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There
was an altercation at
the Matson
farm (near Oakland, Il) one day in 1847 where Matson's housekeeper
threatened
to have Jane Bryant, wife of overseer Anthony Bryant, shipped back to
Kentucky
and perhaps sold into slavery deeper in the South.
Jane Bryant suspected that the housekeeper was
capable
of carrying out her threat. Her husband arranged to have Jane and their
four
children sheltered by the friendly owner of a nearby inn, Gideon M.
Ashmore.
A local doctor, Hiram Rutherford, also took an
interest
in helping the Bryant's. Matson first tried to persuade Jane Bryant to
return
to his farm and then tried to get the courts to intervene on his
behalf.
He engaged Democratic attorney Usher F. Linder, who was a friend but
political
opponent of Mr. Lincoln. Linder was unsuccessful in getting a judge to
return
the escaped slaves, but the justice did order them kept in jail until
further
legal proceedings could decide their fate.
When a habeas corpus hearing initiated by the
Bryant's'
white allies was hearing in Circuit Court, Mr. Lincoln joined Linder on
Matson's
side, when Mr. Lincoln arrived in Charleston to conduct other legal
business.
[Lincoln hated slavery, but took on the case with Linder]
The time arrived for holding the Circuit court at
Charleston
and Lincoln came with the Judges. Linder secured Lincoln to assist in
prosecuting
Matson's case against Dr. Rutherford.
Dr. Rutherford, who knew Lincoln well, rode to the
county
seat to employ him in his defense. Their views on slavery were in
accord,
and besides his friends advised him to secure Lincoln his lawyer.
"I found him at the tavern sitting on the veranda,'
Rutherford
relates, 'his chair tilted back against one of the wooden pillars
entertaining
the bystanders and loungers gathered about the place with one of his
irresistible
and highly-flavored stories. My head was full of the impending lawsuit
and
I found it a great test of my patience to await the end of the chapter
then
in process of narration. Before he could begin another I interrupted
and
called him aside.
"I told in detail the story of my troubles, reminded
him
that we had always agreed on the questions of the day, and asked him to
represent
me at the trial of my case in court." But Lincoln hesitated. "He
listened
attentively," testifies Rutherford, "as I recited the facts leading up
to
the controversy with Matson but I noticed that a peculiarly troubled
look
came over his face now and then, his eyes appeared to be fixed in the
distance
beyond me and he shook his head several times as if debating with
himself
some question of grave import."
Lincoln replied 'with apparent reluctance,' that he
could
not defend him, "because he had already been counseled with in Matson's
interest
and was therefore under professional obligations to represent the
latter
unless released."
ABE LINCOLN was hired to be on the side of Matson,
the slaveholder.
Dr. Rutherford was angry and said things to Lincoln
in
a "bitter tone." Later in the legal proceedings, Lincoln was allowed to
leave
Matson's side, but it was too late. He couldn't take the side of
Dr.
Rutherford.
It was too late. The irate young Dr. Rutherford would now have nothing
more
to do with Lincoln and, instead, employed Charles H. Constable. So
Lincoln
agreed to appear for Matson as associate of Linder, Matson's original
attorney.
Would Matson be allowed to take his
slaves back
to Kentucky?
Slavery
was not allowed in Illinois. How would you rule in this case if
the
jury or the judge? For Abraham Lincoln and Matson's side, or for
Dr.
Rutherford and the African-Americans?
Complete the Court Form
and render your decision.
CLICK
HERE FOR A SCRIPT ON THE MATSON TRIAL |