The Washington herald., 1911-01-08

captured by the Federals. Morgan was
caught few days later and locked up
in the Ohio penitentiary. Trooper Lur-
ton was sent to Johnson's Island, in
Lake Erie. ''the best prison." he said.
in the North. 1 was taken i'll with pneu-
monia and was given up to die by the
surgeons. My mother came from Ten
nessee. and 1 returned home with her. l
didn't die, as you see, but quickly recov-
cred, sleeping again in a bed, eating
wholesome food and having the services
of my father. who was physician
Wanted to BE . Lawyer.
What Influenced you to study law
I asked.
lawyer. My father. however. wanted me
to be a doctor. There was some discus
sion and I tried to read medicine In
a month or two my father said: You
may stop. If you keep on you will be
a disgrace to the medical profession. l
desired you to be my successor. but
have changed my mind Consequently, 1
went to Cumberland University, at Leb-
anon Tenn, and was graduated in law
did you find any embarrassment in
earning a living?" 1 asked,
We'll, 1 boarded at home; otherwise
I would have starved to death. Within
a year and a half, however. l was do
ing very we'll. Unexpectedly to me. I
was invited to a partnership with Col.
James f. Bailey. He was the best all
round lawyer / have ever known, and
had practiced at ClarksvilIe for many
years. In 1877, he succeeded Andrew
Johnson in the United States Senate.
had great respect for him and knew, of
course, that he had a very large busi-
ness for Tennessee. L have had 10 part
ner so far because I didn't want to
divide my fees he said to me. IF you
will come into my Office i will give you
one-third of all we make
las l observed, l had great respect
for Col. Bailey. I lost some of it, / am
free to confess. when he made me the
offer. At the end of the first year. after
we had looked over the books, he sur
prised me by saying: I will give you
half the fees hereafter. and the new ar
rangement shall be retroactive. that you
may have half the fees from the day you
became my partner In a word. Col.
Bailey's change of terms, with respect
to the first year Of our association, added
about $4,5OoHo my income.
Tells Of His Career.
'T practiced law steadily until 1874,
when I was appointed chancellor of the
Sixth district by Gov. James d. Porter
Col Bailey advised me to accept the Of
fee, simply for the experience as an
equity judge. I purposed to serve out
the term and return to my business.
However. when the time came. decided
to be a candidate for a full term. l
thought I should be disgraced If I didn't
run; people might say that was afraid
resigned, however. when Col Bailey
was elected to the United States Senate
and resumed my practice. In 1856 1 was
elected judge of the Supreme Court of
Tennessee, and chief justice seven years
later. President Cleveland appointed me
a United States circuit judge in 1888, and
President Taft appointed me an associate
justice of the United States Supreme
Court on December 20, 1907
when did you become acquainted with
Mr. Taft?'
when I went on the circuit bench
We served together for seven years and
became close friends. 1 had no official
concerning my appointment
felt that it would be made. While en-
gagged in hearing a difficult case in Gin
cinnati, a reporter came in and whis-
pered to the clerk. The clerk a moment
later handed mo a slip Of paper on which
he had written: Your nomination has
just gone to the Senate I put the pa
per into my vest pocket, saying nothing
at the time to my two colleagues sitting
with me in the hearing of the case"
Have you ever played golf with Presi-
dent Taft?'
Il am not in his class. being a novice
at the game. So far, 1 have found but
one man whom 1 can beat. He was at
Hot Springs, in Virginia, last summer.
offered to pay his board if he would re-
main throughout the season, but he felt
so Inundated that he cut his stay short
and went home"
Copyright. 1911. by James B. Mofrow)