New-York daily tribune., 1859-12-24

stood in tie way = hit successy whe.ner nlYn or ""
r;eI or poor. must 20 down. II would go down with
mo unnecessary flourish Of trumpets no bullying, no
violence no insult-but il NUT 20 down.
He has oflen told me, that when actually 10 case
lawyer should surrender all his mind to It. DO NOS
read. be would say "eyen in the evening or the in
ernifson think Of the case, dream OF the case nces-
eantly till il is over. And always" he would add
"proeeed upon the capital rule TO do your very bess on
every OCCASION.
very interesting. il was model Of gentemanly def
erence He took his sest in the most modest,
suming way. Indeed be never did anything which
had the appearance, TO use the vulgar phrase, OF
"uakinR "A spread" IL as sometimes happened, the
opposite counsel Was Young man. the manner Of the
youth would generally indicate that he was the greater
man Of the two. Even when the evidence was IN and
Mr.. Choate came into Court, on the morning oi the
argument pressing hIs way through the thronget Bar
and the crowded aisles be came with no bold war
ranty Of supremacy and success in his manner. tie
would slide deferentiaIy into his chair sling off sew
era Of his innumerabe coae pile up his papers before
him. rub his hands through his tangled hair, push his
little table slightly away rise and say something to the
Judge which seemed the beginnii of a low conver-
sation but which You afterward discovered was
1" May 1t please your Honor, then turn to the Jury
with a trite remark or two-tbe intent crowd would
rettle lttle-and then in few sentences more, ere
anybody aware Of it, he would be sailing up INTO
the heaven Of pathetic adjuration, and bearing you
along with bin; like stately balloon swinging stead
ily upward, far away in the air.
During the whole trial his "action' was study.
In bis later years be rarely knew much about cause
till he got into Court But after the opening by has
Junior and bearing the other side, he seemed TO grasp
il as by intuition. He gave great attention TO all the
opening prelimnaries. He did not chat with those
surrounding him, nor did bis eyes wander. Hardly
were the prelminaries finished when he seemed to
have taken in the whole case. Such had been his I'M
meme experience that suppose he had parallel IN
bis memory for almost every case, and could see the
end from the beginning just great and experienced
soldiers will the future inevitable combinations OF
battle from the opening taccs for let any interlo-
cutory point in discussing evidence or the character o
the case, arise even very near the beginning and Mr.
Choate would follow his junior in its discussion with
step steady, and theory as true, as II be had been
consulting upon it for week.
He took constant and copous notes in an indescriba-
bic and incompreheDsible hand. He would write on,
up TO the very last moment before rising to address the
Jury 1t has been said that be wrote sheets OF man
userpt enough TO stretch in straight lines across the
Atlantic Ocean. What all this was which he wrote
nobody ever fully knew. Much of it was evidence,
much Of it also suspect, rhetoric and incidental
observations. 1t always seemed 70 me that ne cultl-
waited his blind hand to mask what he did Wnte.
When be came TO address the jury, twothrds OF his
argument apparently would be written; and this with
other circumstances, always led mo to think that he
actually began his speech TO the jury in his head ana
bis paper, upon the very first page OF bis notes as
the evidence was going in. Certainly, In most OF his
cases he had time after the evidence was in to pre-
pare such eopious writings as those which he spoke
from.
Every night duY1DQ tral ne TOOK nome MS notes,
collated gested and reaanged them with reference
to the final argument He could do this but any less
experienced mind would many times have gone astray
in the attempt. But from the lips OF the rss witness
he saw the prophecy of his argument
He was critically careful to have every word down
on paper which uttered in evidence and If he was
called out of COuIt at any time for few moments, he
would compliment some young member of the Bar or
student who happened to be near him. by placing him
his seat to continue the notes OF the evidence whle
he was gone.
OfMr. Choates characteristic sayings, witticisms,
and observations, some specimens are given by the
author, but it must be confessed they lose some
thing of their traditional point and effect from be-
ing separated from the circumstances under which
they were uttered He used to bring out his orratc
phrases with such ponderOus deliberatiOn, such im
perturbable solemnity, that, as Mr.. Parker justly
remarks, "type and paper can do no more than
hint at them" We copy few Of the anecdotes
which are here preserved.
n. - .4..so -lroIr cocrvvro5 wcro vvuuem
ming the military volunteer organizations somewhat
hardly, some in bis Office had religious newspa
per with column ofobjwgations, commencing, CHRIS
tan soldier why do you bear that instrument of death
aQaiDst your shoulder 7" The paper passing round
the Office and Of the students undertook 70 read
aloud beginning in loud voice, "Chrstisll sodieri
phy do YOU bear that instrument Of death upon your
sboulderl ChOate looked up from his writing IN the
further room; "Why," said he, with sly twinkle in
his eye, "thats very easily answered. Why does he
bear that gun upon his shoulder Ifs because ne
statute prescriJes IT," The fun here lies in the app
cation of the literal in answer to the high moral
appeal but may not be obvious TO unprofessona
mind. Ii was, however sufficient at the time to set
the Office and the entry in contagration OF mirth
l heard him, in argument before legislative
committee describe the boundary line between Rhode
Island and Massachusetts in this language: "Why,"
said he, "it like starting at bush, from thence TO
blue Jay from thence to hive of bees in swarmiDg
time from thence to three hundred foxes with fire.
brands in their tails"
Two or three years ago, during season Of illness,
Mr.. Choate was visited by one OF his friends, who
urged upon him the importance of paying atten
ton TO his health. "Sir," said the visitor, you must
20 away il you continue your professional ab0rs thus
you viii certainly undermine your constitution" Mr.
Choate looked up, and with that grave irony and pecu
liar twinl 10 of the eye which were so marked and in
desCribable when he jested said, Sir the constitution
was destroyed long ago; am now living under the
bye-laws"
Coming into lawyers Office one day, he saw close
winding staircase leading up to the consulting room.
HE eye scanned its corkscrew curvings for moment
then turning to the lawyer, his look prophesed wit
ticism, he quietly observed, How drunk
must be to go up those Stare +
In adivorce case, he was arguing against the proba
blity of guilt. "They were playful, Gentlemen Of
the Jury, not guilty After the morning toll they sat
down upon the hay-mow for refreshment, not crime.
There may have been little youthful fondling-pay-
ful not amorous. They only wished to soften the as
perities Of bay making"
Many passages of interest between him and the Chief
Justice are floating round Court street in lawyers
talk some OF them true, some Of them problemstical
In q case, believe in Essex County, where an old
man, white-haired and feeble, party Choate
gave reins TO his imagination. He poetized upon the
aged and venerable object Of their sympsthes and ut
last quoted in full touching passage from King Lear
The Chief raised his mighty and-wth reverence be it
speken--sbsggy head, and glowered upon the poet.
Mr.. CbOete," be broke out, "this is dry question