Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-10-30
From the Indiana Daily Journal.

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"REMINISCENCES By THE HON. O.. II. SMITH
yield this sketch at the request of my young friends
to the legal profession:
With some preparatory study and thrtyseven years
practice in the courts of the State and of the United
States it may be presumed that the subject touch is
somewhat familiar to me- and as the title of the sketches
indicate that they or less directed to the BAR
this will be considered appropriate The profession
of the law is of high import and of great responsibility
involving more for deep reflection and mature consider
alton before it is entered into than any other Why is
it that so many of the profession fall by the waysde?-
Why so many hangers to the skirts of the profession
Why so many who never reach medium position at
the bar? Why so few who acquire wealth and fame in
the profession These important questions which
the young designing to make the law his profession
the father who thinks of the profession for his son. the
young professional man. and even the more aged prac
titioner, is more or less interested.
It not generally understood that the profession of
the law one of the most aborous that man ever
engaged in that the proper preparation OF the mind for
eminent success is found only the few, and when found
with the proper habits integrity and industry success
will certainly follow that effect will follow cause
There never greater in fact than that COM
mted by devoted parents when selecting professions for
their sons The most feeble the tenderest and those
who supposed to be unable to struggle physically with
the outdoor abors of other professions, trades occupa
tons and businesses consigned to the secusiOn of
professional Office My experience and observation teach
me that all such should be directed in their youth to
some active outdoor employment, trade or avocatlon
giving constant exercise to the body and mind The stu
dent at law cannot have too firm constitution his chest
and lungs cannot be too much expanded his voice can
not be too clear and strong, his health too good
If he practice the profession only half long have
he wifi find that he will have for all the bodily quail
fications | have named.
Good common sense is essential. 1t is the foundation
upon which the supersructure of education must rest
and if it is defective you may build the supestrucure
to the skies and it will crumbe and fall If Nature has
not done her part to make the lawyer i'll vain will he
struggle to sink at last in other profession
cation which Nature has designed him for The stu
dent should have good sound English education; he
should spell WE'LL and understand the principles Of arith
metc and English grammer. The higher branches may
be added but do not hold that in this country know
ledge of the dead languages and familiarity with the
classics is essential to the student to his sue
cess practitioner, although do not object to their
study where favorable opportunity has been afforded
but | do mean to say that have known many gradu-
ates of colleges who deficient in the English de-
parment of their education to be disqualified for stu
dents in my Office.
A fine looking young man called upon one day,
desiring to study law with enquired of him as to
his education. Il graduate of an eastern college
understand Latin Greek and Hebrew | stood number
two in large class of graduates Do you spell wel?
presume so, but 1 never thought much of thai"
" Spell balance" Balance" THAT will not do.
Do you read well ?" " Certainly" Read this" My
name is Norval on the Grampian hills What was
his name off the Grampan hills? Do you write we'll ?''
is No, never could write much indeed, | tried
to learn Our great men East can scarcely write their
names SO that they can be read" :" Let me see you
write" He scratched off some carcatures looking like
Greek or turkey tracks That is sufficient your edu-
cation too imperfect for lawyer the dead languages
may be dispensed with, but spelling reading and writing
cannot be- advised him to go to one of our common
schools and begin his education over again. and he might
vet qualify himself for the study of the law.
The license or diploma to practice obtained is the
test time in the life of the young lawyers fine
thinks that the license qualities him. that his studies
ended that he then indulge his upon the cush-
Toned sof smoke his scented cigars cultivate his whis-
kers and mustaches drive his fine horses give his wine
parties spend his nights at the card table, and still be-
come eminent in his profession, he will be disappointed
in the end His license will prove his curse and he will
9 sink to his grave unnoticed and unknown lawer-
On the contrary if he views the matter in the proper
light that his license is only intended to authorize him
to unite the study of the books with the practice of his
profession that he just entering upon his studies that
to end but with his life, that he will be every
day better and better qualified to read and understand
he may with proper habits and perseverance rise high
his profession. After thirtysevcn years of reading
and practice, feel that am, it were Just beginning
S to learn my profession
The student will learn he enters the court and be-
gins to try his that the learning of the books alone
will not sustain him without knowledge of the world
of men and things He will have occasion every day
to draw upon outside knowledge and to bring to bear
the circumstances that surround him upon the of
his client He should come to his case thoroughly pre-
pared with the facts and the law as both court and Jury
ignorant of his He should be ready to place
it fairly and truly before them To do this his library
should be looked to to the law and his client should
be examined and crossexamined as to the facts and
then held responsible if he should have stated them too
D avoraby to himself, as too many will do. The lawyer
should maintain the strictest integrity and the incest
sense of honor His character is his capital No per-
sonal security is required of him by the public His
faith his honor stand pledged and if violated he is
bankrupt and his profession only points to his disgrace
young lawyer has it in his power to surround him.
self with friends Or cut himself off from the sympathy of
his brethren If in his intercourse his arguments his
competitions with the other members of the bar he treats
them with the respect and kindness he would like them
to observe towards him, it will be reciprocaed and his
practice will pass smoothly and pleasantly on. The
golden rule applies with great force to the bar The
members perhaps too sensitive always ready to
pei supposed aggression and frequently disposed to car
ry the further than the occasion warrants But
let the practitioner the character of the hyena
and he will always find that there lions and tigers in
the menagerie as we'll as those of his species
The great point to be considered before empanneling
jury is to make up the true ISSUE to try the merits
of your case to which your evidence applicable so
to give your client the full benefit of his cause of action
and defence The right of challenge of jurors for cause
will Of course be seen to by the practitioner The per-
emptory challenge, although valuable right should be
exercised with great caution In one case my client
went to the pententary because peremptorily chalcn
ed the only juror that knew the prosecuting witness
and who would have saved my client, who after:
wards clearly shown to be innocent challenged the
juror because thought he did not like me, I had ar
n gued case against him. At another time had taken
the jurors they were standing up to be sworn when
saw one of them wink at the opposite party challeng
ed him. and feared afterwards that had saved the case
: my client by it.
In questioning and crOSsguestonng witnesses counse
frequently do great injustice to the witness without r
the least benetting the The jury is composed
men in all respects like the witness and IF hc