The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-10-07

ever, go on with your argument And
there we're no more Interruptions.
After making his argument. which be
brought to CONCLUSION with perfect self
| possession, the young lawyer was the re-
cipient of many compliments, which seemed
TO embarrass him much more than the duel
with the court. Some one congratu. ated
him for not having been terrified by the
court. His answer might probably be
remembered by young lawyers.
why should l be afraid. / knew my
case. l think l knew more about it than
Justice Miller knew on the spur of the mo
ment. When lawyer hasn't prepared his
case, he may well Be nervous. When he
knows 1t from the ground uD, the advantage
is all with him, and not with the court"
don't know what became OF the case,
and it doesn't matter. What have writ
ten is intended TO show that Judge Miller's
apparently disagrseable manner was sOme-
thing that disappeared when confronted by
respectful self-asseruon on the part of the
bar.
Dan Finch, one OF the ablest lawyers in
Iowa, democratic leader, and United
states district attorney under President
Cleveland, tells of an experience he once
had with Justice Miller. 1t was during
session of the United States circuit cou at
Des Moines Finch was making an argu-
ment and was about to cite as authority a
case which he said was decisive Of the one
he was discussing. But Judge Miller re-
fused to hear it, and said he was familiar
with 1t and it hadn't the slightest bearing
on the case at bar. Finch was
so mortified that he closed his
argument. His opponent then presented
the other side. Judge Nourse of Des
Moines who was associated with Finch,
followed with the closing argument, and
| cited and read the very case which Judge
Miller had refused to hear from Finch The
next morning Judge Miller decided the
question in favor Of Finch's client. remark
ing that the case cited by Judge Nourse
was conclusive upon the point. That
evening Finch was invited to q game of
whist at the hotel, and upon entering the
room found Judge Miller there, and learned
that he was to be one Of the party. Finch
at once said hotly that he would not play
with Judge Miller. The judge was greatly
surprised and asked Finch what was
publicly insulted in the court room,
and recalled the judges atten-
ton to what had occurred. Judge
Miller protested that it was alli a mistake
that he had mixed up two cases in his mind
and did not realize that the case Finch
wanted to read was the one afterward cited
by Judge Nourse, and he begged Finch to
accept his apology and let the matter pass.
Finch finally consented, remarking, how
ever, that private apology over a game
OF cards was So poor reparation" for a
public insult.
Not long after this Judge Miller was bold
ing court at Sioux City, and was the guest
OF the evening at a reception given by one
of the citizens Mr. Finch was also pres
ent. The judge was delighting a circle of
listeners with stories of Washington life
and of his experience as a justice of the
supreme court. Some one asked him whom
he considered the ablest lawyer who had
practiced before the court during toe years
in which he had been a member OF it.
After some hesitation Judge Miller said
that he thought it lay between dney Bart
should be compelled to declare In favor of
Judge Black Finch, who had been listen
ing, said;
"Well, Judge, Pm glad to hear you say
that. Now, would you like to hear Jere
Blacks opinion of youM
OF course the judge could only say that
he should much like to hear it. Finch then
told this story. He said:
Some years ago / was called upon for
the first time TO appear in a case before
your court in Washington. l took with
me letters of Introduction to several promi-
nent lawyers, any one of whom would move
my admission TO the bar of the court. It
happened that l came across Judge Black.
He procured my admission, enter
OoAAOA AlAO AAHob AACoEAN6D4ss utlA Ehf0
me great deal OF information about
the court, the judges. etc. l asked him in
the course Of conversation whom he con-
sidered the ablest judge upon the supreme
court bench. He thought a moment and
replied "Well, there's a man up there
from your state that | would rather submit
a case to than any one of them unless there
was politics in it and then l wouldn't trust
him as far as L could fling bull by the
tail"
Finch always said that after ringing in
that story on the judge, he felt as If he
could afford to cry quits. And I believe
they we're latterly the best OF friends.