The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-19
THE MAY MAGAZINES.
"TlIe Galaxy.S

From J. Edwards Clarke's article entitled "a
Great Advocate" we take the following anec-
dotes of the late James 7. Brady, Esq.:-
The trial of Baker for the murder of Poole
furnished n notable instance of Mr.. Bradys in
trepidity. in behalf of client. 1t was at the
height of the ''Know-Nothing" excitement, and
Poole, after receiving the fatal bullet having eX-
claimed, Il die an American" succeeded in
causing himself to be regarded as a martyr to
the cause Lingering for days with-as the post
aOrtem proved-a bullet deeply imbedded in his
heart, the interest and excitement became in
tense; and on the day of his funeral twenty thou
sand men walked in solemn procession behind
the coffin of the martyred trough" In such
state of public feeling Baker was put on trial
for his life. At the opening of the charge by
the Judge, aroused by its tenor, Mr.. Brady
seized pen and commenced writing rapidly,
Indignation showing itself in his set lips and
frowning brow. The moment the judge had
ceased he was on his feet and bcgan:-''You
have charged the jury thus and thus. / pro-
test against your so stating it," The judge
said he would listen to the objection after the
nant orator, II choose that the jury shall hear
those objections" and, defying interference, he
poured forth impetuously forty-fve separate and
formal objections, COUGHING them all emphati-
cally in words of personal protest TO the judge.
The force of the judges charge on that jury was
pretty effectually broken. The indignation of
the advocate at this time was real, not simulated;
and he, mt least, of the New York bar, dared
to defy and to denounce injustice, even when
clad in ermine. Of such were those brave,
elder members of the legal profession who in
former days and other lands kept alive the fires
of civil liberty.
After two trials here he obtained change of
venue, and the trial was transferred to Newburg.
This gave rise to another incident, which Brady
was fond of telling, especially when he wished
to disarm prejudice against the looks of any
witness or client. The trial was to be held be-
fore Judge Charles A. Peabody, in the Supreme
(lOurt The iu6Up LAWYERS liOh sheriff 0epI-
ties, and prisoner all went up in the cars to Fish
kill. The streets were crowded by thousands,
eager TO see the prisoner. As they passed to the
boat to cross. over to. .Newburg, the judge hap
pened to take the arm of High Sheriff Willets.
Some one recognizing the Sheriff, pointed out his
companion the accused murderer, with Don
you see his - bloodthirsty face ~ fancying, as
Brady would say, they saw all the lineameuts OF
a brutal murderer in the calm, bland features OF
His honor.
THE BUSTED CASE. ....
Another Instance of his intrepidity before a
Judge was in the Busteed case. The Judge had
threatened TO convict him for contempt. Bus
| teed had apologized; and Brady also, with
his matchess grace and courtesy had rendered
| Busteeds apology; but the Judge still said that
| he should send him to prison. 'You will, will
| you? said Brady. II say you will no" And
citing authority after authority against his
| power TO do so, he dared him to thus stretch his
| prerogative The judge thought best to excuse
Mr.. Busteed. The fertility of his mind and it'
| rapidity of action, as shown in drawing the OBJ
jections in the Baker trial. were once illustrated
| on an occasion when, on a case being called, Mr.
Brady answered that his side was ready. The
| opposite counsel also stated that he was ready
| and appeared for the plaintiff. NO" said
Brady, Il am for the PLAINTIFF" adding, 81 think
must know which side | am on" However, hC
was at last convinced that he was mistaken. So
gathering up his papers, he requested his Honor
TO excuse him for twenty minutes, as he saw he
was for the defendants instead of, as he had erro
neously supposed, for the plaintiffs, adding
'and, from my knowledge of the merits of thu
case, ] am heartily glad that l am to defenC
instead of prosecute!" He left the room, re
turned in twenty minutes, tried, and aeon tn
cause.
| HIS FERTILITY AND QUICKNEss.
The Hon. Luther r. Marsh gives an instanc
of Mr. Brady's fertility in an important case d
which he himself had lgiven thorough, and, a
he felt exhaustive preparation He asked MI
Brady TO assist on the trial. Brady having had N
previous knowledge of the case. "Go on AM
open your case fully, use all your points withou
regard TO me-" said Brady Mr. Marsh did SC
and sat down, wondering what new matter MI
Brady could find to say To his astonishmen
Brady rose and presented several new and strik
! ing points.