Omaha daily bee., 1901-03-01

while the ship was in the hsrbor OF New
York the Anti-Slavery society procured
writs of habeas corpus and summoned Lem
mon. as the owner OF the slaves to show
cause why they should not be delivered up
to freedom since he had brought them
within the Jurisdiction Of the state of New
York. virginia sent the great lawyer and
advocate Charles OConnor TO represent
the claims Of its citizen. which we're felt TO
be the claims Of the whole south.
The case went up through the lower
courts to the court Of appeals, while the
whole country watched it's progress with
the keenest interest. Mr.. Evarts conducted
the case for the state OF New York and
before the court OF last resort successfully
maintained the right OF the slaves 10 free
dom His success In this famous Lennon
slave case made his place among the great
| lawyers OF the country beyond dispute.
From this time he was counsel on one
| side or the other In many OF the most i'm
portant cases tried in both the state and
! federal courts. He made great record as
counsel and trial lawyer in cases Of con-
tested wills. Among the more important OF
these was the Parrish will case. an attempt
TO set aside the will of Henry Parrish. OF
| New York on the grounds of mental In
capacity and undue influence and the con-
| test over the will OF Mrs. Gardner, mother
| OF the wife Of President Tyler. In the lat
| ter case Mr.. Evsrts succeeded In sustain
| ing the will. which led to an amicable com
promise among the heirs.
| Enters Field of Politics.
| In 1850 Mr.. Evarts first entered the field
OF national politics. At the republican ma
tional convention OF that year he rose, on
-
Of William II. Seward as a candidate for
the presidency. The next year he himself
became a candidate for the United States
| senate. The hght in the legislature was
| prolonged. Horace Greeley being the lead
! ing candidate against him. Finally Mr.
Evarts withdrew his name and compro-
mise candidate was elected.
In 1852 when the question OF treating
captured vessels as maritime prizes accord
ing to the rules of war came up. the gov
ernment called on Mr.. Evarts to conduct
its case He also maintained before the
courts the unconstitutionality of state laws
taxing United states bonds or national bank
stock without the authorization OF congress.
Defends President johnson.
When, after long controversy the i'm
peachment of President Andrew Johnson
was decided upon. Mr.. Evarts was at once
engaged as one OF the counsel for the presi-
dent. The result OF the trial was. as every
one knows an acquittal and Mr.. Evarts
mastery conduct OF the case is admitted
even by his opponents. The principal argu-
ment on the part OF the prosecution. which
was conducted by a board OF seven members
from the lower house OF congress. was
: made by Mr. Boutwell, Mr.. Evarts' reply
in behalf of the impeached president is re-
membered as a masterpiece Of eloquence
and sarcasm.
] In 1871. after General Grant had been
elected president. the Alabama claims came
: up for arbitration and Mr.. Evarts was
I again summoned to represent the claims oil
r his country. What he accomplished there
has passed into history. His case on the
4 part OF the United States is acknowledged
to be a splendid example OF clear argument
4 and apt illustration.
Beecher-Ttiton Trial.
In 1s74-5 the famous Beecher-Tilton cast
came on for trial. Mr.. Evarts was ther
o nearly 60 years old but he took hold OF tn.
1 defense with the vigor and earnestness
y which had always marked his work. The
d case was long drawn out and proved ter
; rible strain on the endurance OF even tbs
i younger men who we're connected with 1t
q He was the senior counsel for Mr.. Beechei
and retained charge of the case throughou
= its tiresome length. When IL came time fol
n the summing up the judge aud most OF th'
e counsel on both sides were haggard anC
n careworn; only Mr.. Evarts appeared to re
4 tain his original vigor and enthusiasm. HI
r spoke for eight days in closing the case fo
J. the defense, and at the close appeared al
fresh and vigorous as when he began Th
acquittal OF his client was the result.
Makes Hayes President.
- In 1876 the celebrated controversy owe
the election TO the presidency startled tn
"a country Teh case for the republican part
;, was put in the hands OF Mr.. Evarts. X
. made the chief argument before the elec
- toral commission. the decision OF which pu
- Rutherford b. Hayes in the presidentia
chair After the inauguration OF Presiden
- Hayes Mr.. Evarts was made his secretar
OF state. in which position he won ne'
laurels as a statesman. He brought 20 tn
- conduct OF the ONCE the same industry an
earnestness which had made his great sue
cess as a lawyer.
When he retired from the cabinet in lss
"a Mr.. Evarts was at once sent to Paris t
' take part in the international monetar
ie conference. In 1855 he was elected to tn
. United States senate as a republican, sue
ceeding Eldridge G. Lapham OF New Yorl
10 Two years aso Mr.. Evarts suffered froi
an exceedingly severe attack OF grip. A
he was then upward OF 20 years old It wa
IN feared he would never recover. Slowl!
" however. he gained strength, until at las
ra the disease was conquered.
n Last Years In Retirement.
OF Since 1894 he lived in retirement,
e. stranger to the great world OF politics an
~ affairs in which for many years he playe
as SO splendid part
ch He was one OF the few remaining linl
H. which connected the new generation wi,
g. the old. In manner and appearance he va
tn a gentleman Of the old school, The sterr
ne ness OF his deep-lined, smooth -shaven fac
US with its prominent nose and firmly s.
or mouth. was belied on occasion by the kind
OF twinkle in his eyes, Even in compar;
a lively recent years he had worn the rol
de ing collar and the wide cravat OF Il
'40s and those who saw him as he pass,
to and from the law ofices OF Evart
Choate & Beaman, never failed to loo
CT twice after the slight figure, with its oil
10 fashioned clothes and distinguished bearin
To- In his old age Mr.. Evarts found himse
= surrounded by stalwart sons. to whom Il
record OF their father is a constant inspirt
ton. Maxwell Evarts one OF the sons wi
has followed his fathers profession. nv
in the home now stricken. a big hou
In Fourteenth street. sherman Evarts liv