Year: 1859

on his devoted head, and utterly demolished
| the weight Of his evidence by shouting out the
| srcastic and funny inquiry Pray, what
ON these things? L wonder what the policemen of
New Bedford think of the great, newly -discov-
cred, tranquil sea eBoircling the North Pole ~
Once, in a cheap case, in Criminal Court,


when he wished to tell the Jury that the cir
cumstance that the defendants assigned in in
solyency paid but small dividend although


the defendant had been very wealthy man.
was no evidence of fraud on his part because
| an estate turned suddenly into cash. by an as
| signee indifferent to the interest of the owner,
would waste and not nothing like its value }
he contriyed to liken the property melting
away under that assignee management, to the
scattering of magnificent mirage under the


MONDAY heat; and rising higher and higher in
his mood, as he saw the twelve pair of eyes be-
fore him, stretching wide, we well remember
how, in loud and pealing accents he swept in
glory through the climax of his imagery and
argument by this astonishing comparison Of the
dry-goods mans bankruptcy. 80 have L


heard, that tho vast possessions Of Alexander
the Conquerer crumbled away in dying dynas-
ties in the unequal hands of his weak heirs"


The peroratiOn Of ore of his arguments, ~


we now recall it from memory, after an inter-


val Of nine years, was affecting illustration


Of the tender and beautiful traits of his speak


ing. 1t was an argument to single judge,


sitting without jury, to hear a libel Tor


divorce. Daniel Webster was on the other


side, and he supported the husbands petition


for divorce on the ground Of the alleged wrong


Of the wife. Choate defended the wife on the


ground that the principal witness was not to be


believed, and that the wife was falsely accused


by the husband, who, perhaps, was impatient
Of the matrimonial chain. He wound up close


and clamorous attack upon the witness who


swore to certain imprOprieties of young man


with the lady, his client, by the vehement de-
claration, if this were true. "That young
man is the Atcibtddss Of America this he


uttered with vehement and impassioned ener-


gy, fire in his eye and fury on his tongue;''


and then he made a full stop; he looked at the


scowling husband and the fearful wife; he


looked at the solemn Judge; his eyes seemed to


moisten with his thought, and presently


grave, calm, and plaintive tone, broke the deep


stiffness; ''Whom God hath joined together, let


no man put asunder. 1 beseech your Honor,


put not away this woman from her welded hus-


band, IN whom she has been ever true, but keep


them still together; and, ere long, some of the
dispensations Of life, some deathbed repentance
Of false witness giving up her falsehood with


her dying breath, some sickness some calamity


touching this husbands own heart, shall medi-
cine his diseased mind, and give her back


to happiness and love" The subduing gentle


ness and plaintive beauty of this appeal to the


stern image of Justice, sptly personifed in the


single Judge sitting silent before him, was
made more marked by the bold, strong way in


which Webster, who instantly rose to reply,


began his argument. For, conscious, apparent
ly, of the strong sympathy which Choate had


raised, he launched heavy blow at this feel


ing at the outset. He opened by q very power
fal but unpublished and inharmonious compari-


son Of the husbands fate, if not divorced, to


the punishment recorded in history of dead


and decaying body lashed forever to the living


and breathing form Of the cond emned criminal


The impassioned prayer of the wife's advocate,


however, was destined to prevail


We once heard lawyer who had often heard


Mr.. Choae speak, declare that the finest ex


hibition of eloquence he ever heard from him


was in little country Office, before Judge Of


Probate, upon the proving Of will. 1t was a


Winter morning, and the Judge sat before the


fire, with his feet mp in the most careless man..
ner. He evidently had great contempt for
OrstOry as applied to law, and was quite resol-


we'd to have none of it; so turning up his head,


rs he saw the counsel for the heir looking at


pile Of notes, he said in the most indifferent


way, sIf you've any objections to make, Mr.


ChOate, just state them now" (The idea OF


asking Rufus Choate to just state anything9


Choate began in the most tame mann or he could


assums- by running over a few dry legal saw.


and rome musty and absurd prime lies of law


Cover ling wills. The old Judge began to pick


up his ears; soon the argument advanced from


a mere legal principle to trifing but telling


illustration of it, couched, however, as far as


possible in legal phraseolOgy; the Judge gave


more attention, and the advocate enforced the


illustration by very energetic argument, but


not yet fOwery; and speedily the Judges legs


came down, one after the other, his body turned


round, and his eyes fixed on the speaker, and


at last as he arose into his cOngenial and un-


fettered field Of argument, and pictured with
flaming passion the consequences 10 the whole
domestic and social state Of New England il
4 Al a.
not be applied to the wills of the farmers of


New England, the Judge fairly nodded in sd-


niiring acquiescence, and the unequaled advo-


cate carried the case and the tribunal at the


poirt ofthe bsyonet.


We saw him once walk right up to juror
who sat the front seat of the jury box, look
inS doggedly incredulous-riyh yht up close to


fist almost in his very eyes, ''Sir," said he,


give me your attention. and pledge myself


to make this point wholly clear to you" The
poor man looked more crest-fallen and erimi-
nal than the accused prisoner He opened his
eyes, and his ears too; one after the other, the
Publications in which he had intrenched his
resolution for q verdict against 6hoate went by
the board, under the resistless forensic cannon
aiding, and a verdict for defendant sealed the
success Of that audacious declaration.
Ch 'a'es cOuntsnauce is by NO means the
looking glass of his soul. 1t is too sallOw and
bilious; the deepest shadows alone are visible
in is dark dial. He has, however, an extra
ordinary instrument of gesture, rarely if ever
precedented and that is his legs. For it is a


ffequsnt resort of his, by way Of emphasis, to
spring up by bracing all his muscles and
settle himself down again in his heels with a
force which often actually shakes the whole
Courtroom. His voice is rich and deep, not


resonant and metallic, quality which all out
door speakers must have, but rather wordy
and deficient in sttimbre ~


- 3 -
ISDEPKNDKSf MARKETING IN GkORGIA "A short
time since Gen. Bethune. editor Of the Corner
StOne. Columbus. Ga. was hned for doing his
marketing outside of the marke house. and refus-
ing to paw his fine, went to prison friend how
ever, went up and paid the hne without his know-
edge, and the General thercupon set at liberty
Subsequently. however. he made appeal TO the
supreme Court of teorgia. which has dec cded in


his favor, evidently to the satisfaction OF large
number Of his friends, os we learn from the local
papers that, on his return home he WINS received
with the 'hriAg Of cannon and the roll Of the
drum The decision of the court 4 v denies that
me Legislature Of Georgia has conferft upon the
Ioiunbus city council the power to pr ,hibt


the sale OF produce at other places thar the market
house. IL does not touch the far different quee-
tion which wa. warmly pressed, as t, its right to