Year: 1871

uOney Ills CdSe IN BOOu, He HuSJ DC Uake1
care Of" or "Oh, he has only a-Ah, let
me see," balancing his scale-like eyebrows,
"Oh, yes, | see now, he's only a very lit
tie, very little, the man amounts to just
nothing at all, and he has a shocking bad
case" He was we'll known to the Albany
bar forty years ago. He possessed some
ability as a lawyer his chief characters
tics, however, were acquistiveness, sharp
ness, and perfect familiarity with the old
system of special pleading, the TECHNICAL
ties of which he used with the subtiity
and craft of an experienced card player
He was well skilled in controversy and
possessed q copious, rapid, and vehement
flow of language. The badinage of his
fellow members of the bar was often di-
rected against him but his impudence and
conceit rendered him invulnerable to such
attacks.


"Mr X" said the judge, addressing
this individual, "the court desires you to
undertake the defense of George Ames, the
prisoner at the bar"


"Ah, yes; your honor can always COM
mand my poor services in that way, but /
have seen the prisoner before, and l think
in view of his circumstances-hi means
that is his ability to pay ; mean, the ma
ture of his great offense, and think him
guilty-that is, think perhaps he had bet
ter plead guilty and have done with it."


A sob of deep, heart-broken anguish, re-
sounded through the courtroom it was
from the mother who heard in those words
the knell of her sons DOOM


Barker who had been entirely absorbed
in the scene could control himself no lon
ger; he arose and said to the court


'lf your honor please, / will un-
dertake the defense of that young man. >
The tone of his voice and the quiet dignity
of his manner attracted the attention of
all present.


"The court is unacquainted with you
sir and we desire that the prisoner should
be ably defended" said the judge in
tone that clearly indicated his surprise.


"lf your honors please, said would
undertake his defense, and now say more,
he shall not be convicted unless his guilt
be made apparent. / at least will compel
the people to make it apparent, said Bar
ker.


"Do you desire the assistance of Mr..
X. ?" asked the judge.


"No; if your honor please, will assume
the entire responsibility of the defense.''


The court signified its assent.


Edward Livingstone was then district
ttorney of Albany county. He was learn
ed and eminent in his profession, elo-
quent at the bar, pleasing speak
er in the popular assembly, politician
of rare capacity, and formidable
prosecuting officer. Such was the man
with whom Mr.. Barker, with little over
two years experience at the bar, was to
contend,


The court granted postporement of
the trial until the next morning, to enable
the young lawyer to consult with the pris-
oner and prepare for the trial. Language
cannot describe the surprise, joy and graft
tude of Ames and his mother, at this unex-
pected appearance of defender. A short
consultation with them convinced him that
the young man was not guilty, although sur
rounded by a train of circumstances which
seemed TO point with almost indubitable
certainty to him, as young but hardened
criminal. He was the only son of the poor
woman present, and she was widow.
Their residence was at Fort Ann, in the
county of Washington. A few days before
the commission of the crime with which he
was charged, the young man came to
Albany for the purpose of obtaining en-
ployment. Here he soon made the acquain-
tance of very friendly appearing man,
who seemed to take much interest in him,
and kindly offered to assist him in obtain
ing employment. One evening he was in
vited by his friend to accompany him, and
examine some personal property which was
then in certain building which he had
rented in the city. Although 1t was quite
late when this proposal was made, George
assented. On their way they overlook two
persons with whom his friend was acquaint-
cd. The latter invited these persons TO
accompany him they assented and in
few minutes George and his companions
found themselves in the rear of a large
building. His friend now informed him
that he greatly desired to enter that build
ing, which was his store, but as he had
forgotten the key, he must force an en-
trance, and produced small iron bar, which