Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-02-08

tinguished for sense and public spirit
and private integrity. Then the young
men-Willlam J. Robertson. James l..
Gordon. Eugene Davis. Thomas Watson
| Dust dead. !. X. Mosby. Peter Carr, and
Rawlings. The orator. Richard Morris.
from Hanover, the land Of orators. had
died a few years before. These were
genuine types OF the country lawyers OF
| Virginia
Judge Richard II. Field was the Judge
OF this circuit. Simple and plain in man
ners, true and loyal In integrity. lawyer
OF large practical experience and COM
mon sense. more than of case-lcarning.
he was quick Of apprehension. and rapid
In reaching conclusions: not elaborate In
writing opinions. but like lightning IN
forming and delivering them. And yet
II was his rule To allow no one to argue
against them, however promptly deliver
cd with one exception.
WHAT HE PROPOSED.
He loved General Gordon, the senior OF
the bar. General Gordon proposed TO
show his Honors quick judgment was
erroneous. The Judge reminded him OF
his rule. The General. with "A twinkle
In his fine eyes and "A peculiar twist of
his fine lips Il can see him now. re-
piled. Why. really. the operations OF
rapid that unless counsel argue after
your opinion IL expressed they would have
no opportunity 10 argue at ALL The
Judge laughed. permitted the rule. heard
The General. and magnanimously reversed
his decision. with a caveat that the pri-
Vilege accorded to the senior member
was not 10 be taken as a precedent for
the younger members Of the bar.
AT the county tavern at Orange Court
house. in that period. the Judge Field)
and Bar assembled one evening after
the labors Of the day were over, and pro-
fessonal, public. and historic and lite
rary matters were discussed with clever
and playful criticism. In which sharp
| blows were given and received without
| temper or offence. Three lawyers were
there. who took part in the exercises OF
| debate. the Judge and the remainder OF
the Bar as auditors General Gordon.
| William Green, and Alexander r. Holly
! day.
y SHAkESPEAREAN SCHOLAR.
General Gordon admired and was bet
Ter read In Shakespeare than in the
works or reports Of my Lord Cooke. On
| ms occasion he was dllating mot dilut-
| ing, as a wag once said OF another
| speaker on the marvellous genius OF the
/ great poet He rose the generally did
| In conversation. when hs talk became
something OF speech). and held the floor
| without dispute, and not under the prior
rule. He permitted questions from the
audience. which only sharpened his wit
| and g~>Te spirit to his eloquence
| Green and Gordon were great friends
| ana mutual admirers-each admired In
the other what he did not possess. Cor
don dreaded Green's nice points OF law
Green feared Gordon's eloquence before
| the jury. Hence their tactics when op-
! posed were diverse Gordon strove to
brush away Green's obstructive legal OBJ
! lectiOns; while Green sturdily interposed
them. For Heavens sake. cried Gordon
ong day, let us get to the jury. No. said
! Green. for II We do my case IL lost
| on the occasion under discussion Cor
don spoke OF the myriad-mnded Snake
/ speare. whose knowledge OF the human
heart was as II he had made it--that he
seemed TO know all human avocations
as II he were a master workman In IT.
and that. in "A word, nil tete IL quod
non ornavit.
NOT EVEN A TYRO.
At this point. Green. who was quietly
| walking up and down the room, listening
with genuine interest to the eulogy on
| Shakespeare. inteTposed with the retort:
We'll. General. | am not disposed TO lie
preciate your beautiful tribute to the i'm
! mortal bard. but IL is due 10 loyalty TO
! our profession 10 affirm with confidence
| what | am ready to maintain before the
court, that whatever he knew Of other
avocations he was not even a tyro in the
scene Of Jurisprudence.
Gordon, with emphatic contemptuous-
! ness: Well. | suppose he could hardly
! compete with a county-cOurt lawyer IN
the trial Of a petty case before the Coun-
! Is Court Of Orange but / challenge your
! proof.
Green: In answer to your challenge, 1
! allege he showed utter ignorance Of the
simplest maXims Of law in the decision
Of the case In re Shplock."
Gordon Who the --- ever heard il
| called In re- Shylock?
Green know no othsr way 20 cite #.
| put | affirm the decision utterly alb
| surd.
| Gordon: No doubt Il IS unlntelligible 10
the pettifoggers who practice in the
| county courts. Do YOU prOpOs' TO drag
down the Wing d Pegasus" Of Shakes
| peare's genius and drive him TO the
tumbril-cart Of your petty County Court
Green mot Offended at this playful
badlnagel: Well. General. notwthstand-
ing your oblira tory expressions. | pro-
| csed 10 strive the Judgment was wrong.
| method. which Gordon did not like pro-
ceeded: You admit that when \ grants
ANYTHING to h the law implies with IL
the grant Of all that Is necessary 10 the
enjoyment OF the thing granted. You con-
cede that?
Gordon: No: I'll bs hanged II do. But
for sake of argument, | admit IL.
WHAT THE LAW IMPLIED.
Green: Therefore. when Antonio granted
10 Shylock "A pound OF flesh 10 b. taken
from about his heart the law implied
that 80 much blood was granted with the
flesh as must be shed IN order 10 the
legal possession Of the pound Of flesh
granted. But Mrs. Justice POrtia held he
could not take the flesh, because blood
would be- shed in doing so. which blood
was not granted-contrary to the simplest
maXlms Of the horn-boOks of law. Hence
| say Shakespeare knew nothing or law.
The General was not prepared to meet
this nice objection. and empu the Nlals
Of his playful wrath upon his learned
| friend for questioning Mrs. justice Iot-
tia's judgment.
At this point Mr.. Hollyday interviewed
But. Mr. Green. may not the decision
| be indicated on the old case OF Collins
against Blanton? This was not case OF
| grant. II was an eXecutory, not an exc
| cuted contract \ contract To take flesh
| and blood from the heart of q man In
volved his life: It was contract against
law and for crime. II was void ana could
not he enforced
Gordon (exultanO: Now. Mr.. Cr!tique
what do you say 10 that?
Green with all the gravity Of harris
ter in the Appellate Court: The poin
made by William Hollyday is very inee
NOUS, ] will look to see II the authorize!
| sustain IL.
HE WAS NO LAWYER.
But. General. II well taken. It leaves
my contention untouched. for as Mrs
Justice Portia based her decision on thu
ground objected to. and did not assign
as a reason for II that offered by william
| Hollyday. | insist that Shakespeare may
have decided rightly. but for a wront
reason. and, therefore, was no lawyer.
The discussion closed with merry laugh
ter. and the parties retired to bed will
mutual feelings Of admiration and affec
| ton.
Long after the dramatic scene at thu
Virginia courthouse had been enacted
and after the actors had passed ava.
forever an able German writer, DIR. Ru
dolph Won Ihering. wrote book Ell
titled "rhe Struggle for Law" and makes
one Of his leading cases. that on I'll
re ShylOck" In a note on page 81 HI
| thus coments on the Judgment in tina