Morning journal and courier., 1883-07-16
Judges and Lawyers.
How Long Headings Exhaust the Pa
 ttemce and Health of the Court.

Judges and Lawyers. How Long Headings Exhaust the Pa ttemce and Health of the Court. From the New Orleans Times -Democrat.1 Judges are often as greatly puzzled as ju, ries by the elaboration, verbosity, and con fused and complicated statements and argu. mentation of lawyers. Indeed, instances have been at least reported of such pressure being brought upon the minds of judges and counselors by the too elaborate and wire drawn sophistry and ''lengthiness' of ingen ious attorneys as to produce congestion oi the brain. The sudden death of the ceIebra ted William Pinckney, of Maryland, in the midst of 5 prolonged argument before the United States court at Norfolk, Va, was at tributed to the severe pressure upon his logi. cal faculties and his resources of law learn ing imposed by the equally distinguished lawyer and statesman, afterward great Sen. ator from Virginia, Walter Tazewell. Mir. Tazewell's reputation at the bar of Virginia for keen and willy analysis, and sinuous and ingenious logic, made him the most dreaded adversary at the Federal bar, and the terror of the judges who were compelled to follow and keep up with him in his arguments. Tc an excitable, high strung, and brilliantly rhetorical orator like Pinckney, Tazewel proved terrible infliction, and while engaged all night in the study and preparation of {
 
 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 Irishman by birth, who was famous for the length of his speeches, frequently con- surning several days in their deliveries. On one occasion he was opposed by that great advocate, John R. Grymes, who never in hif life made a speech of more than two hours length, and was very impatient and sarcastic toward adverse counsel who ina. posed. on him the duty of following them in speeches of greater length.
 On the occasion referred to, in hearing before B fat old French judge, Colonel Grymes was compelled to listen to 8 speech of two days from the old Irish counselor. On the third day, when the lawyers assem- bled in the court were waiting for the judge, deputy sheriff suddenly appeared with a very grave and panic stricken expression, and announced that the judge had that night died of apoplexy. On his appearance in an other court with his usually solemn and grave expression he was questioned hg his hrath- ren as to the cause of the death of Judge P.
 ''He was murdered" replied the solemn old counselor.
 And by whom? ?'' was the next query
 "By I. N.," referring to his old adversary.
 "How2'
 By two days argument on Derempto- ry exception"
 This was grim piece of jooularity, but was characteristic of the cynical old advo- cate.
 Another of our judges narrowly escaped the same sorrowful effect of too great eIabo- ration and lengthiness of speech, and wear and tear of patience and nerve, when the party subjecting him to the infiction was no commissioned attorney or learned iurist, but no othar fl1oY1 o hondaopoo man of bright eyes, golden hair, voluble speech, and invincible pluck and energy. This was Myra Clarke Gaines who appeared before Ju 1ge Buchanan, of the First District court, to argue her own case, on the retire ment of her eminent counsel, who threw up her case on account of certain decisions of the judge which they regarded as unjust and unsustained by law. Then the veteran hero of Fort Erie, the ranking lineal officer in the United States army, whe sat by the side of his young wife, clothed in full uniform with all the insignia Of his rank, and of his ex- ploits in war, arose to his full height and ad- dressiu ug 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 case to the jury in her own way. Having enjoyed in early manhood the privilege of studying the common and chancery law under his distin- guished relative, long the illustrious chief justice of Virginia, he was not unacquainted with the duties and rights of litigants. He therefore asked that the lady in this case be permitted to state to the jury her own case, with which she was perhaps more familiar than himself or, her attorneys. "Who," calculated the spirited little woman, "haye been driven out of court by your honor"
 At this remark and the bearing of the lady the judge, who was spirited and plucky gentleman of the Slidell-Mackenzie stock, fired up, and, addressing General Gaines; re- minded him that he would be held responsi- ble to the court for any breach of the privi leges and dignity of judicial proceedings. To which menace the veteran soldier rising, responded that he stood ready to respond to any and all demands of responsibility for the acts and sayings of the lady in every form and manner recognized among gentle men,"
 Whereupon the judge interpolated the sug- eestion that the court would not be overawed by any display of military arrogance and warlike equipment in the discharge of the powers and duties of his position.
 "Your honor gravely misconstrues my sp- pearance in this court in the uniform of my rank in the army, in conformity to the regu- lations of the War department and from my respect for the civil authority, in the defense of which I stand pledged promptly on all oc- casions to draw the sword 1 bear" Stimula- ted by the decisive and manly bearing of her veteran spouse the unconquerable little lady then interpesed with fierce exception to the authority of the judge to preside in the trial of her case, he having once acted as attorney in some proceeding arising out of her many suits, Here was 8 recusation, of which the judge declared he would take notice and upon which he would hear argument. Mrs. Gaines thereupon, addressing the jury, proceeded to present the whole history of her remarkable case, the judge in vain fnterposing and in sisting that the question of recusation must be argued to the court and preliminarily de- cided. But it was in vain, and the judge, with reddened face and flashing eyes, re signed himself to his fate, while the lady consumed the whole days session of the court. and on the arrival of the hour of ad- tournament the judge, with an air of intense relief, reminded her that her argument must be continued over.
 The next day, when the time arrived for the opening of the court. the deputy sheriff announced that the judge had been taken quite ill on retiring to his home after the days excitement Mrs. Gaines had proved too much for the stout and spirited judge, who did not make his appearance in court for several days. When he did he overruled the exception of recusation and quietly, but evidently much enfeebled by his recent all ment, resigned himself to his miserable fate, and at the close of the lady's speech gave the case to the jury. Neither the jury nor the court to which the case was carried on appeal were ever able to arrive at any satisfactory solution of the questions so eiaborately and excitedly discussed.
 One of Houdin's Tricks.
 From the Saturday Review.l
 The great Robert Houdin went by royal command to Saint Cloud, as he relates in his eConfidences. to give show before Louis