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Lincoln's Last Trial: The Murder Case That Propelled Him to the Presidency-David Fisher,Dan Abrams

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Look for Dan Abrams and David Fisher’s new book, Kennedy’s Avenger: Assassination, Conspiracy, and the Forgotten Trial of Jack Ruby.Instant New York Times bestseller!A Winner of the Barondess/Lincoln AwardA Washington Independent Review of Books Favorite Book of 2018A Suspense Magazine Best Book of 2018A Mental Floss Best Book of 2018A USA Today Top 10 Hot Book for Summer“Makes you feel as if you are watching a live camera riveted on a courtroom more than 150 years ago.” —Diane SawyerThe true story of Abraham Lincoln’s last murder trial, a case in which he had a deep personal involvement—and which played out in the nation’s newspapers as he began his presidential campaignAt the end of the summer of 1859, twenty-two-year-old Peachy Quinn Harrison went on trial for murder in Springfield, Illinois. Abraham Lincoln, who had been involved in more than three thousand cases—including more than twenty-five murder trials—during his two-decades-long career, was hired to defend him. This was to be his last great case as a lawyer.What normally would have been a local case took on momentous meaning. Lincoln’s debates with Senator Stephen Douglas the previous fall had gained him a national following, transforming the little-known, self-taught lawyer into a respected politician. He was being urged to make a dark-horse run for the presidency in 1860. Taking this case involved great risk. His reputation was untarnished, but should he lose this trial, should Harrison be convicted of murder, the spotlight now focused so brightly on him might be dimmed. He had won his most recent murder trial with a daring and dramatic maneuver that had become a local legend, but another had ended with his client dangling from the end of a rope.The case posed painful personal challenges for Lincoln. The murder victim had trained for the law in his office, and Lincoln had been his friend and his mentor. His accused killer, the young man Lincoln would defend, was the son of a close friend and loyal supporter. And to win this trial he would have to form an unholy allegiance with a longtime enemy, a revivalist preacher he had twice run against for political office—and who had bitterly slandered Lincoln as an “infidel…too lacking in faith” to be elected.Lincoln’s Last Trial captures the presidential hopeful’s dramatic courtroom confrontations in vivid detail as he fights for his client—but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, as in this case Lincoln fought a legal battle that remains incredibly relevant today.

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The authors give the reader a ring-side seat at the trial of The State of Illinois vs. "Peachy" Quinn Harrison. It was Abraham Lincoln's last major murder trial before his presidential election and it was a nail-biter! The trial was held in the Springfield State Court House in 1859. Lincoln had already shot into the public eye after his seven debates with Stephen Douglas the summer before. Lincoln knew both the victim and the murderer and chose to join the defense team. Was it a case of murder or self-defense?Lincoln became a lawyer in 1839. He was essentially self-taught and continued to read the law throughout his lifetime. He rode the Illinois Circuit Court for twenty years trying over 2000 cases of which two dozen were murder trials. Other cases Lincoln prosecuted are touched upon to give the reader a sense of his style and diligence to see justice served. A fellow lawyer and prosecution opponent in this very trial noted, "Well, you know Abe ...He could sell you a mule, convince you it's a stallion and have you end up thanking him for the bargain." On the other hand, a fellow circuit lawyer wrote, " He could compel a witness to tell the truth when he meant to lie. He could make a jury laugh and generally weep, at his pleasure....He understood, almost intuitively the jury, witnesses, parties and judges and how to best address, convince and influence them." Lincoln tried three cases before the Illinois Superior Court and one case before the US Supreme Court. Abe Lincoln and his peers were at the cutting edge of many new laws as the young nation was dealing with territories, new states and a trans-continental railroad.How are the particulars of this 1859 murder trial known? Lincoln hired a court stenographer, Robert Roberts Hitt, who using a gold-nibbed ink pen, transcribed verbatim the trial proceedings. Hitt telegraphed his notes back to a Chicago paper which published them. Miraculously, the original transcriptions were found tied with a ribbon in a shoebox in a Fresno, California garage in1989. For the lucky reader, the transcripts provide as spell-binding an account as if this trial were in the news today.
Lest any one think that Lincoln’s Last Trial is a true story, it is in fact, fiction, though historical in nature. The book is based on a transcript of the trial prepared by Robert R. Hitt, a court stenographer. However, the story of the trial in the book is told by Hitt, although Hitt did not leave any record of how he came to be at the trial or what he did or thought during the trial. That is made up by the author. So in that sense, the book is a fictional account of the trial. As the authors admits in the Forward, they often had to deduce what was said. They certainly had to deduce what Hitt said or thought as well as what the Lincoln and the other lawyers and the judge were thinking.This book is a regurgitation of the story of the trial of “People vs. Simeon “Peachy” Quinn Harrison” as written in Chapter 17 Prairie Defender: “ The Murder Trials of Abraham Lincoln” by George R Dekle Sr., a source that the authors acknowledge in the book’s bibliography. In my opinion, Dekle’s version is much more preferable than that of that in Lincoln’s Last Trial. I found Abram’s version somewhat boring, mainly because too much of the book is devoted to stories which had little or nothing to do with the trial. It took forever to get to the end. Dekle’s version is much less verbose and much more to the point than the Adams which digresses much too often.If a reader is more interested in Lincoln as a criminal lawyer, the reader will find Dekle’s book much more informative. And he tells it like it is and doesn’t guess at what happened.My personal interest in this book and books about Lincoln is that I found success as a trial lawyer by adopting the methods used by Lincoln. I have studied Lincoln extensively and had two college papers about Lincoln as a Politician and Lincoln and Slavery published. So I am always looking for anything that will cast additional light on Lincoln, particularly as a lawyer. I didn’t find anything in Lincoln’s Last Trial that provide any additional illumination.But there was one nugget that did not appear in Dekle’s version and that was the discussion of allowing a defendant to testify. The problem facing the defense lawyers was the rule of law at the time was that a defendant could not testify on his own behalf because such testimony was considered self-serving and therefore, untrustworthy. This presented a problem for the defense because if a defendant could only use force to defend himself if in his own mind, he felt his life was threatened. This presented a major problem for the defense because they had to prove that enough evidence was submitted to prove that Peachy felt so threatened as to justify using deadly force to defend himself without having him testify as to what was going through his mind. Much of the trial centered around this issue. Later the rule against defendants testifying was eliminated but it was the rule at the time of the trial.

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