The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-06-03
GRATITUDE.
judges story Of How an Oid'Iime c"ehs
Kent His word!

Bob Ingersoll once said, orae'"o' 80
fairest flower that sheds It's peri"ihe oe. VIC
garden OF the heart or something IKE ua'.
remarked Judge Edwin r. Mckee OF the r'ss
District of Missouri to a small gathering OF
barristers In a hotel office at Macon, NO. re-
Gently, when he was holding a special Term 10
try some cases for Judge Shelton. Inc lawyers
tilted their chairs against the wall ana waiueo
for what was TO follow.
I've thought Of that several times in connec-
ton with an incident Of the days when ! was
practising and looking eagerly for clients,
Judge Mckee went on. "The start Of the story
was about fifteen years age, and " was IN my
home town, Memphis. A fellow called on me
one day and introduced himself rs one Ensign
! forget his first name. He said he had got into
trouble over a small matter and wanted me 10
help him out. Guess you boys have had eA-
perience with these small matter cases Wen
his trivial affair was that he had been arrested
for stealing a drove of fine cattle from q Well
TODD farmer out In the country q ways. lie
began his narrative by telling he had been over
hauled by the Sheriff while driving the cattle
along the highway, but he said he had bought
them from three men. whose names ne gave as
Smith. Jones and Brown! Lord! ] nearly fell
of the chair. What Jury on earth would swai-
low that combinations gently suggested that
TO him. but he declared those were the identical
names the men had given him. and that he was
telling the truth. He said the day the cattle
were said TO have been stolen he was In the
northeastern part Of the State. but at the first
trial We we're unable TO get anybody there to
prove the alibl. / think the case was tried four
times altogether. There were several mis-
trials, a conviction, and then the case was re-
versed. ! became pretty badly, worked up
over the matter and neglected lots Of good
business to see the fight through lhad doubts
about my man at first, but he was always so
candid. hopeful and energetic that | began to
like, him., and was As anxious 10 hoist MIN OUT
Of the hole as he was to get out; Before going
into the last trial ! questioned him closer about
the abb matter, and we decided to take a trip
over to the little town where he said he was
stopping the day the cattle were stolen. The
lady with whom he ale dinner remembered
distinctly Of his being there. but. TO save her
life, she could not fix the date. During a pause
IN our talk one of the children; who was draw;
Ing pictures on n slate over in the corner, looked
up languidly. and said: 1880
Nav. didn't you go over to Missus Hobo-
The lady said she did, and casually re-
marked that Mrs. Hobbs had been i'll that
night. but that didn't help the date matter
any. Having nothing better to. say l inquired
She redeemed a bit, and said a brand new ~.
tie Hobbs had been ushered into the world
on that occasion. | grabbed for my hat, and
Iold her to point out the Hobbs MANSION IN
copying from the old family Bible the entry:
January, 1854 We had Mrs, Hobbs and
lady who had fed my client that day, and the
State couldn't beat the combination
After the jury had acquitted Ensign he
lost brother, When he left town some days
afterward he called on me and AZ parting
said: II YOU ever want me for ANYTHING. Mac
Just sEs ssy; 'w went to y Ssb MSa. hs sCt i IRt ssP Sa.i.
eniial al" &eiaiz sas ' He dr 4 I RtIH into politics IfH '" and
got TO be postmaster of his town. heard
out OF, my mind until well, this Is the other
end Of the story. Some years later ! took
O breach Of promise case for q young lady;
friends, but a. full Investigation Of the case
showed he had treated the plaintiff most cru
ely. felt the cirSunstances lustfied SUING
sum. The young lady plaintiff was modest.
and Of an extremely retiring disposition. /
don't believe she would. have faced the or,
been badly treated and insisted on her de-
in fine sha pc and made a convincing case, but
during the DEFENDANTS testimony they began
Knowing she had left the country they sought
by innuendo TO mix her up. with Ensign, with
whom she had some sort OF a business trans
action at one time. protested and kept OBJ
%jecting, but the Court overruled me. and |
knew the defense had thrown a doubt over
the case which was bound to result in a hung
jury, or a verdict for the defendant.
AT the noon recess I telegraphed Ensign
to come on first train. There was no explana-
ton. Then l began TO play for time. ! knew
from that distance. led the witnesses out
over apparently interminable ground. and
whenever the Court would reproye me 1t would
i nnt ,bn me @a me Covered we md GR n 0ny t srsnTent
j called witnesses, asked brief ]rece:ses on
various p%retexts, and did everything | GOULD
s 40 s,rl t9siS on fs .he sn nouy Tos 20 h aH n mT sa ,he
wanted witness, After a couple OF days OF
this was getting. pretty nearly worn ont.
ANXIOUS ANXIOUS that hSl I vent I down w to the DEPOT ! %ai and ID
when my, man failed to show up. FEY Ike
at a critical stage Of the battle. When | en-
tered the court, room the Judge was on the
bench and the. jury in the box. Everybody
asked II | was ready to announce the close
Of our case. With something like a groan.
! told him had one, more witness, and after
the stand, answering some unimportant 9ues-
tons, / CHANGED TO glance toward the door.
and there, coming down the aisle, with the
could do to keep rom mr shouting Ensign looked
around IA he came forward, and his eyes lighted
as he recognized me, l motioned hin to the
witness box, He was a hard-looking wit
ness. His clothes were covered with mud.
hair mussed w, and he had at least a three
days beard on his face. but TO me he was the
finest-looking man in the court room. | had
no chance for n consultation. but j didn't mind
that, I knew the man. He answered every
question promptly and conyincingly and
completely refuted the slanderous imputa-
tons thrown at my client. He not only denied
any intimacy with the plaintiff. NJ the times
and places suggested, but cited facts 10 show
the idea was preposterous. If he had been
coached by an expert all day, he couldn't have
made a better witness. He was put through
a savage cross-exa mination, but never lost
his cool, easy demeanor, and came out
dict for $4,000. and Ensign was the happiest
man in the court room when the verdict was
announced.
He told me his train was late at the junction,
and he hired a rig 10 drive the flfty miles over
land. They broke down ten miles down
the road and he bought a horse from q farmer
been here twelve hours earlier, but he was
out In the country when the message came.
and he missed the train AZ the starting point.
Il have always felt glad the circumstance
came into my ME; said the Judge. in conclu-
sion, because II has taught me there is such
q thing as genuine gratitude. and I have OBJ
served II d wells with most force In the breasts
OF men who are bright, resourceful and sue
cessful."