Abraham Lincoln & Grandma’s Grandpa

“My grandma’s grandpa lived in Danville, Illinois. He was a farmer. Grandpa Jeptha was a good friend of President Abraham Lincoln. President Lincoln lived in Springfield, Illinois. He was a lawyer. When President Lincoln had trials in Danville, he stayed in the home of Grandpa Jeptha. They played games and talked. They were great friends. Grandpa Jeptha was very sad when President Lincoln was assassinated by John Wilkes Booth.”

-- Timothy Colfax, Mrs. Slater’s Class, Grade 3

May 14, 1852

County Courthouse, Vermilion County, Illinois

The Hensleys had arrived early. Jeptha sat alone at the defendants table. His wife Elizabeth sat a few rows back from low wooden gate that separated the gallery area from the rest of the courtroom. Elizabeth sat with her father Achilles Morgan. A few friends joined the Hensleys.

On the opposite side of the courtroom sat the Rebecca Loveall and the rest of the Loveall clan.

Neither side said a word to each other or to their opponents, despite the long feud between the Hensleys and the Lovealls.

Everyone stared straight ahead. Silent.

Jeptha wore his old coat. He had wanted to have a new one, but his old coat would have to do until he could afford another one. Elizabeth wore a new bonnet. The bonnet was simple in its construction but showed off some blue fabric of a type that hadn’t been available in Illinois until just recently. Elizabeth thought her new hat bore witness to her status in the community as the daughter of one of the county’s founders. Elizabeth wished Jeptha had found a newer coat someplace than the dirty old one he wore.

Achilles Morgan sat next to his daughter Elizabeth, as he wondered what all the fuss was about. Just a few years ago, sharecroppers like the Lovealls would have known not to cause trouble. Yes, Jeptha was probably not the son-in-law he had imagined, but at least he owned his own farm. Jeptha had amounted to something, more or less, he thought.

Benjamin Willbanks, a trainee law clerk at the Lincoln Herndon firm, entered the courtroom. Willbanks wasn’t an attorney yet, but he had come to understand that he should always carry himself as if he was the most important man in the room. Willbanks also tended to dress as if he was the most important man in the room, too. The same could not be said of the esteemed proprietor of his firm, he thought.

Willbanks had come to understand that prominence carries a certain dignity. Abraham Lincoln was hardly well dressed or handsome, but almost everyone in Illinois knew of him. So what if he didn’t dress well, was kind of awkward, and would sometimes be depressed and unable to work for days. He delivered for his clients. The judges had learned this, and Willbanks noticed that many judges gave Lincoln a level of deference above and beyond what they would give anyone else.

“Good morning, Mr. Hensley,” whispered Willbanks in the quiet courtroom as he laid some law books and other papers on the defense table.

Jeptha looked up at the Lincoln’s young assistant. Hensley rarely saw anyone as dapper as Willbanks. His coat looked like a proper tailor had made it. He wore a fancy double-breasted vest underneath his jacket and a silk tie horizontally knotted into a flat half-bow.

Jeptha reconsidered his old coat and open collar. After all, he was on trial, and he worried even more about the impact his appearance might have. He also hoped the judge couldn’t see his dirty old shoes and old pants underneath the table.

“Good morning, Mr. Willbanks. Will Mr. Lincoln be here soon?” asked Jeptha.

“Mr. Lincoln had some business with his railroad client this morning. He will be here soon. I have noticed that Judge Dennings’ chambers overlook our rooming house. The judge tends not to leave his chambers until he sees Mr. Lincoln emerge from the rooming house,” said Willbanks, flashing a confident smile to Hensley.

Hensley rarely saw manners like this Mr. Willbanks and wondered what big city he might have come from. Willbanks seemed odd and unmanly, but maybe that’s what some lawyers are like, thought Hensley.

Willbanks could tell that his best version of a confident smile had backfired on this farmer who had winced at his smile. Willbanks wished again that he could bring himself to mimic his boss’s confident but folksy charm.

The court room door opened and in strode Abraham Lincoln, not nearly as well dressed as Willbanks, but dressed well enough.

As Lincoln walked down the aisle, he noticed old Achilles Morgan sitting next to a woman wearing an odd blue hat. He remembered Morgan from the Black Hawk War, 20 years earlier. Morgan had seemed a bit of a know it all, but nice enough. He also remembered that Morgan had let everyone know that his grandfather had surveyed Virginia with George Washington. Lincoln later learned from others that this story was more or less true, but he also wondered what difference it made to anything. A friend had told him that old Morgan now lived with another more successful daughter than Jeptha's wife.

“Mr. Hensley, I'm Abraham Lincoln. Thank you for contacting us about your case. We should have everything wrapped up soon,” said Lincoln.

“Thank you, sir. My wife has been worried sick for weeks!”

“I’m sure she has. You’re sorry about all this, aren’t you?”

“I can’t believe things ever got this bad with the Lovealls. I can’t stand them, but this all got way out of hand, sir, and I'm truly sorry about it all.”

“Contrition is as good as an acquittal to me,” said Lincoln.

Lincoln looked over at Russell Cartwright, the county prosecutor, and nodded cheerfully. Cartwright nodded back. Lincoln had beaten Cartwright so many times that the two had ceased exchanging pleasantries, and besides, Cartwright was an avowed Douglas man.

“The Honorable Judge Jacob Dennings of the Vermillion County Circuit Court, State of Illinois. Oyez! Oyez! Oyez! All persons having business before the Honorable Judge, are admonished to draw near and give their attention, for the Court is now sitting. God save Illinois and this Honorable Court.”

Jeptha thought the judge looked tired or maybe mean. Jeptha also noticed that the judge spent more time looking at Lincoln than anyone else in the courtroom.

“Mr. Cartwright. Your case is an appeal of an acquittal in the case of Illinois v. Hensley for assault and battery, is it not?”

“Yes, your honor it is.”

“Please proceed Mr. Cartwright.”

“Your honor. On January 31st of this year, Jeptha Hensley did commit assault and battery against Rebecca Lovell and her sister Lucinda Lovell by striking these women with his closed fist and with a club.”

“Objection, your honor. Facts not in evidence.”

“Mr. Lincoln?”

“Your honor. The jury in February did not find the facts that Mr. Cartwright has just alleged.”

“Objection sustained. Mr. Cartwright please re-state your case.”

And on things went. Cartwright later considered the case opening to have been the easier part of a dreadful day. Lincoln shredded every piece of evidence Cartwright tried to enter for the court’s consideration.

His best witness from the first trial Moses Johnson recounted his testimony about seeing an enraged Hensley hitting Mrs. Loveall and crashing a big stick over her head during an argument about whether Hensley had paid Mrs. Loveall for some work at her farm, which he claimed she had done poorly.

Cartwright thought he had managed to present this testimony better than he had done at the earlier trial when he finished.

“Mr. Lincoln?”

“Thank you, your honor. Your honor, I respectfully motion the court to grant judicial notice of the following fact: On the 31st of January this year, the sun set at 5:09 p.m. The time is recorded here in the Farmer’s Almanac.”

“Objections, Mr. Cartwright?”

“No, your honor.”

“Motion granted.”

“Your honor, I now move that Mr. Johnson’s testimony be stricken in its entirety on the following grounds. Mr. Johnson testified that he saw the alleged confrontation between Mr. Hensley and Mrs. Loveall as he rode down the Georgetown Road. To have seen this alleged confrontation, Mr. Johnson would have needed to turn his head to the left - or eastward. By his own testimony, Mr. Hensley and Mrs. Loveall were 400 feet away from Mr. Johnson, and by his own testimony, Mr. Johnson saw this alleged confrontation shortly after 5:30 that afternoon. The court has just accepted that the sun set at 5:09 on the 31st of January. It is impossible that Mr. Johnson could have seen anything 400 feet away in the darkness looking eastward, the darkest region of the sky at that hour.”

“Thank you Mr. Lincoln. Mr. Cartwright?”

“This is Mr. Johnson’s testimony, your honor.”

“Mr. Johnson has testified to something that he could not have seen, your honor.”

“I’m aware of that, Mr. Lincoln. Mr. Cartwright, anything else?”

“Ah. Well. Umm. He said he saw the confrontation.”

“Thank you, Mr. Cartwright. Motion granted.”

“Thank you, your honor. The defense now moves for summary judgment. There is simply no support for the state’s charges without Mr. Johnson’s testimony.”

“Mr. Cartwright?”

“No comment, your honor.”

“Motion granted. Case dismissed.”

“All rise.”

Judge Dennings returned to his chambers, slightly chuckling to himself.

The Lovealls were just now beginning to understand that it was all over. Nothing would happen to Hensley. They wanted to scream. But stayed silent and began shuffling out of the courtroom, muttering among themselves.

The Hensleys were just now beginning to understand that it was all over. Nothing would happen to Jeptha. They wanted to shout. But stayed silent and seated.

“Congratulations, Mr. Hensley!” said Willbanks, giving Hensley a wink.

“You mean, it’s over?” asked Hensley, wondering again about Willbanks' odd gestures.

“Yes. Mr. Hensley. You have won. You are completely vindicated.”

“Mr. Lincoln,” said Hensley rising from his seat with tears welling in his eyes, ”Sir, how can I thank you?!”

“You’re welcome, Hensley. No thanks necessary. Just make sure you pay my bill.”

“Can I invite you to our house? Dinner? Something?”

“Thank you, Mr. Hensley, but Mr. Willbanks and I must return to Springfield immediately to prepare for another case.”

“Oh, thank you for your help, sir!”

“All in a day’s work,” said Willbanks, collecting his books and papers and trying to keep up with Lincoln as he strode from the courtroom at a brisk gallop.

Jeptha never spoke to Lincoln again, although he did attend his campaign rallies in Danville and later travelled with a friend to see Lincoln's funeral train pass by.