The times. [volume] (Richmond, Va.) 1890-1903, 1900-02-04
SOME INTERESTING
PAGES OF HISTORY
Short Sketches Of Commonwealth's
Attorneys of Essex
FOR MORE THAN A CENTURY.
Durin. Hundred and Twcnty-Ttrcc
Years Only Eleven Men Have
Occupied the Position OF
Public IroSccntor.
FOR MORE THAN A CENTURY.

cstinE anecdotes and TRADITIONS Vi e3eh
Commonwealth Attorney OF Essex eouh-
ty FOR the period OF one hundrs1 and
twenty-three years. 1t is curious to note :
THAT in this period Of nearly a ceHeary
and q. quarter there have been no more
than eleven incumbents OF that Office in
the county.
John Warden was the first Attorney
for the Commonwealth for ESSEX county
after Revolution. The term king A.
torney'' was swept away by the heVoiu-
ton as relict of the Crown. and he was
called Deputy Attorney Tor the Com
'monwcalth. lie qualified as such in Es-
sex County Court February IL, III, I'M
der a commission from Patrick Henry,
Governor. lie was a Scotchman by prin,
and was. said 10 have been an erudite
scholar and finished lawyer lie had
been we suspect. one of the King
anointed, and a little tainted with Tory
proc!ivites. lie made himself consplcu-
Gus, II not a. little odious, in the riged coll
lection of the claims of the Scotch and
British merchants against their Amerl-
can cousins, and brought upon himself
many anathemas. His conlical and quaint
sayings ard wit are still repeated as a
part Of the history and traditions Of the
times. Mr.. Warden practccd in our Su-
l3renle Court of Appeals, and when he
went to this highest court at Richmond
he always made the boast that he was
armed with Bacons -Abrids1nent as his
wade mccum. On one occasion, as he
stood before that august body, III his
brilliant elocutiop he put his hand in his
coat pocket for his authority to enforce
his point, and drew out u hunk OF bacon
placed there by some mischievous waG.
Without being in the least disconcerled
he remarked: No harm done; l nave
saved my bacon" lie was a homcly man
in appearance, and once in a forensic
discussion with the distinguished John
Wickham. he said that he did not in
tend to be made The cats paw for any
monkey. 10 which the great John Wick
ham retorted With his wcll-known flashes
of wit and ready repartee: Then sir,
you Ire the monkey
APOLOGY WORSE THAN OFFENCE.
The Virginia Legislature once during its
session seemed 10 have incurred his dis
pleasure, and 10 have drawn forth the
vials Of his wrath lie openly, bitterly,
and contcmptuously aSSailed in the most
offensive language that august body. The
serSeant-at-armS was ordered to arrest
him and bring him before the body. He
was arrested and brought TO the bar OF
the General Assembly. As he stood there
before the August Assembly. the speaker
been brought here at this bar for con-
tempt, in assailing the dignity and vio-
latinG the rules III the contemptuouS
charge that the Legislature did not have
sense enough to carry CTS TO a bear;
and you are called upon to purge your
self OF that contempt" Mr.. Warden at
once replied: MIR. speaker. ] will say
10 you and this August Assembly. over
which you preside with such distinguished
oh and honor that did the
language imputed to me that the Lesis-
iature did not have sense enough to carry
E-tS TO a bear. ! now make a complete
retraNit, and will say that the Itegis-
latlre has sense enough to carry Cts to
bear IIe then made a graceful and
profound bow This incident has been
before narrated in the life of Patrick
Henry.
John Warden resigned the Office of
deputy attorney FOR the Commonwealth
and on May 2ist, 1872, the gentlemen
justices appointed Francis r Brooke TO
the same office. Among the minutes of
the court on May Goth, 1792 we find the
following order: Francis T. Brooke
ESQ., Is requested TO convey to John War
den. Esq, late deputy attorney for the
Commonwealth of Virginia in this court,
the thanks of the said court for his
long attention and assidllity in the exc
cution and discharge of his duty in that
office and II is ordered that the clerk
forthwith notify the said Brooke of the
same
Francis T. Brooke was appointed the
second deputy attorney for the Common
wealth, and qualified as such on May 2lst,
1892. He remained in Office as such until
1896 or 1797-not certain; as James Webb
succeeded him and was in Office in 1897.
Francis I. Brooke was appointed judge
of the General Court. January 18th 1901,
and was appointed 10 the Supreme Court
of Appeals January S0th 1871. Judge
Brooke was a great judge and his lucid
opinions embellish the annals Of the court. |
JAMES WEBB.
James Webb was appointed the third |
deputy attorney for the Commonwealth !
in 1881 and remained in office until !
Thomas Gresham succeeded him. He was
n man ot-exraordinary intellect and force !
of character and was the ancestor of |
the Smiths. Meriwethers and Joneses. who |
have always occupied honored positions |
in every department of life and adorned |
the pages of history. 1t is told OF James |
Webb that he once prosecuted a man for |
murder, and he was convicted and SEN |
fenced. While under sentence OF death, !
the convicted man sent for Mr.. Webb TO |
come TO the Jail, and the jailer opened |
the prison door and admitted Mr.. Webb |
into his presence. The prisoner, address |
ing Mr.. Webb, and exclaiming: 'Sir, you |
were the instrument and cause of my |
conviction drew q razor already adjust
ed in his hand from behind his person; |
and cut his own throat from ear TO ear |
and fell at the feet of Mr.. Webb in the /
last expiring agony and gasp of death |
Mr. Webb. appalled, by this awful and |
horrible scene and tragedy. was heard |
to say that he woald never prosecute |
human being again for murder. In a |
short time in his official capacity he was
again confronted by another indictment |
for murder. When he opened his case,
be referred to the tragedy. ard to the
fact that ne had not only made 4 secret !
VOW, but had openly said that he would |
never prosecute for murder again: and |
L was most unpleasant duty, but that |
his official duty could not be sliirked, and |
In a graceful cNor6ium employed the
beautiful classic of the great dramatist |
In The mouth Of Brutus after he had
stabbed Caesar in the Senate House, Not
that l love Caesar less, but that lova
Rome more" The same incident has /
been told of John Fleming, the gifted
Commemorative Attorney OF Gooch-
land. bat it IS an au,llenic and living ira
aition OF James Webb to-day.
Thomas Gresham was appointed the
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