Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1897-02-19


dence of fraud in Elrt had crupped out
but that was not the theory ON which
the case WIS proceeding ut all. Judge
Poland said, MIR. Ray. the Court will
have to tell the jury that your client
does not stand in any relation Of credi-
tor to this transaction" Undisturl'cd
and without the least indication of sur
prise the advocate turned to the jury aud
said, We'll, gentlemen. | didn't know
but that point might he worthy of con
sideratiou, but on the suggestion oi His
Honor will at once go To the discussion
OF the real question in the case aud will
show you bev"Ed reasonable doubt
that this transaction is in fact STEPPED in
fraud, - and he accomplished Il.
In an action before magistrate in
which the declaration complained OF the
conversion of "s,x yearling steers" he
asked the magistrate to permit him to
amend the declaration by striking out
the word steers" and insert III lieu there
OF the word "heifers." The defendants
counsel objected and the magistrate de-
MED the motion to amend because he
said it would "cumulate the evidence"
Perceiving the dense ignorance with which
he had to deal MIR. Ray replied. Yes
see that would be the effect OF it. SO
will strike out the word steers" and
let it stand warnings and that will
simplify it," Ives, that's so" said the
magistrate, and before even a protest
could be entered the amendment was
made and the trial proceeded.
In scenes and practices similar to
those above described and in such towns
as Lyndon and East Haven Young Bing
ham developed that patient industrious
and careful preparation and arrange
ment of his cases and those cool, adroit.
pleasant vet effective and courageous
qualities which made him in after life
midable as an adversary. Observation
of the man would not suggest that he
would be adapted to such scenes and
practice; vet lie was. He was tall, with
neither positively delicate impressions
nor set down rugged like Ray. He was
full of bright and cheerful light and his
presence was warm and genial. Mirth-
full and enlivening influence and CONVEX
sation seemed to make hlS whole being
luminous; but he who inferred from that
. that he was supine or that he would not
be valiant in the keenest encounter often
+ woke as from a dream. He was not it
is true of the gross physical type, but he
: could deal haudily with the toughest men
and conditions. He seemed, however, to
, fence rather than forccor beat his way
: through rough places. At the same time
I, he was an incessant worker, explorer
q and miner, and often worked night and
l. day to bring to the surface every fact he
n could find relating to his case. Yet he did
. not seem to me to classify or arrange
c his facts with any very absolute general
$ design. but his purpose seemed to be to
: familarize himself with their nature, de
q tails, use and bearing in order to have
i them ready tor use when most required
| am speaking now of facts. The law o.
q his case he did carefully desig ign, and he
r so famliarized himself with its analo
= gies that he could quickly appro pirate
h his facts with reference to the law as ht
v went along in a trial. His labor wa:
# immense in comparing every feature o
y his work with every element in like case:
n in the books and in doing that he die
is not look over those cases but into
Of and through them. ltmattered nothln!
e. to him how insignificant the amount in
r. volved was; he forgot that i'll deain?
A. with principles as if i'll the abstract ant
# thus he enobled all his work. He wa
d never idle in a case, but always putin.
n in braces, props and supports Hiswor
m all through a trial was a sort OF an IN
" termittent argument To illustrate: Ii
n the trial of case it was claimed tina
in the plaintiff decedent was killed throug
H. defendants negligence; and by tn
L. defendant that the decedent died of Il dis
Is ease contracted before the accident. I,
h show that the decedent was diseased be
az fore the accident the defendant produce
Va. a witness who testified that he saw tn
of plaintiff (decedent) before the acciden
or and that he was troubled the same as h
" iwitness) was. and that they sent 70
&C. and took the same medicine. Substar
,s tally this cross examination followed
It. viz:
st Mr.. Bingham-"You say you wa
1g troubled the same as plaintiff was?"
lc- "Yes, Sir"
err "Ynu both took the same incidence"
to eyes, Sir"
Die "You was not in the accident as 70
oh call it?'
in mo, Sir"
le- "You got well and are healthy now
tn Eyes, Sir"
es- "And the plaintiff is dead?"
IT'S Eyes, SIR
dy That's ALL"
ar Although keeny alive to all pleasar
his social surroundings at the same time {
zen a LAWYER he was of Platonic tendene
di- as all lawyers should be as far as Co
nd sistent. His nature took i'll the who
it'll of a situation. He did not read marrow
he " but comprehensively. He did M