Evening star., 1944-01-16

Supreme Court of North Carolina to
Professor Archibald Henderson, inter-
national scholar scientist, historian and
litterateur. who has contributed copi-
ously to the field of letters. Henderson
told it to Senator Beveridge who put
it in his biography of Marshall and it
has also been printed in Harper's Mag
azine and Worlds Work. q.
The story runs like this: 1t was near
the plantation of Nathaniel Macon whoh
was famous figure in the United Statege
Congress, Speaker in the House and
President pro tempore in the SenatEs.
One Of Macon's slaves came running,
from an adjacent field, held down thsH
sapling and with the other hand backedH
the horse until the gig was freed. Maf-
shall tossed him piece of money ardt
asked who owned him. "Marse Nktso
Macon" he answered. Hes an oi4N
friend" said Marshall-"tell him hoHs
you helped me-" The slave scurr{sdo
to report to his master. That was Nbstl
great Chief Justice Marshall, the big
gest lawyer in the United States" Man6u 3
explained. The negro grinned ARd9
chuckled: "Marse Nat, he may be tHSS
bigges' lawyer in the United Stats,q
but he amt got sense enough to back.
. gig Oh q saplin'." VI
When he stopped over night at sonsad
log tavern, he would eat with the fan1sH
lily or any transient guest, and thenv
sit before the fireplace and chat within
all or listened just as the simple coun-
tryman he appeared" Thus he kept
In intimate contact with people in the
ordinary walks of lfe-as no other
Judge has.
Made His Own Fire.
He always arrived at Raleigh stained
and battered from travel-see Judge
James G. MacRae in John Marshall
Life, Character and Judicial Services"
compiled and edited by John Forrest
Dillon. in three volumes, published in
1901-1903. The town then had a popu-
lation of several hundred and there
were only four brick houses. Marshall
stopped" at Cookies Tavern, noted
through the years as progressively lack
ing in comforts.
Marshall was seen early one morning
getting an arm full at the woodpile.
Asked later in the day about the in
cident, the Chief Justice admitted the
soft impeachment saying-"Yes, I
suppose 1t Is not convenient for Mr..
Cooke to keep q servant, SO I make up
my own FIRE" This is told in the Mag
azine of American History"
In the small room which the Chief
Justice occupied we're: "A bed, two
splint-bottom chairs, a pine table COW
cred with grease and ink, q cracked
pitcher and 4 broken bowl" The host
is with his guests and used his fingers
instead of knife and fork, according to
an eyewitness as related by Dr. Kemp
p. Battle to Prof. Henderson (same
as mentioned above. Another tavern
was opened about 1906 by one John
Marshal-but no kin of the Chief JUS
tice-who had been one Of the first
commissioners of Raleigh, serving until
1897.
After the court adjourned for the day.
Chief Justice Marshall was wont to
pitch quoits in the street, in front of
the tavern, with the public street char
acters of Raleigh" who were devoted to
the game, as told by w. J. Peele Of
Raleigh to Professor Henderson (previ-
ously quoted.
Marshall was popular in Raleigh as
in Richmond, as much for his familiar
ity of manners and unpretentious garb
as for the justice of his judicial opin-
ions which appealed to the people with
the same force as to the bench and bar.
John Hayward, then State Treasurer
of North Carolina so testified in 1905
Judge Marshall is greatly respected
here, as we'll on account of his talents
and uprightness as for that sociability
and ease of manner which render all
happy and pleased when in his COM
pany."