The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1910-12-31
A LAWYERS "REMINISCENCES.
Hon James II. Anderson Writes Inter.
estinsly Of Experiences in the
United States Supreme
Court.
To the Editor OF The Gate City:


case of Albright VS.. oyster, in which
l was engaged. that case from Ne
/ braska was called. Judge Dillon was
attorney for the appellant. Choate of
New York was on the other side.
Judge Dillon arose to present the
case. Dillon was a splendid lawyer
and the peer Of any of the judges on
! the bench before whom he was plead
I ing. He began to state his case when
/ Judge Harlan began to shower ques-
tions at him like gad-fly until Judge
Dillon appeared like a school boy
who did not know his lesson before
the teacher. Harlan seemed TO take
fiendish delight in annoying Dillon.
He finally asked: Judge Dillon, have
you noticed the record filed in this
court in the petition for removal to
the Federal court fails TO aver that
the citizenship of the parties we're
thas of different states when the case
was begun. but alleges they were OF
divers citizenship when the petition
for renewal was fled Judge Dill
Ion said he had tried the case in the
court below, but the petition for re-
newal had been filed by Judge Wool
worth and it certainly had the proper
averments. Judge Harlan said: The
record fails to show any Federal jur-
isdiction and there is no use for you
to proceed in presenting the case"
Mr.. Choate said: The appellee con-
cedes that proper averments we're
made" Harlan, with malicious grin
on his face, said: I'VE can't hear
the case: this is no moot court Judge
Harlan looked around as il to take
in the effect on the other members of
what smart man he was. Judge
Fuller in kindly way suggested that
the inquiry be made of the clerk OF
the circuit court of Nebraska at Oma.
ha by Judge Dillon by telegraph, and
that the case be passed until the next
morning. My heart warmed toward
/ the chief justice for his kindliness
This brought my case up. was for
appellant. / got on my feet to state
the case Judge Harlan soon after
began said to me: Mr.. Anderson,
what effect does the Missouri statute
/ OF frauds have on your position?
Does it not bar your claims 2" His
manner was that of gad-fiy. II did
not even annoy me. | was as col
lected as If l had been before JUS
/ tlce of the peace in keokuk. | had
J the case we'll in hand. | knew it like
book. I said to Judge Harlan ! did
fzf ~,
case in the circuit court of Missouri
! when the case was tried below. When
began to look into the case on the
frs superficial view the same ques-
ton had occurred to me. but when
considered that ever since the en-
actment at the time of Queen Eliza
beth of the statute of frauds and
| profails it had been always held that
/ where the consideration proceeded
entirely from THE party seeking to
show by parol the properly was held
in trust it could be so shown. That
was held by the courts in England
and by the supreme court OF the
d United States and almost every court
OF last resort in the various states.
So that ! had ceased TO regard the
question as al all formidable: that
the authorities were all cited in my
printed brief Harlan was nettled
by my saving on superficial view
of the case the question had oc
Cured to me, and he began in re
sentful manner to ply me with aues
tions. 1t did not bother me in the
least. But Judge Fuller, the chief jus
tice, looked at Judge Harlan, ther
turning TO me he began to question
me himself. giving me easy ones
with the evident purpose of shielding
me from the stings Harlan was tryini
to give me. His purpose was yer,
manifest, and it made my heart 81
, warm toward Judge Fuller that /
l I ever could do him good turn b.
4 have been glad to do It. His manly
. kindly, good heart was not spoiled b
5 his position of chief justice Of tn
e supreme court. He was Christian
gentleman.
Judge Fuller asked me another ques
e / have in mind logical, orderly 81
e quence of statement which if / ma
t be permitted ! will soon be through
i. When l am done if any further que
= lions occur to any Of the court / wi
be glad TO answer the same to tn
best of my ability" / had my tim
q to present my side of the case.
= the end of forty-six minutes said
j That, with the printed statement,
!. think, will give an idea OF the col
=. tention of the appellant; II any furtl
J, er explanation is desired ! will h
- glad to make it, Judge Fuller wit
gracious. magnificent wave of tn
hand, said: Il do not think an
thing further is necessary, Mr.. Al
. derson. You have covered the cas-
completely" Then he turned an
L asked the other Judges if they ha
. any questions. All said they ha
Le nothing and / submitted the case c
h..