The weekly Columbian. [volume] (Columbia, Tuolumne Co., Cal.) 1856-1???, 1856-09-06
The Volunteer Counsel.
TALE OF JOHN TAYLOR.

At an early hour, the 9th day of April. 1910
ed to overfowing. Save in the war times past
there had never been witnessed such gather
ing in Red River county. while the strong feel
ing, apparent on every flushed face throughout
the assembly, betokened some great occasion,
concise narrative of the facts will sufficiently
explain the matter:
About the close of 1889, George Hopkins.
one of the wealthiest planters and most infuen-
tial men in northern Texas, offered gross in
suit to Mary Ellison, the young and beautiful
wife of his chief overseer. The husband threat
ened to chastise him for the outrage whereupon
Hopkins loaded his gun. went to Ellison's house.
and shot him in his own door. The murderer
was arrested, and baled to answer the charge.
This occurrence produced intense excitement :
and Hopkins, in order to turn the tide of popu-
lar opinion, or at least to mitigate the general
wrath. which at first was violent against him.
circulated reports UNANIMOUSLY prejudicial to the
character of the woman who had already suffer-
ed such cruel wrong at his hands She brought
her suit for SANDER. And thus two causes, one
criminal and the other civil, and both out of the
same tragedy, were pending in the April court
for 1910.
The interest naturally felt by the community
as to the issues. became far deeper when it was
known that Ashly and Pike OF Arkansas and
the celebrated S. S. Prentiss. of New Orleans.
each with enormous fees, had been retained by
Hopkins for his defense.
The trial on the indictment for murder ended
on the sth of April. with the acquittal of Hop
kins. Such result might have we'll been fore
seen, by comparing the talents of the counsel
on either side. The Texan lawyers were utter
ly overwhelmed by the arguments and eloquence
of their opponents. 1t was fight of dwarfs
against giants.
The SANDER suit was set for the 9th, and the
throng of spectators grew in numbers as we'll as
excitement; and, what may seem strange, the
current of public sentiment now ran decidedly
for Hopkins. His money had procured pointed
witnesses. who served most efficiently his pow
erful advocates. Indeed, so triumphant had
been the success of the previous day. that when
the SANDER case was called, Mary Ellison was
left without an attorney-they had all with
drawn. The pigmy pettifoggers dared not
brave again the sharp wit of Pike and the scath-
ing thunder ofPrentiss.
Have you no counsel! inquired Judge Mills,
looking kindly at the plaintiff
No. sir; they have all deserted me. and I am
too poor to employ any more replied the beau
tiful Mary bursting into tears.
In snch q case will not some chivalrous men,
Der Of the profession volunteer p
The thirty lawyers were as silent as death.
Judge Mills repeated the question.
Il WILL your honor said voice from the
thickest part Of the crowd behind the bar. At
the tones of that voice. many started half way
from their seats: and. perhaps there was not a
heart in the immense throng which did not beat
somewhat quicker--it was so unearthly sweet,
clear, ringing and mournful.
The first sensation, however. was changed in
TO general laughter. when tall. gaunt, spectral
figure, that nobody present remembered ever to
have seen before, elbowed his way through the
crowd and placed himself within the bar. His
appearance was problem to puzzle the sphinx
herself His high pale brow and small, ner-
vously twitching face seemed alive with the
concentrated essence and cream of genius; but
then his infantine blue eyes. hardly visible be-
meath their.massive arches. looked dim, dreamy
and unconscious and his clothing was SO eX-
ceedingly shabby that the court hesitated to let
the cause proceed under his management.
Has your name been entered on the rolls of
the State?' demanded the Judge, suspiciously.
1t is immaterial about my name being on
your rolls answered the stranger. his thin,
bloodless lips, curling up into fendish sheer.
i may be allowed to appear once. by the court
and bar. Here's my license from the highest
tribunal in America and he handed Judge
Mills broad parchment.
The trial Immediately went on.
In the examination of witnesses the stranger
evinced but little ingenuity, as was commonly
thought. He suffered each one to tell his own
story without interruption. though he contrived
to make each one tell it over two or three times.
He put few questions, which with keen witness
ess. only serve to correct mistakes; and he made
no notes which in mighty memories, only tend
fo nhorr ho haip cd
az counsel for the plaintiff he had right to the
opening speech as well as to the close; but. to
the establishment of every one, he declined the
former and allowed the defense to lead off,
Then shadow might have been observed to fit
across the fine features of Pike and darken the
bright eyes of Prentiss. They saw that they
had caught Tartar but who it was, or how
it happened, was impossible to guess.
Col. Ashley spoke first. He dealt the jury a
dish of that close, dry logic, which years alter
ward, rendered him famous in the Senate OF the
Union.
The poet, Albert Pike, followed, with rich
train of wit and hail torrent of ridicule. in
which you may be sure neither the plaintiff nor
the plaintiffs ragged attorney was either forgot
ten or spared.
The great Prentiss concluded for the defend
ant, with glow of gorgeous words, brilliant as
the showers of falling meteOrs. and with final
burst of oratory that brought the house down
in cheers, in which the sworn jury themselves
joined, notwithstanding the stern 'orderl orderP
of the bench-thus wonderfully susceptible to
the charms of impassioned eloquence.
1t was then the strangers turn. He had re-
manned apparently distracted during all the
previous speeches. Still and straight and mo-
tionless in his seat his pale, smooth forehead
shooting up high. like mountain cone of snow;
- L. k1~ck Il %xvy,<a h
perpetually in his sallow cheeks, you would
have taken him for mere man of marble, or
human form carved in ice. Even his DIM
dreamy eyes were invisible beneath those gray,
shaggy eyebrows.
But now at last he rises-before the bar rail
ing-not behind it-and so near to the wonder
ing jury that he might touch the foreman with
his long, bony finger. With eyes still half shut,
and standing rigid as pillar of iron, his thin