingmakers if their potential candidate lost a major murder case
Speaker 1: on the eve of an election year. But there were
Speaker 1: also compelling reasons for Lincoln to say yes to Logan. First,
Speaker 1: and foremost, there was his history with Logan, which ran
Speaker 1: back decades. Stephen Trigg Logan was nine years older than Lincoln.
Speaker 1: Logan had come to Springfield, Illinois, from Kentucky in eighteen
Speaker 1: thirty two, and so quickly established a reputation for legal
Speaker 1: brilliance that he was made a judge only three years later.
Speaker 1: While a judge with the Sangamun County Circuit Court, Logan
Speaker 1: had helped set Lincoln on the path to being a
Speaker 1: lawyer by signing his eighteen thirty six Certification of moral character.
Speaker 1: In eighteen forty one, after Logan returned to private practice,
Speaker 1: he invited Lincoln to become his partner. The pair proved
Speaker 1: to be a good match. They had some things in common,
Speaker 1: political views for one, and a disdain for convention for another,
Speaker 1: which could be seen in their clothes. Both Logan and
Speaker 1: Lincoln were notoriously shabby dressers, but it was their differences
Speaker 1: that helped them succeed in the courtroom. Logan was a
Speaker 1: methodical lawyer with the encyclopedic knowledge of the law and
Speaker 1: a penchant for preparation. Lincoln was more often interested in
Speaker 1: the spirit of the law than the letter of it,
Speaker 1: and loved to improvise. Logan helped Lincoln get organized. In
Speaker 1: his words, when Lincoln went in with me, he turned
Speaker 1: in to try to know more and studied to learn
Speaker 1: how to prepare his cases. In return, Lincoln helped be
Speaker 1: somewhat prickly and awkward Logan win over juries. The pair
Speaker 1: had three fruitful years together in practice before Lincoln set
Speaker 1: off on his own. An end to their formal partnership
Speaker 1: did not mean that Lincoln and Logan stopped working together.
Speaker 1: Over the years, they would serve as co councils on
Speaker 1: nearly seven hundred cases and as opposing councils on three
Speaker 1: hundred more so. When Logan asked Lincoln for a favor,
Speaker 1: Lincoln was inclined to say yes. Logan wasn't Lincoln's only
Speaker 1: personal connection to the case. Lincoln knew Peyton Harrison, the
Speaker 1: father of Quinn Harrison well. The two were distantly related.
Speaker 1: They were third cousins, but their bond was more political
Speaker 1: than familial. The wealthy and prominent Harrison had supported Lincoln's
Speaker 1: political aspirations for years. Further, Lincoln had served alongside Quinn
Speaker 1: Harrison's cousin George, in the Blackhawk War. But Lincoln also
Speaker 1: knew the victim, Greek Crafton. He knew him very well.
Speaker 1: In fact, Greek had once served as a law clerk
Speaker 1: in his office, and Lincoln had liked him. That might
Speaker 1: sound like a reason for Lincoln not to take the case,
Speaker 1: but if anything, the opposite was true. Lincoln mourned Greek
Speaker 1: Crafton's death and did not want to see the tragedy compounded,
Speaker 1: which is what would happen. He believed if Quinn Harrison
Speaker 1: was convicted of murder, both the Craftons and the Harrisons
Speaker 1: had suffered too much already. In Lincoln's mind. Even more
Speaker 1: than that, Lincoln didn't think Quinn was guilty of murder.
Speaker 1: He believed that the killing was self defense. After weighing
Speaker 1: up all these factors, Lincoln made a decision. He said
Speaker 1: yes to Stephen Logan. Abraham Lincoln was on the case.
Speaker 1: At first glance, the killing of Greek Crafton might seem
Speaker 1: like a clear case of self defense. Greek threatened to
Speaker 1: attack Quinn Harrison. Quinn started carrying a knife with him
Speaker 1: for protection, and when Greek attacked him on July sixteenth, Quinn,
Speaker 1: afraid for his life, struck back. But proving self defense
Speaker 1: in court would be easier said than done. As Lincoln
Speaker 1: sat in his notoriously messy second floor office on Fifth
Speaker 1: Street in Springfield, he must have considered if Quinn's actions
Speaker 1: conformed with Illinois self defense laws. Self defense laws were
Speaker 1: a matter of much debate in the mid nineteenth century.
Speaker 1: In the eighteenth century, American law had broadly followed English precedent.
Speaker 1: The English approach to self defense, per William Blackstone's influential book,
Speaker 1: Commentaries on the Laws of England, was this quote. A
Speaker 1: man using violence in his own defense should have retreated
Speaker 1: as far as he conveniently or safely can to avoid
Speaker 1: the violence of the assault, before he turns upon his assailant.
Speaker 1: Blackstone's definition of self defense suited the American legal system
Speaker 1: in its earliest days, but as the country developed, the
Speaker 1: definition of self defense began to evolve. In eighteen forty six,
Speaker 1: Francis Wharton wrote the first survey of American criminal law,
Speaker 1: discussing self defense. Wharton wrote quote, a man may repel
Speaker 1: force in defense of his person, habitation, or property against
Speaker 1: one or many who manifestly intend and endeavor, by violence
Speaker 1: or surprise to commit a known felony on either. In
Speaker 1: such a case, he is not obliged to retreat, but
Speaker 1: may pursue his adversary till he finds himself out of danger,
Speaker 1: and if in a conflict between them he happeneth to kill,
Speaker 1: such a killing is justifiable. Wharton's construction removed many of
Speaker 1: the rules for justifiable self defense that Blackstone had used,
Speaker 1: such as the duty to retreat, and allowed for a
Speaker 1: wider application of self defense. By the eighteen forties, when
Speaker 1: Wharton was writing, America was experiencing rapid changes. Most notably,
Speaker 1: the country was expanding. West. Frontier settlements often had little
Speaker 1: contact with formal justice or law enforcement systems, and so
Speaker 1: the government increasingly condoned people taking the law into their
Speaker 1: own hands. What was once public became private. Writes the
Speaker 1: scholar Joshua Stein, as a state monopoly on violence gave
Speaker 1: way to a private army of thousands of white male deputies,
Speaker 1: empowered to defend their realms. Not everyone approved of this
Speaker 1: sanctioned vigilantism. Abraham Lincoln was one opponent, criticizing quote the
Speaker 1: increasing disregard for law which pervades the country, the growing
Speaker 1: disposition to subsidy to the wild and furious passions in
Speaker 1: lieu of the sober judgment of courts. But Lincoln didn't
Speaker 1: think that Quinn's case was one of wild and furious passion.
Speaker 1: He thought that Quinn's actions fit under Illinois eighteen fifty
Speaker 1: six Statute on Self Defense, which declared, quote, the use
Speaker 1: of a deadly weapon in self defense is limited only
Speaker 1: to those events in which the danger is so urgent
Speaker 1: and pressing that, in order to save his own life
Speaker 1: or to prevent his receiving great bodily harm, the killing
Speaker 1: to the other was absolutely necessary. Lincoln understood from his
Speaker 1: conversations with Quinn that the young man had genuinely believed
Speaker 1: his life was imperiled when Greek Crafton attacked him, and
Speaker 1: had only pulled the knife to save his own life.
Speaker 1: But there was a serious obstacle to telling the jury
Speaker 1: that Quinn would not be allowed to testify at his
Speaker 1: own trial. This restriction wasn't specific to Quinn's trial or
Speaker 1: even to Illinois. In Eache in fifty nine, no criminal
Speaker 1: defendant was allowed to testify in their own defense in
Speaker 1: the United States. As with the concept of self defense,
Speaker 1: the American legal system was influenced by the British tradition
Speaker 1: in this matter. For centuries, defendants were considered to be
Speaker 1: inherently incompetent witnesses because their bias was so strong that
Speaker 1: it could lead to them lying on the stand. By
Speaker 1: the nineteenth century, however, lawyers and theorists had begun to
Speaker 1: question this assumption. Does it follow wrote the English jurist
Speaker 1: and philosopher Jeremy Bentham in eighteen twenty seven, that because
Speaker 1: there is a motive of some sort prompting a man
Speaker 1: to lie, that for that reason he will lie. In
Speaker 1: the eighteen forties, both English and American courts began letting
Speaker 1: parties in civil cases testify, but opposition to allowing criminal
Speaker 1: defendants to testify was still strong. Opponents believed that the
Speaker 1: right to testify might actually hurt defendants. Juries, these opponents argued,
Speaker 1: would begin to expect defendants to testify. If a defendant
Speaker 1: did not testify, the jury might automatically assume that it
Speaker 1: was because they were guilty. Thus, all defendants would wish
Speaker 1: to testify, and those that were guilty would have to
Speaker 1: perjure themselves, and the lives of these defendants would cause
Speaker 1: juries to begin disbelieving all defendants in sort of the
Speaker 1: worst vicious cycle of all time. But not everyone agreed
Speaker 1: with these arguments. John Appleton, the Chief Justice of the
Speaker 1: Supreme Court of Maine, argued forcefully for a defendant's right
Speaker 1: to testify. The lawyer and scholar Robert Popper sums up
Speaker 1: Appleton's arguments in his article History and Development of the
Speaker 1: Accused's Right to testify, quote that the defendant's testimony is
Speaker 1: crucial in order to ascertain the whole truth. That the
Speaker 1: defendant is most apt to be familiar with the true facts,
Speaker 1: that he is no more interested than the complainant. That
Speaker 1: since he is presumed in a perjurious motive should not
Speaker 1: be attributed to him, and that the law should not
Speaker 1: aid the guilty and harm the innocent. After years of debate,
Speaker 1: many jurists eventually came around to Appleton's way of thinking.
Speaker 1: Beginning in the mid eighteen sixties, state after state began
Speaker 1: allowing defendants to testify in criminal cases. By nineteen hundred,
Speaker 1: every state had such a law on the books, except
Speaker 1: for Georgia, but back in eighteen fifty nine such reforms
Speaker 1: were still years away. Quinn Harrison would not be allowed
Speaker 1: to take the stand. Lincoln and Logan would need to
Speaker 1: find another way to explain his state of mind to
Speaker 1: the jury. Legal hurdles weren't Lincoln's only concern. He knew
Speaker 1: that he was up against formidable opponents. John Palmer would
Speaker 1: be leading the prosecution. Palmer was a major player in
Speaker 1: the Illinois Republican Party, a skilled lawyer and a longtime
Speaker 1: friend of Lincoln's, who one observer described as having quote
Speaker 1: a convincing voe and a personality of tremendous earnestness and sincerity.
Speaker 1: Palmer would be assisted by Norman Broadwell, a lawyer who
Speaker 1: had begun his legal career by studying law under Lincoln.
Speaker 1: Lawyers Jim White and John mclernan filled out the prosecution.
Speaker 1: It was a sharp, successful group of lawyers who wouldn't
Speaker 1: make the trial easy for the defense. There was also
Speaker 1: the matter of the judge. Circuit Court judge Edward Y
Speaker 1: Rice was known as a fair judge, but a stern one.
Speaker 1: Lincoln liked to keep things casual in the courtroom. He
Speaker 1: was famous for his folksy manner, his clever jokes, and
Speaker 1: his disheveled wardrobe. Rice preferred a no nonsense approach and
Speaker 1: kept strict order in his courtroom. Lincoln would have to
Speaker 1: try to stay on the judge's good side while still
Speaker 1: playing to his own strengths, and Lincoln was certainly a
Speaker 1: strong lawyer. Dan Abrams and David Fisher, in their book
Speaker 1: Lincoln's Last Trial write that quote his stirring use of
Speaker 1: common language allowed him to forge a remarkable connection with
Speaker 1: his audience. Many of the qualities that made Lincoln a
Speaker 1: legendary president. His remarkable memory, his talent for distilling issues
Speaker 1: to their cores, and most of all, his powerful way
Speaker 1: with words were developed during his years in the courtroom.
Speaker 1: But would these skills be enough to save Quinn Harrison.
Speaker 1: The Sangamon County Courthouse, a two story brick building with
Speaker 1: the facade of a Greek temple, sat on the east
Speaker 1: side of the town's main square. The first floora held
Speaker 1: county offices. The second held the courtroom, a high ceiling
Speaker 1: spacious room with large windows. In the courthouse's attic in
Speaker 1: a converted storeroom, Quinn Harrison sat awaiting his trial after
Speaker 1: Greek's death. Quinn had gone into hiding afraid of retribution
Speaker 1: from the Craftons. When Stephen Logan joined the defense, he
Speaker 1: organized Quinn's surrender. The Harrison family hired private guards to
Speaker 1: stand watch outside his makeshift cell. This was an an
Speaker 1: unnecessary measure. All of Sangmun County was paying close attention
Speaker 1: to the case, and many people had strong opinions both
Speaker 1: for and against Quinn Harrison. Because of these strong opinions,
Speaker 1: selecting a jury was not an easy process. On Wednesday,
Speaker 1: August thirty, first potential jurors gathered in the courtroom. Illinois
Speaker 1: law at the time required that jurors be quote white,
Speaker 1: male property owning American citizens between the ages of twenty
Speaker 1: one and sixty. Lincoln was known for taking jury selection
Speaker 1: seriously because so much of his success came from the
Speaker 1: connection he established with each juror throughout the course of
Speaker 1: the trial. Finding the right jurors was crucial. After trying
Speaker 1: thousands of cases, Lincoln had developed a number of theories
Speaker 1: on what made for a good juror, some more rational,
Speaker 1: like preferring younger men who might be less set in
Speaker 1: their ways, and some more absurd. Lincoln did not like blonde,
Speaker 1: blue eyed jurors because he thought they were indecisive, and
Speaker 1: deferred to the prosecution. By the end of the day,
Speaker 1: after questioning more than one hundred men, the defense and
Speaker 1: prosecution managed to find their jury. Judge Rice dismissed the
Speaker 1: jurors for the night with a warning not to discuss
Speaker 1: the case with anyone. The next morning, Thursday, September one,
Speaker 1: Quinn Harrison was led down from his attic cell. At
Speaker 1: nine am the trial began. Neither side had much to
Speaker 1: say for opening arguments. Per the court transcript quote, mister
Speaker 1: Brodwell proceeded briefly to open the case of the prosecution,
Speaker 1: merely reading the indictment and the statute applicable, and mister
Speaker 1: Logan very briefly replied for the defense, stating their position.
Speaker 1: With these riveting performances out of the way, it was
Speaker 1: time to dive into testimony. The central issue of the
Speaker 1: trial was self defense. Were Quinn Harrison's actions a reasonable
Speaker 1: and necessary response to the threat Greek Crafton presented. To
Speaker 1: answer this question, Both the prosecution and the defense tried
Speaker 1: to recreate the scene at Short and Heart's drug store
Speaker 1: on July sixteenth. Silas Livergood, a friend of the Crafton brothers,
Speaker 1: appeared for the prosecution. Livergood had been in the drug
Speaker 1: store on the sixteenth and seen the fight firsthand. Prosecutor
Speaker 1: John Palmer walked Livergood patiently through the fight, and then
Speaker 1: to give the jury a better picture, he asked Livergood
Speaker 1: to demonstrate the positions Quinn and Greek had been in
Speaker 1: at the moment of the stabbing. Livergood stepped down and
Speaker 1: stood behind Palmer, who was playing Quinn. Facing the jury,
Speaker 1: Livergood wrapped his left arm around Palmer's left arm, leaving
Speaker 1: Palmer's right arm free. It was with his right hand,
Speaker 1: Livergood explained that Quinn had struck out backwards with the knife.
Speaker 1: Livergood's description didn't sound good for Quinn. Vergood did acknowledge
Speaker 1: that he had heard John Crafton tell his brother to
Speaker 1: quote whip Quinn, and admitted that even after Quinn had
Speaker 1: said he didn't want to fight Greek had bodily dragged
Speaker 1: him away from the counter, but at the moment he
Speaker 1: had dealt Greek the fatal blow, Quinn, if Livergood was
Speaker 1: to be believed, hadn't been in imminent danger. He had
Speaker 1: just been restrained. John Crafton came to the stand next.
Speaker 1: John claimed that his being in the drug store that
Speaker 1: day was a coincidence. He'd just been there to pick
Speaker 1: up some money that he believed had been left for
Speaker 1: him there. He'd asked Benjamin Short, the owner, about the money.
Speaker 1: When Short said that it may have been left with
Speaker 1: his partner, who was out, John decided to stay and
Speaker 1: wait for the partner's return. He had been surprised to
Speaker 1: look up and see a fight beginning, he said, and
Speaker 1: shocked to see that his brother was one of the participants.
Speaker 1: Like Livergood, John claimed that Quinn had been in no
Speaker 1: immediate danger before he stabbed Greek, although also admitted that
Speaker 1: he hadn't seen the actual stabbing, But a moment after
Speaker 1: the first blow, John said Quinn had tried to stab
Speaker 1: his brother again. John had then stepped in to protect
Speaker 1: Greek and received a deep cut on his right arm
Speaker 1: for his trouble. Even now, his arm was in a
Speaker 1: sling and he could barely move it. John's testimony was
Speaker 1: clearly painful for him, and his story made a powerful impact,
Speaker 1: but there were some problems with the prosecution's account of
Speaker 1: the fight. During his cross examination of Silas Livergood, Stephen
Speaker 1: Logan had gotten Livergood to admit that the only reason
Speaker 1: that Quinn's right arm had been free to stab Greek
Speaker 1: was because Greek, who had initially grabbed Quinn by both arms,
Speaker 1: had let Quinn's right arm go. Why had Greek let
Speaker 1: Quinn's right arm go in order to free up his
Speaker 1: own right hand, which he then used to hit Greek
Speaker 1: hard in the face. There was reason for Quinn to
Speaker 1: be frightened, it seemed, especially because Greek was substantially larger
Speaker 1: and stronger than him, a point the defense continually brought up,
Speaker 1: even having Quinn's doctor testified to his lifelong frailty, and
Speaker 1: the fight had never really been one on one. The
Speaker 1: defense reminded the jurors Quinn had good reason to believe
Speaker 1: that John Crafton and perhaps even Silas Livergood were there
Speaker 1: to beat him up too. John Crafton had claimed that
Speaker 1: he was only at the drug store by coincidence, but
Speaker 1: the testimony of Benjamin Short, the drug store's owner who
Speaker 1: appeared for the defense, raised questions about this story. Short
Speaker 1: said that John had never asked him about any money
Speaker 1: and also hadn't given any other explanation for why he
Speaker 1: was there, and Short described John as much more than
Speaker 1: a passive participant. When Short had tried to stop the fight,
Speaker 1: the shopkeeper said John had grabbed him and told him
Speaker 1: to let Greek whip Quinn. To further bolster their claimed
Speaker 1: that Quinn was genuinely afraid for his life. Lincoln and
Speaker 1: Logan wanted to prove that Greek had been threatening Quinn
Speaker 1: for weeks, but when they introduced their first witness to
Speaker 1: these threats, doctor John Allen, Palmer, quickly objected Allan's testimony.
Speaker 1: Palmer argued to Judge Rice would be more prejudicial than
Speaker 1: probative unless quote evidence was shown in connection with it
Speaker 1: to bring knowledge of these threats to the defendant. If
Speaker 1: Quinn hadn't heard these threats, then they were irrelevant, per
Speaker 1: Palmer's argument. Lincoln and Logan fought back hard in an
Speaker 1: extended argument that Judge Rice dismissed the jury for, but
Speaker 1: ultimately the judge decided not to allow Allen's testimony. Lincoln
Speaker 1: and Logan managed to get a related witness, Thomas White,
Speaker 1: on the stand because White had directly told Quinn about
Speaker 1: the threats Greek had made, but to get further testimony
Speaker 1: of this nature admitted, the defense changed their approach. They
Speaker 1: decided to call witnesses who had spoken to Greek Crafted
Speaker 1: immediately before the fight. On the sixteenth, when the prosecution
Speaker 1: again objected, the defense responded that these witnesses were there
Speaker 1: to speak to Greek Crafton's intent, not Quinn Harrison's fears.
Speaker 1: Jud Rice decided to allow the testimony. The defense brought
Speaker 1: on multiple men who had spoken to Greek shortly before
Speaker 1: the fight and heard him threaten to attack Quinn. Doctor
Speaker 1: John Allen came back to the stand and discussed how
Speaker 1: thirty minutes before the fight he saw Greek at another
Speaker 1: store in town, and Greek had told him that he
Speaker 1: was there lying in wait for Quinn. When Quinn did
Speaker 1: not show, Alan said Greek left. Thanks to these witnesses,
Speaker 1: the defense could paint a better picture of the atmosphere
Speaker 1: immediately before the fight, Greek's determination, Quinn's anxious anticipation. There
Speaker 1: was one final legal battle ahead of them. Lincoln and
Speaker 1: Logan had gotten the threat testimony admitted by saying that
Speaker 1: it spoke to Greek's state of mind before the fight.
Speaker 1: Now they wanted to bring on a witness who could
Speaker 1: speak to Greek's feelings after someone who had spoken to
Speaker 1: Greek Crafton on his deathbed, the Reverend Peter Cartwright, had
Speaker 1: heard some of Greek's last words, and these words were
Speaker 1: sure to make waves if the defense could get Cartwright's
Speaker 1: testimony admitted. The moment Logan asked Cartwright about what Greek
Speaker 1: Crafton had said to him, John Palmer was on his feet,
Speaker 1: objecting this was hearsay. Palmer said Greek Grafton was certainly
Speaker 1: not available to be questioned on his words, the testimony
Speaker 1: was inadmissible. Logan countered that these words were Greek's dying declaration,
Speaker 1: a category of speech that is often an exception to
Speaker 1: the hearsay rule on the belief that a dying person
Speaker 1: will be honest. Judge Rice said that he wanted to
Speaker 1: hear Cartwright's testimony out of the jury's earshot before ruling.
Speaker 1: Once Cartwright told his story, Judge Rice took some time
Speaker 1: to consider his decision. Then he began to speak. The
Speaker 1: law could often be ambiguous or difficult to interpret. Rice
Speaker 1: said dying declarations were one such gray area in the law.
Speaker 1: There were specific criteria that admissible dying declarations had to meet,
Speaker 1: and he just wasn't sure if this testimony met those criteria.
Speaker 1: Hearing this, Abraham Lincoln jumped to his feet. This moment
Speaker 1: would be burned into those who witnessed it. The court
Speaker 1: reporter Robert hit later said, quote, I never saw a
Speaker 1: demonstration of power manifested in any human being in my
Speaker 1: life equal to that. Lincoln was furious. He believed that
Speaker 1: Rice was gravely wrong. This testimony was admissible, and to
Speaker 1: exclude it, he thought would be a miscarriage of justice.
Speaker 1: Lincoln began to pace back and forth, passionately making his case.
Speaker 1: He characterized the continued rulings against him, wrote his law
Speaker 1: partner William Herndon, as not only unjust, but foolish, and
Speaker 1: figuratively speaking, he peeled the court from head to foot.
Speaker 1: He was brought up to the point of madness, alternately
Speaker 1: furious and eloquent, pursuing the court with broad facts and
Speaker 1: pointed inquiries in marked and rapid succession. When Lincoln was finished,
Speaker 1: He composed himself and walked back to the defense table, saying, quote,
Speaker 1: the deceased has a right to be heard Onlookers waited
Speaker 1: with bated breath. Judd Rice wasn't known for his tolerance
Speaker 1: for outbursts. Would he censure Lincoln. But Rice kept his
Speaker 1: composure smoothly, telling the lawyers that before he had been
Speaker 1: so rudely interrupted, he had actually been about to rule
Speaker 1: the testimony admissible, although he wasn't sure it strictly met
Speaker 1: the definition of a dying declaration. Rice said he wasn't
Speaker 1: sure it didn't either. Observers didn't know whether to buy
Speaker 1: the judge's story or not herndon a pined quote. Lincoln
Speaker 1: so effectually badgered the judge that strange as it may seem,
Speaker 1: he pretended to see the error in his former position
Speaker 1: and finally reversed his decision in Lincoln's favor. But whatever
Speaker 1: Rice's original intent, he had ruled and Reverend Cartwright could
Speaker 1: deliver his testimony. Cartwright returned to the stand, this time
Speaker 1: with the jury present. Cartwright was a fascinating witness for
Speaker 1: many reasons. For one thing, he was Quinn Harrison's grandfather.
Speaker 1: Usually that would have rendered his testimony suspect, but Cartwright's
Speaker 1: public reputation far outweighed any personal entanglements he had with
Speaker 1: the case. In eighteen fifty nine, Peter Cartwright was one
Speaker 1: of the most famous preachers in the country, a leader
Speaker 1: of the religious revival that would come to be known
Speaker 1: as the Second Great Awakening, known as God's Plowman. Cartwright's
Speaker 1: eighteen fifty seven book, Autobiography of Peter Cartwright The Backwoods Preacher,
Speaker 1: which documented his decades spent energetically traveling a miast his
Speaker 1: frontiers in search of people to convert, had won a
Speaker 1: claim all across the country. Cartwright was not universally beloved.
Speaker 1: He could be single minded and militant. One of his
Speaker 1: most frequent opponents was Abraham Lincoln, who disliked the way
Speaker 1: Cartwright mixed religion and politics. Lincoln and Cartwright had run
Speaker 1: against each other for Congress in eighteen forty six. Lincoln won,
Speaker 1: but even Lincoln could not deny Cartwright's integrity. That's why
Speaker 1: when he heard what Cartwright had been told by Greek Crafton,
Speaker 1: he had known that he needed to get the reverend
Speaker 1: on the stand. Now, in front of a wrapped courtroom,
Speaker 1: Cartwright told his story. After the fight, Greek Crafton had
Speaker 1: summoned Cartwright to his bedside. The honest hour has come,
Speaker 1: Cartwright recounted Greek, telling him and in a few moments,
Speaker 1: I expect to stand before my final judge. Do you
Speaker 1: think there is any mercy for me? Will you pray
Speaker 1: for me? Cartwright, in reply expressed his quote deep and
Speaker 1: heartfelt regret that this calamity had fallen upon Greek. The
Speaker 1: dying man took a moment and then said, yes, I
Speaker 1: have brought it upon myself, and I forgive Quinn. Cartwright
Speaker 1: then conducted religious services, noting for the jury how Greek
Speaker 1: had shown great composure. When Cartwright's prayers concluded, Greek repeated
Speaker 1: his earlier words, I have brought it upon myself. He said,
Speaker 1: I forgive Quinn, and I want it said to all
Speaker 1: my friends that I have no enmity in my heart
Speaker 1: against any man. Cartwright's words hung in the courtroom. Greek
Speaker 1: had forgiven his killer. He had blamed himself, not Quinn,
Speaker 1: for his own death. It was a powerful plea from
Speaker 1: beyond the grave for mercy. Of course, whether or not
Speaker 1: a victim forgives their killer before dying, ying does not
Speaker 1: actually determine if the killer broke a law. In closing arguments,
Speaker 1: the prosecution reminded the jury of the plain facts of
Speaker 1: the case. Norman Broadwell began recapping the testimony of the
Speaker 1: prosecution's witnesses for the jury, and then reminding jurors of
Speaker 1: what exactly Illinois law said to use lethal force against
Speaker 1: someone else and be justified. Broadwell explained that lethal force
Speaker 1: must have been absolutely necessary. It must be the only
Speaker 1: thing standing between you and your own death or serious injury.
Speaker 1: That was not the situation Quinn Harrison was in. Broadwell argued,
Speaker 1: he may have been frightened, but that didn't mean that
Speaker 1: his life was truly in danger. Stephen Logan disagreed. In
Speaker 1: his closing arguments, he portrayed Quinn Harrison as a man
Speaker 1: with no other options when Greek Crafton attacked him. Quinn
Speaker 1: had tried to resist, He'd told Greek he didn't want
Speaker 1: to fight. He'd clung to the countertop, he called for help.
Speaker 1: None of that had stopped the attack. It was only
Speaker 1: after he had been pulled free and it appeared that
Speaker 1: John Crafton might join the fray. Logan said that in
Speaker 1: fear for his life, he had struck back with the
Speaker 1: only weapon he had available to him. He asked the
Speaker 1: jurors to put themselves in Quinn's shoes. Abraham Lincoln was
Speaker 1: up next. Lincoln's closing arguments were legendary. At no time
Speaker 1: were his eloquence, his intelligence, and his empathy so clearly
Speaker 1: on display than in these moments. That afternoon. Lincoln didn't
Speaker 1: focus just on Quinn. He spent much of his closing
Speaker 1: argument talking about Greek. He had known Greek well, he
Speaker 1: had mentored the young man. At one point, he spoke
Speaker 1: of his own personal grief. Lincoln knew that he was
Speaker 1: not alone in this sadness, but that grief, he said softly,
Speaker 1: would not be healed by punishing another young man. Had
Speaker 1: had no murderous intent. He had acted impulsively out of
Speaker 1: a genuine belief that he might die. Punishing Quinn would
Speaker 1: not bring Greek back, it would not heal the wounds,
Speaker 1: and it would not accord with the law. As Lincoln concluded,
Speaker 1: many in the courtroom had tears rolling down their cheeks.
Speaker 1: John Palmer delivered the trial's final closing argument. Throughout the trial,
Speaker 1: Palmer had been a calm, affable presence in the courtroom,
Speaker 1: arguing his case, forcefully, of course, but never getting too personal.
Speaker 1: After all, he knew and respected the defend Flowyer's But
Speaker 1: for some reason, Lincoln's closing argument had set John Palmer off.
Speaker 1: His first words were not about Gwyn Harrison, but about
Speaker 1: Abraham Lincoln. Well, gentlemen, Palmer said, you have heard mister
Speaker 1: Lincoln hones stay Lincoln, they call him. I believe, and
Speaker 1: I suppose you think you have heard the honest truth,
Speaker 1: or at least that mister Lincoln believes what he had
Speaker 1: told you to be the truth. I tell you he
Speaker 1: believes no such thing. That frank, ingenious face of his,
Speaker 1: those looks and tones of such unsophisticated simplicity, those appeals
Speaker 1: to your minds and consciences, as sworn jurors, are all
Speaker 1: assumed for the occasion, gentlemen, all a mask. Gentlemen, you
Speaker 1: have been listening for the last hour to an actor
Speaker 1: who knows well how to play the role of honest
Speaker 1: seeming for effect. Abraham Lincoln could take no more. He
Speaker 1: stood and rebuked Palmer, saying, mister Palmer, you have known
Speaker 1: me for years, and you know that not a word
Speaker 1: of that language can be applied to me. Palmer stared,
Speaker 1: at Lincoln hard and then deflated. Yes, mister Lincoln, I
Speaker 1: do know it, and I take it all back, he said.
Speaker 1: The two men shook hands. It was hard for observers
Speaker 1: to understand what had just happened. Was Palmer really angry
Speaker 1: or was he just trying by dramatic means to dispel
Speaker 1: the spell that Lincoln's closing had cast over the courtroom.
Speaker 1: Either way, the rest of Palmer's closing was much less exciting.
Speaker 1: He spoke for three hours, according to the State Journal quote,
Speaker 1: evincing great ingenuity in handling the testimony, interspersing many remarks
Speaker 1: upon human nature and human passions, the duties of the citizens,
Speaker 1: and the spirit of the law. He pushed back on
Speaker 1: the defense's depiction of Quinn Harrison as a weak, frightened innocent,
Speaker 1: describing all the times Quinn had provoked Greek crafton and
Speaker 1: recounting how Quinn had told people he would strike back
Speaker 1: if Greek tried anything. When Palmer concluded, Judge Rice instructed
Speaker 1: the jury and then dismissed them to deliberate. It was
Speaker 1: shortly after four pm on Siptem third, eighteen fifty nine.
Speaker 1: It took the jury little more than an hour to
Speaker 1: reach a verdict. Once everyone was back inside the courtroom,
Speaker 1: the jury foreman handed the bailiff a piece of paper
Speaker 1: with their decision written inside. The bailiff passed the paper
Speaker 1: to Judge Rice, who read it aloud. On the charge
Speaker 1: of murder for the death of Greek Crafton, the defendant,
Speaker 1: Quinn Harrison was found not guilty, though the courtroom broke
Speaker 1: into tears upon the judge's announcement. Not everyone was happy
Speaker 1: about Quinn Harrison's acquittal. Greek Crafton's friends and family were furious.
Speaker 1: They felt certain that Quinn had gotten away with murder.
Speaker 1: Their anger over the issue eventually prompted local law enforcement
Speaker 1: officers to arrest Benjamin Short, the drug store owner who
Speaker 1: had tried to break up the fight, and charge him
Speaker 1: as an accessory in Greek's murder. The charges were eventually dropped,
Speaker 1: with the animal lingered. Perhaps because of this animosity, Quinn
Speaker 1: Harrison never seemed to be comfortable in Pleasant Plains again.
Speaker 1: He began a pattern of wandering, venturing into the frontier
Speaker 1: for long spells. Even his eighteen sixty seven marriage to
Speaker 1: a woman named Emmeline couldn't keep him in one place.
Speaker 1: Though the couple had two children. They would eventually divorce
Speaker 1: in eighteen ninety eight after Emmeline charged Quinn with desertion.
Speaker 1: Quinn Harrison died in nineteen twenty in Missouri. Though the
Speaker 1: trial had grown contentious by the end, the lawyers involved
Speaker 1: all remained friends. Abraham Lincoln quickly forgave John Palmer for
Speaker 1: his courtroom outburst. Two months after the trial ended, Lincoln
Speaker 1: campaigned for Palmer to fill an empty congressional seat, describing
Speaker 1: Palmer as quote good and true. Palmer lost this election,
Speaker 1: that he would soon return Lincoln's political support, as would
Speaker 1: two other lawyers from the trial. In May eighteen sixty,
Speaker 1: the Republican Party held its presidential nominating convention in Chicago.
Speaker 1: William Seward, a senator from New York, was considered the
Speaker 1: front runner, but there were multiple other candidates, including Illinois's
Speaker 1: own Abraham Lincoln, John Palmer, Norman Broadwell, and Stephen Logan.
Speaker 1: All lobbied heavily for Lincoln, who emerged from the convention
Speaker 1: as a surprise nominee. Logan then helped Lincoln raise thousands
Speaker 1: of dollars to fund his campaign. Lincoln stayed close with
Speaker 1: many of his Illinois connections during his time in office.
Speaker 1: He asked Stephen Logan to edit his inaugural address. He
Speaker 1: appointed John Palmer to be military governor of Kentucky after
Speaker 1: the Civil War. These men would stand by Lincoln's side
Speaker 1: even in death. On April fifteenth, eighteen sixty five, Stephen
Speaker 1: Logan delivered a eulogy at the Springfield Memorial for Lincoln,
Speaker 1: recording his legacy in a way that would resonate with
Speaker 1: anyone who saw him in action at the Hair Trial. Quote.
Speaker 1: When Lincoln believed his client was right, especially in difficult
Speaker 1: and complicated cases, he was the strongest and most comprehensive
Speaker 1: reasoner and lawyer I had ever met. Or if the
Speaker 1: case was somewhat doubtful but could be decided either way
Speaker 1: without violating any just, equitable, or moral principle, he was
Speaker 1: very strong. But if he thought his client was wrong,
Speaker 1: he would make very little effort. In other words, Lincoln
Speaker 1: the lawyer was very much like Lincoln the president. That's
Speaker 1: the story of Illinois v. Quinn Harrison. Stay with me
Speaker 1: after the break to hear the amazing tale of just
Speaker 1: how we know as much as we do about this trial.
Speaker 1: For years, the shoe box sat in a garage, its
Speaker 1: sides slightly sagging with damp its corners nibbled away by mice.
Speaker 1: When the garage's owner moved from Fresno to Huntsville, Alabama,
Speaker 1: he took the sho shoe box with him. It might
Speaker 1: not have looked like much, but the box contained a
Speaker 1: family heirloom. In nineteen eighty nine, after the owner died,
Speaker 1: his widow presented the box to a group she thought
Speaker 1: might be interested in its contents. The group couldn't believe
Speaker 1: their luck. Inside the shoe box were one hundred handwritten pages,
Speaker 1: carefully ordered and tied together with a yellow ribbon. It
Speaker 1: was a transcript of Abraham Lincoln's last murder trial. The
Speaker 1: man who had owned the transcript was Quinn Harrison's great grandson, William.
Speaker 1: The transcript had been passed down from father to son
Speaker 1: for four generations. After William's widow presented it to the
Speaker 1: Lincoln Legal Papers, a research group dedicated to exploring Lincoln's
Speaker 1: law career, the group made the transcript publicly available. It's
Speaker 1: a remarkably rich document. The transcript transports you into the courtroom,
Speaker 1: reporting on not just the words spoken, but the actions, movements,
Speaker 1: and emotions of the participants and the onlookers. The transcript
Speaker 1: lets us see Lincoln as a lawyer, just as if
Speaker 1: he were speaking in front of us today. The existence
Speaker 1: of this transcript is astonishing for a number of reasons.
Speaker 1: Of course, there's the miracle of it surviving one hundred
Speaker 1: and thirty years in non archival environments, but even more
Speaker 1: than that, it's amazing that this transcript was even created.
Speaker 1: At the time. Most trials, if they were recorded at all,
Speaker 1: were just summarized. This kind of verbatim report is very unusual.
Speaker 1: How did it come to be likely thanks at least
Speaker 1: indirectly to Abraham Lincoln himself. The Illinois State Journal, aware
Speaker 1: of Lincoln's growing fame and the high profile nature of
Speaker 1: the case, hired a shorthand reporter to transcribe the trial.
Speaker 1: They didn't have to look hard to find a good
Speaker 1: shorthand man. Only a year earlier, Abraham Lincoln had hired
Speaker 1: a young shorthand reporter named Robert R. Hit to transcribe
Speaker 1: his debates with Stephen's Douglas. HiT's transcriptions had been instrumental
Speaker 1: in spreading news of Lincoln's performance nationwide, and they'd helped
Speaker 1: make hits reputation too, which is perhaps how the State
Speaker 1: Journal selected him to cover the Harrison trial. Robert Hit
Speaker 1: attended every day of the trial, making shorthand transcriptions and
Speaker 1: then painstakingly copying the transcriptions out in long form each night.
Speaker 1: He had to make multiple copies. Besides the reports that
Speaker 1: he sent to the State Journal, Hit was also offering
Speaker 1: copies for a price to trial participants. Abraham Lincoln subscribed,
Speaker 1: paying Hit twenty seven dollars and fifty cents for his copy.
Speaker 1: Greek Crafton's family subscribed too, though Hit charged them two
Speaker 1: dollars and fifty cents less than he'd charged Lincoln. A
Speaker 1: transcript could be helpful in the case of an appeal, so,
Speaker 1: of course Quinn Harrison's family bought a copy as well,
Speaker 1: which is how one hundred and sixty five years after
Speaker 1: the Harrison trial ended, we could imagine ourselves in the
Speaker 1: Sangamin County Courthouse with row seats to Abraham Lincoln's last
Speaker 1: murder trial. Thank you for listening to History on Trial.
Speaker 1: If you enjoyed this episode, please consider leaving a rating
Speaker 1: or review. It can help new listeners find the show.
Speaker 1: My main sources for this episode were Dan Abrams and
Speaker 1: David Fisher's book Lincoln's last trial, the murder case that
Speaker 1: propelled him to the presidency, as well as the trial
Speaker 1: transcript and other materials contained in the second edition of
Speaker 1: the Law Practice of Abraham Lincoln Complete Documentary Edition, a
Speaker 1: publication of the Illinois Historic Preservation Agency edited by Martha L.
Speaker 1: Behner and Colin Davis. For a complete bibliography, as well
Speaker 1: as a transcript of the episode with citations, please visit
Speaker 1: our website History on Trial podcast dot com. History on
Speaker 1: Trial is written and hosted by me Mira Hayward. The
Speaker 1: show is edited and produced by Jesse Funk, with supervising
Speaker 1: producer Trevor Young and executive producers Dana Schwartz, Ali Xander Williams,
Speaker 1: Matt Frederick, and Mira Hayward. Learn more about the show
Speaker 1: at History on Trial podcast dot com and follow us
Speaker 1: on Instagram at History on Trial and on Twitter at
Speaker 1: Underscore History on Trial. Find more podcasts from iHeartRadio by
Speaker 1: visiting the iHeartRadio app, Apple Podcasts, or wherever you listen
Speaker 1: to your favorite shows.