Vermont daily transcript. [volume] (St. Albans, Vt.) 1868-1870, 1869-04-17
iHcCHOtcs Of flames r. BrUsfY.
THE BAKER TRIAL.

The trial of Baker for the murder of
Poole furnished Il notable instance of
Mr.. Brady's intrcpidity in behalf of
client. 1t was at the height of the
" Known othing" excitement, and
Poole, after receiving the fatal bullet.
having exclaimed, al die an American"
succeeded In causing himself to be re-
garded as Il martyr to the cause. Ling
cring for days with--as the post mortem,
proved-a bu lc, deeply Embedded 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 Tough" In such n
trial for his life. At the opcni ~ of the
charge by the judge, aroused by terror,
Mr.. Brady seized n pen and commenced
writing rapidly Indignation showing it.
self in his set lips and frowning brow.
The moment the judge had ceased he
was en- his feet and began: You have
charged the jury thus and thus. pro-
test against your SO stating it, The
Judge said he would listen to the objec-
tons after the jury had retired. mo"
exclaimed the indignant orator, az
choose that the jury shall hoar.thosc OBJ
jections; and, defying interference, he
poured tor,h impetuOusly torty-five sep
crate and formal objections, COUGHING
them all cmpatically in words of per-
sonal protest to the judge. The force
of the judges charges on that jury was
pretty efIectually broken. The indigna-
real, not simulated and he, at least, of
the New York bar, dared to defy and
to denounce injustice, even when clad
in ermine. or such were those brave,
elder members of the legal profession,
who in former days and other lands,
keep alive the fires of civil liberty.
After two trials here he obtained a
CHI ange of venue, and the tri u was trans
ferred to Newburg. Ills gave rise to
another incident, which Brady was
fond Of telling, especially when he wish
ed to disarm lredjudice against the
looks of any witness or client. The
trial was to be held before Judge Chas.
A. Peabody, in the Supreme Court.
The judge, lawyers, high sheriff, depu-
ties, and prisonerall went up in the cars
to Fishkill. The streets were crowded
by thousands, eager 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 Willets.
Some one recognizing the sheriff, point
ed out his companion as the accused
murderer, with Don't you see his
ID bloodthirsty facet" fancying, as
| Brady would say, they saw all the lin
eaments OF brutal murderer in the
calm, bland features of his Honor.
THE BUsTEED CASE
Another instance of his intrepidity
before a judge was in the Busteed case.
| The judge had threatened to convict
him for contempt. Busteed had apollo
gized; and Brady also, with his match
less 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 mott" And, citing author
ity alter authority against his power to
do so, he dared him to thus stretch his
prerogative. The judge thought best to
excuse Mr.. Busted. The fertility of
his mind and it, rapidity of action, as
shown in drawing the objections 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 stat
the plaintiff. "No," SAID Brady, 81
am for the plaintiffs" adding, 81
think | must know which side l am
on" However, he was, at last, con-
WINGED that he was mistaken. 50, gath
ering up his papers, he requested his
Honor to excuse him for twenty min
utes, as he saw he was for the defend
ants instead of, as he had enormously
supposed, for the plaintiffs, adding,
and, from my knowledge Of the mer-
its of the case, 1 am heartily glad that l
am to defend instead of prosecute! ~
He left the room, returned in twenty
minutes, tried, and aUOn the cause.
HIS FERTILITY AND QUICKNESS.
Il re Hon. Lu Their r. Marsh gives an
instance of Mr.. Brady's fertility in an
iml Ortant case to which he himself had
given thorough and, as he felt, eXhaus.
tive preparation. He asked Mir. Brady
to assist him on the trial, Brady having
had no previous knowledge of the ca e.
"Go on and open your case fully, use
all your points without regard to me-
said Brady. Mr.. Marsh did so and sal
down, wondering what new matter
lIr. Brady could find to say. TO his
establishment, Brady rose and present.
ed seven new and striking points.
Or his quicHness in the law of case
an instance is given where recent de-
cision adverse TO his position was intro
duced. Taking the book in his hand
he said, it does not appear whetherthis
case has been heard in the Court of Ap.
peals, but when it is, it will be reversed
for such and such reasons which even.
tually proved to be the exact reasons
given by the Court reversing the decs
ion.
Concedng all his wonderful brillian.
cy and originality, Judge DAILY states
however, that his greatness as lawyer
lay in his sound judgment in the gen.
eral management OF case. 1t is stated
that in no case involving constitutional
questions have his arguments been