The Anaconda standard., 1895-06-05

prisoner. After attentively considering
IL, Judge Gresham mentally concluded
| that the defendant could not be con
/ Nicted on the evidence presented, and
was about to instruct the jury to ac
| quit. when General Harrison arose Il
| deliver the brilliant plea he had pre-
pared on behalf OF his client.
Mr.. Harrison. you will please take
you seat" said the judge. quietly
My mind is made up in this matter
and l am ready to instruct the jury
without further hearing"
General Harrison stammered. grew
red in the face and finally blurted out
that in justice to his client he should
be permitted to speak.
1T is entirely unnecessary. Mr.. Har-
rison,' repeated the judge. You may
take your seat"
Still misunderstanding the situation.
General Harrison insisted on being
heard. but was finally sharply ordered
to his seat by Judge Gresham. who
then turned to the jury and, to the
complete astonishment of General
Harrison, instructed that body of peers
TO acquit the prisoner. since he could
not be held under the evidence pre-
sented.
This was the first outbreak of a per-
sonal quarrel which had strong influ-
ence on the later career of Gresham.
and probably had considerable to do
with his final abandonment of the re-
publican party and with many of his
unpopular acts as secretary of state.
The beginning of the quarrel is traced.
however. to the desire of Gresham to
lead the republican party in Indiana
in the face of the fact that he was not
the chosen leader, and his unprovoked
and bitter opposition to Oliver Il. Nor
ton. The friends of the war governor
have always held that Gresham played
the part of a sneak in Morton's pres
idential canvass before the Cincinnati
convention in 1876.
Gresham left the bench and opened
headquarters at indianapolis for Bris-
tow. when the delegates were being Sc
lected for the national convention, and
under the guise of friendship for Nor
ton. betrayed some of the latter's
friends into pledges which were finally
turned to the support of Bristow.
When Gresham, while a member of
President Arthur's cabinet. sought the
United States Circuit judgeship. and
caused to be circulated a petition I'm
his favor. Senator Harrison and his
two law partners refused to join in
the recommendation of Indiana law
yers.
At the time Senator Harrison refused
20 sign the Gresham petition. he stated
that he did so solely because he did
believe Gresham fitted for the bench.
Later. when president. General Har-
rison restated his estimate of Gresham
as a lawyer and a jurist. 1t was just
before the appointment of Associate
Justice Brown of Michigan.
a senator went to President Harrison
and stated that there was a general
feeling in congress. and. in fact
throughout the country among lawyers.
that IT would be a graceful thing for
him to rise above personal feeling"
and appoint Gresham to the supreme
court.
Yes" said President Harrison. II
have had this suggestion from six or
seven Chicago lawyers, who came here
for the purpose of delivering IL to me,
and IL has come with significant uni
formity. Any feeling that has existed
Judge Gresham and myself
would not have the least weight with
me If / believed. in the first place, that
he was entitled to the promotion. and.
In the second, was in the least fitted for
the position.
Without any prejudice. l must say
that iii my mind Judge Gresham is the
poorest lawyer on the circuit bench Of
the United States court. He is fitted
neither by disposition nor training for
the position he occupies. much less the
one he seeks. He never was "A lawyer
and never tried To be one. His preju-
diCes have always swerVed him from
the path of duty, and I believe his in
ilrmities in that direction wholly in
him for the occupancy of
any judicial position"
In 1880 Gresham was a candidate for
the United States senate against Har-
rison, but was defeated