The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1884-12-03

memory as to be indelible.
In 1862 a friend said to me one
day that the renowned Tom Mar
shall was at the court house in CHI
caeo, and was shortly 10 make
speech In case before the Circuit
Court. / FASTENED to the court
room, where / found that the quiet
ly-circulated report of his presence
had accumulated large audience.
The case was suit for malicious
slander. in which the leading lawyer
for the prosecution was Mr.. Mar
tin. now a resident of Wisconsin,
and one Of the most genial and
pleasant gentlemen one will meet
In a weeks travel. After the old
English custom, as well as the Gus
tom which prevailed TO some extent
in early days in our Eastern States,
Mr.. Marshall usually bore into
court with him a green bag, IN
which he carried his briefs, and
such law books as be had occasion
to use in the trial of his cases. Of
this bag more anon.
As | entered the ceurt room Mr..
Martin was concluding his speech
for the prosecution. 1t appears that
Marshall had just been introduced
to the court as assistant counsel for
the defense, a few minutes before
Martin began his speech. 1t was
understood that the great Kentuck-
iaE had been on a prolonged lark,
and had volunteered in this case as
a mere freak, and to furnish sport
for number of friends. Martin
was evidently disconnected by the
appearance of such an antagonist,
and found him making q depreca-
ting appeal to the jury. " | warn
you. gentlemen" he said, against
being dazzled by the brilliancy of
the celebrated orator who is TO fol-
low me. have endeavored to pre-
sent you the facts in this case and
it behooves you to be faithful to
your oatbs, and keep your minds
upon the truth. so as not 10 be Sc
duced thereirom by the poetry that
your are about to hear"
Marshall arose. He was then
about 90 years of age, and the in
tensity with which he had lived
made him look older He was very
tall. with a massive frame, and
ewes that no age could dim, glaring
out from cavernous sockets. He
raised his spectacles from his great
forehead, and looked from one jury
man TO another until he had sur
veyed the whole group. When he
began speaking has voice was so
husky that he could hardly be
heard by those nearest to him. He
had a severe cold. which had set
led upon his lungs, and seriously
impeded his speech throughout ;
and vet. before ne had concluded |,
for one, forgot that there was any
impediment 10 his eloquence. From
notes taken at the time, | reproduce
as nearly as possible the substance
ofhis opening remarks:
Gentlemen of the jury. / have
come before you, a stranger in a
strange community, to plead the
cause of poor man against con-
spiracy 20 fix a stigma upon his
character, and to crush him with
the weight of an enormous amerce-
ment, or incarcerate him in peni-
tentiary dungeon. All unprepared
as ] am, appear, by the courtesy
of this court, to make such poor
plea as | may in behalf of a fellow
citizen of our common country,
where speech should be everywhere
as free as the arr we breathe.
The learned gentleman who has
preceded me has warned you, NY
countrymen, to beware of the poet
ry that | shouldintroduce. Gentle
men of the jury, Ged pity me, | am
no poet | would to heaven that
were | have never made one true
rhyme So much the worse for nee
| have never drunk of the Helicon.
ian spring. But, gentlemen, such is
the strength of this case, and such
is the wrong attempted to be perpe
trated upon nay client, that it might
well draw tears from the most cal
lous heart ana should /, stirred by
its thrilling interest, be moved tC
words of fervor, pray you to re-
member that what the distinguish
ed gentleman may call poetry
may nevertheless be the burning
truth.
Truth, gentlemen, is coeval witt
poetry-both are immortal, eternal
and it grieves me that member o
the profession in which it is my
pride to be enrolled, and the pleas
ure of my life to serve should seel
to dissever these twin-sisters.
when the gentle bard of Avon
tuned his harp to strains that ech
oed to the farthest ends of earth anC
rang down the listening and enrap
tured ages, did be not crystalize il
his undying verse the truths of hu
man life, and record in truths owl
essence the beatings of nature
rhythmic heart, to be read till tim
shall be no more?
"When Milton, the blind prophe
of the federation of humanity, SAN
such strains as woke the conscienc
of great England, what but clarified
eternal, omnipotent truth did he III
ter, sweet though We're his measure
with the fragrance ofthe softest Ital
ian airs?
And, when David sang in th
courts of Jehoyah-Jireh. or whe
Miriam went forth with timbrel i
hand TO shout over Egypt's dar
sea the freedom of her people, di
either ofthem sing anything but Ii,
ing, breathing, glowing, heavenl
truth2
When the morning stars sang L
gether for JOY twas the first song {
time, the primal poem of the un
verse. Thus you see that the A
mighty began His grand ProvidenC
with choral harmony, which hs
continued to this hour, in the rol
ing seasons, in the requiem of heat
ing sea and breaking surf, in tt
carols of birds, and in the murmal
of ripping streams
The gentleman should have ri