Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-04-11
From the Wheeling Intelligence''.
PHILIP DODDRIDGE AS A LaFVYER
From an Unpublished Sketch Of his Life
and Character.
BY G. l.. CRANuER

FROM an CWDUObtSHeU bhctCUU Hto HJo
and Character.
BY G. L. cRANMEE.
Chief Justice Marshall on one occasion
remarked that ''Philip Doddridge was
second to no man in the State Of Virginia
as an able and learned lawyer
He indeed must have been an individual
of no ordinary calibre, who could command
such need of praise as this from the Ju-
piter Tonans of the bar.
Our present purpose is not to enter into
a general disquisition concerning his quail
ties and abilities, but rather to illustrate
them in brief manner, by reference to one
or two cases in which he was engaged in
our own city, and which, at the time, were
the subject of general interest and anxiety,
rendered the more so perhaps by the pecul-
lar circumstance attaching to each
The first one to which we refer, and the
only one to which we shall refer in our pre-
sent communication, was that of the Com
monwcalth VS. Robert j. Curtiss, for libel
This case is rendered the more remarka-
BILE from the fact that at the time party feel
ing was running extremely high, and the
jury who sat upon the case were equally
divided in politics, it having been purpose
ly so arranged.
The prosecuting witness in the case was
one Carter Beverly, who at the time was
charged as being political emissary, whose
purpose it was thought was to effect, SO far
as he could by his influence secure it, the
election of General jackson.
He remained in Wheeling for several
months during this excited political canvass,
which has been rendered memorable as one
in which both the friends of jackson and
Clay put forth the most prodigious exertions
to secure the election of their favorite
Some difficulty growing out Of the excited
political feeling of the day had occurred be-
tween Beverly and Thaddeus B. Robinson,
ESD, young man and a practicing attor
ney at the Wheeling bar; and a spirit Of
elimination and recrimination was INDUCED
in on both sides to a considerable extent.
Robinson was q gentleman Of warm i'm
pulses, and an ardent advocate of what he
deemed to be right--of fine accomplishments
and great legal acumen.
Both parties were brought into a high
state of evaporation, and finally Robinson
published card in the Wheeling Gazette,
which was then edited and published by
Robert J. Gurtiss charging Beverly with
being political emissary for Gen. jack
son, and seeking uniustly to tarnish the fair
fame of Henry Clay, by calumniation.
Beverly at once instituted legal proceed
ings against the editor of the Wheeling
Gazette, on charge of libel, founded upon
the publication Of the card above referred
to.
In the month of August, 4. D., 1927,
the grand jury for the county of Ohio found
a true bill against Curtiss, and his trial
came on in the county court in November
following.
Mr. Doddridge, who had been retained
by the defendant as his counsel, upon the
calling of the case offered plea of justifca-
ton of the words published, which was de-
INJURED to by the prosecuting attorney,
SamuelSprigg Esq, in which there was re-
joinder. The court. however. sustained the
demurrer.
During these preliminaries, the crowd
had increased to such dense mass in the
courtroom, that it was almost suffocating
Numbers, too, who were denied admittance,
by reason of the crowd which was already
on the inside, remained waiting upon the
outside, conversing either upon the probable
result of the trial, OR the array Of talent
which appeared in the case.
After the announcement by the court OF
its decision to sustain the demurrer, Mr..
Doddridge turned to the jury, and remark
ed: "Gentemen, | am clearly of opinion
that the court has decided against the spirit,
if not against the letter of the law, and as it
will not permit the defendant to prove the
truth of the libel, which he is fully prepar-
ed to do, in the mitigation of damages, I'M
der the plea of justification, we will there
fore plead-"not guilty"
After the evidence on the part of the
State, and the defence had been submitted,
and Samuel II. Fitzhugh, Esq who was
assistant counsel for the prosecution, had
closed his opening argument, Mr., Doddridge
slowly arose to reply.-Every eye was fas-
tened upon him. In calm and dignified,
and, at the same time, convincing manner,
he answered every important point in the
argument of the opposite counsel and then,
in an elegant historical review of the law OF
libel, and the changes to which it had been
subjected from the time of Charles |. down
to that period, he wrought chain, by the
magic power of his eloquence, which he
threw around the attentive minds of the
Jurors, and electrified the riveted attention
of the vast crowd, who had been intently
listening to the progress of the case.
His argument consumed about one hour
and quarter. So powerful and effective
were his remarks ON this branch of the law
and so insnuating and successful was he III
presenting it that the refusal to permit a plea
of justification was principle which grew
out of the character of the odious Star Cham
Der, and would, if recognized for any length
of time, be the means of crushing the free
dom of the press, thus presenting it in the
most glaring and revolving doformity, that
the indignant feelings of the vast crowd
were fred by the earnestness of his manner,
and the enthusiasm of his language. With
out leaving their box, the jury at ouce init
mated to the court that they had made up
their verdict.
Accordingly, they prepared it, and hand
ed it to the clerk, who, amid the most pro-
found and solemn silence of the vast assem-
blage, read aloud, in calm and steady
II