The Pulaski citizen. [volume] (Pulaski, Tenn.) 1866-current, 1884-07-31
John Marshall Of Tennessee.

John Marshall Of Tennessee.
In the sketch of the life and charac-
ter of John Marshall, prepared and
association at Chattanooga, by Mr..
Randall M. Ewing, of the Franklin
bar, occurs the following:
With one illustration of his power
over juries l will conclude that branch
oil my sketch which treats OF him as a
lawyer The Hon. Nat. Baxter was
the presiding judge. Nathaniel Harri-
son had ,been a man in easy circum-
stances, was popular in the country, an
old sebool-mate of Mr.. Marshall, and
tor many years had held the office OF
deputy sheriff OF the county. He had
a large family OF children, the eldest
son at that time being about sixteen
years old. In an evil hour for him
Harrison had become surety for large
amount; the friend became insolvent,
and the old story of ruin and disaster
was the result. The homestead was
sold under the hammer, and even the
small amount OF personal property,
| then exempt from execution, was sur
| rendered and likewise went to the
block. Harrison, broken down by the
storms offate. gave up the fight, and in
des pair took his seat in the chimney
corner of the rough cabin to which he
removed his "penates," ;" and the wretch
ed fragments of his once competent for
tune. Fate seemed to pile ''Pelion ken
OssO" to overwhelm him. Far ad-
vanced in years himself, and an aged
and widowed mother was, in addition
to his large family, pensioner to his
penury. The rented cabin was attached
10 a few barren acres OF stony hill side.
But if the father had given up the
fight, prisoner to despair, not 50 the
boys. With the zeal and ardor of
youth, they had tickled the barren
hillside with the hoe, and the stony
hearted step-mother had smiled upon
them with an abundant harvest. A
hogsheads of tobacco was in an ad-
vanced state of preparation for the mar
ket. But the best laid schemes o. mice
and men aft gang aglae, and just at
this time in their affairs one Moses
Farmer levied an execution upon the
tobacco to satisfy an old British debt OF
the father. In sore distress the boys
applied to kindbearted justice of the |
peace, (their neighbor), whose heart |
was much larger than his head, and who |
like necessity (or justice o the peace) |
knew no law, and under his sapient ad-
vice and surety, the tobacco was re-
plevied as the property OF the two mi !
nors,a and MIR. Marshall and myself were |
retained as counsel for the plaintiffs. |
The case was called for trial about 2 |
O'Clock in the afternoon. Simeon Ven |
able, Esq, was sole counsel tor the de- |
fendants. The plaintiffs proved that
they had done all the work in making |
the crop, ct pretered nfhtI. The deten- !
dant rendered to the jury his execution
and levy, which being closely exam
ined, was found o. K. Defendant
then introduced the landlord and |
proved by him that the father, and not |
the sons, had rented the premises; that |
all the stock and farming implements |
were the property of the father. That |
there was crop enough lett on the place |
TO pay the rent and satisfy the la nd
lords lien, exclusive of the tobacco; |
and lastly, that the plaintiffs were
both minors. AS usual, Mr.. Marshall
requested me to open the case. re-
piled, that if equipped with the best set
of burglars tools ever Invented, did
not think could effect an opening in |
that particular case. "Well, WELL"
said he, edo your best to raise DUST"
I rather ruefully replied that the |
ground was too hard even for that.
Nevertheless, l made few remarks to
the jury (you may believe L did not
trouble his honor and sat down. Mr.
Venable then put his side of the case to
court and jury, and wound up with an
apology to his honor ana tne Jury Ior
stultifying himself and them by talking
about so plain case. 1t was habit
of Mr., Marshall when he was going to
argue a case, to pace the floor oack
and forth-to and fro-until the time
came for him to begin; and you could
usually gauge the interest he felt IN the
case by his more or less rapid step in
walking. My attention was called TO
him as soon as l sat down. BY the ra-
pidity of his step, by the swelling OF
his chest, and the play OF his nostrlls,
that he was laboring under strong and
unusual excitement. At length 1t came
his time to close the case. He came for
ward to the bar. His whole face, even
to his lips, was colorless, and MS teeth
firmly set toge9qer. His chin qulV-
cred, his nostrils expanded, and he
seemed laboring for breath. The eve
ming was raw and chilly, The Novem-
Der sun, which all day had been OBJ
scured by gray clouds, suddenly flashed
put from a rift in the west, and with
It's level rays flooded the speaker with
a red sunset glow, while the court and
Jury seemed to be swallowed up in the
leep shadows Iof the old courthouse,
heir gloom intensified by the dark
,ints of the black walnut wainscotting
md cob-webbed ceiling. The speaker
Ilowly poured out a goblet of water ::
md saw his hand shook as with ague !,
when he raised it to his lips. For some ;
econds he seemed struggling to calm :
himself. There were not a dozen per- !
ons in the courtroom unconnected :
With the case. The Harrison boys (our I,
faN al fho hor ! i
Mr.. Marshall's rear. The defendant =
Farmer sat a few feet in front of him.
Amongst the jury there were four or :
i've elderly men, some of whom had :
'echOOlmates of the elder Harrison
md of Mr.. Marshall. He began, in
ather a subdued tone and manner, to Y
ak about the old pioneers of the conn y
ry; of their early struggles in the will 8
erness, their indOmitable courage, a
heir untiring energies, Then he be- il
AN to talk about the children, their n
'eculiar discipline, :and the almost in r.
difficulties in procuring =
ven a limited education in the old field i,
chOol-hOuse of the period. Up to this \
oint the court and jury seemed to be -
skiing themselves what has all this to :,
o with the case at the bar. And ~
hough deeply interested, that interest ii
eemed to be mingled with bewilder- "
lent. But soon the high excitement n
nd suppressed emotion of the speaker a,
ecame contagious. "From such sur o,
amidst such obstacles as u
lese," said he, "Patrick Henry, Clay,
Webster, Calhoun, every hero and
.atesman OF this vast republic has
lounted up to fame and glory" He al
len turned his back upon the court =.
nd jury and addressed himself to the "
oys. He commended them for their ",
lial piety, for their industry, for their v,
,urage. He implore ed them not to be .,
,ot HnWn nor -