ABRAHAM LINCOLN, Autograph Document, Pleas in People for the use of Delay v. Caughron et al., May 1850, Danville, Illinois
Attorney Abraham Lincoln Writes Lengthy Pleas While Working on the Eighth Judicial Circuit
Abraham Lincoln wrote this series of seven pleas for fellow attorney Joseph Peters to submit to the Vermilion County Circuit Court in May 1850. At the time, Vermilion County was one of the two easternmost counties in the Eighth Judicial Circuit, stretching from Lincoln’s home Sangamon County in the west to Vermilion and Edgar counties on the Indiana border in the east and encompassing fourteen counties. Twice each year, Lincoln, Judge David Davis, state’s attorney David B. Campbell, and sometimes other attorneys would travel from courthouse to courthouse around the circuit, working with and against local attorneys in a wide variety of cases.
This example of Abraham Lincoln’s work on the Eighth Judicial Circuit is lengthier than most, including approximately 491 words in Lincoln’s hand. Lincoln commonly worked with local attorneys, and this case was one of more than two dozen that Lincoln worked on with or against Joseph Peters in the Vermilion County Circuit Court. It was also one of more than fifty in which Lincoln and John H. Murphy worked together or opposed each other in the circuit courts of Vermilion, Edgar, Coles, and Champaign counties.
ABRAHAM LINCOLN, Autograph Document, Pleas in People for the use of Delay v. Caughron et al., May 1850, Danville, Illinois. 2 pp., 11¾ x 9¼ in.
Complete Transcript
Samuel Caughron }
Abram Long, and }
John Johnson }
ads.
The People of the State of Illinois suing for the use of Jacob Delay, guardian &c }
And the said defendants come and defend the wrong and injury, when, where &C and say plaintiffs actio non, because they say the supposed writing obligatory in the said declaration mentioned, is not their deed; and of this they put themselves upon the country &c.
Peters p.d.
[Joinder:] And the Plff doth the like
Murphy P.q.
And for plea in this behalf as to the first breach in said declaration assigned, said defendants say actio non, because they say, the said Samuel Caughron did make a true and perfect inventory of all and singular the goods and chattels, rights and credits which were of the said William Caughron deceased, and which came to the knowledge of the said Samuel Caughron, as such administrator; and did exhibit such inventory to the Probate Court, as he by law, was required to do; and this the said defendants are ready to verify; wherefore &c.
Peters p d.
And for plea in this behalf as to the second breach in said declaration assigned, said defendants say actio non because they says, the said Samuel Caughron, did well and truly administer all goods & chattels, rights and credits, which were of said deceased, according to law; and this they are ready to verify, wherefore &C.
Peters p d. <2>
And for plea, as to the third breach in said declaration assigned, said defendants say actio non because they say, there was not found remaining upon the account of the said administrator, after the payment of all just claims and debts against the estate of said deceased, any amount of money and property, of either, subject to distribution amongst the heirs at law of said deceased and of this, the defendants put themselves upon the country &C.
Peters p.d.
[Joinder:] And the Plff doth the like
Murphy P.q.
And for further plea to said breach, last mentioned, the defendants say actio non because they say, the said Jacob Delay did not tender to said administrator, a bond in manner and form, as is in said breach alledged, and of this they put themselves upon the country &c.
Peters p.d.
[Joinder:] And the Plff doth the like
Murphy P.q.
And for plea as to the fourth breach in said declaration assigned, said defendants say action non, because they say, the said Administrator, did make a settlement of his actings and doings, as such administrator with the court of Probate, as he was by law required to do; and this they are ready to verify, wherefore &C.
Peters p.d.
And for plea, as to the ^fifth^ breach in said declaration assigned, said defendants say action non, because they say, the said administrator on the day of A.D. and before the bringing of this suit, at the county aforesaid did pay to the said guardian the said sum of one thousand dollars; and this they are ready to verify; wherefore &C.
Peters p.d. <3>
[File Note:]
Caughron et al.
ads } Pleas.
People
Historical Background
William Caughron (1789-1846) died in Vermilion County, Illinois, without a will, early in October 1846. On October 19, Probate Justice of the Peace Norman D. Palmer appointed Caughron’s son, Samuel Caughron, as the administrator of his estate, and Joseph Lockhart, Abraham Long, and John Johnson served as sureties on Samuel Caughron’s $1,000 bond ensuring that he would faithfully administer the estate. The probate court also appointed Jacob Delay (1811-1855) as the guardian of the interests of George T. Caughron (1829-1900) and Sephronia Caughron, minor heirs of William Caughron.
In late April 1850, local attorney John H. Murphy filed a seven-page narratio (or declaration) alleging that Samuel Caughron had failed in his duties as administrator. Because Caughron’s bond was with the State of Illinois, Murphy entered the suit as the People of the State of Illinois, suing for the use of Jacob Delay, the guardian of George T. Caughron and Sephronia Caughron. The defendants in the suit were Samuel Caughron and his sureties, Abram Long and John Johnson. Joseph Lockhart had since died, though his surviving heirs were made defendants in the suit as well.
Samuel Caughron and the other defendants retained local attorney Joseph Peters and Abraham Lincoln and argued that Caughron had performed his duties as administrator. Lincoln wrote this series of seven pleas to address the various charges in Murphy’s narratio and, in each case, signed the name of Peters as the defendant’s attorney. The purpose of the pleading process was to bring the issues to a point where one side affirmed and the other side denied specific assertions. On three of the pleas, Murphy wrote “And the plaintiff doth the like” and signed his name, indicating the issues on which the case turned.
The parties waived a jury trial, and Judge David Davis heard the evidence and decided the case for the plaintiffs. He ordered Caughron and his sureties to pay $59.45 in damages and the plaintiffs’ costs ($4.95). The defendants paid the judgment on August 28, 1850.
Four years later, Lincoln represented Jacob Delay in a case brought against him by Charles R. Daniels for a $100 promissory note Delay had given to Daniels in 1849. Lincoln was no more successful in that case, as Judge David Davis ruled for Daniels.
Joseph Peters (1819-1866) was born in Ohio and moved to Vermilion County, Illinois, in 1833. He studied law with J. J. Brown of Danville, and in 1840 went to Springfield to gain admission to the bar. Abraham Lincoln examined him for admission to the bar. He moved to Marion County, Illinois, where he practiced law until 1845. In 1842, he married Henrietta Jane Blakely (1825-1881) in Marion County, and they had at least four children. He returned to Danville in 1845 and was a merchant and attorney there. He served as judge of the Vermilion County Probate Court from 1858 to 1863. During the Civil War, he served as quartermaster of the 135th Illinois Volunteer Infantry regiment. From 1862 to 1866, he represented the 9th district in the Illinois Senate as a Republican.
John H. Murphy (1807-1891) was born in Virginia and moved with his family to Edgar County, Illinois, in 1819. In 1827, he joined the law office of John J. Brown of Danville, Illinois. He married Cynthiana Alexander (d. 1840) in 1829, and they had four children. After his first wife died, he married Ada Pinson (1820-1891). He was admitted to the bar in 1833 and practiced law in Danville until 1853, the latter years as the partner of John Kavanaugh. From 1836 to 1840, he represented Vermilion County in the Illinois legislature as a Whig. In 1853, he moved to Alton, Illinois, where he lived and practiced law for twelve years. In 1865, he moved to Topeka, Kansas, where he served as a district judge for one term. In 1867, he moved to Springfield, Missouri, where he practiced law and served as city treasurer and recorder. He died one day after his second wife died in December 1891.
Samuel Caughron (1820-1901) was born in Kentucky and moved to Illinois with his family. In 1841, he married Sarah Hendricks (1818-1886), with whom he had at least seven children. He was a farmer in Vermilion County, Illinois. By 1865, he had moved to neighboring Ford County. After his first wife died, he married Suzannah Body (1821-1902) in 1896 in neighboring Iroquois County in eastern Illinois, where he lived until his death.
