The south-western. [volume] (Shreveport, La.) 1852-1870, 1865-07-19
The Volunteer Counsel.

t-s' The Volunteer Counsel
s. an carly hour, the 9Th of April, 1910, the cour
iquse in GAINESVILLE Texas was crowded TO overflow
ing. Save IN waF-times past there had never been
witnessed such gathering in Red River county
while the strong eeng, apparent IN every flushed tact
throughout TIC assembly, betokened some great
"a sBiuH concise narrative of the facts will sufficient
ly explain the matter. 80. -.-..- --s.-.
About the close of $780, George Hopkins, one o
taa6 wealthiest planters and most influential men o.
northern Texas offered gross insult to Mary Eliston
the young and beautiful wife Of bis overseer. The
husband threatened to chastise him for the wanton
outrage, whereupon Hopkins loaded his gun, went to
Ellistons house, and shot him in his own door The
murderer was arrested, and bahed to answer the
charge This occurrence produced immense excite
nlent and Hopkins order the tide of popular
apnion or least to mitigate the general wrath which
Ii first was violent against him. circulated reports un
faYoraby prejudcial 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
tof the same tragedy were pending IN the April cir
cult conrt for 1870
The interest naturally felt By the community as to
tie issue became far deeper when it known that
Ashly and Pike, Of Arkansas, and the celebrated 5.
S. Prentiss Of New Orleans, each with enormous fees
had been retained by Hopkins, for his defence.
~ The Eih on the indictment of murder ended on the
5th Of April, with the acquittal of Hopkins. Such
result might well have been foreseen; by comparing
tke talents Of the counsel engaged either side.
The Texan lawyers utterly overwhelmed BY Tie
argument and eloquence Of their opponents.
The SANDER suit set for the 9th Of April and the
throng Of spectators grew iii numbers well ex-
.ccrneut, and what may seem strange, the current of
public sentiment ran decidedly for Hopkins His
money had procured witnesses by whom lie could
prove anything and with the aid Of these powerful ad-
Nocatcs no doubted his success Mary Elliston's
myers had deserted her and withdrawn; the many
pctifoggers dare not brave again the sharp wit Of
Pike or the seathng thunder OF PrentSs.
"Hayeyou no counsel?" inquired Judge Mills, look
ing kindly at the plaintiff.
NO sir; they have all deserted me, and am too
poor to employ any mere fepedthc beautiful Mary
bursting into tears. H
In such case, will not some chivalrous member Of
the profession F9gateers2 asked the judge CHANGING
rfooIsaa the bar a sa
The thirty lawyers we're silent as death. W
b Judge Mills repeated thetquestion b., =
II will, your homer said 4 voice from the thckes
part Of the crowd situated behind the bar at the
tone Of that voice many started half way from their
seats and perhaps there III the immense throng no
heart Wbieh did not beat something quiclaer-it was
aieatthiy-syeet, clear ringing aud Rourhfu 5fs
The first sensation, however, changed into gen
Graf laughter when tall gaunt, spectral figure that
nobody present eyer remembered to have before
ebowed his way through the crogd, and placed him
self within The bar. His appearance was problem
puzzle the sphinx borselE His high pale brow and
small, nervouslg gitehing faceseemed alive with the
concentrated essence and eream1ot genius, bat then
his minute blue eyes, hardy visible beneath their
massive arches, looked him dreamy almost dicon-
seious aud his clothing was so exceedingly shabby
that the hcsitatcd let the proceed under
his management -.... r ,..-- -
alias your name been entered on the rolls OF the
State :" demanded the Judge, suspiciously.z sss
1T is iInnlaterial about my name beng on yoHr |
rolls answered the stranger his thin, boodess lips
curling up in sort Of fcndish sheer 81 may be al
lowed TO appear once by the courtesy of the court and
bar Here ismy license from the highest tribunal in
America, and he handed Judge Mills broad parch-
nient The trial Immediately went on. -r
In the examination of the witnesses the stranger
cyinccd but very little ingenuity as was coulnonly
thought He suffered each one to Tell his own story
without interruption, though he contrycd to make
each one tell it over two three times. He put
few cross questions which, with keen Witnesses only
corrected mistakes; and he made no notes which III
mighty memories always tend to embarrass This ex-
animation being ended, counsel for the plaintiff he
had gt to the opening as well as the closing, but
to tire establishment Of every he declined the for
iner, aud allowed the defense to lead off Then
shadow might have been observed to fit across the
fine features Of Pike and to darkeu the bright
eyes Of Prentiss. They that they had caught a
tartcr bun who it was or how iEshppened it was i'm
possible to guess .-@As = 49, 57s5l
II Col Aslly spoke first. he dealt tile jury dish of
that close dry logic which years afterwards rendered
him famous III the senate of the Union.
The poet, Albert Pike followed, with rich vein of
Wit and a ail-torrent Of caustic ridcue in which
ragged attorney was either forgotten or spared
The great Prentiss concluded for the defendant with
glow Of gorgeous words brilliant showers of fall
ing stars and with final burst of oratory that brought
down cheers, in which the sworn jury themselves
loincd notwithstanding the .order "-of the BENCH
Thus wonderfully susceptible are the south-westerR
people to the charm Of mpassonod ctoqucnce.
Ii was the strangers turn. He had remained appa-
retly distracted during all the previous speeches.
Still aud straight and lnotenless in his scat his pale
smooth forehead shooting up high, like mountain
cone of snow; but for that eternal witch that
and went perpetually in his saIow checks, you would
have taken him for Of marble OF a human
form carved in Even his dim, dreary eyes were
visible beneath those gray shaggy eyebrows.
But now at last he riseBbefore the bar railing, not
behind it-and so near the wondering jury that he
might have touched the foreman with his long bony
finger. With his eyes still shut, standing rigid as a
pillar Of I9on his thin lips CURL as if in measurcess
scorn-slighty apart-and the voice comes forth At
tirst it was low and sweet nsnuating Itself through
the brain artless tune winding its way into the
deepest heart like the melody of magic incaat2tion
while the speaker proceeds without; gesture or the
least sign of excitement, to tear in pieces the argu-
ment OF Ashly which melt away his touch as frost
before the sunbeam. livery one looked surpFised.-
His logcwas At once brief and uRiineuss clear,
that the Fudca peasant might comprehend u without
an effort 5sz 5ts 8a -c .ecc atass4H
anon he came te the dazziiBg aft oftha rset IaFs