Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-07-18
JUDGES AND LAWYERS.
How Long PIeadings Exhaust the Patienc
and Health of the Court.

and Health of the Court.
From the New-Orleans Times-Democrat
Judges are often as greatly puzzled
as juries by the elaboration, verbosity,
and confused and complicated state
ments and augmentation Of lawyers.
Indeed, instances have been at least
reported of such pressure being brought
upon the minds of judges and coun-
selors by the too elaborate and wire
drawn sophistry and "lengthinessn
of ingenious attorneys as to pro-
duce congestion of The brain. The
sudden death of the celebrated
William Pinckney of Maryland, in
the midst of a prolonged argument be-
fore the United States court at Nor
folk. Va, was attributed to the severe
pressure upon his logical faculties, and
his resources of law learning imposed
by the. equally distinguished lawyer
and statesman, afterward great sena-
tor from Virginia, Walter Tazewell.
Mr.. Tazewell's reputation at the bar OF
Virginia for keen and willy analysis,
and sinuous and ingenious logic, made
him the most dreaded adversary of
the Federal bar, and the terror
of the judges, who were compelled
to follow and keep up with him in
his argument. To an eXcitable, high
sprung, and brilliantly rhetorical ora
tor like Pinckney, Tazewell proved u
terrible affection, and while engaged
all night in the study and preparation
of reply to Mr.. TazewelPs argument
in great leading case in admiralty he
was seized with apoplectic symptoms,
which terminated his brilliant career
before the case had been closed.
There was once an old lawyer at our
| bar, an Irisnn.an by birth, who was
| famous for the length or ms erreeches,
frequently consuming several days in
their delivery. On one occasion he
was opposed by that great advocate,
John II. Grymes, who never in his
life made speech of more than two
hours slength, and was very impatient
and sarcastic toward adverse counsel
who imposed on him the duty of fol-
lowing them in speeches of greater
length.
On the occasion referred to in hear
ing before a fat old Eronch Judge Col.
Grymes was compelled to listen to u
speech of two days from the old Irish
counselor. On the third day when the
lawyers assembled in the court We're
waiting for the judge, a deputy sheriff
suddenly appeared with very grave
and panic-strcken expression, and an
nounced that the Judge had that night
died of apopleXy. On his appearance
in another court with his usually
solemn and grave expression, he was
questioned by his brethren as to the
cause of the death ofJudge p.
"He was murdered" replied the
solemn old counselor
"And by whom" was the next
"By 1. NJ" referring to his old adj
versary,
How"
''By two days argument on pre-
emptory exception"
There was grim piece of popularity,
but was characteristic OF the cynical
old advocate.
Another of our judges narrowly es-
| caped the same sorrowful effect OF too
great elaboration and lengthiness of
| speech, and wear and tear OF patience
and nerve, when the party subjecting
| him to the iniliction was no commits
stoned attorney or learned jurist, but
no other person than handsome lit
| tie woman of bright eyes, golden hair,
voluble speech, and invincible pluck
and energy, This was Myr& Clarke
Gains, who appeared before Judge
Buchanan, OF the first district court,
to argue her own case, on
the retirement of her eminent coun-
sci, who threw up her case on account
of certain decisions OF the judge which
they regarded rs unjust and unsus--
tanned by law. Then the veteran hero OF
Fort Erie. the ranking lineaI officer in
the Tn d States amy, who sat by the
side of his young wife, clothed in full
i uniform. with all the insignia of his
rank, and of his exploits in war, arose
to his full height aud addressing the
court with the dignity of the old style,
announced that as the legal defender OF
the lady plaintiff, he requested OF the
court to permit her to present her ease
to the Jury in her own way. Having
enioyed in early manhood the privilege
of studying the common and chancery
law under his distinguished relative
long the illustrious chiefjustice Of Vir'
ginia, he was not uhacquainted with
the duties and rights of litigants. liz
therefore asked that the lady in this
case be permitted TO state To the jury
her own case, with which perhaps sh,
, was more familiar than himself or hel
[ attorneys. "Who,n calculated thu
} spirited little woman, 'have been driver
out of court by your honor.n
} AT this remark aud the bearing @
) the lady the judge, who was a spirited
and plucky gentleman Of the Slidell
Mackenzie stock, fired up, and, ad
3 dressing General Gaines, reminded
: him that he would be held responsible,
. to the court for any breach 0
: the privileges and dignity of judicia
. proceedings. To which menace tn,
, veteran soldier, rising, responded thai
he stood ready TO respond 10 any ant
J all demands of responsibility for tn
; acts and sayings of the lady in ever,
form and manner recognized among
gentlemen
: Whereupon the judge interpolatet
, the suggestion that the court woull
not be overawed by any display of mil
| itary arrogance and warlixe equipmen
in the discharge of the powers and du
} ties of his position.
sYour honor gravely misconstrues
! my appearance in the court in the
uniform of my rank In the army. In
, eonfornity to the regulations of the
war department, and from my respec,
] for the civil authority, In the defense
CT which stand pledged promptly on
: all occasions tn draw the sword bear.