Abraham Lincoln Legal Papers

Abraham Lincoln worked many cases, following the circuit courts in Illinois. It was a way to supplement his small wages in New Salem, Ill. He had many cases in his twenty-five years as a lawyer. One in particular, the case of Fleming vs. Rogers & Crothers, is very informative. It was a medical malpractice suit and Lincoln represented the physicians. On October 17,1855 the town of Bloomington, Ill was filled with the sound of fire bells. The fire was widespread that it moved through the town destroying the Central Illinois Times, and The Bloomington Pantagraph and the livery stable. In fact everything but the bank and a single store remained. One man, William Green lost his life in the blaze. Samuel G. Fleming was injured, he received  two broken legs that he suffered when a chimney collapsed on him. He was treated by a Dr. Thomas P. Rogers, Jacob Freese and Eli Crothers. Dr. Freese bandaged and set his left leg and Crothers set and treated the right.  The doctors visited Fleming weekly for two weeks to check on him. Fleming stated that he was coming along and his pain was minimal. Then, Fleming began to have pain about sixteen days after his legs were treated. The pain emanated from the break point in his right leg. Fleming’s sister felt that the leg was not set right and the doctors disagreed. They upheld that the treatment was correct and the manner in which the leg seemed was normal. Dr. Crothers advised Fleming that the pain was from pleurisy and not the treated break. Then twenty four days later, Dr. Rogers went to Fleming and stated that the legs were “crooked as rams horns”. The other doctors were sent for and the legs measured. They found one of the legs at least one inch shorter than the other. The only solution that Dr. Rogers found was to redress the legs and splint them differently. Then eight days later they visited Fleming again. This time, they wanted to rebreak and set his legs. Dr. Freese used chloroform and the doctors began to work on the limb. Fleming was not out and consequently began to scream in pain as the doctors attempted to rebreak the limb. Fleming was advised that it was the only way to fix his limb. He advised the doctors to stop and stated the “he (Fleming) had suffered enough.” Fleming’s legs were permanently disfigured and he sued the doctors for malpractice.

Abraham Lincoln defended the doctors. The trial began in 1857, and Lincoln sought Dr. Crothers out to demonstrate the breaks on the patients legs with chicken bones. He employed this in the courtroom for all to see. Crothers spoke about bone growth and the changes that take place while the body is healing. The trial took one week, with fifteen doctors and twenty one witness’ testifying for the plaintiff. Lincoln cross examined Fleming and asked him if he could walk. Fleming stated that he could but he limped. Lincoln exclaimed “Well! What I would advise you is to get down on your knees and thank your Heavenly Father, and these two Doctors that you have any legs to stand on at all!” The result, the doctors paid the fees incurred by Fleming from the trial and settled.

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