New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-06

-iudyi, With Judge Ty"obridg-, the question waz
.ugL e,t.d &C. aid made a brief Il the au'hCiiie-,
which harper I'd ia have brought here with me- aud
| found The bu. k IL Judge Ellsworth library.
III. ether snecioie ny father was fond ii telling
az On illustration e the assistance these nOes had
given Linz He I.eItios.cd il ~ Mr.. Webster, when
lie wa a -iudeit in B,rion; and by Mr.. Webster II
We, often r.,,eaied "Wlilc was -tu yrc 1T Byf IA,
Judge Trovtridge sad 90 me- that he though, the
Irsctce oftbe II glib coDHon Law courts, i'll requr-
iIe ITO,f'fa viii d-viHg reel estate ~h-n-ver VA
~ lie used in Il Oe courts IN uppprt If title should not
be held ~ applicable here, because FROM the na'lre
ard practice Of courts Of probate, and tGeir reis-
tior 10 ,iher rcurts, the origrnl proof in probate
ought 10 be suffceLi and conclusive; and II the viii
subs. quenily wanted evidence "a another court,
mere reo'Td g. the Judgment AID decree # probate
81, nd he er"ugh, aud indeed all that cHBd there be
rtoiyCd, because those iuqaines which precsle
probate belong exclusively 10 cont Of probate
ACc0rdiI ely, ! examined this question, aud FniIie
NY hri,f, aid fled i; away. Almost the first ca-e
h6d in court presented ths question. vas only
iu,,r sci ard ny senior Wa ore Of The leadlng
l,vy.r.,ftle day We needed &, Use a will which
.ceived pr, bait; but The wtbe---s by whom We
could lIoVe arew, an the English fashion, we're an
.ai.ctedly ab-eut. ] suggested 10 my senior that TIN.
rGw prcCi was unnecessary 'NObsense sail he,
81 oil make TO such point as that May J. tnen
tl,d l. Yes, but 90 yOur own responsibility. made
u e point. Tie Court said the practice was uriiOr"iy
tcnitst me- here as vel! Ergland-ihey had no
d, uh ab, ~ II but If wl-d 10 be head IN support
Of n few views they wOnld hear me. Wher"npon
err, ID from ny bret AID u-t well ~ if had hal
moth # preparation sati-ied tine Court succce ei
il u poii T. and gained m"st uuder-rvrd reputation
for II uiveOus readress and un versal knowledge. And
fond the Effects Of this IN the immediate Increase Of
u Y butiueff."
His memory was no less remarkable than his
habits Of research /. was, however, memory for
fact. and principles, rather than for words He
could seldom remember the names Of persons, and
this inability led "a on amusing habit:
lie wes ept 20 clarity persons, and apply to all OF
enCb kind some nauc fixed ia his mind blonging -
t.n. ILus soor after his marriage, he used to deal
with n Mr.. Patch Cf Essex COuLty-I thIdk al the
town # IT,, wic fr hor-es, aud always siierward he
called eV'Iybody he dealt With sb"ut horses ny lnnt
rbuc Wien was btY, he bought horses OF Il Mr..
Trak IN Boston; and have often heard him call him
" Paici %; and when ny older brother, who was
little fcaldGized by ilis would tell him, more than
once Father, this is Mr. Trask, not Mr. lafch,' the
aItwer wHs No after, my SON Patch does Just az
veil" a. d. well or ill., it continued TO do service for
Tuk.
An instance is related by Chief Justice Joel
Parker, that occurred in Hillsborough County,
n. H.. sCme seventy years ago, which illustrates
,le strength of his nlel,tOry for facts aud princ
ples:
lie Ind argned a there, and got a verdict. The
lo,I laIiy ,laiu eu review, ami the case was tricd
o. ain he iext year. My tn her was retained TO argue
i, nc MI, but delay Occurred, ana ne came 'o
I
uctts were closed all hut his own, and the counsel
with him was jrcIarirg to speak for him. lie SAID t.
n faier At oIce tlht lac DIust argue The case But
L,w car that be ] know nothing OF the evidence,
ar tLe no Is or questions raised" lie then told
ri nj tL.y were sut-ta italy the they we're the
wear before aud upon this statement, aud trusting 10
lis memory only lac argued the case again, and again
obtamed avordW.
One source of his profitable practice is thus de-
scribcd:
Ills early success promoted by his making hun
nnsteI If the law If prize and admiralty, OF which
lew LAWYERS then knew anything. | think he did
ls f,,an al iitin alton from Judge TrUwbIidge, that
i in b arch Of business would probably be made profit
.blt Ly the events Of IL fact, he had almost the
no n'l oily Of il; aLd il was very profitable 'hier,
n, M all can learn about it, that the late Governor
sullivan Judge Lowell, and my father were The only
,ltchoiig lawyers WHO had much kn9wieHSe VI ms
n t.r.stg &. psrtn e,t If the law. They certainly
v, a.. MASTERS ii it, Ny mother used to speak oil the
prize tines" which lasted but year ~ two after
her marriage, as the most prvltaoe, IA her view,
vi ich the had ever known. the clients go, thcir
,t,y easily and spent it easily. She used Ia show
M nv boyhood Il chest or box, such, suppose
as used "a be called s'rong'box, w'nch served !"
u day ouy asa tee-ches' Bu' II hah iVck Yi pycu-
,r stft NTH ard think Intended to hold vana-
bes A, all events she sand my father kept Il III her
81, sci. and PM therein bullion ,r cuiu when he received
IT, and sLe had seen II neaf'y full. We have now IN
IL. fanny dozen heavy, silNer'gii spoons, that
aser Il privnteer, tfter paying my father oiii,
II rsw tito hCr lap shc sat III his Once which was
slyrys in lis house ard occasionally resorted o by all
the mGn bers Of his family, " because, sdIi the
,lilor IL don't think tue squire has charged me han
CLCuCh.'
With al his professional gravity he bad an III
,iucLc love of fun, and was never so 70 turn his
vii to practical account. OF this Professor Far
sons relates the following instance:
James Sullivan, si,.rward Governor al this state,
war %, ts,u 10 my father III case aud there wns
n,u little war uf words, IL winch MY tihtr i"r that
TN cot the better; which, hy the way, dd not always
Latjtr, tr SuilNG was all "uie nai "hd very r'a.!
Son AFTER, my atLtr Was arguing 10 thc jury MI
Sui !, all T. lea Int Fl chalk ynS Vn the taO!e, anh
to,k up lis UppUtcnts broad hiHu'ed black lai "ud
wrote tron II, "1lis is the hat Of damned rascA',
a.d lnid IT down again, after showing II to The bar
Tl,Ie Was .,ne snnh X perhaps audible -ini'ns-
Erny father turned round, AID rs lis eye eil ga ne
Int l., iesd the words. lie instantly stopped Ia his
a. Gun It, and turning I" tie C"uli, and rNhhitl"g
n . hat snid MAY It please your Honor, crave the
li.t,clCu OF The Coun. Brother sullivan mas been
stealing n h.i aud with X lis own halne On It,
Another snccdoic of similar import was eisen I"
tie author by the Hon. Charles l.. Phelpr
"Your father had been ut Hartford business, to-
wGra tic ,uG Il Winter. lie got through oh Saturday
mrhi and there we're sgLs that Winter was break
Up atd he in close carriage al runners, there
wss ai ger delay, hId lac prepared ~ leave on sun
day. Tie mlkc,loT told han 40 would 'cit"lniy he
hItsttd; but stoIm had ret ~ aud he cJhc1uded 10
take liz Glance aud began the journey. Aier gong
lev lilies the 'tithugu Az, officer charged with
ihis called, came up and "f'efcd MN u stop
cur a. asko Ls authority, &c., aoi, being sails
he0 Oh Il Gee pUlts sa, he shVuiu certainly obey the
law. and .vr; and directed hi, diver to ura" ny 10
q, side If tie road Ga>ten the rens where he could
rrh irUni wlt!!u aud come Inside lie nthHS-
n Al j, oUireu vi al all this meant. Ii neaus sand
ie that the law authorizes YUu 10 stop NE and You
lave stepped ne, and here intend to stop But
want y,u To- turn back with me-. Perhaps So; but
"a, ten Ia ao what the law requires. You say that you
Lave suth,iliy 10 stop me. Very well, You have