The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1859-08-13

g tasIvs r 3 81 6SIt1s ID, 1lfsssh
ine WidA ~ Non rsnenber how in loud
an1 nIIng asents, be swept q glory thru
the nAx ofhe imagery ard afgpn ent by
ibis aatonishifS comparison Of The df5 .eoode
nanit anhzupsyx So have heard, thae
the va5t poeoeooi0ns Of Ooxnnder The Con
qusrsr crumbla awtS In dying Gymnastics
in heunsqual hands q his weak hc(rs. =
The peroratou Of ons Of bic arauments, sAs We
now recall il from the memory. after m interval
Of nine years, vas Al efectng illustration Of the
tender and beautiful traits Of his speaking. Il
was An Argument to single judge sitting with
out . jury, 10 hear libel for divorce. Daniel
Wsh0tsr Was on the other side, and be support
ed ne husband's petition for divorce on the
ground Of the alleged wrong Of the vile
Choats defnpdsd the wife on the ground that
the principal witness was not be believed, and
that the wife was falsely accused by the hus.
band. Who, perhaps, was impatient Of the
matrimonial chain. He wound up . clooA and
clamorous attack upon the witness who swore
to certain improprieties Of young man with
the lady, his client, by the vehement declaration.
that il this we're true, " That young man is
the Alcibiades Of America" this be uttered with
vehement aud impassioned energy, fire in his
eye and fury on his tongue !" and then be made
. full stop be looked into the stern, grand face
of Webster he looked ct the scouting husband
and she fearful wife; he looked at the solemn
Judge; his eyes seemed to mosten with his
thought, and presently . grave calm, and
plantive tone broke the deeptstillness; Whom
God hath joined together, let NO man put
asunder. beseech your Honor, put not away
this woman from her welded husband, TO whom
she has been ever true, but keep them still to-
gether aud ere long some of the dspensAtions
Of life, some death-bed repentance of false
witness giving up her falsehood with her dying
breath, some sickness. some calamity, touch
ing this husband's own heart, shall medicine
his diseased mind, and give her back to hsppi-
ness and lover" The subduing gentleness aud
plaintive beauty Of this appeal to the stern
Judge sitting silent before him was made more
marked by the bold strong way in which Web
ster, who instantly rSse to reply, began his
argument. Fors consci06s, apparently. OF the
strong sympathy which 0hoate had raised, he
launched heavy blow at this feeling at the
outset. He opened by very powerful but un-
polished and inharmonious comparison of the
husbands fate if not divorced, to the punish.
ment recorded in history of dead and decaying
body lashed forever to the living and breathing
form OF the condemned criminal. The impas-
stoned prayer of the wife's advocate, however,
was destined to prevail.
We once beard lawyer who had often heard
Mr.. Choate speak, declare that the finest exhibit
ton of eloquence he ever heard from him was
in little country Office, before Judge of Pro
bate, upon the proving of will. 1t was q
Winter morning, and the Judge sat before
the fire, with his feet up in the most careless
ma&ner. He evidently had great contempt
f0, l;ad - Las
resolved to have none of it; SO turning up his
head, as he saw the counsel for the heir looking
at pile OF notes he said in the most indifferent
WY, "lf you've any objections to make, Mr..
ChOate, just state them now" The idea oil
asking Rufus Choate to just state anything "
Choate began in the most tame manner be
could assume, by running over few dry legal
saws and some musty aud absurd principals OF the
| law governing wills. The old Judge began to
prick his ears; soon the argument advanced
| from a mere legal principal, TO q triAing and
telling Illustration Of it, couched, however, as
| far possible in legal phraseology the Judge
| gave more attention, and the advocate enforced
the illustration by very energetic argument,
but not yet howery and speedily the Judges
legs came down, one after the other. bis body
turned round, and his eyes were fixed on the
speaker, and at last!ss be rose into his congenia
and unfettered field Of argument, and pictured
with flaming passion the consequences to the
whole domestic and social state OF New Eng
land, if the construction for which he con-
tended should not be applied to the wills of the
farmers of New England, the Judge fairly
nodded in admiring acquiescence and the un-
| equaed advocate carried the case and the tr
bunal at the point OF the bay oneI
We saw him once walk right up to a jure,
who sat on the front seat of the Jury box look
ing doggedly incredulous-right up close to
him he walked and bringing down his clenched
fist almost in his very eyes, Sir" said he, give
me your attention, and pledge myself to make
this point wholly clear to you" The poor mar
looked more crest fallen and criminal than the
accused prisoner. He opened his eyes and hi.
ears, too; one after the other, the
Notifications in which he had ntrenched hi
resolution for verdict against Choate went By
the board, under the resistiess forensic cannon
aiding, and verdict for defendant sealed tn,
success of that audacious declaration.
Choate's c0untenance is by no means thu
looking glass Of his soul. 1t is too sallow
and bilious; the deepest shadows alone ar,
visible in its dark dial. He has, howeve
an extraordinary instrument of gesture, rarei,
if ever precedented; aud that is his legs. Fo
it is a frequent resort of his by way of emphasis
to spring up by bracing all his muscles and set
tie himself down on his heels with a fore,
which often actually shakes the whole Court
room. His voice is rich and Deep not resonan
and metallic, quality which all out door speak
ers must have, but rather wordy aud de!icien
| in s'timble"