The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-08-01
ARP ON OLD TIMES.
Eill Has Another Reminiscent Mood and
Gets o6 Some Storles-Row Great
Case Was Won.
GAtlanta Constitution I

Atlanta Constitution.
The other day I asked an Atlanta
man who he was sfor-Candler or Living.
ston-for Congressman from the fifth
district. He looked very serious and
replied: Il get The Atlanta Constitu-
ton before breakfast, and from that
time until o'clock p. III. I an for
Livingston. Then the Journal com es
into my office, and | am Gambler man
until next morning. am like the
average juryman~ who takes his cue
from the last Speech"
I have thought for a long time that
the last speech ought to be abolished,
but I don't know how it is to be done,
unless we abolish the jury and let
the speeches, he made to the court.
Then the speeches would be short and
to che point, and it wouldent make any
GGerence who spoke. Hail Columbis
wouldent pay before the court, sspeci-
ally if the court consisted of three mem
bers. The last speech is tremendous
power in the keeping of an artful, elo-
quent advocate. I have heard Judge
Wright, of Rome, in many important
cases, and his closing speech nearly
always secured him verdict. It was
more powerful than the evidence or the
charge of the court. I remember when
he sued the Rome railroad for $4,000
for causing an injury to Colonel Jim
Waddell's spine. We thought that
just a lawyers trick of claiming about
ten times what he expected to recover,
but just before the argument began be
had the amazing cheek to ask leave to
amend his writ and raise the d.mages
to $4,000. The lawyers all smiled. and
so did the presiding judge. But be had
the last speech and got verdict Of
$4,000.
A most amusing case of "last speech"
occurred when I was quite young
lawyer at the R ONE bar, Jim Perkins
was the magistrate. We had elected
jim just for fun, and he gave it to Us:
He knew no more law than necessity
and it is said that necessity knows
none, but he was big-hearted and full
of humor and everybody liked him.
He is the same Jim Perkins who was
shot at Gaines's mill. 1t was an
umbilical ceater shot, and the ball
came out at his spine. DR.. Battey, the
famous surgeon, was the surgeon of the
regiment. After examining Jim, be
said: My poor fellow, you are nortally
wounded. If you have any messages to
send home you had better tell them to
me at once. IF you have any will to
make, make it verbally" Jim smiled
and said: "I've got nothing to will,
doctor, but is there no chance for me
at alp" about one ina thousand"
said the doctor. "Well, if I have that
many I will get WE'LL" said Jim, and be
smiled again. Then his ruling passson,
like Tom Hood, provoked him to add:
"Doctor-doctor, if I should accident
ally get over this wouldent it be great
naval victoryw
And be did get over it, and was back
on duty within sixty days.
At the first court that he held in
Rome I was employed by the plaintiff
in case, and Tom Alexander was on
the other side. We were both young
lawyers and were generally pitted
against each other. We begun that
way in old Lawrencevllle, and when
we moved 10 Rome We kept it up. l
understand that he is now candidate
for judge, and I don't blame him for
wanting an easy position at his time of
life. I would like one myself. But
Rome is not in our circuit and the boys
must fight it out. Well, when my case
was called proceeded to argue it, and
just as soon as concluded Perkins took
his pen and said: "The court, gives
judgment for the plaintiff"
Hold on" said Tom; "hold on, If
you please. 1 haven't been heard on my
side"
Beg pardon" said Jim;"I heartily
beg your pardon, Brother Alexander;
you can proceed, sir"
Tom cleaned me up in about ten
minutes. Perkins seized his pen again
and said: Judgment for the defen-
dant."
Hold on again." said I. eff your