Evening journal., 1911-06-19
NEW NEWS OF YESTERDAY
The Famous AbOlitiOniSt
Who Became a Lawyer
at Fifty-SeVen
By @Holland."

i suppose that no lawyer who has
been given a more or less prominent
niche in the history of our country
was older at the time Of his admission
to the bar than was Gerrit Smith when
that event happened in his life" said
the late Judge Noah Davis, of the New
York bench, who gained national
prominence in 1873 when he presided
over the trial which resulted in the
conviction Of that arch CRATER, VIII
liam NJ. Tweed, on charges of forgery
and grand larceny.
"Gerrit Smith-the same Gerrit
Smith who simultaneously was one of
the country's leading abolitionists and
largest land owners. the friend of John
Brown through all his adventures and
yet one of the three men who went on
the bail bond of Jefferson Davis fol-
lowing his capture and Imprisonment
In Fortress Monroe after the close of
the Civil War-was fifty-seven years
OF age when he became a member of
the bar of New York State. And the
circumstances of his admission, which
he related to me, were exceptional.
Smith went to Congress I'm the mid
fifties from New York district About
that time a runaway slave, known as
Jerry, had made his way across New
York State, had been traced to Syra-
cuse, and from that city had been able
to cross Lake Ontario into Canada.
So the United States marshal, acting
under the fugitive slave law, was not
able TO day his hands on Jerry and re-
turn him to his owner; but he did Sc
cure evidence, as he thought, which
justified the arrest and prosecution of
several citizens of Syracuse charged
with aiding and abetting the escape of
a runaway slave. One Of these men was
Moses Somers, at that time the editor
OF the leading paper of Syracuse. The
men were accordingly arrested and
taken to Albany to be arraigned be-
fore the United States District Court
LAS soon as Gerrit Smith heard of
the arrest of the men-his home was at
Peterboro, short distance from Syra-
cuse-he hurried to Albany, offered
himself as their counsel, had his offer
accepted, and appeared in the United
States Court with the accused men.
Smith, let me explain. for years had
appeared before the State and Federal
Courts, but he had never been admit |
ted to the bar-he had always appear
ed as next friend, a matter usually
very easy OF arrangement in the old
days. But in this particular case the |
court, which had long been suspected |
of pro-slavery leanings. refused point |
blank to permit Mr.. Smith TO appear
as next friend for the accused men, /
xlrho
ously that he had the right so to ap- |
pear, and the cases we're adjourned for |
a day to give the prisoners oppor- /
tunity to obtain counsel who were
members Of the bar
Late In the afternoon OF that day. |
Judge Ira Harris, of the State Supreme |
Court, and afterwards United States /
Senator-the father of the Miss Har- /
ris who sat in the box with President !
Lincoln the night of his assassination |
in Ford's theatre-called Mr.. Smith be- /
fore him.
Mr. Smith, said Judge Harris. 7 |
have just been told that the United |
States Court this morning refused to
receive you as counsel for the men
who are accused in the Jerry" case,
on the ground that you have not been
admitted to the bar Now, If You will /.
come into my court tomorrow morning n
I will admit you to the bar ex gracia. n
You certainly have every qualification
needed and have the right to admit
you
so, the next day, Gerrit Smith. who
had studied law in his early manhood
and had a wonderful knowledge Of il.
appeared before Judge Harris, was
asked a few questions, was admitted
to the bar, and received from the clerk
of the court his certificate. Then he
went to the United States Court room
and said TO the Judge there that he was
now a member Of the bar Of the Su-
preme Court of New York State and
showed his certificate. He further stat
ed that he was present to appear as
counsel for the men accused in aiding
the slave known as Jerry to escape
There was nothing for the court 10
do but recognize him as counsel. and
he managed the case so we'll that the
prosecution of his clients was soon
abandoned by the Federal authorities.
II was the first and last case that Ger
rit Smith won as a lawyer
Copyright, 1911, by e. J Edwards. ALI
rights reseryed)
Tomorrow Mr.. Edwards will tell of H
"a Talk With the Father of the Wea.
ther Bureau"