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The first adversary whom he challenged was James Clark, whom he sued for scandal, and in whose case he was content to accept a non-suit; alleging, however, that this untoward result was not so much brought about by the weakness of his cause as by the faithlessness of his attorney.
And the overt bearing manner in which this policy was sometimes carried out left as much bitterness behind as the object it aimed at. It is alleged that the Italian delegates were treated with an economy of consideration which bordered on something much worse, while the arguments officially invoked to non-suit them appeared to them in the light of bitter sarcasms.
"You have not given a notice to produce them, eh?" he calmly whispered to his client, and was answered with a disturbed air in the negative; and all the court saw that Sir William was in the very jaws of a non-suit.
Then the Claimant's advisers, to avoid the inevitable verdict for their opponents, elected to be non-suit. But, notwithstanding these tactics, Lord Chief-Justice Bovill, under his warrant, immediately committed the Claimant to Newgate, on a charge of wilful and corrupt perjury.
By a trick Overbury contrived to smuggle a letter through to the honest Archbishop Abbot, in which he declared his possession of facts that would non-suit the nullity action, and begged to be summoned before the commission. Overbury was getting better of the sickness which had attacked him when suddenly it came upon him again. This time he made no bones about saying that he had been poisoned.
Yet there are engineers who will and can confound these principles before a court of law in such manner as to win for their clients a decision of non-suit where the facts point glaringly to infringement in the matter of mechanics or to win for their clients a favorable decision in the matter of costs of maintenance and operation of a railway, in a case of this kind.
The bailiff returned with the message, and Lincoln's client suffered a non-suit. It was Lincoln's way of saying he wanted nothing more to do with such a case. Lincoln would never advise clients into unwise or unjust lawsuits. He would always sacrifice his own interests, and refuse a retainer, rather than be a party to a case which did not command the approval of his sense of justice.
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