New-York tribune., 1909-02-21

Copyright. 1903 by George W. smaIey3

had been evidence enough at Yale was tncreas-
ing We were older. and the crisis was nearer.
There was kind of Law School Parliament IN
which all things put to the issue Of de-
bate. and the air often grew hot Angry words
were exchanged between Southerners and North
erners. The rooted belief of the Southerner, or
Of many Southerners. that they had monopoly
Of courage sometimes expressed. More
than once challenges were talked Of though
believe none were actually sent. There was
choleric young gentleman from Missouri who
put himself forward champion Of slavery,
and there was an attempt to deny to us of the
North the right TO express our opinions on our
soil: which did nct succeed. The Mis-
sourian was the exception. OF the Southerners
in general at Harvard 1 should say what have
said Of those at Yale # they felt themselves Of
superior race they accepted the obligations OF
superiority and treated their interiors with an
amiable condescension; for which were not
always grateful
These were not matters of which the author
tiles of Dane Law School took notice. Their
business was to teach Law. Judge Parker was
a real lawyer. who afterward revised the General
Statutes OF Massachusetts into something like
conference and the symmetry of q Code. He
handled the Law in scientific spirit; without
emphasis. not without dry humour; and had ever
a luminous method of exposition which grew
more luminous as the subjects grew more alb
struse. His colleague, Mr.. Theophilus Parsons
was I think, what is called a case lawyer, to
whom the chose juGte was sacred as 1t was
more recently to the anti-Dreyfus6rds- There
are always. and 1 suppose always will be, law
yers TO whom decisions are more than principles
Parsons was one of these. while Parker's aim
was 10 present TO the student the entire body OF
law as homogeneous whole organic, capable
of abstract treatment capable Of being set forth
in the dry light of reason Whether 1t was the
difference in the men or in their methods know
not but there can be no doubt that Judge
Parker's lectures were better attended and more
devoutIy listened TO by the students; and that
his system bore fruit. For ii created a habit Of
mind, and under his teaching legal mind was
formed and became a better instrument for use
at the bar
The bar of Massachusetts, at that time in
& period OF splendor II had been for gen.
erations Webster gone and there was no
second Webster: he was the leader not only OF
the Massachusetts Bar but of the American Bar
But Rufus Choate was still in his prime; whose
eccentricities Of manner and of speech could
not disguise forensic abilities of almost the hrst
order. Sydney Bartlett his rival. was as SOUND
90 Cboate was snowy But Choate also was
sound though he had spirit Of adventure
which carried too far, and a rhetoric not seldom
hamboyant Some of his phrases are historl-
cal. as Of witness who sought to palliate ms
dishonesty by declaring that he never as
closed his fniduitous scheme "A sohloquY OF
fraud retorted Choate I heard one OF his
b-e+breo AZ the Bar say 20 him as he came into
court. 'I suppose you will give us great sen
sation to-day Mr. Choate" NO.. answered.
C-bozte .it ia 100 great q case for sensation
a,d he tried II all day with sedateness. ChieT
Tus+ice shaw disked him, or dishkeo ms
methods and sometimes showed his dislike
o,,e-r,,ine him rather roughly. The great Judge
was not an Apollo, and there is FAMOUS as'ue
of Choate's snarting under judicial censure'
and rernarkfns in an audible aside to his asso-
;.+. ,oornssI. ''The chief Justice suggests 10
me- an Indian idol. We feel that he is great
o,,d we see that he is ugly But amenities IKE
that were unusual
General Butler afterward too famous at Ne"
Orleans and Fort Fisher, yet after tnat ''e
I1a-,oc-atfc Governor of whig Massachusetts
rs q none too savory renown at the Bar Yet
4. was said of him by en opponent; II you 's
,-o,,- rage fairly Butler will try his side OF II
fairly. hut If you play tricks he can play IloFe
.,o,-s than YOU can" His sense Of humour was
his o,t-n sometimes effective and sometimes not
I,efandtn1 a railroad against an action oy
farTner whose wagon had been run over oy
train and who alleged that the lookout sign
Vas not as required by law in letters 1--WE inches
long Butler made him admit he had not looked
- @be ,,en. Then" said Butler TO the jury
.a+ co,,ld not have availed had the sign been in
letters of living Ilght;-five inches long.
Tho hest contrast TO Butler was Ricnard H.
mana. as good a lawyer or better and with Inc
hest traditions Of a high-rninded bar pursued
in the best spir:S. But will leave Dana uIl
come to the Burns case u w D