wn fault that she entered wrong, so far wrong that she never
got right? Is the defence to blame for that?
"For several days we were entertained with depositions about boats
'smelling a bar.' Why did the Afton then, after she had come up smelling
so close to the long pier sheer off so strangely. When she got to the
centre of the very nose she was smelling she seemed suddenly to have lost
her sense of smell and to have flanked over to the short pier."
Mr. Lincoln said there was no practicability in the project of building
a tunnel under the river, for there "is not a tunnel that is a successful
project in this world. A suspension bridge cannot be built so high but
that the chimneys of the boats will grow up till they cannot pass. The
steamboat men will take pains to make them grow. The cars of a railroad
cannot without immense expense rise high enough to get even with a
suspension bridge or go low enough to get through a tunnel; such expense
is unreasonable.
"The plaintiffs have to establish that the bridge is a material
obstruction and that they have managed their boat with reasonable care and
skill. As to the last point high winds have nothing to do with it, for it
was not a windy day. They must show due skill and care. Difficulties going
down stream will not do, for they were going up stream. Difficulties
with barges in tow have nothing to do with the accident, for they had no
barge." Mr. Lincoln said he had much more to say, many things he could
suggest to the jury, but he wished to close to save time.
TO JESSE K. DUBOIS.
DEAR DUBOIS:
BLOOMINGTON, Dec. 19, 1857.
J. M. Douglas of the I. C. R. R. Co. is here and will carry this letter.
He says they have a large sum (near $90,000) which they will pay into the
treasury now, if they have an assurance that they shall not be sued
before Jan., 1859--otherwise not. I really wish you could consent to this.
Douglas says they cannot pay more, and I believe him.
I do not write this as a lawyer seeking an advantage for a client; but
only as a friend, only urging you to do what I think I would do if I were
in your situation. I mean this as private and confidential only, but I
feel a good deal of anxiety about it.
Yours as ever,
A. LINCOLN.
TO JOSEPH GILLESPIE.
SPRINGFIELD, Jan. 19, 1858.
MY DEAR SIR: This morning Col. McClernand showed me a petition for a
mandamus against the Secretary of State to compel him to certify the
apportionment act
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