The New York herald., 1869-11-21

the minds OF q Jury trfnes light as afr.
Ssn M s e
advocate. The history OF this casc-the one ior
which he SO long and patiently waited-and which
worth giving. One day. while thus patiently waiting
there was q heavy tread at his once door. Inc
sound o. footstep was welcome music to al ms e ear.
or the next thing TO It. Mr.. Harmon Westervelt.
the notary, advanced into che ONCE. -,
~ have comsn said Mr.. Westervelt, ITO give you
juryI .r 49,.
you thousand thanks. hope 1t is good case, and
Will involve some great principle, or at all events
large amount Of money"
81 DO not think there is much money In It," an
swered MIR. Westervet 'but the principle involved
sPIease state the case, said Mr.. Gerard.
''It is case Of Ireland against Germany"
estate the particulars"
"An Irish woman. q baker, in Greenwlcn street,
has German neighbor, who Is also q baker" ex-
planned Mr.. Westervelt. "This German kicked bar
rel OF her bread over into the mud All the lrlsn IN
Greenwich street are IN arms about II and the Ger,
with their cOun.ryman."
(Which side wishes 10 employ me as counsel ?" In
ssThe Irish woman, who brings the suit am
commissioned 6y her 10 ask you to appear for her."
..All right. II the ease case don't involve & any great
some fun and Excitement In it,"
'YOu viii have very large audience OF Irish and
The case was brought before Justice Constantine.
On the appointed day OF trial Mr. Gerard was
promptly on hand and SO were his clent and her wit
his counsel ana witnesses. Mr.. Gerard won the
case. The Jury gave his client verdict
In his banquet speech, "the impetuous Irish
were full OF graMtude; they vociferonsy gave three
Cheers of ssama @ n a1a & s.ee ga lor
ner grocery and insisted upon my taxing dose OF
the decoction OF fusll. deputation Of females
house. went there where found them dancing
their national Jig, and had quite fr0c with the
evening was at least the lion Of the party, the pet
Of the pettcoats. That was what call the lrst
legal triumph OF my !ne.n THUS began and ended
his first case. And 1t did not altogether end here.
Dimly shadowed forth were important coming
events In his career. On that Jury was gentleman
trial was over came to him, introduced himself,
shook hands and said he was pleased to make his
acquaintance Mr.. Gerard afterwards had business
transactions with that gentleman to many thou.
sands Of dollars. That gentleman was Jacob B.
Taylor the agent Of John jacob Astor and father Of
Moses Taylor, now one Of the merchant princes Of
PROFESSIONAL ADVANCEMENT AND MOST IMPORTANT
CASES.
getic in mis- attention to the business OF his clients
and always courteous and aable to his associates at
with whom he came In contact, ana endowed with
fascinating style OF ortory that rarely failed to carry
conviction to The minds OF Jury. 1t was not many
extended and lucrative practice. In the course OF
his legal career, extending over period OF some
forty i've years. he has tried some Of tue most i'm
peared on our court calendar. Very few law
yers have been more actively employed and
greater elaboration or research. Only his iron
constitution. great powers OF endurance, elasticity
OF spirit and the ease with which he did his work,
have enabled him to go through such protracted
years OF labor and litigation and come out at tine
end as robust IN frame and buoyant In spirits as In
the palmest days OF his legal practice. Among some
OF the most Important causes ne tried was the suit
brought by Dr.. harsen involving the question Of title
to 0OO 600 worth Of land BoOmlngdale This case
remained in the courts some eleven years ana grew
out Of adverse claim OF collateral heirs contest
ing the will OF his grandfather and by leaving out
tho word 'freey." After taking 1t through all the
courts OF State Mr.. Gerard had the pleasure OF
ror Which nr Harsen n "a SAID rave him As a. ies
lots of the value of $4,000. lis final argument
In this case is pronounced one OF the most exhaust.
upon the subject OF the interpretations OF wills
in connection with testamentary capacity and intent
ever heard before any OF our legal tribunals.
retained was that in which an Englishman, named
Barry, brought an action for the care and custody Of
MS M nSns e a S Sna n wes n
For thirteen years the 1ather sought to obtain the
custody OF the child. Successive writs Of habeas
corpus issued, and the case was brought before
nearly every judge In the city, and twice appeal
before the Supreme Court Both times the Supreme
and each time the decision was reversed by appeals
by Mr.. Gerard to the Court OF Errors. The latter
court on che last occasion gave the child to the
mother, Mr.. Gerard In his argument overthr0wlng
the OLD doctrine that father has paramount title
TO the care of his child and clearly establishing that
mother mas equal and In many cases superior
right over the father the welfare Of the child being
turning point on which the rights OF parents 10
their children hinge. Another case, exciting at the
time almost as prominent public notice. though not
long In litigation as the Forrest divorce su was the
celebrated case In which Mr.. Gerard was engaged
terry brought against her by Rev. DR.. Cox her nus
band. Public opinion, 1t will be remembered was
against her at first the sacerdotal sanctity attaching
to her husband no doubt materially contributing to
this view Mr.. Gerard was successful, however, in
for her verdict fully establishing her
Innocence. HIS summing up was mastery e1ors;
unnecessary to do So
formed the basis Of Mr.. Gerards eminent success
as lawyer. The advice he gave TO young lawyers
in his banquet speech tells the whole story. The
is the one he chose himself. He showed them how
genius awaits but little IN getting into practice-how
men OF great genius rarely make great lawyers,
are the elements that enter into lawyers success
He also advised them TO become masters Of the
facts not mlndin2 much the law, but leaving the
latter to the judges. His theory is not to cross
examine too much and not to save all
the energies for the summing up, but make the
opening equally effective. AS general rule he
thinks the co!loqulal the most effective style
Of addressing iurles. Such Is the programme he
maps out for others. II Is the programme ne long
since mapped out for himself. IL was by pursuing
this programme he achieved his success. His style
Of speaking, both N the courts and out Of them IS
one Simplicity OF diction Is Its most striking fea
ture and an afiuence Of language that never tires
10 him may be applied the line OF the old Latin
poet:- II
Nihi tetisit quod non ornavit
Although never writing out his speeches, legal,
political or otherwise, he mas always shown the hap
pest faculty OF saying the happiest things on all
OCCASIONS The letters of Governor Hoffman, Judge
Latrobe, CHER Justice Hunt ex-Attorney General
Evarts and Judge Nelson read at the banquet testL
monial, and the speeches OF Mr.. Cutting Judge
David Paul Brown, David Dudley Field,
Luther X Marsh, the late James T. Brady and others
set forth in words OF glowing eulogium the salient
points Of his character and the causes that contr-
buted to give him his proud eminence at the bar 1t
Ia unnecessary TO repeat these kindly expressed aud
well merited eulogiums as showing the basis OF his
successful career. There Is o characteristic how
ever, largely contributing to this result which
ausion should be made and that ls, that person,
however poor or humble ever required his services
that he did not command them with the same zeal
he would have given them to the richest and the