The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1881-02-11


opposite side had no ease ~ all. Mr.
Narnon has often declared that b,
never heard such speech in his life
before or since.
In making an argument his illustra
lions were rarely classic. They were
usually homely and such Ne fell under
the observation Of every day life. OF
these he used the most expressive.
]. +. Burdett. deed, used to tell an
amusing incident on this point Of bis
character, which occurred in the Gar
rard Circuit Court--a court which
Kincaid rarely attended. On the day
a certain case Burlett had was called,
Kincaid happened at Lancaster, and
was retained on the opposite side.
The case was an important one. Du-
ring the progress Of the trial, Kincaid's
colleagues introduced country girl,
about fifteen years Of age, as a witness.
She was modest, rustic and illiteraie,
hut proved important facts against
Burdcti's client. In order tc invali.
date her testimony, BurdeIt intro
duced her uncle, who was at bitter
enmiiy with her fathers family, and
by him proved that the girl was not
entitled to credit an oath. Upon sus.
taining the girls testimony, the case
was either TO be won or lost.
In the progress Of Kincaid's argu-
meni, he arrived at the conflict
in testimony Of girl and uncle. lie
handled the uncle rather roughly.
By way Of illustrating his view OF the
value of the testimony. he stated that
some one had once asked the great nat
uralist, John Jacob Audubon, what
bird OF all the feathered tribe was the
foulest. lie answered that IL bird
that befouled its own nest was the
ioulest Of all the feathered tribe. This
Of Audubans remark ut
terly disguised the Jury with. and de.
stroyed the testimony Of the girls un.
Gle.
Upon rising to address Court or
jury, Kiucaid always appeared to
very great disadvantage. lie was
awkward, timid and i'll at ease. lie
did not seem to understand his case.
Ii was sometimes ten or twenty mimi.
ties before he could properly acquire
self-control and get hold Of his case.
He would clear bis throat, hawk, and
impotent TO degree that
was truly wonderful. For a short
time he would talk about things that
seemed 10 have no connection what
ever with the matter under discussion,
but be soon got over his embarrassment.
As illustrative of this characteristic,
a gentleman, now one Of the ablest
jurists of Kentucky, then young
lawyer, tells an incident that occurred
in a trial at one Of the neighboring
bars. The young gentleman's father
had died, leaving his estate involved
in a litigation Of about $4,000, an
amount sufficient to bankrupt his
mother, his sisters and himself. BY
an effort he had succeeded in employ
ing two Of the ablest lawyers Of Cen.
trail Kentucky. The case was in
chancery. The record was voluminous.
The lawyers had told the young man
all along that the case was against
him and that he would lose il. He
felt confident Of bankruptcy aud pc
cuniary ruin to his family. To put
of the evil day as long as possible
the young man had taken several con-
iinuances. A day was finally fixed
for the trial. Kincaid accidently ap-
peared at the court the previous eve
ming. The young lawyer had fire.
quently heard him spoken Of as an
able man. but knew very little Of him.
In sheer desperation, he applied to
Kincaid to assist his attorneys in the
case. lie asked him what he would
take TO examine the papers that night
and make an argument the next
morning. lie told him that his law
yers had given the case up as hope.
less, and he himself believed that il
would be lost; that If it was lost, he
would have no money to pay a fee.
Kincaid consented to examine the pa
pers that night and make On argu-
ment the next morning. II success
ful, his fee was 10 be 800; otherwise,
nothing, lie took the papers to his
room and read the pleadings closely,
but had time to read only part of the
proof. And he came to court thus
upprepared the following morning.
These facts he told the young man,
aud asked him TO see his senior eoun-
sci and get them to LET him speak
last, that he might be able to under
stand the pleadings and proof better.
This was consented Ia. All the argu-
ments, except Kincaids, having been
made on both sides, the young man
felt that his case was gone and had
about given up to family rain. Kin
caid arose 10 address the court.
His manner and bearing, as usual,