New-York tribune., 1909-03-28
6 Anglo american Memories
Copyright. 1903. by eeorr. ". smaney3

may be easily borne; often much too easily; put
If 1t can never be repaid 1t can be acknowledge
and I acknowledge mine to Mr.. Oiney at the
same time that I remind others Of what they
also owe him.
I do net regret having had to give way to Mr.
Olney in Judge Thomas's Office. II had been
admitted into that coveted place, should have
stayed in Boston and at the Bar, and per-
haps have had q prosperous professional ire
But should not have had the kind OF expert
ence which has made life interesting to me IN
so many various ways: and which 1 am now
trying to make interesting to others.
lockwood Hoar. afterward Attorney General
Of the United States. whose name I have men
toned earlier. was counsel for the other side in
this Supreme Court case. If my client had had
a good defence. which perhaps he had not, a
novice at the Bar mad little chance against
man with the learning and force Of Mr.. Hoar.
He had. however, a spirit of scrupulous fairness
No man ever suspected lockwood Hoar of un-
worthy devices. He was too able to need thern
and too honest to use them. But he tried ex-
periments as every lawyer does. He put a
question TO a witness which I thought innocent
enough. but friendly lawyer who sat near
called to me in a stage whisper, Object so
objected, not the least knowing why. The judge
looked to Mr.. Hoar. Surely" said Mr.. Hoar'
my friend will not press his objection" Not
draw the objection If Mr.. Hoar would say ne
thought the question competent. The judge
smiled and Mr.. Hoar smiled at my Ingenious
ness, and said We'll, will ask the witness an
other question"
M. Horace Gray was at that time reporter TO
the Supreme Court of Massachusetts. After ne
had become a judge OF the Supreme Court OF
the United States used to meet him n WASH
ington. One day he said to me. You used 10
practise law in Boston" Yes" I think we
must have met. must have seen you in court.
You tried case in the Supreme Court before
Judge Thomas. Stop a moment. can tell you
the name Of the case. You argued it afterward
before the full bench It was Krebs V. Oliver
And it was Forty years had passed Mr.. Jus
tice GRAY had what may be called a memory.
He had much else: an inexhaustible knowledge
of case law: a power Of dealing readily with
complex matters a fast hold Of principles an
industry without limit the cordial respect OF ms
fellow Judges; and pleasant house IN "ash-
inrton whereof the hostess was one Of Washing
tons favourites And he had stature Of some
where between six and seven feet, with sni-
ing face and massive head TO crown this huge
frame He is gone. I wish he were not
or the MANY members of this brilliant Suffolk
bar there was one OF very unusual Nnd OF
brilIiancv. The brillianoy Of invariable success
y-se his believe It to be literally true that
during many wears he never lost case which
denended OF the verdict Of jury. At the bar
Of course. as elsewhere, nothing succeeds IKE
success and Mr Durant's practice was very
large 7 have noticed that clients, as rule
would rather win their cases than lose 'he"l'
HOW did he do II? Nobody ever knew his
beaten rivals or perhaps their clients. sometimes
binted at things nobody ever ventured to assert
since there was not a scintilla OF evidence ~
Justify insinuations.
There was probably. no secret save "haI iaS
on the surface. Mr.. Durant was good lawyer
-.lo nrerared his cases with horoughness
-. ,a++ M noint in doubt and no scrap Of evi-
6ence unexsmined. He knew to nicely "Ho'
-,,o,,1a .e1l with 2 Jury and what would not he
"a. mt = man on whom Il was possible 10
.--i,1 surprise. His cross-exarninatons Win
~. being SNOWY were deadly AS speaker
orator he was not-he had no other conspicuous
,,er,+ than clearness.-the art Of marshalllng
80. +o A+ his own Theory II the case. "hen
he rose. the Jury were predisposed TO oeIeVe
Ne had 2 U,av Of turning TO the jury whenever
durine the trial he had made point orous II
ont q telling fact, wrung an adrAssioii - I'm
an fncsutious witness 1t was as II from '
5,.t-,,, ra took the Jury into partnership; it
rs matter in which he and they were allAe
interested. and the only interest Of either was
IN
Vas said bv a juryman Of another Famous au''
80. ..1+.s no credit TO him to win his causes
r1o &C. ALWAYS on the right side" When MI
r,rspt sat down the jury was convinced trs'
hs +oo Uss on the right side. ana tner Ee4ciO
u,as hut the formal and legal ratilcatloh o1 I--'
moral view, and. as they believed OF lile'i 0'N
conscientious convictoh-
II,,,,,,otisrn? think not The thing was not
-,,,ch heard Of in those days II IS qulIe poSSi
,,A that Mr. Durant used dlscrlnlihaIloh OH!
never took a cause into court IN WHICH ho o
mt feel sure OF verdict, but many ID"
- verdict he does not get There re-
mains residuum Of mystery "iioi' 40" .,-
-, sxnlaiued. and is probably ine1phcaDle
v,..~a,,.,s ,,resence explained something he
M, -.-,e-,,,I head. chiselled features, black
= hitch he wore rather long, an olive com
,ir and ewes which flashed the hghIliieS
- ,--ath and scorn and irony; then suddenly t,ie
-. rsvz Of sweetness epd persuasion lor 'N0
-, He looked like an actor. He was ah o0
- Va understood dramatic values ana lHei0
20. no art of the stage he did not eiipioS up
1...,,n or unwilling witness. He couio coax
.,,.,,,,aate. terrify; and his questions CUT H"e
knives. .,a- ar
ia had stage name, like SO many oI1ie
a.. His real name was Smith; winch perhaps
'O-o' o,arsraIIv known But one day IN court
he was tormenting reluc'ah' 80 -
- ~ Iones and was now Robinson. Mr.. Jones
DeI-, -. T,,rsnt-..I beg your pardon. Mr. Rooln-
-. .ryes Mr.. Smith," retorted the Witness
~ hsg your pardon. Mr.. Durant" That cross
atom came quickly to an END But oe
,,a1,s MT. Durant's prestige continued "hiie ne
1,aa at the bar; then. having smassed
to-+uns he abandoned the law and took 10
oh,rg Whether he had the same success
~ as,-,-e souls as in winning causes never
IN BHVlL6 sON-- -