The Shadow Of Giants

ACT I, Scene l: The Hallway of the Courthouse

(The audience has gathered in the hallway of the downstairs of the courthouse. A banjo player has been performing in the hall since twenty minutes prior to curtain time. Members of the jury have passed through the crowd in twos and threes, greeting the audience as they make their way to the courtroom. A newsboy enters giving away copies of The Morgan Journal which are actually the play’s program on page two. From one of the doors come two ten‑year‑old boys, one chasing the other. Both look to be participants in a long and dirty scuffle.)

Freddy: (finally catching Willy at one end of the audience area) Take it back! Take it back, I tell ya! Willy: (one hand having been pinned behind him by Freddy) Lemme go! Lemme go, dern you! Freddy: You take it back or you’re gonna pay thunder! Willy: (another moan of pain, then) I don’t know what yer talkin’ about. Freddy: Heck you don’t! You called my Pa a dirty abolitionist...you did it right in front of everbody down at the Morgan House! Willy: (more pressure) Aw, Freddy, come on! I didn’t mean nothin’! Freddy: You take it back! Take it back right now or (sticks Willy’s nose into the closest wall) I’m gonna make you pay! Willy: Ow! … OK! OK! I take it back! I take it back! Lemme go now! Freddy: (slowly releasing his grip on Willy) You ever say such a thing again and you’re gonna eat that wall, Willy Viera! Willy: (walking slightly away, nursing his aching arm, he stops a moment then turns to Freddy) But that’s what he is! (and again the chase is on, Willy tearing out of the area just ahead of the angry Freddy) Stewart: (appearing in the direct route of their exit and grabbing one in each hand) Whoa there! Freddy: Lemme at him! Stewart: Easy boys, or you’re going to end up in court. Simmons: (appearing at another door) Trouble Stewart? Stewart: (in mock shock) I’d say so, Mr. Simmons. (holding the squirming boys at arm’s length) Looks like a classic case of Tories vs. Whigs. Simmons: You boys go play someplace else. Judge Woodson sent me out to shoot whoever was causin’ the commotion. (the boys look wide‑eyed at Simmons) That’s right. (he pulls his side arm) Now just who was doin’ the hollerin’ Stewart: Nice work, Mr. Bailiff. Simmons: (smiles) Justice always prevails. (Simmons smiles and exits.) Stewart: Edgar Simmons, there. Bailiff of the Morgan County Court. Big doin’s today. Drawn quite a crowd. Oh! Before you enter the courtroom ... wipe off your boots. And mind your pocketbooks. The lawyers are going to be thickerin flies here in a minute. Dunlap: (entering from outside) Excuse me. (making his way through the crowd) Excuse me, please. Look out, there. Stewart: Hello, Colonel! Dunlap: (only now noticing that Stewart is a part of the crowd What? (not especially happy at seeing this grinning aperture from the North) Ain’t the Chicago Tribune got nothin’ better to cover than our downstate miseries? Stewart: But it’s big news, Colonel, when a man of your stature takes a stick to a newspaper man. Dunlap: It was a small stick and a small whack, now why don’t you nose your way back to Chicago? Stewart: Yes sir, but it’s size of cat holdin’ the stick that’s made this a real case. Dunlap: As you can see, I’m busy. Now excuse me. (exits toward the courtroom) Stewart: Well, there you have the main perpetrator himself, folks: Colonel James Dunlap, age 52 and rich as they come in Jacksonville. He’s a native Kentuckian and belongs on just about every important board of directors this town’s got...The State Blind School, The Hospital for the Insane. He and Mr. T. T. January built a railroad for this state...stretched all the way from Meredosia to Jacksonville. Soon as the state had about a million bucks invested in the project, Dunlap bought it back from ‘em for $l00,000. Even in the early years the government had a strange way of doing business. He’s the builder and owner of the Dunlap Hotel over on the corner. He says it’s built so sturdy, it’ll be a hotel forever. Colonel Dunlap is a biblical expert ‑ knows a lot about “profits.” Woodson: (enters) What’s all the commotion? Stewart: Howdy Judge. Woodson: Ah ... Stewart. Should of known. This is a courthouse, sir. (Woodson is no fan of any sort of impropriety. This is his court and minces no words to anyone.) Bein’ from Chicago I realize that manners aren’t your strong suit. What is all this ruckus? Stewart: Uh ... just folks interested in the trial, sir. Woodson: (to the audience) You here to see the trial? (a pause) Then you’ll conduct yourselves with decorum ‑ even if you aren’t accustomed to that in Jacksonville. (he exits in a huff) Stewart: (after he’s gone) And that comes from someone from Greene County. (laughs) Judge Woodson’s another transplanted Kentuckian who’s never exactly had a fond spot for Abe Lincoln. It happened in a Springfield courtroom. Abe had only been a lawyer for three years when he come up against Woodson, the new State’s Attorney for Springfield. Heck of a case. Seems a fella named Henry Truet walked right into the sittin’ room of Spottswood’s Hotel in Springfield and shot Dr. Jacob Early in the stomach. Dr. Early died three days later. Abe defended Truet and he got him off scot‑free! And that’s even with Woodson’s honored associate helpin’ him out. A little fella...name of Stephen Douglas. That’s right. The same Stephen Douglas who started out as States Attorney here in Jacksonville. Oh now, Judge Woodson is a good man. Eventually sat on the State’s Supreme Court and had the town of Woodson named after him. Like I said, there’s some mighty big cats walkin’ the fences of Jacksonville these days. Brown: (entering the hallway with J.L. McConnel) Good grief, what’ve we got here, a rally? Stewart: Mornin’ counselor. Brown: (to members of the audience) I’m sorry, but we’ve got to get through here. What are you holding here, Stewart, a camp meeting? Stewart: These folks just came to see you and Mr. McConnel in action, sir. J.L. McConnel: I know who they’ve come to see and it isn’t me or Mr. Brown. Brown: Mr. Lincoln is holding his own court on the back porch of the Morgan House. If he ever finishes his story about the tinker and the widow lady, he may even grace us with his presence in court. Now please let us through here. (they stand away from Stewart comparing notes. This gives the audience a chance to see them while Stewart talks about them.) Stewart: Along with Mr. Abe Lincoln that’s the defense team, folks. Young one’s J.L. McConnel, son of the lawyer for the plaintiff today. That’s right. We got a McConnel at each table. That ought to add some more spice to the day. The young McConnel is the only one of today’s combatants who was born and raised here in Jacksonville. Studied law under his father in Kentucky, became a captain in the Mexican War with John J. Hardin’s volunteers, got himself wounded at Buena Vista and contracted one nasty case of hepatitis. One heck of a writer, too. First native‑born author from these parts to be recognized out East as a novelist. The older fella...William Brown. Another Kentuckian with the finest courtroom manners this side of the French Court. Founded a little school across town named MacMurray College. I can’t see any particular joy in either one of ‘em at Abraham Lincoln bein’ asked to drive over from Springfield to join their team. A lawyer in a small town is like a good wife. Treat her well and she’ll be yours forever. Start lookin’ across the road at the neighbor gal and you’ll be stirrin’ your own biscuits in the mornin’ (looking back over the crowd) And shoot...here comes the man of the hour himself? Mr. Selby! A word! Come’ere Paul. How ‘bout just a word for the Tribune? Selby: Not today, Collin. Too much on my mind to match wits with the Tribune. Stewart: Whadda you think of havin’ Abe Lincoln goin’ against you? Selby: Mr. Lincoln’s just like any other lawyer and I’m just like any plaintiff. And I’d ask you to write your story like any good Morgan County reporter would. Keep the politics out of it. Stewart: Why, Mr. Selby! (smiling) You think the Chicago Tribune would show any political favoritism? Selby: (smiling) Just write your story, Stewart and I’ll keep writing mine. (he exits to the courtroom) Stewart: Now that ... that is probably one of the most interestin’ fellas you’re gonna meet today on the witness stand ... Paul Selby ... (but he’s interrupted by a blast of womanhood from the rear of the crown) Lizzy: (entering) Where is he? Get out of my way! Where’d he go? They told me he’d be here today. Stewart: (this woman was not on his schedule of natural disasters and Stewart for the first time seems less than in control) Ma’am? Lizzy: (stops and fires a glance at Stewart) You ain’t him. I’ll know him when I see him. (again, diving through the crowd) Look out … look out! I gotta get through here. Stewart: (finally able to chuckle at this explosion in their midst) Ma’am! Just a moment, M’am! Who are you lookin’ for? Lizzy: Same man I been lookin’ for for the last seven years! That long‑legged Lincoln fella! You seen him? I came here all day yesterday when they were choosin’ the jury and he never showed up. I’ll know him when I see him. Stewart: Well, we were just sort of..... Lizzy: Have you seen him or not? Stewart: (quickly) No! Lizzy: Seven years ago I had my chance. I had my chance. They brought General Hardin back to bury him and I was all set to go down to the square to see this God‑Almighty‑impressive Abraham Lincoln. Then they came! Boy, did they come! Stewart: “They” Ma’am? Lizzy: Twenty thousand people come to town in two days time! Twenty thousand if there was a soul! You ever try to feed twenty thousand people? All I wanted to see was that Springfield lawyer and all I seen was dishes! Dishes! Forty thousand dishes! And that don’t even count the coffee cups! Stewart: Ma’am, in just a minute, the judge ... Lizzy: I washed ever spoon in Morgan County ‑‑ twice! They say this is the 2lst time he’s been to this town and I ain’t never even had a glimpse of him. I was all set to go to a speech a his one Friday night. What did he do? Cancelled it. Cancelled it. Stewart: That was to debate with Colonel McConnel. He gave the speech the next night, Ma’am. Lizzy: Sure! Now you tell me! Stewart: I ought to warn you about the noise. The judge (seeing Woodson appear) didn’t want any commotion out here in the hall .... Lizzy: (Woodson slowly, angrily appears behind her before she says) Woodson? That Green County hillbilly? Listen, I could tell you .... Woodson: What are you doing? Lizzy: (turning to face him, matter‑of‑factly) You ain’t Lincoln. I’d know him if I saw him. Woodson: (holding his wrath in check as judiciously possible without even turning) Simmons! Simmons: (comes to alongside the judge immediately) Yes, your honor! Woodson: Throw this bag of wind out of my courthouse Simmons: Yes, your honor. Lizzy: Yer honor? Simmons: That’s Judge Woodson. Lizzy: (a pause, a breath, then) Dern. Woodson: Throw this hellcat as far as....... Lincoln: (having entered to behind the audience, speaking to the judge over their heads) Your honor. Woodson: (still glaring at Lizzy, then looks up) What is it? Lincoln: I’d plead the court to let her stay. Every storm runs out of thunder sooner or later. Besides she reminds of an old milker we had in New Salem. You see, until that cow was milked she’d kick every bucket in sight. Once you emptied her out you could just lead her around by the nose. Lizzy: (glaring at Lincoln through the crowd) Of all the....!! Out of my way! (finally coming to Lincoln) Listen you big baboon ... I don’t know who you think you are but you call me a cow again and I’m gonna wrap them long legs around your neck! (she exits in a trail of sparks) Woodson: (barking) Simmons! Get this circus moving. Court’s in session! Let’s go. (and he is gone, followed closely and obediently by Simmons) (as the judge leaves, Lincoln makes his way through the crowd to the steps, greeting the audience as he goes) Stewart: (smiling as Lincoln begins to climb the steps) Mornin’, Mr. Lincoln. Lincoln: Mornin’, Stewart. (to the audience) Well, folks, you heard the judge. Court’s in session. (he turns to go then stops) You know, now that I recall it clear, she even looks a bit like that old milker. (and the audience files up the staircase behind Lincoln as the banjo music begins again)

ACT I, Scene 2. The Courtroom

(As the audience files into the courtroom, the principals in the case are already present, going about some preliminary business: Murray McConnel and David Smith conferring with Selby....Brown and J.L. McConnel with Dunlap. Lincoln chats with Simmons, obviously telling him a joke. The jury is seated in the box, talking among themselves and noting the audience as they enter. After most of the audience is seated, Simmons bellows forth with a burst of laughter. This generally irritates the attorneys and their clients and sends the jury into curious adlibs of “What did he say?” “Did you catch that one?”, etc. They seem to enjoy Lincoln. Suddenly a door is open SL and Simmons sobers quickly as Woodson enters.) Simmons: All rise! The Circuit Court of Morgan County is now in session for the March l854 term, Judge David A. Woodson, presiding. (the judge enters, glares at Simmons and sits) Be seated! Woodson: Gentlemen of the jury. The case before you in this court is Selby vs. Dunlap. Mr. Paul Selby seated here has charged that James Dunlap committed battery against his person, that is, that he suffered a beating at the hands of Mr. Dunlap, and is asking for $l0,000 in actual and punitive damages. Mr. Selby is represented by Mr. David Smith and General Murray McConnel of this city. Mr. Dunlap seated there is the defendant and is represented by Mr. Brown and Mr. J.L. McConnel of this city and Mr. Lincoln of Springfield. Each side will give an opening statement to explain their position on this matter. They may call and question witnesses as appropriate. They will then each give a summary and the plaintiff will have closing remarks. Voice from Audience: Let’s get the show goin! Woodson: Listen! I would remind you that any breach of courtroom decorum or anything else out of the ordinary will not be tolerated and all such perpetrators will be held in contempt. There are a lot of folks here today but I’ll have every last one of you arrested if I have to! Now will the counsel please approach the bench. (All five lawyers rise and cross to the bench.) [What follows is done in pantomime as Stewart addresses the audience. this happens several times throughout the play and in each case, the actors continue with natural action, unaware of Stewart’s words.] Stewart: Well, here it is ... or was: Jacksonville in March of l854. A town of just under 3,000 souls, but already a political force in the fairly young State of Illinois and already divided along the lines of slavery. Paul Selby at the age of 29 had only been editor of the Morgan Journal for two years ... the first patient was admitted to the Hospital for the Insane only three years ago... the last couple of years had seen three churches organized: the Bethel African M.E., The Portuguese Presbyterian and the Church of Our Saviours ... last year they elected the first superintendent of schools, a point of some significance since Jacksonville boasts the first free public high school in Illinois, some 50 yrs. before my “upstart” hometown, Chicago; and the seeds of what was to become the Republican Party of the United States had just been planted in Jacksonville at a small club meeting. Last year the four‑story Illinois College building burnt to the ground and the Free Democrats voted to never elect a pro‑slavery candidate, Whig or Democrat. It was a hot time to be in Morgan County. But it got hotter. The followin’ year the Baptists bought the lot next to the courthouse. Woodson: (to the attorneys) Thank you, gentlemen. You may return. The counsel for the plaintiff may present an opening statement. Smith: Your honor. I will deliver the opening remarks and General McConnel will handle the presentation of witnesses. We are prepared to proceed but would ask the courts indulgence for just one additional minute. Woodson: This thing’s gettin’ off to a jerky start, gentlemen. (a moment, then) Very well. But make it short. (the judge summons Simmons to the bench to chat while the lawyers huddle with their clients) Stewart: Looks like our boat is hung up on a sandbar before we left the dock. But that’s good, because it gives me a chance to tell you about these fellas. The fellow standing up doing the talking is Mr. David Smith. At the age of 50 he is one of the areas most distinguished attorneys. He has been very active in the Whig political party as has Mr. Lincoln (points) in Springfield, but political alliances are laid aside when they come up against each other in court. Some years ago Mr. Smith was the law partner of John J. Hardin who commanded the Illinois militia in the Mexican War and was killed in l847 at the Battle of Buena Vista. Mr. David Smith is now the law partner with Richard Yates. If that name seems familiar, you’re right. Mr. Yates will become the Governor of Illinois during the Civil War and later a United States senator. Mr. Smith knew how to pick ‘em. Smith: We are ready to proceed, your honor. Woodson: Very well. Stewart: I’ll tell you about the other lawyer General McConnel when I get a chance. Smith: (to jury) Gentlemen. The case before you has two main questions for your ultimate decision. One: Did the plaintiff, Mr. Paul Selby, suffer a beating at the hands of Mr. James Dunlap? We shall prove with a preponderance of evidence that he did. You’ll hear from a number of witnesses who saw that Mr. Selby was beaten with a stick by Mr. Dunlap. You’ll hear from the doctor who treated Mr. Selby and finally you will hear from Mr. Selby himself. We believe you will answer that question in the affirmative, that Mr. Selby did indeed experience a painful beating. The second question is the main consequence of this trial, for Mr. Selby is suing Mr. Dunlap for the sum of $l0,000 actual and punitive damages. Actual damages refers to those expenses actually incurred by Mr. Selby, medical expenses and the like. Let me take a moment to discuss the concept of punitive damages. Punitive is taken from the word “punishment.” The intent under the law is to allow a means to financially punish perpetrators of certain crimes. That is to say, most of the $l0,000 sought against the defendant is a financial penalty for the act he committed. Why such a high amount? Why $l0,000? That is an amount hard to comprehend for most of us ordinary men. But Mr. Dunlap is not an ordinary man. He is a very wealthy man. Court records will show that when this beating occurred almost a year ago, May of ‘53, Mr. Dunlap pleaded guilty to breach of the peace and paid a fine of $25. $25! $25 may be a tidy sum for you or me but to Mr. Dunlap it is but a fly speck on the wood pile. No, gentlemen. To punish Mr. Dunlap, to do justice for Mr. Selby, the sum of $l0,000 is needed. After listening to the evidence, we are sure you will agree. (sits) Woodson: Open for the defense. Brown: (rises) Your honor, I will open. Mr. Lincoln will handle testimony and Mr. McConnel ‑‑ Mr. J.L. McConnel ‑‑ will be of counsel (moves out). Gentlemen of the jury. Let me take a minute to discuss the role of the defense in this trial, in any trial. The defense does not have to produce any witnesses and the defendant doesn’t have to testify. To require that would be to assume that a person must prove his innocence. And that is not the way the system works. The prosecution ‑‑ in this case, the plaintiff, must prove their charges ‑‑ that the defendant is guilty and deserves the punishment requested. The defense will be calling no witnesses of our own during this trial ‑‑ although we could. We could call a string of witnesses to testify to the sterling reputation of Col. Dunlap, to the contributions he has made to Jacksonville and to Illinois. But that will not be necessary. You know those things anyhow. And Col. Dunlap will not be taking the stand to testify. That is not his burden. The burden is on the plaintiff. Is a claim of $l0,000 justified against Col Dunlap? We think not. We think you will find Col. Dunlap the one justified and return a verdict of not guilty. (sits) Woodson: (makes a few notes) Very well. Is the plaintiff ready to proceed? M. McConnel: We are your honor. The plaintiff would like to call its first witness, Mr. Joel Catlin. Woodson: Summon Mr. Catlin. (Simmons goes to door SL to get Catlin. During the following speech by Stewart, Catlin enters, is shown to the witness box, is silently sworn in by Rogers and is ready to testify at the end of Stewart’s comments). Stewart: (he moves to above Gen. McConnel and the others) This here’s General Murray McConnel. At the time of this trial he was 58 years old. That’s his son J.L. ‑ age 28 ‑ right over there, representin’ Dunlap. Lots of interestin’ relationships in small town courts. The General here left his home in New York as a boy for an adventurous life of flatboatin’, tradin’ and huntin’ in the new western territory. He finally settled in Scott County but when Jacksonville was laid out, the General moved in . He’s probably one of the most sought‑after lawyers in this part of the state. In fact, he was the only attorney present at the first term of the Morgan County court. Met a young man by the name of Stephen Douglas and advised him to go to Pekin to set up a law practice. Well, Douglas tried. He got as far as Meredosia when he found out that the boat ‑ his only transportation ‑ had blowed up so he went to Winchester and started a school. Later on with the General as his mentor Douglas became a lawyer himself ‑ and quite a one at that. Served as State’s Attorney here in Jacksonville before he...well, you already know quite a bit about Stephen Douglas. The older Mr. McConnel here was Major General of the state militia, a congressman, a senator and eventually the 5th Auditor to the U.S. Treasury in Washington. “War Horse of the Democracy” they were to call him as he supported President Lincoln’s war policy right down the line. This here’s quite a fella and he continued to be until l869 when he ran into a little bad luck. He was sittin’ in his law office here in town on North Main St. when somebody walked in and … shot him to death. M. McConnel: State your name please Stewart: … (stage whisper to audience) shot him to death! M. McConnel: And what is your occupation sir? Catlin: I’m the station agent for the Great Western and have been for a long time. M. McConnel: Would you tell us where you were on May 20, l853 at approximately l0 o’clock in the morning? Catlin: I was in the depot talking with Mr ... M. McConnel: (interrupts) And what is the location of the depot? Catlin: (pause) Same place it’s always been. You know where it is. M. McConnel: Blast it, Joel that’s just for the record. Everyone knows where it is. Catlin: That’s what I thought, too. M. McConnel: You were at the depot on the corner North Main at the tracks. Catlin: Yep. M. McConnel: Go on then. What happened? Catlin: Like I started to say, I was talking to Mr. Paul Selby. When Col. Dunlap and some other fellas came in. M. McConnel: Who were some of these other fellas? Catlin: There was John McClernand ‑ Col. Dunlap’s son‑in‑law, Shamus Watson and Oscar Fremont, among ‘em. M. McConnel: Go on. What happened? What did you see happen? Catlin: It was over pretty quick. Col. Dunlap, he walked up to Mr. Selby and hit him with his walking stick. M. McConnel: Hit him where? Catlin: Kind of a glancing blow on the side of the head, the first one was. Mr. Selby, he kinda fell to his knees and Col. Dunlap hit him again, kinda on the shoulder this time. M. McConnel: Did Col. Dunlap say anything to Mr. Selby before he hit him? Was there an argument? Catlin: Nope, not a word. He just walked up and plunked him. M. McConnel: So. Mr. Dunlap made an unprovoked attack upon Paul Selby. Lincoln: Object. Woodson: Sustained. M. McConnel: Then what did you do? Catlin: Same thing you’da done. Got out of the way. M. McConnel: Well, what did Mr. Selby do? Catlin: He got to his feet and grabbed Col. Dunlap’s arm and got the stick and twisted it away from him. M. McConnel: Mr. Selby was able to wrest away the weapon of the malicious attack? Catlin: Nope, he just took the stick away from him. M. McConnel (annoyed) Yes. Well, what did Mr. Selby do with the stick? Catlin: Nothin. When the other fellas saw that Paul Selby had the stick they broke in and held the two apart. M. McConnel: Anything else happen? Catlin: Oh, there was some loud talk, but I couldn’t tell who said what. Col. Dunlap, Mr. McClernand and the others, they left, and Mr. Selby he went off to see Doc Adams. M. McConnel: That’s all. We have no further questions of this witness. Woodson: Does the defense have any questions of Mr. Catlin? Lincoln: No, your honor. Catlin: Good, ‘cause I don’t like it up here too much. Woodson: You can step down. (Catlin does and goes to back of courtroom to sit and watch) M. McConnel: The plaintiff calls Dr. Samuel Adams to the stand. (bailiff exits and returns with Adams whoi goes to the witness box and stands) Rogers: (comes to box) Raise your right hand. Place your left hand on the bible. Do you swear to tell the truth, the whole truth and nothing but the truth so help you God? Adams: I do. Rogers: You may be seated (returns to chair) M. McConnel: Please state your name and place of residence. Adams: My name is Samuel Adams. I reside here in Jacksonville. M. McConnel: What is your occupation? Adams: I’m a medical doctor. M. McConnel: How long have you been practicing medicine, Dr. Adams? Adams: About 35 years. M. McConnel: When and where was your license issued to practice medicine? Brown: (rises) Your honor, the defense will stipulate that Dr. Adams is a qualified physician. Woodson: (making a note) So stipulated. You may proceed General McConnel. M. McConnel: Thank you. Now Dr. Adams. Have you ever treated ... (pauses) Can you identify Mr. Paul Selby? Adams: He’s seated there at that table. M. McConnel: Have you, within the last year, treated Mr. Selby for an injury? Adams: Yes. M. McConnel: Could you describe the circumstances for us. Adams: In May of last year Mr. Selby sought my assistance for an injury to his back and head. M. McConnel: Did he say how he got those? Adams: Yes. He said that James Dunlap had hit him with a stick, a walking stick. M. McConnel: In your professional opinion did the injuries appear to be the type received from a beating with a stick? Adams: Yes. He had a wound on the side of his head ‑‑ a bump, and the skin was broken. And a deep bruise on his back between the shoulder and the neck. M. McConnel: Was he in pain at the time you saw him? Adams: Oh, yes. He was hurting bad enough alright. M. McConnel: Thank you Dr. Adams. Nothing further. (sits) Woodson: Does the defense have any questions of this witness? Lincoln: (rises, moves to box) One or two very short ones. Dr. Adams, in your 35 years of doctoring, I suppose you’ve treated all kinds of problems. Adams: Yes sir, a bunch. Lincoln: Have you ever treated anyone before who was beaten with a stick or something like a stick? Adams: Oh, yes. I’ve seen quite a few of those. Lincoln: Ever seen any patients who were worse off than Mr. Selby? Adams: My my goodness, yes. I’ve seen them knocked unconscious and I’ve had to sew up a lot of heads. Lincoln: Did Mr. Selby have any stitches? Adams: No sir, he had a bump, but it didn’t require stitches. Lincoln: These other really bad (emphasizes those two words) cases you’ve treated. How’d they get so bad off? Adams: Cause someone just kept beating on them ‑ and hard. Lincoln: But that wasn’t the case with Mr. Selby was it? I mean if someone really wanted to hurt Mr. Selby real bad, they coulda put him in a lot worse shape, couldn’t they? Adams: Oh yes, no doubt about it. Lincoln: That reminds me of the time ... M. McConnel: Your honor I’m going to object here. Mr. Lincoln is a very fine storyteller, but perhaps it could wait until after the trial. Lincoln: With the courts’ permission, I intend to end this with a question for the witness. It’s just that some questions are longer than others. Woodson: Yes. I’ll overrule the objection, but try to keep the question as short as possible. Lincoln: Of course. I’m reminded of the time in New Salem when Elijah Potts went out and got himself … plastered … on moonshine. Well, he got to talking too much to the wrong people, and he got himself beat up real, real bad …and he deserved it, also. M. McConnel: Object! Woodson: Sustained. Lincoln: .... and he deserved it. Well, he was on Main Street the next morning and he was all bruised and battered ‑ and he had his old dog with him, kinda big mangy critter. It just so happens that they bumped into a local farmer. The farmer looked at them and said, “Where in the world did you get that terrible beat‑up jackass?” Elijah Potts looked at him and said, “That isn’t a jackass. It’s a dog!” The farmer said, “I was talkin to the dog.” (laugh by courtroom) Mr. Selby wasn’t beat that bad, was he? Adams: Nope. Lincoln: That’s all, thank you Dr. Adams. lst Juror: (stands up in jury box) Your honor? Woodson: (looking up) What! What do you want? lst Juror: Can I talk to you. Woodson: No, you can’t talk to me. lst Juror: Can I talk to someone else, then? Woodson: Simmons! Talk to the man. (Simmons crosses, whispers to the juror. Simmons goes to Judge and whispers. Judge sighs and nods) Woodson: O. K. Everybody just stay where you are. The proceedings are going to rest for just a few minutes and then we’ll be right back at it. (Simmons leads the juror off R to the men’s room. Attorneys confer. Judge talks to clerk) Stewart: While we have a short pause in the action, I’d like to tell you about someone you won’t meet today. But he was out there where you’re sitting on March 2l, l854. You heard him referred to earlier. His name was John A. McClernand, the son‑in‑law of James Dunlap. But McClernand was more than passing relative. He was a political and business ally of Dunlap. McClernand was born in Kentucky in l8l2 and moved to Shawneetown in Southern Illinois when a boy and obtained a law license there in l832 at the age of 20. He fought in the Black Hawk War and served three terms in the Illinois Legislature before he was 30 years old. He then did three terms in the U. S. Congress before moving to Jacksonville in l85l to help with the Dunlap business interests. But get this. In l86l then President Abraham Lincoln appointed McClernand a brigadier general in command of Illinois volunteers of the Union army, then promoted him to Major General two years later. McClernand fought in a number of battles but was severely criticized for his leadership ‑or lack of it ‑ at Vicksburg and was relieved of his command by General Ulysses S. Grant. But his friend, President Lincoln ordered him reinstated. Some years later he served as a circuit judge and, in l874 General John A. McClernand presided over the Democratic Party National convention. He died in Springfield in l900. (Stewart sits) (The juror and Simmons have returned to their places) Woodson: We’re back on the record again. Now. I would hope we wouldn’t have that kind of interruption again, or any other kind. Mr. McConnel I believe you were about to call a witness. M. McConnel: Yes, sir. We call Mr. Paul Selby. (Selby rises, goes to witness stand, is sworn in almost inaudibly by Rogers) Your name, please. Selby: Paul Selby. M. McConnel: And your occupation? Selby: I’m editor of the Morgan Journal newspaper. M. McConnel: Mr. Selby, let’s get right to it. Without a lot of fol‑de‑rol please recount the events of May 20, year last. Selby: It’s pretty much as Joel Catlin said. I was standing at the railroad depot when Col. Dunlap and Col. McClernand and a few others came in..... Stewart: (stand, to audience) Well, they talked on quite a while. Paul Selby went through the whole story of what happened, who did what, who said what, who was there and so on in great detail. He was a man of detail. But, during the very effective examination, General MCConnel never once asked Paul Selby why he thought the beating had taken place ‑‑ and with good reason, too. M. McConnel: Thank you, Mr. Selby. Nothing further. Woodson: Mr. Lincoln. Lincoln: Mr. Selby. Do you think a beating ‑‑ in public or in private ‑‑ is ever justified? Selby: (in a quiet, matter‑of‑fact way) That’s a breakdown of the system of law and order. A civilized society cannot function outside a system of law and order. Lincoln: I won’t object to that response and I’ll try not to interrupt too much. You can do an editorial on that at your leisure but at the moment a simple, direct answer to my question will suffice. Is a beating ever justified? Selby: No. Lincoln: (smiles) Thank you. That is certainly to the point. There is no circumstance you can imagine which would justify the beating of a person. Selby: (sensing a trap) I can’t think of any situation that would justify that. Lincoln: Have you ever heard the phrase “conscience of the city?” Selby: (pause) Yes. Lincoln: In what regard? Selby: What? Lincoln: Where have you heard it? What does it refer to? Selby: It refers to me. At least that’s what some people around town have said about me. Lincoln: It basically refers to your editorial posture, doesn’t it? That you chastise area residents for a wide variety of reasons. Selby: Only when they need it. Lincoln: I’m sure. What’s the reaction of those you criticize? Do they send you thank you notes for your assistance? Selby: Not hardly. It often makes them angry. Lincoln: Angry enough to want to punch you in the nose? Selby: (pause) Maybe. That doesn’t give them legal license to do what they want. Lincoln: Yes, so you’ve stated. Does it bother you that some people get angry at what you have to say? Selby: Doesn’t bother me one bit.

Lincoln: In fact ‑ that’s part of your responsibility isn’t it ‑ getting people angry if they deserve it? Indeed, getting the general public angry about some decisions is part of what you do, isn’t it? M. McConnel: Objection. The witness isn’t being given a chance to answer. Woodson: One question at a time, Mr. Lincoln. Lincoln: It was one question. (to Selby) You intentionally make people angry don’t you? Selby: I don’t write to make people angry, I write to correct wrongs. Lincoln: Your opinion? Selby: My opinion. Lincoln: But if your writing makes people angry, that doesn’t bother you, does it? Selby: Comes with the territory. Lincoln: That’s a “yes” isn’t it? Selby: Yes. Lincoln: When you write your opinion, when you write to correct wrongs, does it occur to you that some people may be angry some of the time? Selby: Doesn’t make any difference (pause) yes. Lincoln: So you routinely incite peoples’ anger toward you. You intentionally make people angry so they will take some kind of action and all of it is based upon your opinion of what’s right and wrong? (pause) I’d like to offer an exhibit into the record. M. McConnel: He’s done it again. Mr. Lincoln seemingly doesn’t even need a witness for his comments. The witness was not provided an opportunity to answer. Lincoln: I didn’t think he wanted to. Do you want to? Selby: What was the question? Rogers: (repeating) You intentionally make people angry so they will take some kind of action and all of it is based upon your opinion of what’s right and wrong. Selby: I have the responsibility to use the knowledge of my position to focus upon critical issues. Lincoln: Even if it causes problems for a lot of other people? Selby: Yes. Lincoln: Yes. Your honor, the defense would like to offer into evidence some of the articles that have been in general circulation. M. McConnel: Your honor, we most strenuously object. The contents of the articles have no bearing on this case. Woodson: Will both counsel approach the bench. Let me hear you on this one. (all attorneys go to judge) Stewart: (to audience) Let me tell you what’s going on there. Mr. Lincoln is trying to get those articles into evidence. They were written by Paul Selby to criticize the operation of the Insane Hospital here. See, Col. Dunlap is on the Board of Directors of the Insane Hospital and Mr. Selby is very critical of how they spend ‑‑ or waste the state’s money. Very critical. See? That’s the reason Col. Dunlap whacked Paul Selby. The lawyers can argue for awhile but Judge Woodson isn’t going to allow it. (sits) Woodson: I’m not going to allow it. That’s the end of the matter. (Lawyers return to tables as Judge addresses jury) Members of the jury, let me explain what has just transpired. The defense wanted to enter into evidence some writing of Mr. Selby. After due consideration the bench has determined that the writings of Mr. Selby are not at issue here. The articles may not be placed into evidence, and further, I have instructed both sides, that they may not refer to nor discuss the contents in any fashion. Mr. Lincoln, do you wish to continue? Lincoln: Yes, your honor. The trains going in the same direction, it’s just moving on a different track. (changing tack) This process of law must seem a curious process to you. Selby: (pause) What do you mean? Lincoln: Well, you suffered a beating didn’t you? Selby: I sure did. Lincoln: I’m sure you did. We’ve heard the testimony of the doctor. He wouldn’t make that up. We’ve heard witnesses testify. They are all honorable men, they wouldn’t make that up, would they? Selby: (wary) No sir. Lincoln: And they testified Col. Dunlap did it ‑‑ and you know he did it, don’t you? Selby: That’s right. Lincoln: And he probably did it. (silence) I don’t know. I wasn’t there but if we can believe you and these other upstanding witnesses ‑ he probably did it. Then why do you suppose he pleaded not guilty? Selby: (quietly) The money, I suppose. Lincoln: I’m sorry. I don’t think the court could hear you. Selby: The money, I suppose. Lincoln: The amount of the money. Selby: Yes. Lincoln: $l0,000. Selby: Yes. Lincoln: That’s quite a sum of money. Selby: I suppose it is. Lincoln: You’ve only been a newspaper editor a couple of years. In that time ‑‑ or in any time have you personally known anyone who sued anyone for $l0,000? Selby: Doesn’t make any difference. Lincoln: (starts to repeat) Have you personally known..... Selby: (interrupts) No. Lincoln: Have you personally known anyone who suffered a beating? Selby: (pause) Yes. Lincoln: In fact, we don’t have to look very far, do we? Were you aware that Mr. Smith was whacked on the head with a stick and General McConnel was thumped by a witness during a trial? M. McConnel: Object. Object. Object. Experience of counsel is not relevant nor admissible. Woodson: Sustained. Lincoln: (walks a few steps) These people that you know who experienced a beating (puts hand up to plaintiff table) ‑‑ who shall remain nameless ‑‑ how many of these men filed a lawsuit? M. McConnel: Object! Immaterial! Lincoln: Your honor, we could have called witnesses and extended the length of this trial to establish that civil cases for one or two thumps are quite uncommon. We were trying to show that same point within the experience of this witness. Woodson: I’m going to sustain the objection. Get your train back on the track, Mr. Lincoln. Lincoln: Mr. Selby, in your position as editor of a newspaper, if everyone who suffered a whack sued for $l0,000 each ‑‑ you’d of heard about it wouldn’t you? Selby: (pause) I suppose so. Lincoln: (changing directions) How long were you in the hospital, Mr. Selby? Selby: I wasn’t in the hospital. Lincoln: Oh. How many days did you miss work? Selby: I didn’t miss any days. Lincoln: Oh. Well...how many stitches did you have? M. McConnel: Object. the doctor has already testified that there were no stitches. Lincoln: Oh. That’s right. I withdraw. The doctor did testify there were no stitches. There was a bump on the head. Selby: Yes. Lincoln: And your position before this court is... that’s a $l0,000 bump? (he walks back toward his table, stops, looks at M. McConnel and matter-of-factly) He can answer that one if he wants. (to bench) That’s all, your honor. (sits) Woodson: Does the defense wish to call any witnesses? Lincoln: No, your honor. Woodson: Very well. Let’s proceed with summary Mr. McConnel. M. McConnel: (in a grand and bombastic manner) Gentlemen. The case has been set before you as clear as we can make it. Let me briefly summarize. You have heard testimony that on May 23, of last year, James Dunlap entered the Great Western depot and without provocation, indeed without a word, raised his stick and hit Paul Selby. That’s a fact not refuted nor questioned by the defendant. You heard Dr. Adams testify regarding the treatment provided as a result of the unprovoked attack. Finally you heard Mr. Paul Selby himself describe the events of that day. There is no question of the guilt of Mr. James Dunlap. We are asking you not only to find him guilty but to award the full amount of damages requested ‑ $l0,000. While that may seem a great sum to you, it is an appropriate decision. The legal word is “punitive” ‑‑ and to punish a person of Mr. Dunlap’s financial stature, an amount of this level is necessary or it does not serve as any punishment for his crime. We know that upon reflection you will concur with the arguments of the plaintiff, Mr. Selby. Lincoln: (rises, to jury) Well, folks. Our part of these proceedings is about over. Then it will be your responsibility. Your responsibility is not to make a particular decision just because I want you to, or because Mr. McConnel wants you to; your responsibility is to consider the facts of the matter and to render a just decision. Justice is not served by placing the same decision on every situation. That’s why we have juries, to consider the situation and use their collective judgement as to what is appropriate. Mr. Selby evidently received a whack with a stick, not the severe beating he has suggested. I wonder what would happen to our courts if every punch and whack ended up in court with an award of $l0,000. What we ask is ‑‑ if you decide Col. Dunlap guilty, that any amount awarded be in keeping with the actual cost of damages ‑‑ such as medical bills and damaged clothing. Although the reasons for the incident could not be pursued as to whether it was justified or not, we maintain that the concept of punitive damages is misplaced and inappropriate in this case. What you have to decide does not have the weight of a decision by the Supreme Court, but what you have to decide is important. It is one small voice, in one small courtroom calling for a just decision. We hope you agree. (sits) Mr. Smith: (redirect, to jury) I think it takes some forensic skill to describe Col. James Dunlap as a small voice. It is a voice too loud that carries a big stick. It is a stick used in the place of the law. With such logic we would take all the law books out of Mr. Lincoln’s office and replace them with hickory bows. James Dunlap broke the law. He is guilty and should be punished accordingly. The amount of the judgement is important. Paul Selby sustained a physical beating and had to pay an amount out of his pocket for medical expenses, but the $l0,000 is in the main, punitive damages. It is to financially punish James Dunlap for thinking he is the law. We ask ‑‑ in the name of justice ‑‑ you to find James Dunlap guilty and award the full amount of requested damages. Woodson: Gentlemen of the jury. Before you retire to arrive at a decision I would like to explain the process to you. Your first order of business will be to select a foreman. You can do that by whatever manner. (smiles) We’d prefer it not be a violent process. The foreman will chair the discussion and serve as spokesman. There are two basic options open to you. l) You may render a decision of “not guilty” if you believe the defendant, Mr. Dunlap, did not commit an assault, or 2) a decision of “guilty” if you think the plaintiff, Mr. Selby and his attorney have proved that an assault did indeed occur. If you decide on a verdict of guilty, it is then your responsibility to decide on an amount of settlement which could be actual or punitive damages. You may decide a settlement of any amount from $l to $l0,000. When all eight of you are unanimous in your decision, send for the bailiff and we will reconvene the court. Are there any questions? 2nd Juror: Yeh . Do we get anything to eat? Woodson: (glares) If you haven’t come to a decision in two or three days, we may send in something. You fellas just get to work and we’ll see how it goes. Mr. Bailiff, escort the jury. Court stands in recess. (bangs gavel) (jury exits R; Woodson exits L) Stewart: (to audience) No tellin’ how long this is gonna take but I’ve heard there’s a group of ladies from the church servin’ drinks down in the lobby. Whadaya say we step down and join ‘em. (begins to go then stops) And you can bring the kids. The ladies are all Methodist.

(End of Act I)

INTERMISSION

(The audience has taken their intermission to the accompaniment of banjo music, cider and some singing. The banjo music is abruptly interrupted once again by the explosion known as Lizzy. She enters from an outside doorway.)

Lizzy: (to everyone in general and no one in particular) Is it over? Don’t tell me it’s over! (barging to a prominent position) Don’t just stand there. Make room! Make room! If that rascal got by me again, there’s gonna be thunder to pay! Whole crowd of lawyers just come over to the Morgan House … all except you know who! Stewart: (who’s entered from behind the audience during Lizzy’s tirade) Still lookin’ for Mr. Lincoln, Ma’am? Lizzy: You mockin’ me? Stewart: No, Ma’am! Not at all! Lizzy: Then where’s that long‑legged Kentuckian? Stewart: He’s … Lizzy: Ever lawyer in town’s over at the hotel … all of ‘em ‘cept him. Now is he in town or ain’t he? Stewart: I’m afraid he’s a Springfield lawyer, M’am. Not one of the Jacksonville crowd. He’s most likely off by himself somewhere. Lizzy: Well, don’t that just beat the devil! How am I supposed to … Simmons: (appearing from upstairs) What in blazes is goin’ on down here? (looking around then spotting Lizzy) I shoulda known. Lizzy: You seen Mr. Lincoln? Simmons: He’s up in the courtroom but if you don’t quit your caterwallin’, lady, the judge’ll be down here. The jury can hear you plumb upstairs. Lizzy: Lincoln’s in the courtroom? Simmons: And now don’t you go botherin’ him. He’s ponderin’. Lizzy: Ponderin’? Simmons: Ma’am, if you don’t keep your voice down … Woodson: (thundering down the stairs) Out! Out! Lizzy: What? Woodson: Get that woman out of my courthouse! Lizzy: (as the Bailiff moves toward her) But I … Woodson: Get her out of Morgan County! Lizzy: Now listen here, your honor, I only wanted ... Woodson: Put her out of the state! Put her out of the territory! Lizzy: But … Woodson: Put her out of her misery! (and the Bailiff brusquely shuffles the protesting Lizzy out the door) (to the crowd) And you! You want a party, go to Beardstown! You want a circus, take off for Springfield! But if you’re going to stay in Morgan County, then QUIET DOWN! Stewart: Sorry, your honor. Woodson: This is what comes from starting a college here in town. Hooliganism! (and he storms up the stairs) Stewart: (a bit embarrassed and cowed at this) Uh...folks, I know you got tickets for the whole nine yards but uh....I’m afraid we won’t last long in Judge Woodson’s court if we stand around in his hallway. Look, it’s might nippy outdoors. Maybe we’d be just about as safe in the courtroom as anywhere. Come on, follow me. (the banjo music accompanies the audience up the stairway and into the courtroom, led by Stewart.)

ACT II

The Courtroom

(When the crowd begins to enter the courtroom, Stewart immediately shushes them and the cause becomes evident as we see the shirtsleeved form of Abraham Lincoln leaning back in one of the defense chairs, feet propped up on the table, sound asleep. Lincoln, historians will note, despite his subtlety as a lawyer, snores like a riled bull. Stewart does his best to steer everyone back to their seats with as little noise as possible, admonishing any noisy playgoers to quiet themselves for the sake of the sleeping Lincoln.) Stewart: (after the crowd has settled in...in a stage whisper) I guess this is how a lawyer ponders. Quiet now. An attorney in l854 charged about ten bits an hour. Somebody’s probably payin’ dear for this nap. (A slight scuffling is heard from behind the judge’s bench) Stewart: (noticing the noise) What the heck? Freddy: (whose voice can be heard from behind the bench) Hush! You shut up, now! Willy: It wasn’t me! You kicked it! Freddy: If you don’t shut up, he’s gonna hear us! (From behind the judge’s bench we see the heads of Willy and Freddy slowly rise into view. They peek over the ledge. From this point on, the audience will not be noticed by either Lincoln or the boys.) Willy: There is he! Look at ‘im! Freddy: Holy taters! My, but ain’t he a long one! Willy: (as they rise to standing) That sucker stretches near on to Missouri. Look at the size of them feet. Freddy: Yea. Willy: But he ain’t near as ugly as pa said he was. Freddy: Ugly enough though. Willy: Yep. Freddy: Come on, let’s see ‘im closer up. Willy: (stopping him by his arm) You hold tight, Freddy. What if he wakes up on us? Freddy: You a‑feared? Willy: (with false bravado) Not likely. Freddy: Then you just got yourself double‑dared. Willy: (his bravery dissolving a bit) Shoot. Freddy: Come on. (and the two creep not‑too‑silently around the clerk’s desk to a position just US of Lincoln. A couple of thundering snores from Lincoln stop them midway then they more carefully continue their little adventure.) Willy: Gollee Bill, look at ‘im. Wait’ll I tell the guys I stood right up on Abe Lincoln. Look at them ears! Freddy: Bigger’n ma’s flapjacks. Willy: (an idea) Hey! Freddy: What? Willy: Let’s get a hair! Freddy: What? Willy: (pulling a jackknife from his pocket) Let’s clip us a hair from Mr. Abe Lincoln! Freddy: (backing slightly away) You loco? Willy: You chicken? Come on. Daddy says he’s gonna get elected to the senate some day. Then won’t you be sad you didn’t have a hank of his hair, too? Won’t cha? Freddy: (whining) Come on, Willy. This ain’t no fun. Let’s get outa here. Willy: Sure thing. Soon as I get me my … (and he begins to open up the knife. Lincoln, who’s been awake for the entire conversation, grabs him by the wrist.) Lincoln: Gotcha! Willy: (crying out, wide‑eyed) Ma!!!!! Freddy: (in a loud whine) Oh, shoot! ( he retreats to near the clerk’s bench) Willy: (again, terrified as Lincoln holds him) Ma!!!! Lincoln: A knife! Come quick, sheriff! He’s got a knife! (Freddy runs to the judge’s seat and stands in front of Woodson’s chair) Willy: Ma!!!! (Lincoln, in one swift move, hauls Willy upon onto the defense table and pins him there.) Freddy: (nearly trance‑like in fear) Oh, shoot! Lincoln: (playing the part to the hilt) Alright, Mister! What is it you want? My money? Willy: (unable to string a sentence together) I … I … Lincoln: My horse, then? You after my horse? Willy: Honest! I … I … Lincoln: Cause if you are then that just means one thing, Mister! Willy: What? Lincoln: That means you ain’t seen my horse! (And all is silent) (After a tense few seconds the air is split with Lincoln’s laughter as he walks to Center.) (To Freddy) Well, whata you think we ought to do, Judge? Freddy: (jumping in fright at being addressed by this madman) Me? Lincoln: Your honor, this man brutally attacked me holdin’ what appears to be a jackknife, with malice and apparent forethought. (walking to the jury box and addressing the imaginary jurymen) Gentlemen of Jacksonville! Is this how you would have visitors to your fair town treated? True, I’m a lawyer and thus not deservin’ of the rights of a normal man but still....even the lowliest of God’s creatures deserve some sort of protection from what appears to be a crazy‑eyed Democrat! So! (moving back to Freddy at Woodson’s bench) What’s it going to be, judge? The jury is silent. Now what’s your verdict? Freddy: (shaking in his boots) Uh....guilty? Lincoln: And the sentence? Freddy: (looks wide‑eyed at Lincoln, then at Willy) Uh...hangin’? Willy: (sits up ram‑rod straight and screams) Freddy!!!! Lincoln: (crossing to DC) Justice prevails! Freddy: (not believing what he’s just said) Oh, shoot! Willy: (again) Freddy!!!!!! Lincoln: (crossing to Willy) Case closed! Willy: (in a stream of desperation) Mister, I’m mightily sorry...I... didn’t mean nothin’, really.... Lincoln: You think I’m ugly? Freddy: Oh, shoot. Willy: Ugly? Ugly? Heck no! Not by a long shot! Lincoln: Your honor, I’d like to add perjury to the defendant’s charges. Freddy: Huh? Lincoln: He just lied! (Pulls our a jackknife of his own) Let me tell you how I got this knife. Fella come up to me in Peoria one day. Said “Mister! This knife was once given to me with the instructions that if I ever found a man uglier than myself then I was to give it to him. I think,” he said, “that you are fairly entitled to this property.” And he handed me his knife. (he stares long and hard at the boy until the tension causes them to both break a slight grin which eventually dissolves into a roar of laughter. Even Freddy feels the tension melt away a bit and laughs along with Lincoln and his new friend.) Willy: (after a bit of this, still laughing) You had me there, Mr. Lincoln. You can sure pull a leg if you’ve a mind. Lincoln: Yep. Willy: (offers his hand) Willy Viera, Jacksonville, Illinois! Lincoln: Abraham Lincoln, former postmaster at New Salem. Willy: And that’s Freddy. Lincoln: (Xing up and offering his hand) An honor, your honor. You’re one of the finest judges I’ve served under. Freddy: We’re mightily sorry, Mr. Lincoln. We heard a lot about you. Lincoln: Any of it good? Willy: (crossing to Lincoln) Heck, all of it....mostly. (a beat, then) You really an abolitionist? Lincoln: What is an abolitionist, Willy? Willy: Gee...I don’t know... Lincoln: (walking around Willy, sizing him up) Willy Viera. An Irishman, eh? Willy: No sir, I’m.... Lincoln: (thinking) Viera...Viera...Oh! Must be German, then. Willy: No, we’re all Portugese. Lincoln: Tell me, Willy, you ever get made fun of for bein’ Portuguese? Willy: Sure, sometimes. Lincoln: Then you know what it means to get treated bad because of where you come from. Willy: (drawing slightly away) It ain’t....well....it ain’t no joy, Mr. Lincoln, and that’s a fact. Lincoln: (taking Willy by the shoulders and putting himself directly face‑to‑face with the boy) Then here’s what let’s do. Let’s you and me join together. Let’s say that if some don’t like the way you look then he’s gonna have to fight me first. Willy: (brightening) Really? Lincoln: Let’s say that you’re a man and I’m a man and anybody who doesn’t like us because of where we come from or how we look ‑‑ well ‑‑ he’s got to answer to both of us! Whada you say to that?

Willy: That’s great, Mr. Lincoln! Lincoln: And we’re going to work to abolish all of that kind of thinkin’. Willy: (grasping Lincoln’s hand enthusiastically) You got yourself a deal, Mr. Lincoln. Lincoln: And you have just become an abolitionist, Mr. Viera...or at least some of the makins. (Willy is caught short. He stares at Lincoln then at their clasped hands) Freddy: But our preacher preached against the abolitionists last Sunday, Mr. Lincoln. How could that be? Lincoln: (smiling sadly) Freddy, that’s been one of the darkest mysteries I’ve ever known. We got a plentiful number of preachers all over this state preaching for slavery. (walking slightly apart and R. of the boys) I had a good friend in Springfield by name of Newton Bateman. He was Superintendent of Public Instruction for Illinois and had an office right next to mine. (Bateman enters, R, carrying a large journal. He puts it down on a desk and begins to pour over its pages) Bateman was one of the best friends I had and a Christian gentlemen if ever I knew one. (to Bateman) Mr. Bateman! Bateman: (suddenly seeing Lincoln, closes the journal) Evenin’ Abraham. Lincoln: That the voter survey? Bateman: Yes sir, I was just puttin’ it away... (and he begins to exit R with the book) Lincoln: Hold on a minute. That’s the one that asked every registered person in Springfield how they intended to vote? Bateman: Yes sir, they sure did. Lincoln: I’ve seen it. Let me show you something. (he takes the book from Bateman and opens it to a page, laying the book on the table) It’s right here toward the start. Here. Look at this. You recognize these names? Bateman: (knowing what he’s after, a bit sadly) I know ‘em, Abe. Lincoln: Twenty‑three ministers of different denominations, and all of them are against me but three. (turning a few more pages) And look here. Elders, prominent members...look at this. Nearly all are against me. Mr. Bateman, I’m not sure whether I’m a Christian (pulls a pocket New Testament from his rear pants pocket). There’s much of this book that I do not understand. But these men know well that I am for freedom in the Territories, freedom everywhere, as free as the constitution will permit. They know this, yet with that knowledge and this book in their hands, in the light of which human bondage cannot live a moment, they are going to vote against me. I do not understand this at all. (he puts the testament down on the journal and slowly walks slightly away from Bateman, his countenance greatly changed to one of sadness. The original source stated that there were tears in his eyes at this point.) I know there is a God, and that He hates injustice and slavery. I see the storm coming, and I know that His hand is in it. If He has a place and work for me, and I think He has, I believe I am ready. I am nothing, but Truth is everything. I know I am right, because I know that liberty is right, for Christ teaches it, and Christ is God. I have told them that a house divided against itself cannot stand; and Christ and Reason say the same. My opponents don’t care whether slavery is voted up or down, but God cares, and humanity cares, and I care; and with God’s help I shall not fail. These men will find they have not read their Bible right. Bateman: (after a moment) I think they’ve been with slavery so long that they’ve come to defend it. Lincoln: (a beat, then) The cup of iniquity is full, and the vials of wrath are about to be poured out. Bateman: (picking up the book) Abe, I’ve been your friend a long time, and as long as that’s been I never knew you spent so much time thinking about religion. Even your friends don’t know of the things you have expressed to me. Lincoln: I know that. But I think more on these things than on all others and have done so for years. And....I’m willing that you should know it. (Bateman looks at Lincoln a moment with a new respect, then exits) (watches after him a moment, then to the boys without turning to them) I have never known, boys, why a man has got to constantly say what he is when just livin’ it ought to be enough. Willy: Daddy says a man like you shouldn’t be stuck here in Illinois. Lincoln: Oh, I’ll be movin’. I’m always movin’. They used to think I was crazy back in New Salem. I’d try to read my law books of an afternoon and they thought I was loco since I’d keep movin’ from place to place around town. Freddy: (after a glance at Willy) Well. Were you? Lincoln: Don’t think so. I was just tryin’ to stay in the shade. (he laughs, which causes the boys to do the same, then) Besides, what’s wrong with this old Illinois Prairie? Lookee what we got right here in this courtroom...(he moves around the room and points to the chairs formerly occupied by the various characters) (indicating the defense table, Brown’s seat)....one of the area’s leading scholars...(indicating J.L. McConnel’s chair)...a war hero and novelist...(moving to the plaintiff’s table, indicating Smith’s seat)...and on the other side we’ve got Richard Yate’s law partner and the leading Whig in this part of the state and right beside him (indicating Gen. McConnel’s chair) is a retired general who taught Stephen Douglas everything he knows about law. (indicating Selby’s chair) And young Selby here. Well, there ain’t too many fellas of twenty‑nine with his writing ability. If you ever hear of the Republican party, it’s gonna be due to this man. Then there’s Judge Woodson who’s one of the most respected jurists in Illinois and even Col. Dunlap himself has probably done more to build up this part of the country than any man I know. Boys, you best walk lightly ‘cause you’re standin’ in the shadows of giants here in Jacksonville. Freddy: (looking at the area around his feet with a holy awe) Holy shoot! Willy: But this is just Jacksonville, Mr. Lincoln. My daddy’s told me about the big places like Chicago and Cincinnati. Lincoln: It’s hard to breed giants in a broodin’ house, Willy. It’s hard to think new thoughts when you’re just surrounded by all the old ones. Willy: Huh? Lincoln: Let’s say you and me take off for New York or Philadelphia, Willy. Let’s say we wanna built a bridge. Shoot! They got bridges! Let’s say we wanna start a store. They got more stores’n they need right now. Let’s say we wanna become a lawyer! If Philadelphia gets one more lawyer they’ll have to start suing each other just for a place to stand. (indicating the table again) These men are giants, Willy, because they got room to be and because they just gotta be. This old prairie demands it. Freddy: But ain’t you heard ‘em yell at each other? There ain’t a one of ‘em that agrees with another. Willy: Pa says it’s like a dog fight to hear ‘em talk. Lincoln: No argument there. ‘Course you gotta remember: Dogs got more sense than men. You see two dogs fightin’ and you can be sure there’s a reason behind it. Besides, ain’t you the two I saw fightin’ just before court started? Freddy: Well....sure...but that’s just cause we’re friends. Lincoln: See what I mean? You find two fellas who agree and heck...you won’t get a thing done. (draws out his knife) Lookee here. See that blade? (Touches it, jumps a bit then sucks on his cut finger) Know how to get a whittlin’ blade that sharp? You gotta rub it against a rock that’s even harder. Herndon: (yelling from offstage left) Lincoln!! Lincoln: (laughs) Which reminds me. I got a law partner in Springfield that reminds me a whole lot of you two.... Herndon: (again, still offstage) Lincoln!! Lincoln: (laughing again) William H. Herndon. (whispering to the boys) Everybody wonders why I picked him.

Herndon: (still off) Where in damnation are you, Lincoln? Lincoln: (pointing at his knife) This here’s me. Herndon: (off) Lincoln! Lincoln: Here comes the rock! Herndon: (blasting into the room) Lincoln! Where in the ... (seeing Lincoln taking a seat, grabbing a newspaper and propping his feet on the table to read) There you are! Where’ve you been, Lincoln? Lincoln: Right here. (noting something in the paper) Listen to this, Billy. Herndon: (irritated) Lincoln, I... Lincoln: (reading) “In a Jacksonville trial last week, Mr. James M. Epler opposed attorney George Dod in court …” Herndon: Could you listen to me for just..... Lincoln: (oblivious to all else) “... during Mr. Dod’s somewhat lengthy argument to the jury, one of the members fell over and died within a few minutes. After the dead juror had been carried away Mr. Dod renewed and concluded his argument.” Herndon: Lincoln! Lincoln: “Mr. Epler in his reply argument to the jury assured them, that he would be very brief, inasmuch as Mr. Dod had already talked one of the jurors to death.” (he roars with laughter) Herndon: (just stares at his wayward partner) Lincoln: (finally noticing that Herndon does not share in his mirth) What’s the matter, Billy? You’d best read this. I’ve heard you in court. Herndon: (trying to calm himself as he walks to C, beyond Lincoln) Why...why must you continue to read every issue of every newspaper aloud to me? Lincoln: I’m not readin’ to you, Billy. I’m readin’ to me. Helps me to remember it better. Herndon: Could I possibly have my law partner’s attention for just one minute! Lincoln: Ease up, Billy. I’m listenin’. (he goes back to reading) Herndon: It’s the Dormer account. I don’t mind keeping all the books around here but you’ve got to tell me what you’ve.... (sees he’s not listening, walks to Lincoln in disgust and pulls the paper down to Lincoln’s lap)....You’ve got to tell me what you’ve charged. Lincoln: What’s the case? Herndon: (trying to hold his ample temper, reading from a note in his pocket) “People vs. Dormer, Circuit in Menard County.” Lincoln: (thinks a moment) When was it? Herndon: (finally exploding) How should I know when it was! You handled it! Lincoln: (another moments thought as:) Hmm. Yea....yes, I do remember the case. (rummaging through his pockets) I’ll find it....just gimme a lick or two here....(keeps searching)....How much did you say it was? Herndon: (again, exploding) That’s what I’m asking you! Lincoln: (calmly) Let’s see.....(he sorts through a pile of papers on a desk) Herndon: Lincoln, you are the finest lawyer and worst bookkeeper in the state of Illinois. Lincoln: (not listening well, looks up) Huh? Oh...thank you, Billy. I appreciate that but I can’t seem to keep accounts very well. Herndon: (totally exasperated) And if you could manage at all to keep your two boys from running roughshod over this office every Sunday afternoon...... Lincoln: (again, paying little attention as he continues to sift through papers) What was the county? Herndon: Menard! Menard! You come in off the circuit on Saturday night, bring your boys down here on Sunday and it’s Wednesday before I’ve found everything again. Lincoln: I found it! Herndon: At last! Lincoln: (Lincoln holds up a small, wooden top) Robert’s been lookin’ for this top since last week. Herndon: Good God! (he slams himself into a chair and holds his head) Lincoln: Sick, Billy? Herndon: Sick of carrying this law firm, the entire abolitionist cause, and the liberty of the entire state of Illinois on my shoulders for these past ten years together. (he fumes as he Xs to rifle through some papers) Lincoln: (to the boys) Billy Herndon never did or said anything halfway. We’re the perfect pair. I’m never sure about anything and Billy, he’s sure about everything. Herndon: (to himself, still looking through the papers) It’s got to be here somewhere. A hundred and twenty‑five cases through this office in the last two years and you never keep a record of a single one! (holding up a small wad of bills with a paper wrapped around it) What’s this? (reading the wrapper paper) “For William Herndon.” Lincoln: That’s your share of the Peoria trial. Herndon: How long’s it been here? Lincoln: (thoughtfully) Depends. When was the trial? Herndon: Lincoln! (stuffs the wad into his pocket and keeps searching) Lincoln: (to the boys) He’s the rock. I’m the knife. See what’d happen if there was two like me in this office? (glancing at the fuming Herndon) Or two like Billy? Somebody once called us the firm of Pen and Jack. Billy’s a penknife...quick, jabbin’, slashin’ here and there....and I’m the old jackknife...slow, findin’ its long way easy until it finds its target. (and on the word “target” he sticks Freddy in the side with an imaginary knife, causing Freddy to squeal) Herndon: (looking up at the sound but not being aware of the boys) What? Lincoln: Nothin’. Look Billy, I’d help you look but at a dollar and a quarter an hour, I’d be better off findin’ new cases rather than lookin’ up papers on the old ones. (he picks up his stovepipe hat which has been lying near the jury box) I’m off to Jacksonville. See you next week‑end (as he moves to put his hat on his head, a piece of paper falls out. Lincoln picks up the paper and reads it, then:) Billy. (Herndon looks up.) People vs. Dormer. Thirty‑five dollars. (handing him the bill) You take care of Dormer. I’ll go see the people. (and Lincoln crosses center as Herndon glares at him then storms off right.) Simmons: (entering through rear of courtroom) Mr. Lincoln? Lincoln: Evenin’, Simmons. Simmons: Jury’s ready. You the only one here? Lincoln: Me and my junior partners. Simmons: (just now noticing the boys) You again? Them’s the two little hooligans that was makin’ so much noise yesterday. Lincoln: They’re studyin’ to be lawyers. Simmons: Figures. Well, I’m goin’ over to the Morgan House to collect the rest. Be just a minute. (starts to go, then) And you boys best get out of here before Judge Woodson gets back. (he exits) Lincoln: You’ll be alright boys. Willy: You gonna win this one, Mr. Lincoln? Lincoln: Doubt it. Willy: But you’re the best lawyer in the state! Lincoln: Oh, I doubt that. But even if I was, the best lawyers always get the toughest cases. That makes it about even. Freddy: You mean you lose cases, too? Lincoln: ‘Bout as many as I win. Willy: And you ain’t got a chance today? Lincoln: Oh, there’s always a chance. Wish you boys could have been in Springfield back in ‘4l. But I guess that’d be a little hard to do, wouldn’t it? The Trailor boys had been arrested for murderin’ old Archibald Fisher and stealin’ his gold. They arrested Henry Trailor and for days and days the mayor, the attorney general and the police raked poor Henry over the coals. He finally confessed that him and his brothers had killed Archibald, stuffed him into the brush then loaded him up the next day and dumped him in the Hickox millpond. Henry gave every detail he could think of and the whole town of Springfield was ready to hang all three brothers on the spot. Then they asked me to defend them. Willy: Golly. What’ja do? Lincoln: Well, all the circumstantial evidence was against us. The state even had witnesses that saw the Trailor boys spend old Archibald’s money. There was only one defense left. Freddy: (drawing closer, wide‑eyed) Yea? Lincoln: I did some lookin’ around and found the dead man? Only he was alive and livin’ in Warren county. Ruined the whole trial for the state and taught the whole county a lesson about circumstantial evidence. Willy: Wow! Lincoln: Town still wanted a hangin’ so I suggested they start with the mayor and the attorney general. (he laughs as do the boys) Freddy: You think they’ll hang Dunlap, Mr. Lincoln? Lincoln: (smiling) Not likely. He don’t deserve that. And....this ain’t a hangin’ county. Some are but not Morgan. Only man ever sentenced to be hanged in Jacksonville was George Gardner back in ‘4l. They found him guilty of shootin’ Phil Nash over at Exeter with a shotgun. Judge Stephen Douglas was in charge. Freddy: Did they hang him? Lincoln: They tried but they couldn’t. Freddy: Huh? Lincoln: Nope. Couldn’t find him. Night before the hangin’ he broke jail. Some said he went right out the front door. No, I spect Colonel Dunlap’ll escape the rope. Brown: (entering the rear of the courtroom) You been here all this time, Lincoln? Lincoln: (indicating the boys) We’ve been discussin’ the finer points of law, counselor. J.L. McConnel: Well, we’re sunk on this one. Lincoln: You expect anything different? J.L. McConnel: I guess not. Just hate to see the old man take another one away from me. Lincoln: Oughta be proud of your dad, John. He’s a good lawyer. J.L. McConnel: I’d be one, too, if Selby was my client today instead of that windbag, Dunlap. Lincoln: Well, we’ve got one thing to be thankful for. J.L. McConnel: What’s that? Lincoln: That you’re not on the jury. Simmons: (entering) Here we go! Come on, fellas. My wife’s got dinner waitin’. (the principals enter. After they’ve assumed their positions and the boys take a seat in the audience behind Lincoln, Simmons retrieves the jury who file into their places) Simmons: All rise! The Circuit Court of Morgan County is again in session, March 2l, l854. Judge David A. Woodson presiding. (Woodson has entered during this.) Woodson: Be seated. Mr. Foreman, have you reached a verdict? Foreman: (stands, a very nervous man with the fate of several important men in his fingers) We have, judge. Woodson: Would you then read it, please. And speak up. Foreman: What? Oh, sure. We find for the plaintiff, Mr. Selby. (a good deal of back slapping at Selby’s table and the opposite effect is seen at the defense table) Woodson: Quiet! (to the foreman) And have you concluded the amount of damages? Foreman: Yes, sir. (turns to another juror, nervously) 2nd Juror: Go ahead. You got the paper. Foreman: For the sum of three … hundred dollars. (the elation switches sides as the piddling amount is announced) (Dunlap rises to shake Lincoln’s hand profusely as Woodson slams down his gavel) Woodson: Quiet. Is that what you say, one and all? (jurors nod yes) Very well, the bench accepts the decisions and orders it to be so entered and imposed. There being no further business in this matter, this court is adjourned! (the principals begin to rise and make their way out of the courtroom) Freddy: (rushing up to Lincoln) So we won, Mr. Lincoln? Lincoln: Same as. Willy: So are you a giant now? Lincoln: (laughs) That’s a day‑by‑day thing around here. Lizzy: (storming in the rear of the courtroom, blasting her way through the other attorneys as they make their way out of the room) Don’t tell me it’s over! (grabbing one of the lawyers on his way out) This thing done already? (he shakes himself loose and exits. She marches down to the forestage area where only Lincoln and the boys are left standing) That’s it? I missed it all? Lincoln: ‘Fraid so, Ma’am. Lizzy: (seething) Well, I’ll be blasted! (storming around the area) And where’d he go this time? You tell me I missed that man again and I’m gonna throw a fit! Lincoln: (playing it as innocently as his hidden grin will allow) M’am? Lizzy: Lincoln! Don’t you be tellin’ me that I missed that cuss again! Willy: But Lizzy, he’s right.... Lincoln: (quickly grabbing Willy and putting his hand over the small boy’s mouth) Not at all! Not at all! I heard him say he was on his way over to the Morgan House to get his stuff. You hurry and you’ll catch him for sure! Come on, boys! Let’s go with Lizzy. (as the four head out the aisle) I hear he’s a real giant! (and they exit, Lizzy burning up the floorboards and Lincoln with an arm around each smiling boy.) Stewart: (standing and motioning to the audience) Everyone! Let’s go! I gotta see this! (and he leads them out of the courtroom to meet Lincoln and his friends in the lower hallway.)

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