Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1858-07-31
Rufus Choate at the Bar.

No one who has heard Mr.. Chcate before
Jury but will agree that, however much he may
msstate the evidence, and however frequently
he may be set right, he always comes out of a
controversy in better trim than the opposing
counsel. If by any chance he is right, and his
adversary in the wrong, his 81 told you so,
gentlemen" as he restates the argument, makes
every man of the twelve remember his point
if he is wrong in the facts as is not unfrequent-
ly the case he gains ground by frankly admit
ting the corn or by saving, "then the case is so
much the stronger gentlemen of the Jury;" or
by skillfully turning their thoughts to a fresh
aspect of the question. \ good illustration of
this habit is given by the Boston journal of the
23d instant:
"A curious mischancc happened to Mr. Choate
on Wednesday, in the trial OF his insurance cause
with Geo. s. llllard on the other side. He
had been arguing with unusual vchcmence and
labor that the other side didn't dare ask their
witnesses about the slowing and arrangement
of vessels loaded with grain as respects sea-
worthness-a although they made great show
of asking them about vessels generally. Name
one Witness he Numbered out over the head
! should like to hear of one to whom they ask
the question as to grain laden vessels Mr..
billiard quietly said, Capt. - testified in
answer to inquiry upon that very point I'm
possible said Mr.. Choate, Il carefully colatcd
my notes of evidence last night and know
there isn't oac.' After this brief but emphatic
denial, he was rushing on the fiery tide Of his
usual lightning like style of advocacy, when he
was stopped by Mr.. IIillards quietly appealing
to the Court, as to the truth of his having nam
ed one witness who swore directly in the teeth
of what Mr. Choate was saving. The advocate
stopped i'll mid-career, evidently impatient as
racer curbcd, to hear the Judge, who, turning
to his minutes, read in plain language the state
ment of the witness, as expressing the closest
and most deliberate opinion, expressly riM re-
gard to grain rcssels \ general litter began
to prevail and what the speaker could say now
was the universal feeling. Pausing moment,
and giving that peculiarly solemn expression of
face which those who are familiar with him so
well recognize, the great advocate broke the
silence by the simple question, twice repeated,
as if to the Judge, hut really to the Jury, docs
the witness say h0W many grain vessels his ex-
perience embraces-how many, is the important
point. am urging that the experience of per-
sons experienced chiefly ia grain vessels is not
and dare not be asked by the other side And
saying this with great soberness and without
muscle of his rigid features changing, he turned
the attention of the Jury, and, rapidly rushing
into another part of the argument, it was found
that he had led them and the minds of the au-
ditors off from the desperately bad break in the
link of his argument, before they had time to
decide whether it really was true that Mr. Choate
had fallen into blunder not more overwhelm-
ing then it was laughable ANY body else, af-
ter such preceding flourish oftrumpets to have
been so floored, would have been utterly ex-
tinguished by the unanimous mirth of Bench
and Bar. 1t is due, however, to Mr.. Choate to
say that he very rarely makes such trip, or is
so put to his trumps to recover himself'