The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-04-28

and he knew not what to do. his ankle
ties sbou! the matter were happily re
lieved. The great advocate, Joe Davies
knew Smothers well, and admired hin
greatly for that indomitable courage
which never had been known to quail il
the presence Of danger. He heard of the
affair at Fran kfort, and sent Smothers &
message, which was characteristic of the
man: Don't ruin yourself hiring law.
yers, will be with you on the day oil
trial Smothers knew his man, and re
lied upon the promise with implicit con-
flence. The fame OF Joe Davless
Us an orator, and the wide
spread acquaintance of the &C.
cused, brought a concourse Of court,
such rs had never been seen in Hartford
before. The keeboatmen from Louis
vile were there, and strangers, from q
circuit Of one hundred miles, were in
attendance, curious 10 see Bill Smothers,
and anxious 10 hear Joe Davies. The
trial itself was likely to be one of sur
passing interest and remarkable singu-
larity. Only two lawyers would appear,
and they were brothers. As soon as the
Sheriff had made the proclamation that
Court was open ) mothers rendered
himself in charge Of his bond, and took
II seat Within the bar. John Davies, the
prosecuting attorney for the district, was
much interrupted in his duties during
the day by repeated questions concern.
ing his brother. where is he?" "When
do YOU think he'll be here?' maybe
he will not come at ALP and Il variety
Of other inquiries and specula-
tions salutod him wherever he
went. Ga Monday night Joe
Davies staid at the house of Stephen
Stateler, four miles from Hartford, and
On Tuesday morning, leaving hi. negro
boy with directions to ride in that even
ing, he and Sta,elcr walked into town.
Court was already in session, and was
dcvoting the usual hour to motions.
Stateler and Davies sat upon bench in
II remote corner, engaged in conversation.
Stat, Ter was much the taller man of the
two. but they were dressed alike in blue
jeans, and to all appearances they were a
couple Of sensible farmers. Statclcr had
no idea that he was talking to.j Davicss,
but still he was strangely fascinated by
his company. When Judge BroadnaX
had disposed of the motions he opened
the docket and called the case Of the COM
monwealth U.s. William Smither alias Bill
Smothers. John Davies was up stairs
with the grand jury, and Of course made
no response TO the call. Statelers com
panion left him, and took seat by the
side of his client. Smothers, who was
not in the least surprised ut the course Of
his lawyer, shook him warmly by the
hand Broadnax becoming impatient,
directed the sheriff to summon the attOr-
ncv for the Commonwealth, John
Davies walked down the stairway, and,
with his papers in his hand, stopped in
the door, where he had Il short confer
euce with his witness. BroadnaI re-
peutcd the call OF the case with emphasis,
and said he wished TO be advised if the
Commonwealth was ready. John Davl-
e,s stepping inside the bar, SAID ! he be
lieysd he would not apply for contlnu-
ancr, although one important witness
had not vet arrived; that he might
come during the progress Of the trial,
and he reserved the privileges Of
taking his testimony. What say you,
Mr.. Smothers? said his Honor. The
,hrill voice Of 10. Davies answered:
I'VE are ready for the defense John
Davies, recognizing the voice of his
brother, embraced him aiiectionatcly,
and, having introduced him TO Broadnax
and the barprocecded to impanel jury.
The evidence, in the main, wa. in ac-
cOrdanCe with the fact. already stated.
10. Davies mado no laburcd effort at
cross examination, but permitted the wit
nrSseS to make their statements III their
own way, sometimes putting single
question TO elicit an explanation. When
the attorney announced that the testl-
monv was closed in behalf Of the Com
mon wealth, 10. Dawes exchanged II few
words with Smothcrs, and then said that
his client, from motives of delicacy, had
positively refused to introduce his sister
VINO wa, the only witness who could
state anything material to the de-
frnse-that the Prosecuting At
tornev might proceed with
his argument to the jury. BY the feeling
manner in which he made his simple
statement, he seemed already to have
gained the vantage ground. But John
Davies was a man of no ordinary ability,
and knowing that he had to cope with
one of the greatest advocates of this
country or the world, he put forth his full
strength in his opening speech, cndeavor-
ing to fOrcstall the impression which had
always attended the powerful efforts OF
his brother. The evidence was arrayed
in mastery manner, and he closed bya
spirited and strong appeal to the jury to
discharge their sworn duties honestly and
faithfully, cxhortng them to disregard
alike the fame and passion OF the orator
who was to follow him, and assuring
them that whilst the wicked might re-
ioice at acquittal, all good men would say
amen to the condemnation and execution
of marauSer, an outlaw, an assassin and
4 murderer.
The wonderfully eloquent and strange.
" eccentric man, Joe Davies, then rose
to address the Jury. 1t was his ambition
to do everything after fashion that
nobody else in tho world ever had at
tempted. He never was known TO ride
To u urt-housc, but made his circuit on
foot, while n negro boy accompanied hlm
on horseback, carrying his papers and
clothing in pair of saddlebag'. His
manner hi, style, his tactics at the bar,
were all his own, and they all lie buried
with their great master on the field OF
Tipprcanoe. No fragment of speech
Of hs remains to day, and from the.erring
and fading memories of men we derive
orr only ideas of that inspiration which
moved upon the feelings and swaycd the
passions. until he could drive his trium-
phal car over ANY obstacle that might
oppose his onward course. Tradition
furnishes a dim outline of his speech il
defense of Smothers, which was probably
the greatest forensic effort of his life. 1t
was made for friend, without hope Of
reward, and the whole power Of mind,
body and soul were poured forth in his
cau-r
i!r commenced rs if he had fee To
..,t in the prosecution. He reiterated
the strong points in the Attorneys
n / &c