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Cross Examination the Lincoln Way

 

I have always loved this scene from Young Mr. Lincoln (1939).  Few things are more enjoyable for a trial attorney than a cross examination that is tearing up the opposition case!  Of course in real life in the video above the prosecutor would be on his feet constantly objecting:  Argumentative!  Assumes facts not in evidence!  Mr. Lincoln is using a document that has not been admitted into evidence!  If Mr. Lincoln is going to testify let him be sworn in! Etc.  Of course this was done at a time when most judges tended to give a great deal of lee-way to counsel in their questioning of witnesses, especially in a frontier court and the jury might assume with frequent objections that the prosecutor was attempting to keep the truth from them and vote not guilty as a result.  In any case it is a great scene.

Adlai Stevenson, who would go on to be Vice-President of the United States, when he was young saw Lincoln in action in cross-examination: Continue Reading

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Video Clip Worth Watching: Lincoln Calms a Lynch Mob

Henry Fonda didn’t resemble Abraham Lincoln, but in his folksy mannerisms and stump speech oratory, he conjures up well the spirit of Lincoln the prairie lawyer in John Ford’s Young Mr. Lincoln (1939).   Fonda didn’t want to take the role at first, feeling himself inadequate to play the Great Emancipator.  Ford called him up, and in a profanity laced tirade told Fonda that he would not be portraying President Lincoln, but rather Lincoln as a wet behind the ears attorney.  Fonda took the role.

Four years later, Fonda would star in the great anti-lynching movie, The Ox Bow Incident (1943): Continue Reading