The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-24


words There Is no such thing as genius.
So-called genius means hard work II
this definition be true. then Delmas is a
man Of genius His former partner. sam
Shortridge, VINE is now defending the
San Francisco boodlers, told me that Del
mas never made speech in court which
he had not thoroughly written out be-
fore and mcm0Tized word by word
a Partners "Reminiscences.
Some idea how this lawyer prepares his
cases may DE gained from this reminis-
cence Of one Of his former law partners.
Franklin J. Bull One day, so Mr. Bull
told me. Delmas showed him an old wal
nut tree standing on the banks of Coyote
Creek in San Jose. There stands my first
jury" said Delmas. Then he told how.
years ago, when he received his first re-
tainer he had anticipated all the possible
points in this, his first case, during long
afternoon walks in the course Of which he
used TO address himself to that walnut
tree as if It were a jury box When the
case came up before the judge IL never
came to trial because the very first mo-
ton for dismissal was SO forcibly argued
by Delm2s that the court granted the
motion. As Delmas put IL, My whole
campaign was won in the first skirmish.'
Bull tells another story illustrating the
keen, painstakins methods Of Delmas as
pleader. One time Dclmas was en-
gagged in q suit at law with Hall Nc
Allister bis most formidable rival for
the leadership Of the California bar. rep
resenting the other side. Hai McAllister
was man who was seldom, il ever.
known TO smile. His stern features nave
been immortalized in a statue of the grim
oid man that stands before the shattered
city hall of San Francisco. On this oc-
casion Delmas instructed his junior Coun-
sci. Bull, 10 devote himself TO nothing
else throughout the case than to watch
McAllister's features. Watch him
closely" said Delmas and make note
Of il, if he smiles but once. When he
smiles, make q note Of my point Of argu-
ment at that instant" Bull watched the
old man intently day after day as the
trial Wore on. One time only when Del
mas had made a particularly happy
point Hall McAlister glanced at the
jury. and after suppreSsing yaWn. ap-
peared TO smile superciliously. if such a
scornful look could be called q smile.
Delmas was jubilaut. That's where
we've got the old fox" he exclaimed.
Now that know where he is wounded,
watch me stick my knife In that place
and turn it round"
When it came 10 the closing address
Delmas conferred all his argument around
that one damaging point. And again
Han McAllister smiled at the jury. And
then Delmas smiled. Hall McAllister lost
his SUIT on that point
Famous Orasions.
Some Of Delmas' most famous speeches
and oratioHs have been collected and pub
Eel rE IN. h.. A L
of san Francisco. This is a very rare
book Only few copies Of it have sur
viyed the great San Francisco fire. The
publisher himself owns bat one. This
copy, he said, he would not sell to me for
$5.go0. II IS a rare book not only on ac-
count Of its scarcity, but in the highest
sense Of the word. The publisher says il
is the only absolutely fawless book that
has ever issued from his press or that Of
any other press I'm San Francisco Deimas
WAS determined that il Should he SO Both
IN the preparation of his manuscript and
In his revision OF proofs the author show
ed himself 50 excessively paiEstaking that
the publisher determined not 10 be out
done From title page 90 back cover there
/ is not single error or printers flaw.
/ To attain this perfection one entire cdi-
I ton was sacrificed. When the book vas
/ first printed both the author and publisher
/ beIievcs they had turned ont a perfect
piece of work. but il was Delmas who first
discovered fly ia the amber lie found
( one small letter. lower case s. which
I had accidentally been set inverted.
only the trained eye OF a printer or
dinarily would detect So trifling a slip
/ The publisher was willing TO let it stand,
/ but Delmas would noJ have it, The
whole edition had to be reprinted. This
/ meant an outlay Of over Sl.0)0, but Del
/ mas offered to defray all additional ex-
/ pense. This so sJung the pride of the
! publisher that ne reprinted the edition
/ on his own account.
/ 'Of course. il did not pay" he said 10
/ me. rather rUCfuiiy. but that was a
great lesson 40 me"
His Greatest Arguments.
/ Dclmas' greatest arguments in court
have been delivered on occasions when
/ he championed such fundamental causes
as free speech. a free press, or the rights
of widows and orphans. as against corpo-
,ation greed.
! Perhaps the best exposition of the
rights of a free press that has ever been
/ presented In America was made 10y Del
/ mas in defending the editor Of a news
/ paper IN san Jose for publishing Il report
1 of divorce trial. after an such reports
/ had been expressly forbidden by the court.
! OF course. the editor in question. who
! happened TO be the brother of Delmas'
/ former law partner. Shoriridge was
/ hauled before the judge for contempt 0f
/ court and was sentenced to pay a fine
/ Delmas fought this case against the
united judiciary 90 California way up
I Tr,f.
/ won IT, lie won il on the broad ground
that a free people have a right 10 know
what is going on In their courts
/ Magnificent in this case was his answer
10 the formidable array OF Old court pre-
] cedents from the common law of England
/ cited against him by the attorneys ON the
/ other side. The stride of a fuI-grown
man." was his peroration. 'is not 10 be
/ crampcd into the footprints OF the child
/ The fight of the eagle. soaring above the
| clouds ana measuring the distance from
mountain peak To mountain peak is not
| - be circumscribed within the bounds
of the nest which limited the first futter-
/ ing Of its callow pinons So might we
as well guide our footsteps by the lamp
of the dead past. snatcdcd from ghc char
/ mel houses where the forgotten judges OF
/ Plantagenet. cor Tudor, or Stuart dynds-
/ ties lie buried
Down 10 the time OF the Tbaw trial the
most sensational cases ever tried les Del
/ mas were fake widows suit for the Fair
( millions. which hc lost. and a newspaper
! libel suit for $4,000 brought by one Bar
On Won Schroeder against john -. Spreck-
els the owner OF the San Francisco CaH-
This trial. which lasted for many weeks.
had al the Objectionable features OF the
} Thaw-W White murder case. and worse.
Yet the cause Of the newspaper. as rep
! resented by DcImas. appeaIea inst. At all