Mary Lincoln's Insanity Case: A Documentary History

10. Trial of 1876

Chapter 10 Trial of 1876 As June 1876 approached, Mary Lincoln—with the assistance of her brother-in-law Ninian Edwards—continued to push avidly for a second trial, the removal of her conservator, and the return of her bonds and power to control her own property. The records show that Robert Lincoln had no plans to oppose a second trial, especially after receiving advice to the same effect from his mentor David Davis. David Davis to Robert Lincoln Bloomington, Ill., May 22, 1876 My Dear Robert, By appointment Mr.Edwards came to see me today,and I am satisfied,that you had better consent to the discharge of your mother at the end of the year. This is my advice on the theory that her money is squandered by her.She cannot come to want, as the pension of $3,000 will in any event be enough for her support. Mr. Edwards and his wife both believe her to be sane, and that she ought to be discharged. They will testify to her sanity. Can we oppose it? Ought we to oppose it? Can we afford to have a general fuss, which is sure to come? I think she has enlisted Marshal O.Roberts in her behalf who has employed a lawyer in New York to assist Gov. Palmer if the discharge is resisted. Mr. E says she still purchases things, chiefly dresses that she does not need, but he says she always did this. Mr. E does not believe that your mother will squander the principal. She says she intends to spend her income hereafter but not to touch on the principal. I have after mature reflection come to the conclusion that it is better for your happiness to give a free consent to the removal of all restraint on her person or property and trust to the chances of time. And I would suggest that you see the Judge of Probate to ascertain what evidence he needs to grant the discharge. Edwards testimony would be enough. Of course, Emerson_Text.indd 178 5/18/12 3:37 PM Trial of 1876 179 the ten days notice by law you could waive.I have heard nothing from Gov.Palmer. Let me hear from you or you can write Mr. Edwards. In haste, Your friend, David Davis Folder 15, Box 2, Mary Todd Lincoln Insanity File Robert Lincoln to Ninian Edwards May 24, 1876 My dear Uncle: I have today arranged with the Judge of the County Court that on Thursday June 15 at 2 p.m. my mother’s application for my removal as Conservator will be presented to him,—I am waiving all notice and that the matter will be heard at once. The Judge will wish you to testify.There will be no offering evidence.Immediately upon my removal,I will present my account so that my sureties may be discharged and the whole matter ended.I will previously send down to say . . .[illegible] . . .of the account so that . . .[illegible] . . .examined before being presented to the Court. There will be no need of anybody being present except you and myself.You will of course propose a short application under section 37 of Chapter 86 Rev.Stat.and have it signed by my mother. If it were known that the matter were to be disposed of on that day,probably a large crowd of loafers would be on hand expecting some sensation. To avoid this the Judge and Clerk of the Court will say nothing of the appointment. Please be particular about the date for the Court takes [illegible]. Affectionately yours, Robert T. Lincoln LB 1:1:170 “Mrs. President Lincoln: Her Restoration to Reason and Property” Chicago Tribune, June 16, 1876 Yesterday afternoon, in the County Court, Mrs. Abraham Lincoln filed a petition asking that the management and care of her estate, which was taken from her about a year ago by the same tribunal,be restored.Mr.Swett appeared for her,and her conservator, Robert T. Lincoln, interposed no objection, waiving the statutory demand of proper notice. Mrs. Lincoln’s brother-in-law, Ninian W. Edwards, of Springfield, also appeared in the interest of the petitioner. The whole hearing occupied a very few moments, more time being consumed in impaneling the jury than trying the cause. Emerson_Text.indd 179 5/18/12 3:37 PM 180 chapter 10 The petition was as follows: state...