Year: 1876

The third volume of "Ohio State Reports
presents a statement of the quite exception
ally interesting case of Nancy Farrar, whose
then defender will be the next President Of
the United States. The unfortunate Nancy
was by nature totally incapable of crime; but
she poisoned several persons, and she was the
object of fearful persecution. Her defender
had no easy task. His task, indeed, was one
of extreme difficulty and delicacy. He had
not only to battle with the popular thirst for
blood. He had to meet the almost insane
determination of the judge to infame the pas
sions of the jury to the point Of finding yer-
dict Of guilty. For the judge, who had been
a Jealous prosecuting attorney, was emphati-
cally what is called a hanging Judge, and he
seemed to have no doubt of Nancy's capability
of crime, although her very physiognomy
proclaimed her almost idiotic. The Judge,
moreover, clung to the old semibarbarous no.
tions of English jurisprudence as to the test
of capability to commit crime.


The jury was bad one. 1t so grossly mis-
behaved, indeed, that the Supreme Court set
aside its verdict, chiefly on the ground that it
had so grossly misbehaved. In q word, the
advocate of Nancy Farrar had to battle with
the prejudices of the jury, and the prejudices
of the court, as well as with the passions of
the public. He was almost unknown at the
bar. The case was tried at Cincinnati. He
had never tried case there. The president
judge of the court by which he was assigned
as counsel for poor Nancy knew him we'll
enough to deem him as able as modest, but
the other judges knew nothing of him. He
was almost total stranger to the Judge by
whom the case was actually tried. He had
yet gained no reputation.


How did he conduct himself2 I watched
him closely. l have attentively observed him
ever since. He then came fully up to the oc-
casion, but he did not ever try to rise above
it. Ever since he has come fully up to every
occasion, whether civil or military, in his life
of modest, noble aspiration and ambition !;
but he has never tried to rise above the oc-
-casion.


He did not obtain a verdict of acquittal.
That the Judge made quite impossible. But
the case was taken by the able, earnest and
determined advocates of Nancy to the bar of
the Supreme Court and there he had g tri-
umph, to the extent of getting the grant of a
new trial, and te the extent also of greatly
enhanced professional reputation. ! heard
his argument in the Supreme Court. 1t was
a truly admirable effort, and the peroration
was indescribably pathetic. But on this oc-
casion, as on all others, Mr.. Hayes was singu-
larly modest. Possibly his modesty appears
(and possibly 1t is) extreme. 1 think 1t is ex-
cessive. But also think that 1t is not incor-
rigible. He will "come o. that" sufficiently
in the Presidency. Poor Nancy was not tried
a second time. She was sent 10 q lunatic
asylum.


Hayes reputation has been growing ever
since he was the advocate of Nancy Farrar,
and he made very high reputation in that
case. But he has never had q reputation
equal to his abilities. OF these all who know
him well have a very exalted estimation.
would say with perfect confidence that he
hal no superior among the competitors for the
nomination given to him the other day at
Cincinnati.


He is not "bookish" man, and yet he
studies books as well as men. he studies
men in books and out of them.


A shade of shyness marks his ordinary
bearing, but his manners mark him as per-
feet gentleman. He is, indeed, man of very
winning mapners. R. b. W.


WASHINGTON June 81 1875