On March 23, 1860, one of Lincoln’s more famous cases came to trial in the U.S. District Court. Johnston v. Jones & Marsh, more commonly known as the Sand Bar case, was important both because of its subject matter (it highlighted Lincoln’s experience with technology) and because, in an age where trial transcripts were almost never kept, journalist Robert Hitt was paid to sit through the entire trial and create a comprehensive 482-page trial transcript, although he omitted the closing arguments.
The case revolved around the accretion of new land created by various efforts to turn Lake Michigan’s shoreline at Chicago into a practical harbor, something nature had not designed it to do. Channels were dug, piers were built, and a great deal of sand was dredged. Eventually, Chicago had a harbor. In 1833, the government cut a channel across lakefront lots owned separately by William Johnston and William Jones. A newly erected pier caused the accretion of nearly 1,200 feet of new land, roughly six acres, which both Johnston and Jones claimed as their own. After four trials, the last of which found for Johnston, Jones appealed to the Supreme Court, which reversed the judgment and sent it back to the lower courts. At this point, Jones retained Lincoln and, after an 11-day trial, the jury sided with Jones.
The case highlighted Lincoln’s knowledge of natural environments and his clear, logical communication to jurors. A legal colleague, while not specifically talking about the Sand Bar case, seemed to capture the flavor of it when he called Lincoln “an admirable tactician” that “steered this jury from the bayous and eddies of side issues and kept them clear of the snags and sand bars, if any were put in the real channel of his case.” Fellow lawyer Leonard Swett also suggested Lincoln had a knack for focusing the juror on the key question while minimizing the rest. “By giving away six points and carrying the seventh, he carried the case.” Lincoln demonstrated this Euclidean logic and technical expertise in a letter to Johnson’s attorney Robert Kinzie before the trial, querying him on such technical matters as the intersection of the pier, the accreted new lakeshore, and the properties in question, as well as the timing of the land formation and any changes since the initial pier was erected. During the trial, Lincoln’s background in surveying helped him cross-examine the surveyor George Snow, catching that there were two maps created, each one alternatively benefiting the claims of the two litigants.
Lincoln’s questioning of the land surveys was key to winning the case. He was paid $350 for his services (about $11,600 today).
This was just one of many science and technology related cases in which Lincoln was involved, many setting important precedents for the modernization of America. More on that topic in Lincoln: The Fire of Genius: How Abraham Lincoln’s Commitment to Science and Technology Helped Modernize America, now available for pre-order.
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David J. Kent is President of the Lincoln Group of DC and the author of Lincoln: The Man Who Saved America. His previous books include Tesla: The Wizard of Electricity and Edison: The Inventor of the Modern World and two specialty e-books: Nikola Tesla: Renewable Energy Ahead of Its Time and Abraham Lincoln and Nikola Tesla: Connected by Fate.
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