Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1880-03-12
Rufus ChOate.

III jury trlalS LIS malu OUJect was TO
influence the 'ciNs of the twelve men
before him. He addressed their under
standings; he fascinated their imagina-
tons; he stirred their feelings; but,
after all he used all his powers in sub
ordination to that one primal power
which dwelt in his magnetic individu-
atty, by which he Subdued them, bring
ing on that part of their being which
uttered its reluctant Eyes or no "
the pressure of stronger nature as
we'll as of a larger mind. AS an advo-
cate, he thoroughly understood that
men in the aggregate are not reasonable
beings, out men with the capacity of
being occasionally made reasonable, if
their rrejudices are once blown away
by superior force of blended reason
and emotion-in other words, by force
of being. His triumphs at the bar
were due to the fact that he was pow
erful man, victorious over other men
because he had stronger manhood, a
stronger selfhood. than anybody on the
jury he addressed. On one occasion
happened to be witness in a case
where trader was prosecuted for OBJ
tanning goods under false pretenses.
Mr.. Cboate took the ground that the
seeming knavery of the accused was
due to the circumstance that he had
deficient business intelligence - in
short, that he unconsciously rated all
his geese as swans. He was right in
his view. The foreman of the Jury,
however, was a hard headed practical'
man, q model of business intellect and
integrity, but with an incapacity OF
understanding and intellect or con.
science radically differing from his
own. Mr.. Choate's argument, as far as
the facts and the law were concerned,
was through in an hour. Still he went
on speaking. Hour after hour passed,
and yet he continued to speak with
constantly increasing eloquence, re-
capitulating, without any seeming rea-
son, facts which he had already stated
and arguments which he had already
urged. The truth was, as gradually
learned, that he was engaged in hand
to hand-or rather in brain-to-b brain
and a heart.tO -heart-contest with the
foreman, whose resistance he was de-
termined to break down, but who con-
fronted him for three hours with de-
tiance observable in every rigid liue of
his countenance. "You fool |" was the
burden of the advocates ingenious ar
gument; "you rascal T. was the phrase
legibly printed on the foreman's in
credulous face. But at last the fea-
lures OF tue foreman began to relax,
and at the end the stern lines melted
into acqulescence with the opinion of
the advocate, who had been storminp
at the defenses of his mind, his heart.
and his conscience for five hours, and
had now entered as victor. He COM
PEELED the foreman to admit the I'M
pleasant fact that there were existing
human beings whose mental and moral
constitution differed from his own, and
who We're yet as honest in intention as
he was, but lacked his clear perception
ana sound judgment. The verdict
was, Not guilty" II was "a inst yer.
dct. but 1t was mercilessly ussailed bv
merchants who had lost money by the
prisoner, and Who were houuGlng Lim
down As AL enc my to the human race.
as another instance Of Choute's lack Of
mental and moral honesty IN the de-
fact that the foreman Of the Jury that
returned the verdict belonging to the
class that yehemently attacked Choate
was sufficient Of itself to dispfove such
allegations. As l listened 70 Choate 5
argument in this Case, felt ssured tina,
be would go ON speaking until lac
dropped dead on the floor rather than
have relinquished his cluich on the
soul OF the one man on the lary whom
he knew would control the opinion of
the others.
Perhaps the weight and power of
Websters character we're due rs much
to the hours be spent IL tie =oois aid
hel1s and on the ocean. chatting with
farmers ur sailors ~ ue Was ell gagged
IN hunting or fishing, a. 10 The hours
he spent III his study
Nos Choa;e, superior 10 Webster in
Gniekbess OF appre heusion al d imagins-
uon. Was al IL doors man. Tie larger
portion OF h.s mature life MAS passed in
tie sitting atmosphere Of the courts. or