Sequachee Valley news. (Sequachee [Sequatchie], Tenn.) 1896-1952, 1911-08-17
AFTER HIS DEATH.

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AFTER HIS DEATH.
Long after Mr.. Marshall had passe,
away it was the relation of an inciden
in his legal career which so touched tn
hearers that the movement was begun
which resulted in placing his picture il
such a conspicuous place, and alone o
lay members of the profession receiving
that distinction. Some twenty-five
years ago the late Randall M. Ewing o
franklin delivered brilliant address
before the State Bar Association at Chat.
tanooga on the"The Life and Character
of John Marshall" Having been asso.
ciated for long time with Mr.. Marshall
Mr.. Ewing was eminently qualified to
treat the topic which he had chosen. 1t
was Immediately after the delivery
of lis address that the Bar Association
adopted resolution which caused this
portrait to be painted and presented to
the supreme court
Two thousand copies of this address
were printed, but so great was the de-
mand for these copies that not only
was the whole number given away in a
short time, but requests for copies are
often made to this day. While the ad-
dress itself was polished tribute to a
great jurist, there was one incident
which proved the most striking, as well
as touching part, and which was
fnp M
resolution.
This part of the address told Of the
winning by Mr.. Marshall of a jury suit
in the circuit court of Williamson coun-
the late Nathaniel Baxter was Judge.
As no copy of this address could be
found, the story was related to re-
preventative of the Tennessean and
American by man who had to depend
on memory. At the time OF the Incl
dent Mr.. Ewing was a young lawyer
and had just entered into partnership
with Mr.. Marshall. In the suit in
point, which was a simple levy in exc
cution of writ, the facts were that a
certain farmer owed money lender,
and two hogsheads of tobacco were lev
led on as the property of the defend
dant. The farmer had two young
sons and little girl, The boys had
cultivated the tobacco, but as they were
minors, the tobacco was the property of
the farmer for all legal purposes. The
case was plain ono and no legal de-
Tense seemed possible,
PLAINTIFF IN CASE.
The plaintiff in the case was known
as hard man, exacting the last farth-
ing justly due him. His lawyer open
ed by plain statement of fact, which |
was entirely convincing. Mr.. Marshall
requested his junior partner to address |
the jury for the defense, but Mr.. Ewing |
replied that he could not think of any
thing to say that would do any good.
"Well, anyhow" said Mr.. Marshall,
ego in and raise the dust and l will
speak afterwards"
When his turn to speak came, Mr..
Marshall took the floor. He began his
talk by painting in strong ontlins the
hardships and privations of the early
settlers, who had left their distant
homes and come into the wilderness to
wrestle with woods briars and cane, in
a country infested by wild beasts and
savage Indians. where every man, in
addition to his ak, grubbing hoe or
pillow, must carry his long rifle as con-
slant companion of his labor. He re-
called to the memory of the older men
how the little clearings were made,
where the scattered settlers would
meet, and by their joint labor the old
field schoolhouse," with it's little win
iows and hard benches, rose in the |
midst of the clearings He recalled
the long days and associations formed ,
10 the schoolhouse, whore defendant,
the attorney and some of the jury had 1
been taught.
Then he told how many by hard toll !
lad acquired homes, and we're surround J
ID by their happy children before the {
blazing hearth. But fortune had not {
miled on everyone. Every man there
lnew that the defendant was worthy, G
lonest and industrious man, but that @
Misfortune after misfortune had pur- Il
ued him, and sickness, accident and af-
LECTION had Slapped his strength. What
he had possessed had gone to
ay his debas and keep the little family =
l.. ha, lrr, NJ o
ito nothing to look to and no proper b
y except the little cabin and home- ri
toad in the hollow among the hills. e