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Summary of Events
SETTING:
In 1858, William "Duff"
Armstrong was tried in the Circuit Court of Illinois, Cass County, Beardstown, for the murder of James Metzker on the night of August 29, 1857. James
Norris had already been convicted of a partner to Duff Armstrong, for the
murder. His conviction was for manslaughter. The State's star witness was
Charles Allen, who testified on direct examination that he had seen Armstrong
strike Metzker in the eye with a slingshot. According to one young lawyer
present in the courtroom, Lincoln sat with his head thrown back, his steady
gaze apparently fixed upon one spot of the blank ceiling, entirely oblivious
to what was happening around him, and without a single variation of feature
or noticeable movement of any muscle of his face. Finally, Lincoln stood and
began his cross-examination of Mr. Allen.
The setting for this play is in the courtroom with the lawyers,
jury, defendant and crowd sitting patiently waiting for Judge Davis to arrive
and take his seat. The crowd is very excited. Everyone is also excited
about getting to see and hear the very entertaining Abe Lincoln.
CHARACTERS: William “Duff” Armstrong; Hannah Armstrong (Duff’s
mother); Judge James Harriot; Charles Allen; Watkin (actual owner of the
slingshot); Dr. Charles Parker (defense witness); the Baliff; the 6 jury
members; William Walker and Abraham Lincoln, Duff’s defense lawyers; Cass
County Sheriff; Hugh Fullerton (prosecuting attorney); members of the
audience.
SPECIAL SET ITEMS: Farmer’s Almanac, slingshot and rocks,
Bible, gavel,
ACT ONE:
BALIFF: Here ye, Here ye, the 8th Circuit Court of Illinois is in session. Please rise, remain silent for the honorable Judge James Harriot.
(Judge Harriot walks in and takes his seat).
Judge Harriot: You may be seated. Mr. Baliff, would you tell
the jury and this court the nature of this case?
BALIFF: William "Duff" Armstrong is being tried in
the Circuit Court of Illinois for the murder of James Metzker on the night of
August 29, 1857. The prosecution is wanting a finding of Murder with the
death penalty.
JUDGE DAVIS: Mr. Fullerton, you may start your case.
Mr. Fullerton: Your honor and members of the jury. On the
night of May 27, 1857, about 10:00, this man (pointing to Duff Armstrong)
used a slingshot and killed James Metzger. We have witnesses that will
describe of the “meanness” of Duff Armstrong, and how he and his partner James
Norris terrorized and then murdered James Metzger. We have the weapon for
you to see and an eyewitness that actually “saw” under the bright full moon
the whole event. The people of Cass County needs to put Mr. Armstrong to
death, and stop these acts of violence for good. I would like to call my
first witness, Mr. Charles Allen. (Mr. Allen takes the witness chair).
BALIFF: (takes the big Bible, faces Mr. Allen and says) Mr.
Allen, do you solemnly swear to tell the whole truth, nothing but the truth,
so help you God?
Mr. Allen: I do.
Judge Harriot: You may be seated. Mr. Fullerton please begin
your questioning.
Mr. Fullerton: Mr. Allen, where were you on the night of May
27, 1857? What was it like that night: the weather and the moon?
Mr. Allen: I was on a trail heading toward town. The night was
very clear and cool. The moon was as full as it could be. It was straight
up toward the heavens, and lit everything up like the sun.
Mr. Fullerton: Mr. Allen, what did you see on the trail that
night? Tell us what happened.
Mr. Allen: Well, your honor I heard a rukus on down the trail.
I couldn’t tell what was going on, so I rode on down there to see. There was
Mr. Metzger riding on his horse while two men were beating on him. Mr.
Norris was hitting Metzger with a big stick on the head. Then Duff Armstrong
took his slingshot and shot a rock at Metzger striking him in the eye.
Metzger fell off the horse. He wasn’t moving. The two rough’ns ran off
laughing and yelling. I stayed back until they were gone then I checked over
poor Mr. Metzger. I thought he was dead. He wasn’t breathing or anything.
Those two boys killed Mr. Metzger. They need to be strung up.
Mr. Lincoln: (who was intently staring at the ceiling looking
at something) said “objection.” It is not up to Mr. Allen to judge and put
Duff Armstrong in the gallows.
Judge Hannah: Mr. Lincoln, you are correct. The objection is
supported.
Mr. Fullerton would call other witnesses against Duff Armstrong
telling of how he was terrorizing the neighborhood. Actually there were some
25 witnesses called. Mr. Allen was the most important witness, and Abraham
Lincoln would recall him later.
Mr. Fullerton: Your honor, I would like to introduce this
slingshot as the weapon Duff Armstrong used to bring Mr. Metzger’s life to an
end.
Judge Hannah: Very well, let the jury inspect it. (the baliff
hands the slingshot to the jury for inspection.
ACT TWO:
Abe Lincoln takes over. His first witness is Dr. Charles
Parker.
BALIFF: Dr. Charles Parker come forward. Put your hand on this
Bible. Do you solemnly swear to tell the truth, the whole truth and nothing
but the truth?
Dr. Parker: I do.
Judge Harriot: You may sit down. Continue Mr. Lincoln.
Mr. Lincoln: After examing Mr. Metzger, do you think that the
blows that Mr. Norris hit Mr. Metzger could have been the ones that probably
killed him?
Dr. Parker: Yes, I think those blows killed Mr. Metzer.
Mr. Lincoln: Thank you doctor. That is all
Mr. Lincoln: I would like to call Mr. Watkins.
Judge Hannah: Very well.
BALIFF: Mr. Watkins, come forward and put your hand on this
Bible. Do you solemnly swear that you will tell the truth, the whole truth
and nothing but the truth?
Mr. Watkins: I do.
Judge Hannah: You may sit down.
Mr. Lincoln: I have this slingshot in my hand. Do you
recognize it?
Mr. Watkins: Yes, and it has my carving marks. I made it and
it was mine.
Mr. Lincoln: Did you have possession of this slingshot the
night of May 29, 1857?
Mr. Watkins: Yes Mr. Lincoln. I had it until the next day, the
30th, when I decided to throw it away. I don’t know what happened
to it after I threw it away.
Mr. Lincoln: Your honor, with this testimony, I would like to
have this slingshot removed as evidence against Duff Armstrong.
Judge Hannah: Very well. The slingshot is not going to be
allowed as evidence. The jury will disregard it.
Mr. Lincoln: I would now like to call Mr. Charles Allen to the
stand.
Judge Hannah: Baliff, will you call Mr. Allen to the stand?
Remind him he is still under oath.
(Mr. Allen walks up to the witness chair and takes his seat)
Mr. Lincoln: So, Mr. Allen, you were present at the scene of a
crime on the evening of May 29th, 1857.
Mr. Allen: Yes. I saw a terrible murder.
Mr. Lincoln: Did you actually see the fight?
Mr. Allen: Yes.
Mr.
Lincoln: And you stood very near to them?
Mr.
Allen: No, it was one-hundred fifty feet or more.
Mr. Lincoln: In the open field?
Mr.
Allen: No, in the timber.
Mr.
Lincoln: What kind of timber
Mr.
Allen: Beech timber.
Mr. Lincoln: Leaves on it are rather thick in August?
Mr. Allen: It looks like it.
Mr. Lincoln: What time did all this take place?
Mr. Allen: Eleven o'clock at night.
Mr. Lincoln: Did you have a candle there?
Mr. Allen: No, what would I want a candle for?
Mr. Lincoln: How could you see from a distance of one-hundred fifty
feet or more without a candle, at eleven o'clock at night?
Mr.
Allen: The moon was shining real bright.
Mr. Lincoln: Full moon?
Mr. Allen: Yes, a full moon.
(At this point in the trial, Lincoln withdrew a blue-covered almanac from his
back
pocket, opened it slowly to the astronomy table for the night in
question and placed it before the witness. Lincoln then continued with his
cross-examination ... )
Mr. Lincoln: Does not the almanac say that on August 29th the moon was
barely
past
the first quarter instead of being full?
Mr.
Allen: (No audible answer from the witness)
Mr.
Lincoln: Does not the almanac also say that the moon had disappeared by
eleven o'clock?
Mr.
Allen: (No audible answer from the witness)
Mr. Lincoln: Is it not a fact that it was too dark to see anything from
so far away, let- alone one-hundred fifty feet?
Mr. Allen: (did not answer this question)
Mr. Lincoln: Your honor, the defense has proven that Mr. Allen’s
testimony is a lie. He could not have witnessed anything with his eyes the
night of May 29th. The Almanac proves that it was pitch dark. I
would like for charges against Mr. Duff Armstrong be dropped.
Judge Hannah: You are right Mr. Lincoln . It is deplorable
that Mr. Allen would make up such a story. The charges are dropped against
your client, Mr. Duff Armstrong without predjudice. THIS CASE IS
DROPPED. (The judge then strikes his gavel loudly).
AUDIENCE AND Mr. Duff’s mother cheers and hugs. Mrs. Armstrong
gives her old friend Abraham Lincoln a big hug. Duff Armstrong is now free.
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