New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-17
,,ce ana also expla,ned the legal results and the

tce. and also explained the legal results ana III"
rhis led TO a curious sequel for within a rev
weeks l was retained for piain.ili ~ ,.s"s
came IN for hearing b.fcie Nice-C hanceilor
Mains | duly appeared. feeling confident OF E me
cess not only my own OPINION VI tn'
plaintiffs rights. but according to the we" ~
pressed by benjamin that ne was III iIo 49, 49,
found opposed to Inc for one OF the &C. u,ia
/ Sir Roundell Palmer for the other MI p'"'a
min Talmer's case was postponed on me
ground Of personal convenience, but ne .o'" ~.
while we waited for the judge 10 come nv, nv, a.,
that the point quite new 10 MIN DC ~.
and myself occupied the whole day WI, WIN wu
arguments. and the vice Chancellor, a. ~ lev,
doubling. delivered q judgment aGaihS' VI LIZ
presented by Benjamin and IN favor 81 nc,
which he had furnished me when haa souS"'
his aid. ,, % .be
Office Of Queens Counsel write TO the ora
Chancellor of the day expressing their WISH W
acquire the position. and so oD'ain thc rs w -,
wear silk gown and the Pre oasa !, was other.
wise: while still junior he hcld many nileIS -,
tho House Of Lords. and when CaiihS va ,,r,s
Chancellor he was so s.ru'h h, WY" hat he wrote
hin, n note proposing If Benjamin was wiillnG'
IN appont him one Of Her Majesty 'ouhs ,
This mas accepted. and from that time behJd
minis practice increased and he soon held a nsm :,
;.ositior and made as large an income as Jug
barristcr within the bar ,, l., tho
Having thoroughly established himse' IN lne
FIRST rank Of the London bar, he went crcui.
choosing that which is pre- eminent IN col,'l'iel
cial and maritime law. the Northern. anu 'u ~
ACQUIRED n considerable practice aIthonRn NJ
had as competitors such men as tiolhrI. - -
Russell Herschol and others, who had IIi E'"i'
been working up TO the position they heIu, ho.
A. Liverpool his knowledge Of the 'raue ne
tween that port and New-York was 81 eie't
service to him. The turies Thoroughly aPi.c i
Cd his practical mode OF dealing WIN NV H.,
cunostances Of a case. and more than once wren
counsel for defendant he fell foui 81 ms au.or,
sary by suggesting as probable ana ,hrrIiU ne
10 he accepted proved facts. ina, Wh.cI ne
Iid not call witnesses to support. ana $" 'a"iht
from the counsel for the plaintiff the heneh' -,
n reply. When challenged as 10 this ne WoulI
saw NV learned friend says have not proved
This WHY should !. when all Of YOU SehtIeineIi
nj tho iurv know perfectly well from eXHeriehc"
IN the trade that it must have been SCI
RENJAMlv. SOME WITNESSES. AND JURY.
On one occasion he was counsel for a plaintiff
who owned a cargo Of cotton, and claimed dam
ages against a Liverpool warehouse man VINO
had accepted It to be warehoused at stIpu-
lated rent The warehouse, II was said was 'i''
and the walls and roof gave way. WHEREBY 'he
cotton was damaged. The contract tne 9to"'ib
Of The cotton. and the fall OF the warehouS7 "Ili
consequent damage TO the palnuH were matters
If easy proof 70 the defendant me claim was
a serious one. other cargoes had pceh stoWtu
I'm the same warehouse, and as similar clauhS
we're made by their owners ne natufdllF SP't''"
no expense in procuring iul array II lhe' class
Of witnesses who are usualIj called experts
and upon whose evidence. rghtiS OF WlVi'Sis,
SO many caUstlc remarks nave pr"I Haur y!
iudges and OF hers. one after anothe: ihey cine
into the box witt the full confluence or Vast
experience. and the usual munluon OF tap"'a'
statements and long arrays OF hGures ana ch'cu-
lationS-arChitects builders, engineers, ware
house men and all who could assist In dclnoh,
strating TO the jury that no stronger OF r''r"
perfcct warehouse had ever been constructed
An these BENJAMIN treated with becoming
gravity asking Of each some little question: inc
answer 10 which might discount the eVIuen ,',
form
clienr At the end Of these came the cnnaN'
and last, but not least. to add one crushing pow
10 The hopes OF the plaintiff came gentleman
from a distance whose great prestige anu cVi-
bIned experience as both architect and engineer
ecIipsed that OF all who preceded him. lie gave
his evidence in that calm ana measured lonr
which demands acquiescence from all VINO near
r. and explalned the impossibilNy o. the accl-
dent having occurred In consequence or any I'M
proper construction or want OF repair Oh '"'
While this was going on Benjamin sat taking
a note In solemn gravity then rose 10 cross
examine. . 49,. 80, r-,o.
experience in the building Of warehouses?
O. Ard that you have carefully considered
the causes which lead TO their weakness?
@ And You have applied those considerations
to the present case?
A. have done so.
G. Then will YOU kindly answer me one more
question? Why did that warehouse fah?
The witness paused. and benjamin, WIN
nleasant twinkle in his eye. sat down with al
most a bump on his seat
The pause continued. and the effect was so
striking that jurymen. bystanders ana all rouId
~. res,s, a hearty laugh which terribly dimin-
ished the effect Of long and reasoned reply
which the expert gave as accounting for his con-
Clusion
"Thark YOU" said benjamin. slowly and calm
" II have no more questions with which to
trouble you"
The result was irresistible and ingenuity
Of ho counsel
PENDANT could restore the lost ground. verdict
for the plaintiff and damages