The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-02-24
rCnntinMnd from First nnnn.


drinking from the fountain head those prin-
ciples and the history of their origin, which
he was daily applying TO his cases. lie
could listen to the story of a poor French
client, who had in vain attempted to tell
his wrongs to the rest of US, but who had
ill then been shut out from our laws by
that veil between the two languages which
seemed to envelope his humble business re-
ations in hopeless darkness He could thus
instantly pour a flood of light into the
mind of the poor client. The expression
of satisfaction on the face of the counsel,
and of gratitude from the client, was II
picture worth years of toll to be able to
produce.
lie had very influential presence and
great personal influence. If the current
was against him in any trial, he had great
power in resisting it and turning ii to his
favor, so that he would, if not convinced
at least, secure respectful hearing. In
speaking, he did not study ornament so
much as clcarncss and force, but his style
was naturally elegant and polished. lie
never INDUCED in low BlllIngsgatc. but il
called upon to meet it. he would do it with
u keen sarcasm that was as cilectual rs 1t
was healthy, but always free from vulgar
ism. TO say that he was not times bit
ter and severe, would not be true, but 1t
was never expressed in low or vulgar lam
guagc. He never attempted the grand in
his arguments, but very frequently he would
involuntarily indulge in passages of ahso-
lutte subimity. Ills purpose seemed to hc
to 20 to his work in the most practical,
plain vet fOrcible and cifcctual manner.
lie would illustrate his points with
sharp sallcs of wit, but he rarely INDUCED
in anecdotes. This resulted from no want
of good humOr, nor from want of capacl-
~ to relate them, for away from court he
would provoke constant mirth and laughter
for hours by his inmitabc manner of re-
liting them almost always selecting those
iIusti ating the men and times lust past
men whose style and manners he did not
ridicule. but whom he could initiate with
wonderful accuracy
He was far from being Willlui. but when
he formed his opinions he would defend
them with n skill and courage which were
admirable His character was positive
He would defend propositions he deemed
correct with true spirit and an immense re-
source of reasons and Illustrations. always
impressng an audience with his originality
GA one occasion n well informed stranger
sat in the bar while he was addressing the
Jury He stated three or four propositions
with marked clcarness and force. and urgcd
his reasons for their adoption. and the
clear! He has stated all that man can
in relation to that part of his case !" but
the pause was over and the advocate was
declaring. Gentlemen, this would indeed
seem sufficient and conclusive. but have
reason more potent than all this. The
surprise he had shrewdly created 10y SEEM
ing to exhaust the subject and then sud-
denly springng IN the most important part.
ryited the attention of the court. jury and
bar, to see what it could be. lie then pro-
ceeded to state the most important propo-
stion, by far, in the case, and to fOrtify it
by an ingenious arrangement of reasons
and arguments, so that when he had con-
cluded his argument on that branch of the
case his new born admirer exclaimed,
''What Il fertile brain Immense resources
He does not look like it, but how he does
talk
lie appealed to the reason of the jury
seldom to their passion or sympathy. Yet,
when it became material. he could describe
the weakness or poverty with marked Sic
cess. On one occasion it was urged that
his client, an old man. ought to have under
stood and did understand and consent to
most unreasonable agreement. After de-
scribing his clients incapacity, from age.
in most touching manner, he added
And now, gentlemen, to say that this
man, whose foot falls so slow and uncer-
tain ON the ground. and to whose ear the
sounds of earth are so far, far off, whose
nerves are unstrung by The expressions of
the plaintiff (his own SOM, whose intellect
is clouded and whose sight is growing dim
to say that he shall he entombed in his old
age in such a contract, is harsh indeed, yes
intolerable." / refer to this with no hope
of reproducing the effect, but only to show
the style. He was never idle. As he grew
older in practice he became more social
He would read his books or talk with
friend until near morning. about his cases.
the history and practice of the law, the
court room and the names and characters
of those who had made courts revercd, use
full and interesting. He would would listen
to and develop in his mind his clients case
with zest and thorohghness that was not
engcndered by passion or hope of gain, for
the rich and the poor received like treat
mcnt He would so thoroughly prepare
the law propositions bearing on his case,
that when in court he applied them, he
would do it with mastery analysis and Il
clear recollection of cases. Thus did he
secure the confidence of the court and
commend his case to most favorable con-
sideratiOn.
And so he talked and walked and read
and ran always upward until he quickly be-
came the equal of older men. When he
went to other than his own village, he left
no gossip which derided the lawyer, but
only words of commentator for his skill
and bearing. So in communities, and out
of court, he was not only the lawyer, but |
also man. He did not depend on trieuds.
As stranger his presence, while talking, |
was very impressive. lie went into a CON
venton at Hyde Park, to accept for the late |
Der of congress, Mr. Baxter being unayoid-
ably absent. The convention was so noisy
with enthusiasm for the nomination that |
young Stcele's words Mr. President,
scarcely secured his recognition, hut he |
commanded such attention that in 10 or 20 !
minutes, from the lips of men whose silence
had become a stiffness, came the significant
interrogatory "who's that!' He seldom
took any part in politics, except as he could |
do so without turning from his profession. |
In early life, instead, he talked more of ed.
ucation, history and biography. On one |
occasion at Newport, on the nations's ami |
veIsary, he contrasted the older and young
or Adamses with the English Pitts giving |
history of the times and the relation of the /
Pitts to their country and the issues pend |
ing during their lives, with the familiarity |
of a born Englshman | conceive the main |
spring of his success to have been the pos
session of faculty to apply himself long
and intensely to any subject. The long |
nights, which found him in his office II til |
o'clock in the morning, were the rule |
rather than the exception, and so intense
and severe was his application to business
that he would come home from long term |
of court and be Frustrated three or four days, |
lying most of the time (but with book on |
the lounge in his office.
In the fall of 1865, Hon Luke = Poland, |
being appointed to fill the vacancy occa-
stoned by the death of Senator Colamer, a |
vacancy was occasioncd on the bench Of the |
Supreme Court. Who should be appointed |
TO fill it? The fitness of many WINS sug-
gested, for there were many good men fit