The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-03-21
THE RED-coAr WITNESS.
4 1eminisosnce Of Early Court Days In
New England.


Daniel Webster was fond Of q good
story, and told number illustrating
his early life in New Hampshire. One
evening at q conviviaI party, where he
and several distinguished lawyers were
present, the conversation happened to
turn on the legal profession. "When
was q young practitioner" said Mr..
Webster, there was but one man at
the New Hampshire bar of whom ]
was afraid, and that was old Barnaby.
There We're but few men who
dared to enter the list with him. On
one occasion Barnaby was employed to
defend a suit for a piece of land, brought
by a little, Grabbed, cunning lawyer
called Bruce, Bruce's case was looked
upon as good as lost when it was ascer-
tanned that Barnaby was retained
against him. The suit came on for trial
and it was found that Bruce had worked
hard, and left no stone unturned to
gain the victory. The testimony for the
plaintiff was very strong, and useless it
could be impeached, the case of the
defendant was lost. The principal wit
ness introduced by the plaintiff wore a
red coat. In summing up for the de-
fense, old Barnaby commenc ed q
furious attack ON this witness.
pulling his testimony all to pieces, and
appealing to the jury if man who wore
o red coat was, under any circumstances,
to be believed. And who is this red
coated witness?' exclaimed Barnaby,
but a defendant of our common enemy,
who has stTiven to take from us our lib
erty, and would not hesitate now to de-
prive my poor client of his land by
making any sort of red-coated statement! !!
During this speech Bruce was walking
up and down the bar, greatly excited,
and convinced that his case was gone,
knowing, as he did, the prejudice Of the
jury against anything British. Whilst,
however, Barnaby was gesticulating and
leaning forward to the jury in his elo-
quent appeal, his shirs bo-
som opened slightly, and
Bruce accidentally discovered that
Barnaby wore a red undershirt.
Bruce's countenance frightened MP.
Putting both hands in his coat pockets,
he walked the bar with great confidence,
to the astonishment of his client and
all lookers-on. just as Barnaby con-
cluded Bruce whispered in the ear of
his client, I've got him now,-your case
is safe;' and approaching the jury he
commenced his reply to the slaughtering
argument of his adversary. Bruce gave
a regular history of the ancestry Of his
relocated witness, proving his patri-
otism and devotion to the country, and
his character for truth and veracity.
But what, gentlemen of the jury, broke
forth Bruce, in a loud strain of elo-
quence, while his eye flashed fire, what
are you to expect of a man who stands
here to defend cause based on no
foundation of right or justice whatever;
of q man who undertakes to destroy our
testimony on the ground that my wit
ness wears q red cont, when, gentlemen
of the ury-when, when, when, gentle
men of the juryr(here Bruce made, q.
spring, and catching Barnaby by the
bosom of the shirt, tore it open, display
ing his red fannel) ), when Mr.. Barnaby
himself wears red flannel coat con-
cealed under a blue one?' The effect
was electrical; Barnaby was beaten at
his own game, and Bruce gained the
cause. II Ben Perley Poore.