“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 of last session; and he says it will be presented to the court to-morrow morning.  We shall be allowed three or four days to get up a return, and I, for one, want the benefit of consultation with you.

Please come right up.

Yours as ever,
A. Lincoln.

TO J. GILLESPIE.

Springfield, Feb 7, 1858