Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1911-10-25
Entered Law at Fifty-Seven

the close of the Civil war-was fifty
seven years Of age when ne became
member of the bar of New York state.
And the circumstances OF his adm1s-
sion, which he related to me, were ex-
ceptional.
Smith went to congress in the mid
tifties 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 SYRIA
cuse, and from that city lad been able
to cross Lake Ontario into Canada. SO
the United States marshal, acting IN
der the fugitive slave law, was not
able to lay 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 SYRIA
cuse. The men were accordingly ar
rested and taken to Albany to be ar
raigned before the United States dis
trict court.
LAS soon as Gerrit Smith heard OF
the arrest of the men--his home was
at Peterboro, a short distance from
Syracuse-he hurried to Albany, offer
ed 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 fed
eral courts, but he had never been
admitted to the bar-he had always
appeared as next friend, a matter US
ually very easy of arrangement in the
old days. But in this particular case
the court, which had long been sus
pected of pro-slavery leanings, refused
point blank to permit Mr.. Smith to ap-
pear as next friend for the accused
men, even when Mr.. Smith protested
vigorously that he had the right so to
appear, and the cases were adjourned
for 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 Harris
who sat in the box with President Lin
coin the night of his assassination in
Ford's theater. called Mr. Smith be-
fore him.
"'Mr. Smith, said Judge Harris, 1
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
| will admit you to the bar ex gracia.
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 man
hood and had a wonderful knowledge
of it. appeared before Judge Harris,
was asked a few questions, was ad~
mitted 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 supreme court of New York
state and showed his certificate. He
further stated that he was present to
appear as counsel for the men ac-
cused in aiding the slave known as
Jerry to escape. There was nothing
for the court to do but recognize him
as counsel, and he managed the case
so well that the prosecution of his
clients was soon abandoned by the
federal authorities. 1t was the first
and last case that Gerrit Smith won
as lawyer"
Copyright. 1911. by E. J. Edwards AID
Rights Reserved0