To plead their case, Crothers and Rogers turned to attorneys David Brier, Jessie Birch, L. L. Strain, and Andrew W. Rogers, all of Bloomington. To counter the presence on the plaintiff’s legal team of lawyer Leonard Swett, who was known for his grasp of medical issues and the subject of anatomy, Crothers also sought the counsel of Abraham Lincoln and John Stuart.

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The former partners, who took the lead in the doctors’ defense, had only a week to prepare their case before the Circuit Court’s spring term opened in Bloomington on April 7, 1856. They requested a continuance from Judge David Davis on the grounds that Dr. Rogers, “the major physician, is now so unwell as to be unable to attend the present term of court, and…his personal presence at the trial is necessary to enable them to conduct the defense of the case properly….” Rogers, they stated, had “visited said plaintiff much more frequently than did said Cerothers [sic.] and…has the more intimate acquaintance with, and perfect knowledge of the whole case.” Judge Davis, having been assured that Dr. Rogers would be able to attend the Court’s fall term, continued the case until then but required the defendants to pay the court costs.

Judge Davis and Lincoln enjoyed a close working relationship, as well as a personal friendship. Lincoln traveled with other attorneys who followed Davis’s circuit in a “circus like caravan,” often entertaining the judge and his fellow lawyers after hours with his humorous stories and anecdotes. The judge respected the future president’s legal opinions and his skill as a hardworking, frontier lawyer and occasionally asked Lincoln to take the bench in his absence. As a result of this interaction, Judge Davis became one of Lincoln’s mentors.

This apparent conflict of interest was not uncommon on the circuit and rarely aroused objections from other lawyers familiar with the rigors of travel within the Court’s jurisdiction. Younger attorneys on the trial circuit often sought the services of Lincoln, whose experience and presence in the courtroom had earned their respect.

When the Fleming case was called before Judge Davis in September, the defendants again requested a postponement. Dr. Freese, it seemed, had moved to Cincinnati on short notice and had not been able to give his deposition to the attorneys before leaving Bloomington. His testimony was considered vital to the defense because he was present “when plaintiff’s limb was first set, and knows that it was [done] properly . . . .” Likewise he was there when the leg was examined several days later and “saw that it was right then . . . .” Freese had also taken part in the consultation at which the doctors decided not to take immediate action in the hope that the bone “would improve without rebreaking.” And no other witness, the deposition concluded, could so knowledgeably testify to the correctness of the doctors’ efforts on the day that the attempt was made to break the bone’s adhesions. Judge Davis–assured that Freese’s testimony would be available at the next court term and that “this application is not made for delay, but that justice may be done”–again granted the continuance at the defendants’ expense.

Lincoln, William Herndon noted, possessed a “keen sense of justice, and struggled for it, throwing aside forms, methods, and rules, until it appeared as pure as a ray of light flashing through a fog-bank. . . . [W]hen he had occasion to learn or investigate any subject he was thorough and indefatigable in his search. He not only went to the root of the question, but dug up the root, and separated and analyzed every fiber of it.” For this kind of effort, Lincoln, who was always handling several cases simultaneously and who was, during the mid-1850s, heavily involved in politics, required the time that the two continuances provided.

Before Fleming vs. Rogers and Crothers finally came to trial in the spring of 1857, Lincoln had sought instruction from Dr. Crothers in the more technical medical aspects of the case. Using chicken bones to demonstrate his points, Crothers described the chemistry of bone growth and the organic changes that take place in bones during the aging process.

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