New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-03-22
NEW ORLEANS:
TUESDAY MORNING, MARCH q, 1851


the court house, Il found the court in session.
The clerk LAS just reading the minutes. My
easel Gag 'aell speak in the singular--was the
first set 5adesae docket for thct morning ]
looked around and saw old Kasm, who somehow
had found out that was, in the case, with his
green bag and half library of old books on the
bar before him. The old fellow gave me look
of malicious pleasure--like that of a hungry
tiger from his lair, cast upon an unsuspectng
calf browsing near him. had tried to put ON
n bold face. | felt that it would be very I'M
professional to let on to my client that was at
all scared, though my heart was running down
like n lack screw under heavy wagon. My
conscience had not rracticed it away then
was not quite easy. couldn't help feeling that
it was hardly honest to be leading my client.
like Fallstaf his raen, where he was sure to be
peppered But then it was my only chance
my bread depended on it; and reflected that
the same thing is to happen in every lawyers
practice. j cried to arrange my ideas in form
and excogitslte speechs they fitted through
my brain in odds and ends. | could neither
think nor quit thinking ] would lose myself in
the first twenty words of the opening sentence,
and stop at a particle; the trial run clean out.
wo'Ald start il again with no better luck then
l Thought moment of the disgrace Of dead
break bown and then would commence again
with, g Gentleman of the jury" etc., and go on
as before
At length the Judge signed the minutes, and
took up the docket especial case-Higginbo-
than Us. Swink; SANDER. Mr.. Glendys for
plaintiff, Mr.. Kasm for defendant Is Mr.. g.
in court? Call him, Sheriff. The Sheriff
called three times. He might as well have called
the dead. No answer, Of course came. Mr..
Knsm arose, and told the Court that he was
sorry his brother was too much (stroking his
chin, and looking down and pausing) indisposed.
or otherwise engaged, to attend the case; but
he must insist on its being disposed Of, etc; the
Court said it should be. l then spoke up
Though my voice seemed to me very low down,
and very hard to get up,) that had just been
spoken to in the cause. | believed we were
ready, if the case must then be tried; but l
should much prefer it to be laid over, if the
Court would consent, until the next day, or even
that evening. Kasm protested vehemently
against this, reminded the Court Of peremptory
order; referred to the former proceedings, and
was going on to discuss the whole merits of the
case, when he was interrupted by the Judge,
who, turning himself to me, remarked that he
should be happy to oblige me, but that he was
precluded by what had happened; he hoped,
however, that the counsel on the other side
would extend the desired indulgence; to which
Kasm Immediately rejoned that this was case
in which he neither asked favors nor meant to
give them. So the case had to go on.
Several members Of the bar had their hats in
their hands, ready to leave the room, when the
case was called up; but, seeing that l was in it
alone, suffered their curiosity to get the better
of their engagements, and staid to see it out-a
Circumstance that did not diminish my trepida.
ton in the least.
1 had my witnesses called up, posted my eli
snt behind me in the bar, and put the case to
the jury. The defendant had pleaded justifica-
ton, and not guilty. l got along pretty well.
l thought on the proofs. The cross-examination
of old Kasm didn't seem to me to hurt any thing
'hough he quibbled, misconstrued and bullied
mi, -htily-objected to all my questions as lead
inc, and all the witnesses answers as irrele-
want h ut the judge, who was very clever sort
Of man, and who didn't like Kasm much,
helned me long and over the bad places, occa-
s;npallv TAXI, " the examination himself, when
Old Kasm had ,yot the statements of the witness
in a fog.
good Characteristic the lodge of Masons had
refused to admit him 10 fellowship until he had
cleared up these charges; that the Methodist
Church. Of which he was class-leader, had re-
auired Of him 10 have these charges judicially
settled that he had offered to satisfy the de-
PENDANT that they were false, and proposed to
refer it to dsinterested men, and to be satisfied,
If they decided for him, to receive written re-
n ,ction, in which the defendant should only de-
clare he was mistaken that the defendant re-
fused this proffer and reiterated the charges
& with increased bitterness and aggravated in
suit; that the plaintiff had suffered in reputa-
ton and credit; that the defendant had declared
he meant to run him off and buy his land at his
defendant 0iRIEs rice; and that defendant was
rich and ofteif repeated his ISLANDERS at public
meetings, and once at the church door, and
Fl, ally, nor justified
~, defendants testimony was weak; it did
not On, Strovert the proof as to the speaking OF
tbe words or the matters of aggravation. Many
,y;tnaases w, IRE examined as to the character OF
the nlaintiF; but those against US only referred
to what they hao heard since the ISLANDERS, ex-
smoke of butchering hogs at night and hearing
tbem soueol at a late hour at the plaintiff {
SLAUGHTER house, and of the dead hogs they had
seen with various marks, ana something oil hogs
having been stolen in the neighborhood. This
was about all the proof The plaintiff laid his
damages at ten thousand dollars:
rose to address the jury. Gy this time q
GOOD deal of the excitement had worn off. The
tremor left, only gave me that sort OF feeling
which is rather favorable than otherwise to
public speaker
might have made pretty good out Of it, il
/ had thrown myself upon the merits OF my
case, acknowledged modestly of my own mex
perience, plainly stated the evidence and the
law, and let the case go-reserving myself in
the conclusion for spt,Tge, if l chose to make
one. But the evil genius that presides over the
first paintings of all lawyerlings, would have il
otherwise The citizens of the town, and those
of the country then in the village had gathered
IN great numbers INTO the court-nouse 10 neal
the speeches; and could not miss such an OPP
portunity for display.
Looking over the jury, found them plain
matter of fact looking set Of fellows; but dit
not note, or probably know fact or two about
them which found out afterward.
started, as thought, in pretty good style
AS went on, however, my fancy began to ge
the better Of my judgment Arguments ant
common sense grew tame. Poetry and decla
nation, and, at last, pathos and fiery invecty'
:, their place. grew as quotations as Rich
aoo '~iveller. Shakespeare suffered. Iquotet
aru ., Nther things of less value and aptness
ssW no "teals my purse steals trash," etc.
- VIZ" oF ~ Soful sufferings of my poor client
ost II heart .br ken beneath the weight of thu
terrible persecutiol, Of his enemy and, growing
holder rned on kssm and ID s GUngratd ha
ted the jury that the genius Of slanden ha'
found an appropriate defender IN the genus =, o
chicane and malignity. compllmentea IN I'M
Jury on their patience, on their estimate OF tn
value of character; spoke of the pubic exPec
tations, of that feeling outside OF the poX Whici
would welcome with laundering plaudlts tl'
righteous verdict the jury would render; an(
wound up by declaring that had never know
a case of slandor so aggravated in the course
my practice at the bar and fe!icitated mysel