Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-05-06

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4 ssrusDAxsa 1RIAL.
Tho trial of Baker for the murder d
Poole furnishee 3 notable instance q Mr..
Brady's intrepidity in bshah Of client
/ It was It the HEIGHT of the '.KnowzNeth.
ing" sxcitement,' and Poole, after seceiv.
ing the fatal bullet having exolaimed: u
die an American" suoossded n causine
himself to be regarded - . martyr to the
cause Lingering for days with las the posi-
norton proved) bullet deeply imbedded
in his heart, the interest and excitement
became intense and, ON the day of his
funeral, twenty thousand 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 rap
idly, indignation showing itself in his set
lips and frowning brow. The moment
and began: "You have charged the jury
thus and thus. protest against your SO
stating it." The judge said he would
listen to the objections after the jury had
retired. NO." exclaimed the indignant
orator, 81 choose that the jury shall hear
those objections;" and, defying interior
enee, he poured forth impetuously forty
five separate and formal objections, couch
ing them all emphatically in words of per.
sonal protest to the Judge. The force of
the judges charge to that jury was pretty
effectually broken. The indignation of
the advocate at this time was real, not
simulated; and he, at least, of the New
York bar, dared to defy and denounce in
justice, 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 a
change of venue, and the trial was trans
ferred 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 before Judge Charles A. Peabody, in
the Supreme Court. The judge, lawyers,
high sheriff, deputies, and prisoner all
went up the cars to Fishkill. The streets
were crowded by thousands, anxious to
see the prisoner As they passed to the
boat to cross over to Newburg,
the judge happened to take the arm of
High Sheriff Willetts. Some one recog-
nizing the sheriff, pointed out his COM
panion as the accursed murderer, with
Don't you see his id bloodthirsty
face !" fancying, as Brady would say, they
saw all the lineaments Of brutal muir
derer in the calm, bland features of his
Honor.
THE BUSTED CASE.
Another instance of his intrepidity be-
fore Judge was in the Busted case. The
Judge had threatened to convict him for
contempt. Busted had apologized; and
Brady also, with his matchless grace and
courtesy, had rendered Busteed's apology:
but the Judge still said that he should
send him to prison. "You will, will you =
said Brady. II say You will not {" And,
citing authority after authority against
his power TO do so, he dared him To stretch
his prerogative. The Judge thou ght best
to excuse Mr.. Busted. The fertility of
his mind and its rapidity of action, as
shown in drawing the objections in the
Baker trial, were once illustrated on an
occasion when, on 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, II am for
the plaintiff; :" adding, II think / must
know which side | am on" However, he
was, at last, convinced that he was mis-
taken So. gathering up his papers, he
requested his Houor TO excuse him for
twenty minutes, as he saw he was for the
defendants instead of, as he had errone-
ously supposed, for the plaintiffs, adding,
''and, from my knowledge of the merits |
Of the case, am heartily glad that | am
TO defend instead OF prosecute !" He left
the room, returned in twenty minutes,
tried, and won the cause.
His FERTILITY AND QUICKNEss.
The Hon Luther r. Marsh gives in
stance of Mr.. Brady's fertility in a n i'm
purtant case to which no binaolf had given
and, as he felt, exhaustive pre-
paration. He asked Mr.. Brady 90 assist
him on the trial, Brady having had no
previous knowledge of the case. "Go ON
and open your case fully, use all your
points without regard to me- aid Brady. |
Mr.. Marsh did so, and sat dow n. wonder
ing what new matter Mr.. Brady could |
find to say. To his astonishD ent Brady |
rose and presented seven new and strik- |
ing points.
OF his quickness in the law of a case an |
instance is given where a recent decision |
adverse to his position was introduc ed |
Taking the Book in his hand he said it |
iocs not appear whether this case has
been heard in the Court of Appeals, bu I |
when it is it will be reversed for such aud /
such reasons; which eventually proved
% be the exact reasons given by the court
'evcrsing the decision. Conceding all his
wonderful brilliancy and originality.
Judge DAILY states, however, that his great
less as lawyer lay III his sound judy
nent in the general management of = case
t Is stated that in no case involving con-
questions have his arguments
'een reversed in the highest appellate
curt.
OF his manner, Mr.. Porter says, "whol
an ever forget the peculiar manner of his
We have all felt and none can describe.
I was evanescent As the fragrance OF the
ose.' From the time he entered the
ourt-room his by-play with the jury COM
neneed. He made himself thoroughly at
ZONE with them. Ii is said that he never
ost case in which he was before Jury
or more than a week: by that time tn ey
aw everything with his eyes He as
ounsel in fifty-two capital cases, in II OF
ne OF which was he ever unsuccessful II,
kept in that of Bcall, who was tried bv
court-martial at Fort Lafayette. ON
barge of being a spy and guerilla"
1t is related that once having so cecss-
nlly defended man charged with
murder, as he was leaving the court the
idge said, Mr.. Brady, the next case is I
hat of man charged with IN arder; he
as no counsel. can you defend him ~
Certainly" said Brady, and instantly
rent on with the trial. The Judge
ssigned hina in the same way to two
theirs charged with a similar crime :. SO, '
nat in succession, he defended and I
eared four capital cases, giving a weeks
nrequited time to these four criminals.
lie was obliged to decline to follow this