#5) Home of Dr. Hiram Rutherford
This is the exact
point and structure
Rutherford Home, Oakland on Rte. 133
This was the home of Dr. Hiram Rutherford, who was involved in 1847 in a case in
which Abraham Lincoln represented a slaveholder. This house still stands in
Dr. Rutherford and Gideon Ashmore harbored a family of slaves who had sought
their help. The slaves belonged to Robert Matson, a Kentuckian who had brought
them north to work on his farm. While the slaves were being sheltered in Gideon
Ashmore's tavern, Matson obtained a court order to have the slaves jailed.
Rutherford and Ashmore sued out a writ of habeas corpus for their release.
Matson then hired Lincoln. The Circuit Court, after a hearing, freed the slaves.
Matson hired Lincoln before Dr. Rutherford and Gideon Ashmore did, therefore,
in this case Lincoln actually had to defend a slave-owner. Somehow, Lincoln
lost this case.
narrative description of the Matson Slave
was an altercation at the Matson farm (near Oakland, Il) one day in 1847
where Matson's housekeeper threatened to have Jane Bryant, wife of
overseer Anthony Bryant, shipped back to Kentucky and perhaps sold into
slavery deeper in the South.
Jane Bryant suspected that the housekeeper was capable of carrying
out her threat. Her husband arranged to have Jane and their four
children sheltered by the friendly owner of a nearby inn, Gideon M.
A local doctor, Hiram Rutherford, also took an interest in helping
the Bryant family. Matson first tried to persuade Jane Bryant to return
to his farm and then tried to get the courts to intervene on his behalf.
He engaged Democratic attorney Usher F. Linder, who was a friend but
political opponent of Mr. Lincoln. Linder was unsuccessful in getting a
judge to return the escaped slaves, but the justice did order them kept
in jail until further legal proceedings could decide their fate.
When a habeas corpus hearing initiated by the Bryant family' white
allies was hearing in Circuit Court, Mr. Lincoln joined Linder on
Matson's side, when Mr. Lincoln arrived in Charleston to conduct other
legal business. [Lincoln hated slavery, but took on the case with
The time arrived for holding the Circuit court at Charleston and
Lincoln came with the Judges. Linder secured Lincoln to assist in
prosecuting Matson's case against Dr. Rutherford.
Dr. Rutherford, who knew Lincoln well, rode to the county seat to
employ him in his defense. Their views on slavery were in accord, and
besides his friends advised him to secure Lincoln his lawyer.
"I found him at the tavern sitting on the veranda,' Rutherford
relates, 'his chair tilted back against one of the wooden pillars
entertaining the bystanders and loungers gathered about the place with
one of his irresistible and highly-flavored stories. My head was full of
the impending lawsuit and I found it a great test of my patience to
await the end of the chapter then in process of narration. Before he
could begin another I interrupted and called him aside.
"I told in detail the story of my troubles, reminded him that we
had always agreed on the questions of the day, and asked him to
represent me at the trial of my case in court." But Lincoln hesitated.
"He listened attentively," testifies Rutherford, "as I recited the facts
leading up to the controversy with Matson but I noticed that a
peculiarly troubled look came over his face now and then, his eyes
appeared to be fixed in the distance beyond me and he shook his head
several times as if debating with himself some question of grave
Lincoln replied 'with apparent reluctance,' that he could not
defend him, "because he had already been counseled with in Matson's
interest and was therefore under professional obligations to represent
the latter unless released."
ABE LINCOLN was hired to be on the side of Matson, the slaveholder.
Dr. Rutherford was angry and said things to Lincoln in a "bitter
tone." Later in the legal proceedings, Lincoln was allowed to leave
Matson's side, but it was too late. He couldn't take the side of Dr.
It was too late. The irate young Dr. Rutherford would now have nothing
more to do with Lincoln and, instead, employed Charles H. Constable. So
Lincoln agreed to appear for Matson as associate of Linder, Matson's
Script for an Original "Play" for School by Howard Taylor
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