Norwich bulletin., 1922-01-14
Famous Trials
THE GREA INDIA RUBBER CASE


 While Daniel We@ster was justly call ed the Great Expounder" Of constitu- tionat law in this country, and by services iH both houses of Congress q. 1 as Secretary of State was recogIita,.. throughout the country and Europe as leading statesman Of his time, his ability although not so conspicuous to the public was equally shown by his forensic efforts at the bar
 Among the many noted cases in which he was engeged, and one Of the most inn i.,ortant and the last that he argued, was that of SChar5es C. odyear against Horace H. Day, at Trenton, N. J., in March 1852
 The action was brought by Mir. Gn35- year against MT. Day for infriT,~ of, the plaintiffs patents and for-an ln- junction and accounting and by q decisio2 in the i9laintiff's favor settlel the validi- ty of his patents MT. Webster and James T. Brady were the counsel f-r MT. Good year, while Rufus Choate and Francis E. Cutting represented Mir. Day.
 The case excited great interest through out the. country on account of it's great importance. to the india rubber man ufact- uring interests The arguments of the four counsel occupied eight days. each .one consuming about two. MT. Webster being slightly the shortest.
 Daniel Webster was the last of the four attorneys to speak, and the court room was packed with eminent men, not only from the State of New Jersey, but fySgn Pennsylvania and New York as well. The case was purely technical one, confined entirely to the inter2eeta- ton of the laws regarding patents and it depended on the skill of the attorn- -laI, ,s< -ptlo. win a rerson present Daniel Webster seemed 10 combine all the qualities of those whc had preceded him. He had the sublety of Bacon without iHis craftiness, ant the powers of Demosthenes without his vehement or apparent studied eloquence to convince"
 This writer continues :" No one can do justice to a description Of MT. Web ster without having seen and heard hi:n on a great question which brought out aN his versatile powers, an dafter hear | ing him when he was more than TO years 1 of age, in the last case and one of the | most celebrated he was ever engaged in. the writer confesses his inability to do him justice.
 "His commanding figure, fine phy- sioue, large head. lustrous eyes and alto gether strongiy-marked. expressive fea tures, and his powerful sonorous and flex- ible voice. at once commanded attention, but 1t was his mental power and great ] intellectual strength brought into full 1 play on a great subject that seemed to i overshadow all his other qualities. I When MT. Webster went to Trenton l. i was said that he knew very little of the case, and that he picked t up and arrang- ed his argument friqn Mfr. Brady's com 1 prehenaSYe opening and from consultations and close application with his associates before tho other side closed. The aGrang- meYrt of his argument, as well as the mat ter of 1t, shows how thoroughly he had mastered the case. how skilfuffy he ar | ranged his points and how ably he ap- piled his great legal knowledge.
 i Mir Webster depicted most graphically inc poverty, reproach and suffering which the complainant underwent in his intel 1 iectraI patient peTseTertng efforts to produce in the manufacture cI ruber new and useful result. for period of 10
 years. He said: Tt would be painful to 1 speak of ffs extreme want---the destitu- 1 ton of his family, hah-clad, he picking up with his own hands little biHets Of wood from the wayside to warm the household suffering reproach-Dot harhs | rercoach, for no one could bestow that upon q,4r,--receivfng indignation and rid | ioale from his friends" and after al
 writing in good spirit and cheerful vein | an affecting letter from the debtors jail In Boston,
 Then the eminent lawyer presented q
 beaurifui picture of the devotion of the inventor to his wife and family, and in
 this picture he had the advantage of Good years presence in his wasted appearence bent form and with his white locks which
 added to the effect in his favor while Day. younger. robnst with his apparent
 thrift, was not calculated by his appear.
 anee to gain favor with the spectators
 To one who was present the trial con- iweyed the following impression: "Th. Esnarner Aa which the whole case was con
 aucted was model to follow. The dig,
 nified courtesy of the court, the respect
 ful manner cS the counsel to the cou+ and towsTd each other, in short, the whole
 conduct of the trial was calculated tc
 impress young lawyer and Of profession
 al ethics which f1;ght le pFofitably imi
 tated, and, in the conduct of trial, ob.
 served by cur courts and members ot } tha bar at the present time to 1nucf !, Rrea+6r extent than. now exists