In this gripping episode of Mystery Theater, hosted by EG Marshall, we delve into the complexities of justice and morality with the story "It's Murder, Mister Lincoln," written by Sam Dann. Set in 1837 Springfield, Illinois, the narrative follows a young Abraham Lincoln, who has just opened his law office and is faced with defending Franklin Jones, a man accused of murdering the well-liked Cyrus Darrow. As Lincoln navigates the intricacies of the case, he uncovers a web of deceit and financial desperation, revealing the darker side of human nature and the challenges of upholding justice.
Through a series of intense dialogues and unexpected revelations, the episode explores themes of integrity, truth, and the burdens of judgment. With a cast led by Keir Dullei, the story unfolds with suspense and moral ambiguity, challenging listeners to consider the complexities of guilt and innocence. As Lincoln fights to prove his client's innocence, the episode raises poignant questions about the nature of justice and the human condition, leaving the audience in suspense until the very end.
(00:00) Introduction to Mystery Theater
(02:04) The Panic of 1837 and Abe Lincoln's New Career
(07:01) A Murder in Springfield
(14:42) Abe Lincoln Takes the Case
(21:00) Investigating the Murder Scene
(28:20) The Psychology of the Case
(37:01) The Real Culprit Revealed
(42:10) Conclusion and Reflections on Lincoln's Legacy
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Unknown:
And now, mystery theater.
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Come in.
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Welcome. I'm EG Marshall, and we're doing business as usual, featuring our full assortment of the mysterious and the bizarre. Ipsos custodes? Who shall guard the guards? Or, to take it a step higher, who shall judge the judges? This was a problem that plagued the ancient Romans, and obviously it remains with us to this very day. And actually, the act of judging is a highly hazardous affair because the book warns us, judge not, lest ye be judged. And so between the necessity to judge and the admonition not to do it, we human beings are in a constant state of doubt, which is not the worst thing in the world. Hold. Hold on there.
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What you want?
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What are you doing with that pistol? That's hardly your affair, mister Lincoln. A man prowling about at night holding a loaded pistol is certainly an object of curiosity. Only to those that don't mind their own affairs. I consider the safety of the community to be very much my affair, mister Barnes. You oblige me by handing over that pistol. And you oblige me by
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going about your own business, mister Lincoln. I'm afraid I'll have to take that pistol. I'd advise you not to try it. Hand it over, sir. I warn you. Not another step.
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Our mystery drama, It's Murder, Mister Lincoln, was written especially for the mystery theater by Sam Dann and stars Keir Dullei. When conditions are bad, we Americans always spend a great deal of energy, not in finding a solution to the problem, but rather in deciding what to call it. Is it a depression? Is it a recession? Back in 1837, they called it a panic. So you see, we have made progress. 1837 was certainly a year to tighten one's belt. Definitely, it was not a favorable year to embark upon a new career. And a young man named Abraham Lincoln is discovering this the hard way. He has just settled in Springfield, Illinois, where he has opened a law office.
Abe Lincoln sits in his law office and waits for clients. This afternoon, as usual, he is sitting and waiting. And although he is completely unaware of it, a case is being created for him just down the street in Thelmaan's Tavern.
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Now what I wanna know is, what's the point in having Martin Van Buren sitting in the White House? Why, we might just as well have Andy Jackson.
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Oh, well, Tom,
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Andy's old and sick. Why is half dead? Well, better an Andy Jackson was half dead than a Martin Van Buren who's all alive. Uh-huh. He he he is. It's a good one. Yeah.
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He sure is. I have to remember that one. I, good afternoon, gentlemen. Good afternoon.
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You wanna hear a good one, sir? I was just saying to this gentleman here, mister E from Barnes, I was saying, better a half dead Jackson than an all alive Van Buren. Isn't that what I said Hebrew? Something like that. Are you Tom Feldman? Yeah. Yeah. In the flesh. I'd like a room. Cost you a dollar Alright. In advance. Owe no man anything, it just says in Corinthians. Or is it,
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tax? Oh, here's your dollar. Thank you. Drink? No. Not for me. Thanks. It comes to the price of the room. I never drink while there's work to be done.
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Well, what's your name, stranger? You know mine. I'm Tom Feldman, and this gentleman here is he from Barnes. He runs a bank. Oh, glad to meet you, mister,
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Jones. Franklin Jones. What's the business, mister Jones? I assure you, First National Farmers and Merchants Bank of Springfield
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is very much at your service. Oh, thank you, mister Barnes. I'll I'll keep that in mind. Could either of you gentlemen tell me where I might find a mister Cyrus Darrow? Cyrus Darrow?
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He's got a farm. Big place it is too. Just just north of here. You just follow the road right out of town.
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Me, we inquire your business with mister Darrow, sir. Well, that depends on mister Darrow.
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Well, that's that's playing the cards close to the vest. Bread eaten in secret is the sweetest as it says in Proverbs.
[00:05:18] Unknown:
Where's that in Leviticus? There's nothing secret about my business with mister Darrow. He swindled me out of some money. Now he's either gonna pay it back or,
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I intend to blow his head off. Now well, now, mister Jones, there's no need for that. If you have proof,
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you can take him to court. Well, I don't have proof. So I'll just have to do it my way. I've come here to get what's mine by rights. And I have the instrument with which to secure it.
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Well, that's a that's a wicked looking weapon you got there, sir. I fought in Florida
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in the Seminole War. This pistol was first and last fired in the service of my country. I earned the right to use it in my own behalf. Now, sir,
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you cannot flout the law. Yes, indeedy.
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The law is sitting right here by your side.
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In me, you see the sheriff, and mister Barnes is the judge for this term. Well, gentlemen, all I can say is that if a man don't get no justice, he will have to make his own.
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My room, sir?
[00:06:19] Unknown:
Up the stairs. First door to your right. Supper's at 05:00. That young fella bears a bit of watching. Yeah. I pity him if he goes up against old man Daryl. Sars will just chew him up and spit him out. Wicked looking pistol, that. You know, I'm not a wagering man, Ephraim, but if I was, I'd lay my money on Cyrus Darryl. Poor fella. Seems kinda young to die after surviving an Indian war and all.
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Who are the devil's names out there this time of night? What's your business with me? Go on home. Got a bone to pick with Shires now. You come around in the in the daylight time, like honest respectable folk. Alright. Alright. Alright. Don't bust her down. I'm coming. I'm coming. Oh, well, so it's you. Come whining around to see if I'll leave you off the hook. Well, you can hang there and squirm till I'm good and ready. Think that pistol can scare me? You ain't man enough to come on now. Hand it over before I make it chew it up. Oh, oh, you yellow bellied.
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What? Who's there? The sheriff. Sheriff. Sheriff? That's right. Open up in the name of the Lord. Alright. Alright. Alright. Oh, hi, mister Feldman. Oh, mister Feldman, the tavern keeper. No, sir. It's mister Feldman, the sheriff. You'll have to come along with me some. What for? What for? Mister Jones, it looks like you did what you came here to do. What's that?
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Kill Cyrus Darrow. Kill Cyrus Darrow? But I didn't.
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He's dead, son. Big hole in his forehead caused by the forcible entry of a pistol ball. There there must be some mistake. No, sir. There's no mistake.
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This here, this your pistol? Of course, it's my pistol. It was found 50 yards away from Cyrus' house. No. You couldn't have found it 50 yards away because Because? Well, be it can't be my pistol. I I remember. I put it back in my bag. Yes? Yeah. Hey.
[00:08:53] Unknown:
Hey. It isn't here. Of course not. How could it be in that bag and in my hand at one the same time? I I never I did Mister Jones, a sheriff of Springfield County, I hereby arrest you for the murder of Cyrus Darryl. What? And may the Lord have mercy on your soul. What are you saying? Well, that's right. That's right. I shouldn't say that just yet. After all, you ain't been tried, but you'll get a fair trial before they hang you.
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I don't know what to say, Franklin.
[00:09:23] Unknown:
I don't know what to say. I didn't kill him, Emily. I didn't. Franklin, everyone said I don't care what everyone says. You just gotta believe in me. Why did you have to come here with a pistol?
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Why did you have to threaten him in public? Why did you Why? Why? Why?
[00:09:39] Unknown:
Because I'm stupid. That's why. Oh, Franklin. I'm sorry. I guess I really am in the soup this time. He
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this man, Cyrus Darrow, was very well liked. And the evidence against you, it's so strong. Evidence? What evidence? What evidence? Oh, Franklin. Your threats to kill him. The piss I swear to you, ma'am. I believe you, darling,
[00:10:02] Unknown:
but there's gonna be a trial. I'll make them believe me. I'll make everyone believe me. You'll need a lawyer. Yeah. Well, I'll hire a lawyer. And, I Yeah. What is it, dear? A lawyer. Yeah. Well, that's just what I said, my darling. I'll hire a lawyer. Dear, there are no lawyers. No lawyers here in Springfield, the state capital? Why, in a place like this, there there are nothing but lawyers. I've been asking around, and I've gotten answers.
[00:10:29] Unknown:
One fella says, sorry, ma'am. I just couldn't take on another case. And meanwhile, he's got his feet on the desk, and I can see the holes in his shoes. And then another fella says, I never did try a murder case. What is it? There isn't nobody in this town doing 15¢ worth of business, and they say each of them say to me, sorry, miss Jones. I just can't see my way clear.
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Why won't they take my case? Well, it
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Is it because they don't think they can win? Emily, that should make no difference. Law says every man's entitled to a lawyer. I know.
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But what the law really means, every man's entitled to a lawyer provided he can get one.
[00:11:15] Unknown:
Yes, ma'am?
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Are you judge Barnes?
[00:11:20] Unknown:
Well, here in the bank this week, I'm mister Barnes. I don't start being Judge Barnes till next week. And, whom do I have the pleasure of addressing? My name is Jones. Emily Jones.
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Missus Franklin Jones.
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Oh.
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Judge, my husband can't find himself a lawyer.
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Surely, miss Barnes and all of Springfield, there must be somebody who,
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who mind ruining his reputation?
[00:11:51] Unknown:
Well, miss Bynes,
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lawyers don't see things that way at all. Then how does it happen no lawyer's willing to defend my husband?
[00:11:59] Unknown:
Well, it is a busy time. How busy?
[00:12:03] Unknown:
Look at your bank. Ain't a soul in here except you and me. Yeah. Well, Well, what, sir? People going broke left and right, nothing being brought in or sold, no contracts to draw up. What are all these lawyers doing?
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Well, I'm sure if if you look around I looked.
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I looked everywhere, and everybody's turned me down. Everybody? Everybody.
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Have, have you spoken to a man named Lincoln? Abe Lincoln?
[00:12:38] Unknown:
Abe Lincoln? No. The names ain't familiar.
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Oh, I should give Abe a try. He's the kind of lawyer to take any case he can get.
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Well, I must say, judge, that don't sound like a very enthusiastic recommendation.
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Well, ma'am, it's the only recommendation I can give you.
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Yes, ma'am?
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Will you please tell mister Abe Lincoln I'm here? There's no need to do that, ma'am.
[00:13:16] Unknown:
You've already done so.
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You? You or Abe Lincoln?
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Pleased guilty, ma'am. Now to whom do I have the pleasure of But you don't. I know I don't look like a lawyer. Well, the fact is I don't look very much of anything else either. Well, Won't you have a seat, ma'am? Now I
[00:13:41] Unknown:
I, my name is Emily Jones. My husband, Franklin Were you named after Ben Franklin? Yes, sir. I believe so. A great man. Yes, sir. He he, my husband, is gonna be tried for murder. Yes. I know. And I need a lawyer.
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Well, you've come to the right place.
[00:14:02] Unknown:
You mean you're willing to defend him? I'm ready, ma'am. Well, that may be, but I've gotta ask you about your qualifications. How many murder cases have you tried?
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How many? To be exact, ma'am, none. None? Miss Jones, a fella has to start someplace. Well, but not with my husband. Well, I do have one qualification. Matter of fact, it, could turn out to be the most important qualification of all. What's that? I'm the only lawyer in town willing to take the case.
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Didn't Longfellow say lives of great men all remind us. We can make our own sublime. And departing, leave behind us footprints on the sands of time. Yes. He did. However, what we should realize about the lives of great men is the fact that most of them weren't always great. Can you imagine being unhappy to have Abraham Lincoln as your lawyer? I'll return shortly
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with
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Act
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Two.
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His name is Franklin Jones. Right now he is in the jailhouse in Springfield, Illinois in the early autumn of the year '18 '30 '7. He is accused of murder. His prospects are bleak. The betting is better than 10 to one. He'll feel a rope around his neck before the month is out. The odds have not been lowered by the fact that his lawyer is a young man named Abe Lincoln.
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And who was in the tavern when you came in?
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Mister Feldman, mister Barnes. No one else? Nope. No one else. I asked if if if they knew where I could find mister Cyrus Darrow, and they asked why, and I told them. Couldn't you tell them that it was your own affair? Well, I didn't. Oh, you always have to be bragging about something no matter how many times I tell them. Please, Emily.
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Mister Lincoln here ain't interested in our personal business. Oh, but I am. You are? Why? Because you never can tell what might be important.
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All that's important is to keep the rope away from Franklin's neck. Well, that's exactly what we're trying to do, miss Jones. Now,
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Frank, you, came here night before last from Valley Junction. That's right. We just started farming. Miss Jones, I'd appreciate it if we'd let Frank answer. Well, I can give you the facts fast and clear. I know, ma'am. But, well, Frank's gonna need practice. He'll be the one that has to answer at the trial. So, Frank, you came here the other night. You, engaged a room. You stated your business to mister Feldman and to mister Barnes. Like a fool. Hey. Yes, sir. That's right. And you, showed them the pistol.
[00:17:00] Unknown:
Why? Well, the pistol was a present to my dad from general William Henry Harrison. Dad was with Harrison at the Tippecanoe. You see? He wanted to brag about it. Mister Feldman and mister Barnes, well, they weren't easy fellas to talk to. You know what I mean? I know what you mean, Frank. So I I just went upstairs to my room, and I went to bed figuring I'd see Cyrus Darrow first thing in the morning. And, Well, the next thing I knew, there was a knock on the door, and it's the sheriff.
[00:17:27] Unknown:
I'm being arrested for murder. And at no time during the night did you arise from your bed and go forth to mister Darrow's place and shoot him? I did not shoot him. I was asleep in my room. Well, we have to make that defense stand up. You sound like you don't believe him. Oh, I believe him. I'm not the problem. You've got a judge and a jury to consider. And Frank, the pistol,
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where was it? In the bag.
[00:17:52] Unknown:
You placed it in the bag before he went to sleep? Yes, sir. Well, how did it get to where it was found in the field? 50 yards from mister Darrow's door. I don't know. Well, the prosecution will say that you went there, shot side Darrow, fled from the scene, and in your guilty terror and confusion, you dropped the gun. Well, I couldn't have dropped the gun when I wasn't even carrying it to to start with. I wasn't there. Well, then we must claim that someone came into this room while you were asleep and stole that pistol. Yeah. Well, that's the only way it could have happened. You, were conscious of no one? Oh, I was asleep. Tell me this. What was your business with mister Darrow? Why do you wanna know? Frank.
Is that important? It's the first question the prosecutor will ask. I should know.
[00:18:37] Unknown:
Oh, that was before he was killed. Frank. Well, I enlisted in 1829. '18 '30. Oh, '18. Yeah. That's right. And and I served in Georgia and Florida. And and when I wanted to marry Emily, well, you don't get married on sergeant's pay. Well, not to me. You don't. Anyway, there was this fella in the company. First platoon he was. Funny little fella, fat and baldy, you know, but smart. He he was a Frenchman or a German or something like that. He he spoke funny. You know, the army's full of all kinds of foreigners. Well, they had to run here because they're having all kinds of revolutions in Europe. Will you get to the point? Now why should mister Lincoln care beans about them revolutions in Europe? Yeah. Well well, he his name was Fuller, and he knew all about plants and flowers, you know. And and he said, Jonesy, some of these varieties could grow very well up north if
[00:19:34] Unknown:
yeah.
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If what? Yeah. Well, I I never did find out. You see, he and I were going into business, and we collected boxes and boxes of various seeds. And and we was gonna sell them to farmers up this way, where I was well known, That is, I knew some people. And since Cyrus Darrow was one of the biggest farmers in this part, well, we wrote to him. And he wrote back offering to buy a special kind of feed glass. Yeah. We sent him $30 worth and and he never did pay up. So we wrote, and we asked him for our money. And he sent back an answer saying he'd be hanged if he'd pay a cent for some sticky Georgia thistles. What was that man talking about anyway? Well, I I I don't know. I could've made a mistake and not cleaned out the seed like Fuller said you had to do. Well,
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he invited me to come up and look at his brand new thistle patch and also give him the opportunity to wring my neck at one and the same time. And I said, Frank, you go up there and you get your money. What? Did I know he was gonna take a gun? And in no time then did you visit Darryl's farm? No, sir. He did not. He was nowhere near that place. Frank? No, sir.
[00:20:39] Unknown:
As far as you know, it could that is, the seed you sold him could very well have been thistle or burrs or whatever. Well, supposing they was.
[00:20:49] Unknown:
What does this have to do with the killing of Cyrus Darrow? You weren't up there, Frank? Well, I said I wasn't.
[00:20:55] Unknown:
Well, I better be getting along. Where are you off to? I think I'll ride up to Darryl Fawn. Whatever for? I might learn something. What's to learn? A man's been murdered. We know that. Well, I might find some evidence. What kind? I have no idea, but I have to look.
[00:21:11] Unknown:
You mean you're gonna look for something and you don't know what?
[00:21:15] Unknown:
Yes. I suppose you could put it that way. What was that, miss Jones?
[00:21:20] Unknown:
Nothing. Just
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hello, Reed. How are you, Tom? Fine. What's down?
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Doing anything?
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Well, I'm about to take a run up to Darrow Farm. Maybe some evidence.
[00:21:41] Unknown:
Mhmm. Yeah. Evidence. Evidence of things not seen as it says in Leviticus. Hebrews. Yeah. Yeah.
[00:21:52] Unknown:
Leaving soon? I'd like to get back before supper.
[00:21:56] Unknown:
You've,
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you've taken the Jones case. Yep. I was retained this morning.
[00:22:02] Unknown:
Well, you'd be think that's wise?
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Wise?
[00:22:06] Unknown:
I'm a lawyer. What do you have to what do you have to think of your career? You know, you gotta lose that case. It's plain as a cabbage on a rose bush. The boy's guilty. Isn't that why we're having a trial? Oh, we're having a trial because the law says he's gotta get one. But you know what the verdict's gonna be.
[00:22:24] Unknown:
Tom, I'm surprised at you. No. No.
[00:22:27] Unknown:
You're you're the surprising one. Now look, you can't win. If you lose, you look bad because you're a loser. And if by some miracle yeah. Yeah. You could have a miracle because as Milton says, the age of miracles is forever here. That was Carlisle. Carlisle. Well, anyhow, if by a miracle you win, well, folks will resent it. Why? Well, the boys are obviously guilty. People want them to hang. Look, Eve. I'm thinking of your future. My future? Yeah. You could have a great future in politics. I've seen you operate. Why was you single handed, got the state capital, and moved up here from Vandalia? Oh, no. That's not really true. It is. It is.
Abe, you you could go far. Oh, no. No. No. Not not not me. Now why do you say no?
[00:23:19] Unknown:
Well, I just don't look like a politician.
[00:23:22] Unknown:
There's no no special way a politician's supposed to look. Yeah. It isn't so. He's gotta look kinda
[00:23:29] Unknown:
solidly dignified like Daniel Webster, sharp and smart like Clay or Calhoun, or shrewd like Tom Benton, or even jolly like Steve Douglas. But he he can't well, he he can't afford to be funny looking like me. Well,
[00:23:44] Unknown:
I I wouldn't say you as all that funny looking, Abe. I'm too tall, too thin, and too bony and gawky. But you got all the brains.
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Brains alone was never enough.
[00:23:55] Unknown:
Abe. Abe, is there some way you could get out of trying this case? Now I mean it for your own good. Cy Darrow was well liked. I wouldn't get out even if I could, Don. Cy was very well liked, and folks are mad to think about that. There's nothing to think about. Well, just thought I'd paint you a picture. After all, as William Shakespeare said, forewarned is forearmed.
[00:24:19] Unknown:
No. That was Miguel Cervantes. Wow. Hello there, Abe. Good day, mister Bennett. What brings you out here, Abe? Oh, I thought I'd come out here and look. For what? Oh, for anything I could find. I saw someone moving around in the house turns out to be you.
[00:24:48] Unknown:
Well, I was his lawyer. I'm just getting his papers put together. Well, come in. Come in. Look around if you like. Thank you, mister Bennett. Right here in the doorway is where he fell. I found the body, you know, in the morning. I'd come by to go over some contracts. There he was,
[00:25:11] Unknown:
dead. You going through his papers?
[00:25:14] Unknown:
Mhmm. I'm trying to. Mhmm. Anything missing? Well, Abe, either stuff is missing or he hid them away somewhere. What what do you mean? I mean, he didn't tell his lawyer everything. No client ever does. You're gonna find that out. Well, what would seem to be missing? Haven't had a chance to go through it all, but I know for a fact he's been lending out money all over town. The way things are with the banks and all, he was the only one with hard cash. Yes. I heard.
[00:25:46] Unknown:
You could say there were plenty of folks who might have had a motive, mister Bennett. Yeah. You could say that, Abe.
[00:25:52] Unknown:
But I think your man's gonna pay the bill. But he told me he never even came up here. Now I know, Abe. But when you've had as many clients as I have, you learn how easily they can lie to him. It's hard to believe this boy isn't telling me the truth. I have. That's what makes this so dang difficult. Maybe he thinks he's telling you the truth. Hey. You're in trouble on this case.
[00:26:18] Unknown:
Admit it. I never denied
[00:26:21] Unknown:
it. Let's step outside, Abe. Before. We might find a way out of this problem. Now, Abe, just off to your left leading to the road, there's a full acre, and it's planted in what?
[00:26:41] Unknown:
Now hold on, mister Bennett. That's a wild field. No. Oh, that's a planted field, But who who'd wanna plant all those weeds and burrs and thistles?
[00:26:51] Unknown:
They come from the seeds my client bought from your client.
[00:26:56] Unknown:
That's hard to believe.
[00:26:58] Unknown:
Why Let's say your client's a sharper, or he made an honest mistake. Don't matter. But he made my client mad. My old sigh was ready to kill that boy on-site. You get my point?
[00:27:14] Unknown:
Mister Bennett, I think I do.
[00:27:17] Unknown:
Now taking it straight from there, you begin to see a new line of approach in the case.
[00:27:25] Unknown:
Mister Bennett, let me tell you, sir, I am eternally in your debt. So think, I had just considered this case was hopeless.
[00:27:34] Unknown:
Hey. When everything looks hopeless, that's the time you really start to hope.
[00:27:46] Unknown:
And, of course, that was a lesson that Abe Lincoln never forgot. Certainly, in the years to come, he would be faced with more apparently hopeless situations than almost any other president. But our concern is with the case in hand. And what is the light that has suddenly dawned? Well, that will all be made visible when I return in just a few moments with Act three. It is always surprising to consider that what we call psychology is a science of recent vintage. We speak so easily of things like, the split personality, the other self, the protective falsehood without realizing that these terms would be unintelligible to people who lived even a hundred years ago. But although our forebears did not know these things intellectually, they could understand their implications.
After all, Sigmund Freud was only 10 years old when Abe Lincoln died, yet Lincoln already sensed a great deal of what Freud was to discover.
[00:28:59] Unknown:
No, mister Lincoln. He don't lie to me. That's one thing he don't do. He don't lie to me. Emily,
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maybe he has no choice. What do you mean? Well, maybe maybe he's afraid he'd lose you if you knew he was a murderer. What would you do if he confessed?
[00:29:16] Unknown:
What would I do?
[00:29:18] Unknown:
Would you leave him?
[00:29:19] Unknown:
Well, I You see? Oh, I'd raise up a storm, I guess. I I'd holler and rip, but afterward,
[00:29:28] Unknown:
well, I'd stand by him. Oh, then you must convince him of that.
[00:29:32] Unknown:
But will it save him?
[00:29:34] Unknown:
At least it's a defense. I could plead it. This way, all I'm doing is begging the mercy of the court. But will it work? Self defense always gives a man a chance. How much of a chance? Well, I'm a lawyer, Emily. I'm not a prophet. But, we can get witnesses to prove that Siderra was furious with Franklin. But why? Because Franklin had sold him nothing but weeds. How do you know? I was up there, Emily. I saw them. A strange kind of growth for this part of the country. Brambles and burrs and weeds. It really wasn't Frank's fault, mister Lincoln. He he just doesn't know. But Cyrus Darrow was boiling mad. Now, oddly enough, this could create some sympathy for Franklin. How?
They'll all think Frank was a swindler. Well, maybe not a swindler, more of a sharper. Oh, what's the difference? Well, Emily, you have to know these old horse traders up here. They they might even admire them. Why? Because he's done something nobody else is ever able to bring off. What's that? He got the better of Saidero in the deal. He went up to seaside, a brazen it out, being careful, of course, to bring his pistol. The fact that the pistol was given to him by general Harrison over either. Well, then you think we've got a chance? Yes, Emily. I would say that what with one thing and another, we've got a fighting chance.
[00:30:57] Unknown:
No. No? What do you mean no? You heard, Emily. I said no. What mister Lincoln just explained? I know what mister Lincoln just explained. Don't you understand? Plead
[00:31:08] Unknown:
self defense, you're sure to hang. Well, I ain't gonna do it. Why? I told you once. I told you a thousand times. I wasn't there. But, sir? I didn't kill him. I give up. What can you do with him, mister Lincoln? Mister Lincoln, would you want me to get up there on that stand and tell a lie? Is it a lie, Franklin? You mean you didn't kill Said Darrow in self defense? Here's a hole to be in. A man's wife won't believe him. His lawyer won't believe him. Frank, we all know Franklin,
[00:31:34] Unknown:
I can only plead the defense my client gives me.
[00:31:37] Unknown:
Since I wasn't at the scene of the crime when the murder took place, I don't know what happened. Well, I don't know neither. I wasn't there myself. I was asleep in bed in my room at Feldman's Tavern. But, Franklin, nobody's gonna believe that. Well, ain't that what I got a lawyer for so we can make folks believe me? Or is this case too tough for you, mister Lincoln? Well, it's tough enough. Hey. Did you find anything up there at Darrow's place?
[00:31:59] Unknown:
How'd you know I was up there? Well, look at your pants.
[00:32:03] Unknown:
Oh oh, yeah. Yeah. Them little burrs. Almost too small to see unless you're looking for them. Yes, sir. You'll be picking them off your pants legs for weeks. I thought I'd gotten rid of most of them. No, sir. They're hidden where you can't even see them. And some of the seeds, why why, they'll even germinate on the clothes, seems like. You better boil those hands. Oh, well, thank you. I guess Darryl was right, Emily. We did sell them weeds. I didn't mean to, mister Lincoln. It's just that Corporal Fulda would have known what to do. He said you have to wash the seed in something called, alkaline.
I don't even know what it is.
[00:32:40] Unknown:
What are you gonna do now, mister Lincoln? Tell me. Who else was in the tavern when you came in? Well, I told you. Just mister Feldman and mister Barnes. Nobody else? Oh, sir. You posited? I'll swear to it. Well, do you know anyone in the town? No, sir. Not a single solitary soul. Why do you ask? Well, Emily, it's about time I started asking questions. But you've been asking questions all along? No. Not the right questions, and I haven't been asking the right people either.
[00:33:10] Unknown:
Well, Well, Abe, I can only tell you the boy insists on having a rope put around his neck. He refuses to plead self defense. In my opinion, he'd rather die having his wife think he's not a murderer.
[00:33:23] Unknown:
I believe him. Can be a dangerous business when you start believing clients. It can even be a more dangerous business when you don't.
[00:33:33] Unknown:
What can I do for you?
[00:33:35] Unknown:
You've been through all the size papers yet? All I was able to turn up? Would either Tom Feldman or Ephraim Barnes have owed him money?
[00:33:44] Unknown:
Well, now, Abe, this is a lawyer client relationship. You asking me to break it?
[00:33:53] Unknown:
Well, the client's dead, mister Bennett. And I'm not asking out of idle curiosity.
[00:33:59] Unknown:
Yes. He did have a mortgage on Feldman's.
[00:34:03] Unknown:
I thought Tom Feldman owned the place free and clear. It's been a moneymaker for years. Don't you know there's been a panic on them? I mean, a nickels worth of cash to be had. Why would Tom Feldman go to Said Darrow when he could get money at bank rates from his good friend, Ethan Barnes? Banks don't have it either, Abe. Did you find any papers for either Tom or Ephraim?
[00:34:25] Unknown:
What are you trying to say, Abe? I'm just asking, mister Bennett. To answer your question, no. There was no papers for either one of them. And, yeah, they both owed him money. I'm reasonably sure of it, Abe.
[00:34:42] Unknown:
Well, thank you, mister Bennett. Good afternoon, gentlemen. Well, Eve.
[00:34:54] Unknown:
Afternoon, Eve. Have a drink. How's the law business coming? Slow. Hell, Slow but sure moves mighty mountains. Aristotle. Euripides. Ephraim, I swear one day I'm I'm gonna catch you. Gentlemen,
[00:35:10] Unknown:
we have some business to discuss.
[00:35:12] Unknown:
They discuss business at my office only. This is legal business, Ephraim. Then I'd
[00:35:18] Unknown:
rather discuss it at your office. It has to do with the upcoming trial of Franklin Jones.
[00:35:24] Unknown:
In that case, I don't discuss it at all. I'm scheduled to be presiding judge. I don't think so, Ephraim.
[00:35:32] Unknown:
Well, as you're saying, you'll see the calendar. I'm gonna ask you to disqualify yourself, Ephraim. What are you saying, Abe? Eve, here's one of the finest
[00:35:41] Unknown:
Abe,
[00:35:43] Unknown:
don't you believe I'm a fair man? It's nothing personal, Eve from Well, then why is it? To begin with, you're a material witness. Who is? You are. You and Tom here. You're the ones that the only ones who heard Tom ask for the whereabouts of side Darryl and who heard Tom threaten to kill him. Yeah. Well, Well, you can't be a judge and a witness at the same time, can you? Yeah. But you Besides, there's more to it than that. Where are you driving at, Eve? Well, my client, he insists that he's not guilty. Well, now you wouldn't expect him to admit it now, would you? Yes. If he were guilty, I would, especially since I found a way he could plead guilty and still save his neck at the same time.
[00:36:22] Unknown:
What's that?
[00:36:23] Unknown:
Self defense. Old Si was born and mad at him. Mad enough to kill him. But the boy refuses to take that defense, which proves to me that he's a young man of his word, and I have to respect that word. Abe
[00:36:37] Unknown:
Abe, if Franklin Jones didn't kill Sidero, who in Thunder did?
[00:36:42] Unknown:
Well, we'll have to sit down, the three of us, and reason together. If Franklin didn't kill Sidero, who did? We know somebody did because Sizer did. I'm like you to come straight and tell me exactly what you're driving at him. Well, it couldn't be suicide. After all, how would Si get a hold of Frank's pistol? What motive would Si have for doing away with himself? None. But you can't be too careful in these things. You have to explore every possibility.
[00:37:09] Unknown:
But you also have to be headed some place. Don't be impatient. He, for my end.
[00:37:16] Unknown:
So if it wasn't Frank, who else could it be? Who else knew Frank was in town? Who else knew Frank was mad enough to go to Si's place with a pistol? Who else did even know that Frank had a pistol? The answer,
[00:37:29] Unknown:
either one of you two. Well, hold hold on, Larry. Abe. Are you saying that Eve here or me could've killed Sydor? Well, Abe Abe, I am your best friend in town. How could you even think Abe, I thought you was always a man in a good sense.
[00:37:50] Unknown:
But this is monstrous.
[00:37:52] Unknown:
Have either of you gentlemen been up to see Si lately? Well? Well,
[00:37:58] Unknown:
I I ain't been up to Si Darrow's place since since I bought a pony from him in, '33. No. No. He was 34. Why, yeah. It's been three years.
[00:38:09] Unknown:
Ephraim?
[00:38:10] Unknown:
It's been three years since I had occasioned to visit Sire's farm. Where'd you transact your business? Whatever business we would transact, we would do at the bank.
[00:38:22] Unknown:
Gentlemen, one of you two is lying.
[00:38:26] Unknown:
Hey. Now look here. Now now you you wanna be careful now, Abe. Friendship only excuses just so much. Alright. Let me borrow that chair.
[00:38:35] Unknown:
Now, I'm gonna put my foot up on the seat of it. What for? Oh, come on. This humor in me is mad. You'll notice that the lower part of my trouser leg is covered with very tiny little sticky burrs. Well, so? So the these are typical of a growth that occurs only in Northern Florida or Southern Georgia.
[00:38:56] Unknown:
You can't find them anywhere else in the country except inside Darrow's farm. Well, now what's that got to do with the price of tea in China?
[00:39:03] Unknown:
They grew from seeds sold to Darrow by mistake, by Franklin Jones.
[00:39:09] Unknown:
I I still don't see what you're driving at. I was up there just before.
[00:39:13] Unknown:
That's how they got all over my pants leg. Now will, each of you gentlemen, please place his foot up on the chair?
[00:39:22] Unknown:
I'll be hanged if I go.
[00:39:25] Unknown:
Is that a prophecy, Ethan?
[00:39:27] Unknown:
Eve. Eat them. Them little burrs. Them sticky little burrs. You got them on your Ephraim, if you wasn't up at the Darrow Place, how'd them little burrs get all over your pants?
[00:39:49] Unknown:
I I pour me a drink, Tom.
[00:39:53] Unknown:
Eve. You was always you was always an honest man. Yeah.
[00:40:02] Unknown:
For fifty years, I've been honest as the day is long. And where did it get me? I didn't speculate. I didn't hedge. I guarded my customers' money. And when I was wiped out, I had to borrow from side air. And he was gonna take away my bank. Well, this boy came marching in here.
[00:40:41] Unknown:
And you decided to steal his pistol and kill Derry yourself?
[00:40:47] Unknown:
Well, it wasn't that clear cut, you know. It just worked out. And I found my notes and destroyed them. Yours too, Tom. From
[00:41:02] Unknown:
a man like you, could you really let that boy hang for you? Could you?
[00:41:09] Unknown:
Abe, I'd like to think that in the end, I wouldn't let that boy hang for me. I'd like to think that.
[00:41:24] Unknown:
Would your conscience let you?
[00:41:27] Unknown:
Conscience. Hey, when you face the rope, you know what I'm saying? Conscience does make cowards of us all.
[00:41:40] Unknown:
Surrogates. No? Shakespeare.
[00:41:44] Unknown:
You're a good lawyer, Abram. Would you defend me?
[00:41:50] Unknown:
Ephraim, you mean you want me? Why, you could have anyone, even Stephen Douglas.
[00:41:56] Unknown:
I want you, Abe. Nobody but you.
[00:42:00] Unknown:
Thank you, Ephraim. I'm grateful. I'm humbly grateful.
[00:42:11] Unknown:
Well, the case went to trial with a new judge and a new defendant. And the young lawyer Abe Lincoln argued ably and well. And the result was a hung jury. But as Abe Lincoln said afterwards, better a hung jury than a hung client. Well, you hang around. I'll be back shortly. Franklin and Emily Jones, Tom Fellman, Ephraim Barnes, they are all obscure footnotes in the book of Abraham Lincoln's life. And yet, these are some of the nameless unknown people who helped shape his character. All around us are young men and women whom we, in our anonymous fashion, are also molding by our precept and by our example.
And we are molding them into what? Think about it. Our cast included Keir Dullei, Jennifer Harmon, Paul Hecht, Joe Silver, and Robert Dryden. The entire production was under the direction of Hyman Brown. This is EG Marshall inviting you to return to our mystery theater for another adventure in the macabre. Until next time. Pleasant dreams.
And now, mystery theater.
[00:00:20] Unknown:
Come in.
[00:00:22] Unknown:
Welcome. I'm EG Marshall, and we're doing business as usual, featuring our full assortment of the mysterious and the bizarre. Ipsos custodes? Who shall guard the guards? Or, to take it a step higher, who shall judge the judges? This was a problem that plagued the ancient Romans, and obviously it remains with us to this very day. And actually, the act of judging is a highly hazardous affair because the book warns us, judge not, lest ye be judged. And so between the necessity to judge and the admonition not to do it, we human beings are in a constant state of doubt, which is not the worst thing in the world. Hold. Hold on there.
[00:01:14] Unknown:
What you want?
[00:01:16] Unknown:
What are you doing with that pistol? That's hardly your affair, mister Lincoln. A man prowling about at night holding a loaded pistol is certainly an object of curiosity. Only to those that don't mind their own affairs. I consider the safety of the community to be very much my affair, mister Barnes. You oblige me by handing over that pistol. And you oblige me by
[00:01:41] Unknown:
going about your own business, mister Lincoln. I'm afraid I'll have to take that pistol. I'd advise you not to try it. Hand it over, sir. I warn you. Not another step.
[00:02:05] Unknown:
Our mystery drama, It's Murder, Mister Lincoln, was written especially for the mystery theater by Sam Dann and stars Keir Dullei. When conditions are bad, we Americans always spend a great deal of energy, not in finding a solution to the problem, but rather in deciding what to call it. Is it a depression? Is it a recession? Back in 1837, they called it a panic. So you see, we have made progress. 1837 was certainly a year to tighten one's belt. Definitely, it was not a favorable year to embark upon a new career. And a young man named Abraham Lincoln is discovering this the hard way. He has just settled in Springfield, Illinois, where he has opened a law office.
Abe Lincoln sits in his law office and waits for clients. This afternoon, as usual, he is sitting and waiting. And although he is completely unaware of it, a case is being created for him just down the street in Thelmaan's Tavern.
[00:03:24] Unknown:
Now what I wanna know is, what's the point in having Martin Van Buren sitting in the White House? Why, we might just as well have Andy Jackson.
[00:03:31] Unknown:
Oh, well, Tom,
[00:03:33] Unknown:
Andy's old and sick. Why is half dead? Well, better an Andy Jackson was half dead than a Martin Van Buren who's all alive. Uh-huh. He he he is. It's a good one. Yeah.
[00:03:46] Unknown:
He sure is. I have to remember that one. I, good afternoon, gentlemen. Good afternoon.
[00:03:52] Unknown:
You wanna hear a good one, sir? I was just saying to this gentleman here, mister E from Barnes, I was saying, better a half dead Jackson than an all alive Van Buren. Isn't that what I said Hebrew? Something like that. Are you Tom Feldman? Yeah. Yeah. In the flesh. I'd like a room. Cost you a dollar Alright. In advance. Owe no man anything, it just says in Corinthians. Or is it,
[00:04:16] Unknown:
tax? Oh, here's your dollar. Thank you. Drink? No. Not for me. Thanks. It comes to the price of the room. I never drink while there's work to be done.
[00:04:25] Unknown:
Well, what's your name, stranger? You know mine. I'm Tom Feldman, and this gentleman here is he from Barnes. He runs a bank. Oh, glad to meet you, mister,
[00:04:35] Unknown:
Jones. Franklin Jones. What's the business, mister Jones? I assure you, First National Farmers and Merchants Bank of Springfield
[00:04:45] Unknown:
is very much at your service. Oh, thank you, mister Barnes. I'll I'll keep that in mind. Could either of you gentlemen tell me where I might find a mister Cyrus Darrow? Cyrus Darrow?
[00:04:55] Unknown:
He's got a farm. Big place it is too. Just just north of here. You just follow the road right out of town.
[00:05:02] Unknown:
Me, we inquire your business with mister Darrow, sir. Well, that depends on mister Darrow.
[00:05:10] Unknown:
Well, that's that's playing the cards close to the vest. Bread eaten in secret is the sweetest as it says in Proverbs.
[00:05:18] Unknown:
Where's that in Leviticus? There's nothing secret about my business with mister Darrow. He swindled me out of some money. Now he's either gonna pay it back or,
[00:05:26] Unknown:
I intend to blow his head off. Now well, now, mister Jones, there's no need for that. If you have proof,
[00:05:33] Unknown:
you can take him to court. Well, I don't have proof. So I'll just have to do it my way. I've come here to get what's mine by rights. And I have the instrument with which to secure it.
[00:05:43] Unknown:
Well, that's a that's a wicked looking weapon you got there, sir. I fought in Florida
[00:05:49] Unknown:
in the Seminole War. This pistol was first and last fired in the service of my country. I earned the right to use it in my own behalf. Now, sir,
[00:06:00] Unknown:
you cannot flout the law. Yes, indeedy.
[00:06:03] Unknown:
The law is sitting right here by your side.
[00:06:06] Unknown:
In me, you see the sheriff, and mister Barnes is the judge for this term. Well, gentlemen, all I can say is that if a man don't get no justice, he will have to make his own.
[00:06:17] Unknown:
My room, sir?
[00:06:19] Unknown:
Up the stairs. First door to your right. Supper's at 05:00. That young fella bears a bit of watching. Yeah. I pity him if he goes up against old man Daryl. Sars will just chew him up and spit him out. Wicked looking pistol, that. You know, I'm not a wagering man, Ephraim, but if I was, I'd lay my money on Cyrus Darryl. Poor fella. Seems kinda young to die after surviving an Indian war and all.
[00:07:01] Unknown:
Who are the devil's names out there this time of night? What's your business with me? Go on home. Got a bone to pick with Shires now. You come around in the in the daylight time, like honest respectable folk. Alright. Alright. Alright. Don't bust her down. I'm coming. I'm coming. Oh, well, so it's you. Come whining around to see if I'll leave you off the hook. Well, you can hang there and squirm till I'm good and ready. Think that pistol can scare me? You ain't man enough to come on now. Hand it over before I make it chew it up. Oh, oh, you yellow bellied.
[00:07:55] Unknown:
What? Who's there? The sheriff. Sheriff. Sheriff? That's right. Open up in the name of the Lord. Alright. Alright. Alright. Oh, hi, mister Feldman. Oh, mister Feldman, the tavern keeper. No, sir. It's mister Feldman, the sheriff. You'll have to come along with me some. What for? What for? Mister Jones, it looks like you did what you came here to do. What's that?
[00:08:22] Unknown:
Kill Cyrus Darrow. Kill Cyrus Darrow? But I didn't.
[00:08:27] Unknown:
He's dead, son. Big hole in his forehead caused by the forcible entry of a pistol ball. There there must be some mistake. No, sir. There's no mistake.
[00:08:37] Unknown:
This here, this your pistol? Of course, it's my pistol. It was found 50 yards away from Cyrus' house. No. You couldn't have found it 50 yards away because Because? Well, be it can't be my pistol. I I remember. I put it back in my bag. Yes? Yeah. Hey.
[00:08:53] Unknown:
Hey. It isn't here. Of course not. How could it be in that bag and in my hand at one the same time? I I never I did Mister Jones, a sheriff of Springfield County, I hereby arrest you for the murder of Cyrus Darryl. What? And may the Lord have mercy on your soul. What are you saying? Well, that's right. That's right. I shouldn't say that just yet. After all, you ain't been tried, but you'll get a fair trial before they hang you.
[00:09:21] Unknown:
I don't know what to say, Franklin.
[00:09:23] Unknown:
I don't know what to say. I didn't kill him, Emily. I didn't. Franklin, everyone said I don't care what everyone says. You just gotta believe in me. Why did you have to come here with a pistol?
[00:09:34] Unknown:
Why did you have to threaten him in public? Why did you Why? Why? Why?
[00:09:39] Unknown:
Because I'm stupid. That's why. Oh, Franklin. I'm sorry. I guess I really am in the soup this time. He
[00:09:46] Unknown:
this man, Cyrus Darrow, was very well liked. And the evidence against you, it's so strong. Evidence? What evidence? What evidence? Oh, Franklin. Your threats to kill him. The piss I swear to you, ma'am. I believe you, darling,
[00:10:02] Unknown:
but there's gonna be a trial. I'll make them believe me. I'll make everyone believe me. You'll need a lawyer. Yeah. Well, I'll hire a lawyer. And, I Yeah. What is it, dear? A lawyer. Yeah. Well, that's just what I said, my darling. I'll hire a lawyer. Dear, there are no lawyers. No lawyers here in Springfield, the state capital? Why, in a place like this, there there are nothing but lawyers. I've been asking around, and I've gotten answers.
[00:10:29] Unknown:
One fella says, sorry, ma'am. I just couldn't take on another case. And meanwhile, he's got his feet on the desk, and I can see the holes in his shoes. And then another fella says, I never did try a murder case. What is it? There isn't nobody in this town doing 15¢ worth of business, and they say each of them say to me, sorry, miss Jones. I just can't see my way clear.
[00:10:52] Unknown:
Why won't they take my case? Well, it
[00:10:55] Unknown:
Is it because they don't think they can win? Emily, that should make no difference. Law says every man's entitled to a lawyer. I know.
[00:11:03] Unknown:
But what the law really means, every man's entitled to a lawyer provided he can get one.
[00:11:15] Unknown:
Yes, ma'am?
[00:11:17] Unknown:
Are you judge Barnes?
[00:11:20] Unknown:
Well, here in the bank this week, I'm mister Barnes. I don't start being Judge Barnes till next week. And, whom do I have the pleasure of addressing? My name is Jones. Emily Jones.
[00:11:35] Unknown:
Missus Franklin Jones.
[00:11:37] Unknown:
Oh.
[00:11:38] Unknown:
Judge, my husband can't find himself a lawyer.
[00:11:43] Unknown:
Surely, miss Barnes and all of Springfield, there must be somebody who,
[00:11:48] Unknown:
who mind ruining his reputation?
[00:11:51] Unknown:
Well, miss Bynes,
[00:11:52] Unknown:
lawyers don't see things that way at all. Then how does it happen no lawyer's willing to defend my husband?
[00:11:59] Unknown:
Well, it is a busy time. How busy?
[00:12:03] Unknown:
Look at your bank. Ain't a soul in here except you and me. Yeah. Well, Well, what, sir? People going broke left and right, nothing being brought in or sold, no contracts to draw up. What are all these lawyers doing?
[00:12:17] Unknown:
Well, I'm sure if if you look around I looked.
[00:12:22] Unknown:
I looked everywhere, and everybody's turned me down. Everybody? Everybody.
[00:12:31] Unknown:
Have, have you spoken to a man named Lincoln? Abe Lincoln?
[00:12:38] Unknown:
Abe Lincoln? No. The names ain't familiar.
[00:12:42] Unknown:
Oh, I should give Abe a try. He's the kind of lawyer to take any case he can get.
[00:12:48] Unknown:
Well, I must say, judge, that don't sound like a very enthusiastic recommendation.
[00:12:54] Unknown:
Well, ma'am, it's the only recommendation I can give you.
[00:13:09] Unknown:
Yes, ma'am?
[00:13:10] Unknown:
Will you please tell mister Abe Lincoln I'm here? There's no need to do that, ma'am.
[00:13:16] Unknown:
You've already done so.
[00:13:19] Unknown:
You? You or Abe Lincoln?
[00:13:21] Unknown:
Pleased guilty, ma'am. Now to whom do I have the pleasure of But you don't. I know I don't look like a lawyer. Well, the fact is I don't look very much of anything else either. Well, Won't you have a seat, ma'am? Now I
[00:13:41] Unknown:
I, my name is Emily Jones. My husband, Franklin Were you named after Ben Franklin? Yes, sir. I believe so. A great man. Yes, sir. He he, my husband, is gonna be tried for murder. Yes. I know. And I need a lawyer.
[00:14:00] Unknown:
Well, you've come to the right place.
[00:14:02] Unknown:
You mean you're willing to defend him? I'm ready, ma'am. Well, that may be, but I've gotta ask you about your qualifications. How many murder cases have you tried?
[00:14:14] Unknown:
How many? To be exact, ma'am, none. None? Miss Jones, a fella has to start someplace. Well, but not with my husband. Well, I do have one qualification. Matter of fact, it, could turn out to be the most important qualification of all. What's that? I'm the only lawyer in town willing to take the case.
[00:14:43] Unknown:
Didn't Longfellow say lives of great men all remind us. We can make our own sublime. And departing, leave behind us footprints on the sands of time. Yes. He did. However, what we should realize about the lives of great men is the fact that most of them weren't always great. Can you imagine being unhappy to have Abraham Lincoln as your lawyer? I'll return shortly
[00:15:18] Unknown:
with
[00:15:21] Unknown:
Act
[00:15:23] Unknown:
Two.
[00:15:26] Unknown:
His name is Franklin Jones. Right now he is in the jailhouse in Springfield, Illinois in the early autumn of the year '18 '30 '7. He is accused of murder. His prospects are bleak. The betting is better than 10 to one. He'll feel a rope around his neck before the month is out. The odds have not been lowered by the fact that his lawyer is a young man named Abe Lincoln.
[00:15:52] Unknown:
And who was in the tavern when you came in?
[00:15:55] Unknown:
Mister Feldman, mister Barnes. No one else? Nope. No one else. I asked if if if they knew where I could find mister Cyrus Darrow, and they asked why, and I told them. Couldn't you tell them that it was your own affair? Well, I didn't. Oh, you always have to be bragging about something no matter how many times I tell them. Please, Emily.
[00:16:14] Unknown:
Mister Lincoln here ain't interested in our personal business. Oh, but I am. You are? Why? Because you never can tell what might be important.
[00:16:22] Unknown:
All that's important is to keep the rope away from Franklin's neck. Well, that's exactly what we're trying to do, miss Jones. Now,
[00:16:29] Unknown:
Frank, you, came here night before last from Valley Junction. That's right. We just started farming. Miss Jones, I'd appreciate it if we'd let Frank answer. Well, I can give you the facts fast and clear. I know, ma'am. But, well, Frank's gonna need practice. He'll be the one that has to answer at the trial. So, Frank, you came here the other night. You, engaged a room. You stated your business to mister Feldman and to mister Barnes. Like a fool. Hey. Yes, sir. That's right. And you, showed them the pistol.
[00:17:00] Unknown:
Why? Well, the pistol was a present to my dad from general William Henry Harrison. Dad was with Harrison at the Tippecanoe. You see? He wanted to brag about it. Mister Feldman and mister Barnes, well, they weren't easy fellas to talk to. You know what I mean? I know what you mean, Frank. So I I just went upstairs to my room, and I went to bed figuring I'd see Cyrus Darrow first thing in the morning. And, Well, the next thing I knew, there was a knock on the door, and it's the sheriff.
[00:17:27] Unknown:
I'm being arrested for murder. And at no time during the night did you arise from your bed and go forth to mister Darrow's place and shoot him? I did not shoot him. I was asleep in my room. Well, we have to make that defense stand up. You sound like you don't believe him. Oh, I believe him. I'm not the problem. You've got a judge and a jury to consider. And Frank, the pistol,
[00:17:50] Unknown:
where was it? In the bag.
[00:17:52] Unknown:
You placed it in the bag before he went to sleep? Yes, sir. Well, how did it get to where it was found in the field? 50 yards from mister Darrow's door. I don't know. Well, the prosecution will say that you went there, shot side Darrow, fled from the scene, and in your guilty terror and confusion, you dropped the gun. Well, I couldn't have dropped the gun when I wasn't even carrying it to to start with. I wasn't there. Well, then we must claim that someone came into this room while you were asleep and stole that pistol. Yeah. Well, that's the only way it could have happened. You, were conscious of no one? Oh, I was asleep. Tell me this. What was your business with mister Darrow? Why do you wanna know? Frank.
Is that important? It's the first question the prosecutor will ask. I should know.
[00:18:37] Unknown:
Oh, that was before he was killed. Frank. Well, I enlisted in 1829. '18 '30. Oh, '18. Yeah. That's right. And and I served in Georgia and Florida. And and when I wanted to marry Emily, well, you don't get married on sergeant's pay. Well, not to me. You don't. Anyway, there was this fella in the company. First platoon he was. Funny little fella, fat and baldy, you know, but smart. He he was a Frenchman or a German or something like that. He he spoke funny. You know, the army's full of all kinds of foreigners. Well, they had to run here because they're having all kinds of revolutions in Europe. Will you get to the point? Now why should mister Lincoln care beans about them revolutions in Europe? Yeah. Well well, he his name was Fuller, and he knew all about plants and flowers, you know. And and he said, Jonesy, some of these varieties could grow very well up north if
[00:19:34] Unknown:
yeah.
[00:19:35] Unknown:
If what? Yeah. Well, I I never did find out. You see, he and I were going into business, and we collected boxes and boxes of various seeds. And and we was gonna sell them to farmers up this way, where I was well known, That is, I knew some people. And since Cyrus Darrow was one of the biggest farmers in this part, well, we wrote to him. And he wrote back offering to buy a special kind of feed glass. Yeah. We sent him $30 worth and and he never did pay up. So we wrote, and we asked him for our money. And he sent back an answer saying he'd be hanged if he'd pay a cent for some sticky Georgia thistles. What was that man talking about anyway? Well, I I I don't know. I could've made a mistake and not cleaned out the seed like Fuller said you had to do. Well,
[00:20:17] Unknown:
he invited me to come up and look at his brand new thistle patch and also give him the opportunity to wring my neck at one and the same time. And I said, Frank, you go up there and you get your money. What? Did I know he was gonna take a gun? And in no time then did you visit Darryl's farm? No, sir. He did not. He was nowhere near that place. Frank? No, sir.
[00:20:39] Unknown:
As far as you know, it could that is, the seed you sold him could very well have been thistle or burrs or whatever. Well, supposing they was.
[00:20:49] Unknown:
What does this have to do with the killing of Cyrus Darrow? You weren't up there, Frank? Well, I said I wasn't.
[00:20:55] Unknown:
Well, I better be getting along. Where are you off to? I think I'll ride up to Darryl Fawn. Whatever for? I might learn something. What's to learn? A man's been murdered. We know that. Well, I might find some evidence. What kind? I have no idea, but I have to look.
[00:21:11] Unknown:
You mean you're gonna look for something and you don't know what?
[00:21:15] Unknown:
Yes. I suppose you could put it that way. What was that, miss Jones?
[00:21:20] Unknown:
Nothing. Just
[00:21:31] Unknown:
hello, Reed. How are you, Tom? Fine. What's down?
[00:21:35] Unknown:
Doing anything?
[00:21:36] Unknown:
Well, I'm about to take a run up to Darrow Farm. Maybe some evidence.
[00:21:41] Unknown:
Mhmm. Yeah. Evidence. Evidence of things not seen as it says in Leviticus. Hebrews. Yeah. Yeah.
[00:21:52] Unknown:
Leaving soon? I'd like to get back before supper.
[00:21:56] Unknown:
You've,
[00:21:57] Unknown:
you've taken the Jones case. Yep. I was retained this morning.
[00:22:02] Unknown:
Well, you'd be think that's wise?
[00:22:05] Unknown:
Wise?
[00:22:06] Unknown:
I'm a lawyer. What do you have to what do you have to think of your career? You know, you gotta lose that case. It's plain as a cabbage on a rose bush. The boy's guilty. Isn't that why we're having a trial? Oh, we're having a trial because the law says he's gotta get one. But you know what the verdict's gonna be.
[00:22:24] Unknown:
Tom, I'm surprised at you. No. No.
[00:22:27] Unknown:
You're you're the surprising one. Now look, you can't win. If you lose, you look bad because you're a loser. And if by some miracle yeah. Yeah. You could have a miracle because as Milton says, the age of miracles is forever here. That was Carlisle. Carlisle. Well, anyhow, if by a miracle you win, well, folks will resent it. Why? Well, the boys are obviously guilty. People want them to hang. Look, Eve. I'm thinking of your future. My future? Yeah. You could have a great future in politics. I've seen you operate. Why was you single handed, got the state capital, and moved up here from Vandalia? Oh, no. That's not really true. It is. It is.
Abe, you you could go far. Oh, no. No. No. Not not not me. Now why do you say no?
[00:23:19] Unknown:
Well, I just don't look like a politician.
[00:23:22] Unknown:
There's no no special way a politician's supposed to look. Yeah. It isn't so. He's gotta look kinda
[00:23:29] Unknown:
solidly dignified like Daniel Webster, sharp and smart like Clay or Calhoun, or shrewd like Tom Benton, or even jolly like Steve Douglas. But he he can't well, he he can't afford to be funny looking like me. Well,
[00:23:44] Unknown:
I I wouldn't say you as all that funny looking, Abe. I'm too tall, too thin, and too bony and gawky. But you got all the brains.
[00:23:53] Unknown:
Brains alone was never enough.
[00:23:55] Unknown:
Abe. Abe, is there some way you could get out of trying this case? Now I mean it for your own good. Cy Darrow was well liked. I wouldn't get out even if I could, Don. Cy was very well liked, and folks are mad to think about that. There's nothing to think about. Well, just thought I'd paint you a picture. After all, as William Shakespeare said, forewarned is forearmed.
[00:24:19] Unknown:
No. That was Miguel Cervantes. Wow. Hello there, Abe. Good day, mister Bennett. What brings you out here, Abe? Oh, I thought I'd come out here and look. For what? Oh, for anything I could find. I saw someone moving around in the house turns out to be you.
[00:24:48] Unknown:
Well, I was his lawyer. I'm just getting his papers put together. Well, come in. Come in. Look around if you like. Thank you, mister Bennett. Right here in the doorway is where he fell. I found the body, you know, in the morning. I'd come by to go over some contracts. There he was,
[00:25:11] Unknown:
dead. You going through his papers?
[00:25:14] Unknown:
Mhmm. I'm trying to. Mhmm. Anything missing? Well, Abe, either stuff is missing or he hid them away somewhere. What what do you mean? I mean, he didn't tell his lawyer everything. No client ever does. You're gonna find that out. Well, what would seem to be missing? Haven't had a chance to go through it all, but I know for a fact he's been lending out money all over town. The way things are with the banks and all, he was the only one with hard cash. Yes. I heard.
[00:25:46] Unknown:
You could say there were plenty of folks who might have had a motive, mister Bennett. Yeah. You could say that, Abe.
[00:25:52] Unknown:
But I think your man's gonna pay the bill. But he told me he never even came up here. Now I know, Abe. But when you've had as many clients as I have, you learn how easily they can lie to him. It's hard to believe this boy isn't telling me the truth. I have. That's what makes this so dang difficult. Maybe he thinks he's telling you the truth. Hey. You're in trouble on this case.
[00:26:18] Unknown:
Admit it. I never denied
[00:26:21] Unknown:
it. Let's step outside, Abe. Before. We might find a way out of this problem. Now, Abe, just off to your left leading to the road, there's a full acre, and it's planted in what?
[00:26:41] Unknown:
Now hold on, mister Bennett. That's a wild field. No. Oh, that's a planted field, But who who'd wanna plant all those weeds and burrs and thistles?
[00:26:51] Unknown:
They come from the seeds my client bought from your client.
[00:26:56] Unknown:
That's hard to believe.
[00:26:58] Unknown:
Why Let's say your client's a sharper, or he made an honest mistake. Don't matter. But he made my client mad. My old sigh was ready to kill that boy on-site. You get my point?
[00:27:14] Unknown:
Mister Bennett, I think I do.
[00:27:17] Unknown:
Now taking it straight from there, you begin to see a new line of approach in the case.
[00:27:25] Unknown:
Mister Bennett, let me tell you, sir, I am eternally in your debt. So think, I had just considered this case was hopeless.
[00:27:34] Unknown:
Hey. When everything looks hopeless, that's the time you really start to hope.
[00:27:46] Unknown:
And, of course, that was a lesson that Abe Lincoln never forgot. Certainly, in the years to come, he would be faced with more apparently hopeless situations than almost any other president. But our concern is with the case in hand. And what is the light that has suddenly dawned? Well, that will all be made visible when I return in just a few moments with Act three. It is always surprising to consider that what we call psychology is a science of recent vintage. We speak so easily of things like, the split personality, the other self, the protective falsehood without realizing that these terms would be unintelligible to people who lived even a hundred years ago. But although our forebears did not know these things intellectually, they could understand their implications.
After all, Sigmund Freud was only 10 years old when Abe Lincoln died, yet Lincoln already sensed a great deal of what Freud was to discover.
[00:28:59] Unknown:
No, mister Lincoln. He don't lie to me. That's one thing he don't do. He don't lie to me. Emily,
[00:29:05] Unknown:
maybe he has no choice. What do you mean? Well, maybe maybe he's afraid he'd lose you if you knew he was a murderer. What would you do if he confessed?
[00:29:16] Unknown:
What would I do?
[00:29:18] Unknown:
Would you leave him?
[00:29:19] Unknown:
Well, I You see? Oh, I'd raise up a storm, I guess. I I'd holler and rip, but afterward,
[00:29:28] Unknown:
well, I'd stand by him. Oh, then you must convince him of that.
[00:29:32] Unknown:
But will it save him?
[00:29:34] Unknown:
At least it's a defense. I could plead it. This way, all I'm doing is begging the mercy of the court. But will it work? Self defense always gives a man a chance. How much of a chance? Well, I'm a lawyer, Emily. I'm not a prophet. But, we can get witnesses to prove that Siderra was furious with Franklin. But why? Because Franklin had sold him nothing but weeds. How do you know? I was up there, Emily. I saw them. A strange kind of growth for this part of the country. Brambles and burrs and weeds. It really wasn't Frank's fault, mister Lincoln. He he just doesn't know. But Cyrus Darrow was boiling mad. Now, oddly enough, this could create some sympathy for Franklin. How?
They'll all think Frank was a swindler. Well, maybe not a swindler, more of a sharper. Oh, what's the difference? Well, Emily, you have to know these old horse traders up here. They they might even admire them. Why? Because he's done something nobody else is ever able to bring off. What's that? He got the better of Saidero in the deal. He went up to seaside, a brazen it out, being careful, of course, to bring his pistol. The fact that the pistol was given to him by general Harrison over either. Well, then you think we've got a chance? Yes, Emily. I would say that what with one thing and another, we've got a fighting chance.
[00:30:57] Unknown:
No. No? What do you mean no? You heard, Emily. I said no. What mister Lincoln just explained? I know what mister Lincoln just explained. Don't you understand? Plead
[00:31:08] Unknown:
self defense, you're sure to hang. Well, I ain't gonna do it. Why? I told you once. I told you a thousand times. I wasn't there. But, sir? I didn't kill him. I give up. What can you do with him, mister Lincoln? Mister Lincoln, would you want me to get up there on that stand and tell a lie? Is it a lie, Franklin? You mean you didn't kill Said Darrow in self defense? Here's a hole to be in. A man's wife won't believe him. His lawyer won't believe him. Frank, we all know Franklin,
[00:31:34] Unknown:
I can only plead the defense my client gives me.
[00:31:37] Unknown:
Since I wasn't at the scene of the crime when the murder took place, I don't know what happened. Well, I don't know neither. I wasn't there myself. I was asleep in bed in my room at Feldman's Tavern. But, Franklin, nobody's gonna believe that. Well, ain't that what I got a lawyer for so we can make folks believe me? Or is this case too tough for you, mister Lincoln? Well, it's tough enough. Hey. Did you find anything up there at Darrow's place?
[00:31:59] Unknown:
How'd you know I was up there? Well, look at your pants.
[00:32:03] Unknown:
Oh oh, yeah. Yeah. Them little burrs. Almost too small to see unless you're looking for them. Yes, sir. You'll be picking them off your pants legs for weeks. I thought I'd gotten rid of most of them. No, sir. They're hidden where you can't even see them. And some of the seeds, why why, they'll even germinate on the clothes, seems like. You better boil those hands. Oh, well, thank you. I guess Darryl was right, Emily. We did sell them weeds. I didn't mean to, mister Lincoln. It's just that Corporal Fulda would have known what to do. He said you have to wash the seed in something called, alkaline.
I don't even know what it is.
[00:32:40] Unknown:
What are you gonna do now, mister Lincoln? Tell me. Who else was in the tavern when you came in? Well, I told you. Just mister Feldman and mister Barnes. Nobody else? Oh, sir. You posited? I'll swear to it. Well, do you know anyone in the town? No, sir. Not a single solitary soul. Why do you ask? Well, Emily, it's about time I started asking questions. But you've been asking questions all along? No. Not the right questions, and I haven't been asking the right people either.
[00:33:10] Unknown:
Well, Well, Abe, I can only tell you the boy insists on having a rope put around his neck. He refuses to plead self defense. In my opinion, he'd rather die having his wife think he's not a murderer.
[00:33:23] Unknown:
I believe him. Can be a dangerous business when you start believing clients. It can even be a more dangerous business when you don't.
[00:33:33] Unknown:
What can I do for you?
[00:33:35] Unknown:
You've been through all the size papers yet? All I was able to turn up? Would either Tom Feldman or Ephraim Barnes have owed him money?
[00:33:44] Unknown:
Well, now, Abe, this is a lawyer client relationship. You asking me to break it?
[00:33:53] Unknown:
Well, the client's dead, mister Bennett. And I'm not asking out of idle curiosity.
[00:33:59] Unknown:
Yes. He did have a mortgage on Feldman's.
[00:34:03] Unknown:
I thought Tom Feldman owned the place free and clear. It's been a moneymaker for years. Don't you know there's been a panic on them? I mean, a nickels worth of cash to be had. Why would Tom Feldman go to Said Darrow when he could get money at bank rates from his good friend, Ethan Barnes? Banks don't have it either, Abe. Did you find any papers for either Tom or Ephraim?
[00:34:25] Unknown:
What are you trying to say, Abe? I'm just asking, mister Bennett. To answer your question, no. There was no papers for either one of them. And, yeah, they both owed him money. I'm reasonably sure of it, Abe.
[00:34:42] Unknown:
Well, thank you, mister Bennett. Good afternoon, gentlemen. Well, Eve.
[00:34:54] Unknown:
Afternoon, Eve. Have a drink. How's the law business coming? Slow. Hell, Slow but sure moves mighty mountains. Aristotle. Euripides. Ephraim, I swear one day I'm I'm gonna catch you. Gentlemen,
[00:35:10] Unknown:
we have some business to discuss.
[00:35:12] Unknown:
They discuss business at my office only. This is legal business, Ephraim. Then I'd
[00:35:18] Unknown:
rather discuss it at your office. It has to do with the upcoming trial of Franklin Jones.
[00:35:24] Unknown:
In that case, I don't discuss it at all. I'm scheduled to be presiding judge. I don't think so, Ephraim.
[00:35:32] Unknown:
Well, as you're saying, you'll see the calendar. I'm gonna ask you to disqualify yourself, Ephraim. What are you saying, Abe? Eve, here's one of the finest
[00:35:41] Unknown:
Abe,
[00:35:43] Unknown:
don't you believe I'm a fair man? It's nothing personal, Eve from Well, then why is it? To begin with, you're a material witness. Who is? You are. You and Tom here. You're the ones that the only ones who heard Tom ask for the whereabouts of side Darryl and who heard Tom threaten to kill him. Yeah. Well, Well, you can't be a judge and a witness at the same time, can you? Yeah. But you Besides, there's more to it than that. Where are you driving at, Eve? Well, my client, he insists that he's not guilty. Well, now you wouldn't expect him to admit it now, would you? Yes. If he were guilty, I would, especially since I found a way he could plead guilty and still save his neck at the same time.
[00:36:22] Unknown:
What's that?
[00:36:23] Unknown:
Self defense. Old Si was born and mad at him. Mad enough to kill him. But the boy refuses to take that defense, which proves to me that he's a young man of his word, and I have to respect that word. Abe
[00:36:37] Unknown:
Abe, if Franklin Jones didn't kill Sidero, who in Thunder did?
[00:36:42] Unknown:
Well, we'll have to sit down, the three of us, and reason together. If Franklin didn't kill Sidero, who did? We know somebody did because Sizer did. I'm like you to come straight and tell me exactly what you're driving at him. Well, it couldn't be suicide. After all, how would Si get a hold of Frank's pistol? What motive would Si have for doing away with himself? None. But you can't be too careful in these things. You have to explore every possibility.
[00:37:09] Unknown:
But you also have to be headed some place. Don't be impatient. He, for my end.
[00:37:16] Unknown:
So if it wasn't Frank, who else could it be? Who else knew Frank was in town? Who else knew Frank was mad enough to go to Si's place with a pistol? Who else did even know that Frank had a pistol? The answer,
[00:37:29] Unknown:
either one of you two. Well, hold hold on, Larry. Abe. Are you saying that Eve here or me could've killed Sydor? Well, Abe Abe, I am your best friend in town. How could you even think Abe, I thought you was always a man in a good sense.
[00:37:50] Unknown:
But this is monstrous.
[00:37:52] Unknown:
Have either of you gentlemen been up to see Si lately? Well? Well,
[00:37:58] Unknown:
I I ain't been up to Si Darrow's place since since I bought a pony from him in, '33. No. No. He was 34. Why, yeah. It's been three years.
[00:38:09] Unknown:
Ephraim?
[00:38:10] Unknown:
It's been three years since I had occasioned to visit Sire's farm. Where'd you transact your business? Whatever business we would transact, we would do at the bank.
[00:38:22] Unknown:
Gentlemen, one of you two is lying.
[00:38:26] Unknown:
Hey. Now look here. Now now you you wanna be careful now, Abe. Friendship only excuses just so much. Alright. Let me borrow that chair.
[00:38:35] Unknown:
Now, I'm gonna put my foot up on the seat of it. What for? Oh, come on. This humor in me is mad. You'll notice that the lower part of my trouser leg is covered with very tiny little sticky burrs. Well, so? So the these are typical of a growth that occurs only in Northern Florida or Southern Georgia.
[00:38:56] Unknown:
You can't find them anywhere else in the country except inside Darrow's farm. Well, now what's that got to do with the price of tea in China?
[00:39:03] Unknown:
They grew from seeds sold to Darrow by mistake, by Franklin Jones.
[00:39:09] Unknown:
I I still don't see what you're driving at. I was up there just before.
[00:39:13] Unknown:
That's how they got all over my pants leg. Now will, each of you gentlemen, please place his foot up on the chair?
[00:39:22] Unknown:
I'll be hanged if I go.
[00:39:25] Unknown:
Is that a prophecy, Ethan?
[00:39:27] Unknown:
Eve. Eat them. Them little burrs. Them sticky little burrs. You got them on your Ephraim, if you wasn't up at the Darrow Place, how'd them little burrs get all over your pants?
[00:39:49] Unknown:
I I pour me a drink, Tom.
[00:39:53] Unknown:
Eve. You was always you was always an honest man. Yeah.
[00:40:02] Unknown:
For fifty years, I've been honest as the day is long. And where did it get me? I didn't speculate. I didn't hedge. I guarded my customers' money. And when I was wiped out, I had to borrow from side air. And he was gonna take away my bank. Well, this boy came marching in here.
[00:40:41] Unknown:
And you decided to steal his pistol and kill Derry yourself?
[00:40:47] Unknown:
Well, it wasn't that clear cut, you know. It just worked out. And I found my notes and destroyed them. Yours too, Tom. From
[00:41:02] Unknown:
a man like you, could you really let that boy hang for you? Could you?
[00:41:09] Unknown:
Abe, I'd like to think that in the end, I wouldn't let that boy hang for me. I'd like to think that.
[00:41:24] Unknown:
Would your conscience let you?
[00:41:27] Unknown:
Conscience. Hey, when you face the rope, you know what I'm saying? Conscience does make cowards of us all.
[00:41:40] Unknown:
Surrogates. No? Shakespeare.
[00:41:44] Unknown:
You're a good lawyer, Abram. Would you defend me?
[00:41:50] Unknown:
Ephraim, you mean you want me? Why, you could have anyone, even Stephen Douglas.
[00:41:56] Unknown:
I want you, Abe. Nobody but you.
[00:42:00] Unknown:
Thank you, Ephraim. I'm grateful. I'm humbly grateful.
[00:42:11] Unknown:
Well, the case went to trial with a new judge and a new defendant. And the young lawyer Abe Lincoln argued ably and well. And the result was a hung jury. But as Abe Lincoln said afterwards, better a hung jury than a hung client. Well, you hang around. I'll be back shortly. Franklin and Emily Jones, Tom Fellman, Ephraim Barnes, they are all obscure footnotes in the book of Abraham Lincoln's life. And yet, these are some of the nameless unknown people who helped shape his character. All around us are young men and women whom we, in our anonymous fashion, are also molding by our precept and by our example.
And we are molding them into what? Think about it. Our cast included Keir Dullei, Jennifer Harmon, Paul Hecht, Joe Silver, and Robert Dryden. The entire production was under the direction of Hyman Brown. This is EG Marshall inviting you to return to our mystery theater for another adventure in the macabre. Until next time. Pleasant dreams.
Introduction to Mystery Theater
The Panic of 1837 and Abe Lincoln's New Career
A Murder in Springfield
Abe Lincoln Takes the Case
Investigating the Murder Scene
The Psychology of the Case
The Real Culprit Revealed
Conclusion and Reflections on Lincoln's Legacy
