The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-05-01
Then A TENDER SAPL|NC.
First Difficult Case Managed by
Webster, the Great Limb
Of the Law.
How He Very Promptly Brought
Some Unwilling Selectmen
to Time.
Intimate Views of Webster's Character
Tribute to j. Fenimore Cooper
Story of a Vandyke.

T can probably furnish Daniel Webster,
earliest experience in managing u dltiicul
legal case, writes r.. b. Kimball to the New
York Times. l give it on the authority o,
nv father, for the scene dates back tc
1906.
At that period there WAS no good roat
from what were called the PORTS" to wit
the towns of Boston, Salem, Newhurypor'
and Portsmouth, through the state OF New
Hampshire to the Connecticut river at The
point now known as White River junction
The means of communication were sc
wretchedly bad that the merchants could
not send goods to tho interior except al
great Inconvenience. The legislature OF
New Hampshire finally chartered the
Fourth New Hampshire Turnpike" to be
constructed over the route mentioned. The
stock was principally taken in the towns
on the seaboard, and the corporation OF
Portsmouth itself subscribed largely to thu
undertaking. A special tax was levied te
meet the subscription, the money collected
and paid into the treasury. This money
was only to be paid over to the turnpike
company when the road had been finished
to a certain point.
My father was the engineer for the upper
part of the road, and when all was ready
the proper documents we're prepared to yer
ify what had been done. These were taken
by him to the Office of Judge Thompson in
Boscawen, the attorney for the turnpike
company. / give what follows in my
fathers own words:
ION handing the papers to Judge Thomp-
son he told me he would send his son-ln-
law, who was his partner, Immediately to
Portsmouth, and requested me to call IN a
couple of days, when the money would be
at his Office. His partner had returned
without the money. 1t seems there had
been a change of political parties, and the
new selectmen decided that the action of
their predecessors was unconstitutional and
declared they intended to test the ques-
lions in the court.
II was d~umbfounded. I had felt sure of
she money. The company was in great
need of it, and / thew how much this fail
ure would embsrrass them. My face must
have exhibited intense disappointment.
Suddenly Judge Thompson exclaimed:
81 believe / will send Dam
"At this, a thin face was turned up from
a desk near by, showing a pair OF immense
black eyes and a swarthy visage. 1t was
Daniel Webster, then % or % years DID. He
was a law student IN Judge Thompson's
office and had nearly finished his course.
"'Yes, I will send Dan,' Judge Thompson
repeated. Come again in three days
"All this me DAN did not utter a word,
but continued his reading.
SAT the end of three days | returned.
Young Webster had collected the money.
! exchanged but q few words with him at
the time. When in Judge ~Thompson's
private Office | asked how it had been done.
This was his explanation:
Taking a letter of introduction to the
judges correspondent in Portsmouth, young
Webster presented himself and asked Ter
mission to use his office to transact q lit e
business. He at once proceeded to issue, III
Judge T~hompson's name, separate writs for
each of the tow officials, holding each to
bail. after the practice of that time, in his
individual capacity. The sheriff was sent
for, the writs put IN his hands with direc-
tons to serve immediately and to inform
the persons aealnst whom they ran that
Judse ~Thonpson's representative would be,
for that day. in the office designated. In &
short time they came rnnninH in.
Young man. said the spokesman, you
are making a mistake. You should sue the
corporation. We as individuals have moth
ing to do with the matter
"'You are yourselves mistaken, gentle-
men, was the reply. The corporation has
nothing to do with it, for the corporation
A'so N'Ao y NopJs L flSSGSttoo AlAo
vlGually for malfeasance in office! The
money has been paid in for this specific
purpose, and the turnpike conpan will
hold each of you personally responsible fol
heavy damages for obstructing its works.
THE result was that the proper order was
signed and the money paid the next morn
ing"
NY father afterwards saw much of young
Webster, and it was in this way their &C.
quaintance commenced.
What gives u special value to this anec
dote is that many years later, afteF | myself
had become intimate with MIR. Webster, |
repeated it to him. Flo recalled the affair
distinctly, and even corrected me in one
trltling particular.
During this latter years of his life | was
often at MIR. Webster's house, especially
waen he visited hls New HI moshire home
at Franklin. | have frequently been with
him when he was quite alone, but generally
the place was enllvened by the presence Of
congenial friends. He was fond of sittlnG
on the piazza in the summer evenings ant
enjoyed and entered into the pl%easantries OF
the company.
When at Franklin his habits were ptimi
tive and temperate. He always asked
blessing at the table standing. He did no
sight ths service by u~ttering a few unin
telligible words. His nature was deyout
mo one can fully appreciate the Psalms o
David till he is past fifty" he said to m
one evening. Tn announcer occasion. ate
he had been making a search for a secon,
cousin who he thought lived near Franklin
he said, when We are young every one i
for himself. We give little thought to rela
tlves. AS we grow old and approach til
confines of age, we cast about for kindred
Mr.. Webster originally joined the Con
gre1ational church in New Hampshire
When he went to Boston lie attended tn
Unitarian church. After his marriage Will
Miss LIE Roy, his second wife, he was
regular attendant at the Episcopal church
One of his visitors at Marshfeld. a Unita
RAN, remarked to him very tiippantly
There, Mr.. Webster, you now attend
church where one is three and three is one.
y do not undertake., sir, to explain tn,
mathematics of heaven" replied MIR. Web
ster graye!y. and the subject WIS dropped
In February, 1892. ton months before hi
death. | saw Mr.. Webster for the last time
d. Kenmore Cooper, the novelist, had die,
the December previous. soon after hi
death Il meeting of literary men assemble,
III the governors room at the city hall t.
devise q plan for obtaining money to erec
a monument to his memory. Washingto
living presided. A committee of arrange
ments was appointed by the chair. | wa
named as a member. Then came the cues
ton, o was the money to be raised fo
the monument? 1t WAS suggested that MI
Bryant bs invited to deliver Il eulogy, an
that tickets should be issued at half Il do
lar. The feeling, however, prevailed tina
while Mr.. Bryant would draw perhaps &c
of the intellectual of the city, no could nc
ill Il large auditorium like Iripler hal
which WAS then standing and which woul
seat 5000 persons. Who could fill thu
hall? Suddenly DIR. GriSwold exclaimed.