The south-western. [volume] (Shreveport, La.) 1852-1870, 1859-05-04
The Volunteer Counsel

concise narrative Of the facts will sufficiently
explain the matter
About the close of 1910, George Hopkins,
one of the weathiest planters and most infu-
ential men of northern Texas, offered a gross
insult to Mary Elliston, the young and beauti-
ful wife of his overseer. The husband threat
ened to chastise him for the wanton outrage,
whereupon Hopkins loaded his gun, went to
Ellston's house, and shot him in his own door.
The murderer was arrested, and bailed to an
swer the charge. This occurrence produced
immense excitement and Hopkins, in order to
turn the tide of popular opinion or at least to
mitigate the general wrath which at first was
violent against him. circulated reports unfa-
vorabiy preiudiced to the character of the
woman who had already suffered such cruel
wrong at his hands. She brought her suit for
SANDER. And thus two cases, one criminal and
the other civil, and both out of the same tragedy
were pending in April circuit court for 1910.
The interest naturally felt BY the community
as to the issue, became far deeper, when it was
known that AshIy and Pike of Arkansas, and
the celebrated S. S. Prentiss Of New Orleans,
each with enormous fees, had been retained by
! Hopkins, for his defence.
/ The trial on the indictment of murder ended
on the 9Th of April, with the acquitta) of Hop
| kins. Such a result might well have been fore
seen; by comparing the talents of the counsel
engaged on either side. The Texan lawyers
were utterly overwhelmed by the argument
and eloquence of their opponents.
The SANDER suit was set for the 9th of April
and the throng of spectators grew in numbers
as well as excitement and what may seem
strange, the current Of public sentiment now
ran decidedly for Hopkins. His money had
procured witnesses by whom he could prove
anything, and with the aid of these powerful
advocates no one doubted his success. Mary
| EIIistons lawyers had deserted her and with
drawn; the many petifoggers dare not brave
against the sharp wit of Pike or the scathing
thunder of PrentiSs.
Have you no counsel?" inquired Judge
Mills, looking kindly at the plaintiff.
''No sir; they have all deserted me, and L
am too poor to employ any more, - replied the
beautiful Mary bursting into tears.
I'm such a case will not some chivalrous
member of the profession yolunteer?" asked
the Judge glancing around the bar
The thirty lawyers were silent as death.
Judge Mills repeated the question
II will your honor" said voice from the
tDlCkGSl ptIG Ol tiIC ClOWu SlGuitSb ONlliiiN VIZ
bar. AT the tone of that voice many started
half way from their seats and perhaps there was
in the immense throng no heart which did not
beat something quicker-it was unearthly-
sweet, clear ringing and mourntul.
The first sensation, however, was changed
into general laughter, when tai! gaunt spec
trail figure. that nobody present ever remem
bered TO have seen before, elbowed his way
through the crowd, and placed himself within
the bar His appearance, was problem tt
puzzle the sphinx herself His high, pale brow
and small, nervously twitching face seemed
alive with the concentrated essence and cream
of genius but then his infinite blue eyes, hardly
visible beneath their massive arches, looked hin
dreamy, almost unconscious, and his clothing
was so exceedingly shabby that the court hesi
tated to let the cause proceed under bis man
agement.
HAS your name been entered on the rolls o
the State?" demanded the Judge suspiClously
alt is immaterial about my name being OF
your rolls" answered the stranger, his thin
bloodless lips curling up in sort of iiendlsf
sneer Il may be allowed 10 appear once by
the courtesy of the court and bar. Here is ny
license from the highest tribunal in America,
and he handed Judge Mills broad parchment
The trial Immediately went on.
in the examination of the Witnesses tht
F: stranger evinced but very little ingenuity, a
was commonly thought. He suffered each on
4 to tell his own story without interruption
though he contriyed to make each one tell /
! over two or three times. He put a few eros
questions, which, with keen witnesses, onl,
corrected mistakes; and he made nc notes, whIcl
: in mighty memories, always tend to embarrass
2 This examination being ended, as counsel to
the plaintiff, he had a right to the opening,
= we'll as the closing, but to the astonishment 0
every one he declined the former and allowed
the defense to lead off Then a shadow nigh
: have been observed to fit across the fine feat
ures of Pike, and to darken ever the bngh
! ewes of Prentiss. They saw that they hat
Il cauoht tarter: but who it was or how it hap
pened, was impossible to guess.
, COL AshIy spoke first. He dealt the jury
: dish of that close, dry logic, which years after
. wards, rendered him famous in the senate c
| the Union,
d The poet, Albert Pike, followed, with rlc
;; vein of w.t. and hail-torrent, of caustlc rldl
5 cule, in which you may be sure neither th
), plaintiff nor the plaintiff ragged attorney, wa
,. either forgotten or spared.
The great Prentss concluded for the defend
ant with glow of gorgeous words brilliant a
i showers of falling stars, and with final burs
of oratory that brought down cheers, in whic
c the smornjury themselves joined, notwithstand
+ ing the 'order!" of the bench. Thus wonder
fully susceptible are the south western peopl
. to the charm of impassoned eoquence!
e 1t was the strangers turn, He had RENAME
: apparently abstracted during all the previou
E speeches. STILL and straight, and motionles
= in his seat, bis pale, smooth forehead shootln
E up high like mountain cone Of snow, but to
o that eternal twitch that came and went perpe
$ ualy in his shallow cheeks, you would hav
taken him for mere man Of marble, or hu
man form carved in ice. Even his dim dream
= eyes were visible beneath those gray shagg
eyebrows
! But now at last he rises-before the bar raj
). ing, not behind it-and so near the wonderin
Il jury that he might have touched the forema
with his long bony finger. With his eyes sti
shut standing rigid as piller Of iron, his thi
lips curl as if in measureless scorn, slight
apart, and the voice comes forth. Al first
s was low and sweet, insinuating itself throug
the brain as an artless tune, winding its wa
9 into the deepest heart like the melody of magi