-2-

1865

Feb. 4th

interests himself in some of the numerous books that meet one on every hand. X

Last Saturday afternoon I made a flying visit home returning the following Monday. Nothing of importance did I hear of or observe. It seems as if every time I meet any one of the family, as if my love increased. I see something to call forth a higher and deeper affection continually. Cordelia is growing exceedingly sweet and lovely. One cannot but admire Kate for every noble quality. (Note of books read.) ... X I have been attending Prof. Northrop's lectures on Oratory. I am taking a lesson from Bailey in reading every week. Attended a reading by Murdock. X

I have at last, indeed it was at the end of last term, that I made up my mind to join the Church, provided I succeeded in passing the examination which will take place in about one week. I see no other course which I can honorably take. The desire to live and not to experience at an early period death is the drawback to my perfect faith. I endeavor to live a Christian life, but instinctively shudder from making an exchange of worlds. I am endeavoring to overcome this feeling by the aid of the Divine Spirit. It is a constant thorn, which harasses my pleasure and disturbs the workings of a Heavenly faith. I think it must be the working of the Devil, who helps thus to create dispair and a feeling of indifference within me. I shall persist, God helping me, in my determination to perform the will of my Creator and shall trust to him, as far as I am able, to extricate me from the maze of doubt in which I am at times thrown, and to remove the mist which surrounds as a heavy veil to my soul. I am thankful that rays of light are penetrating and growing stronger day by day. May I not hope that before long it will dissolve entirely and leave me in the pure atmosphere of unwavering and constant love. X Prof. Clarke has been of great assistance to me in my spiritual struggle. He has lent me books and given me appropriate advice. I have derived great instruction and comfort from Grulburn's Personal Religion. After breakfast it is my custom to read about twenty pages in some good book. At present I am reading "Jeremy Taylor's Holy Living and Dying. It interests me exceedingly. I called upon Miss Bull yesterday. I have all the female company at present which I need. X

..................

1865

Feb. 25th

Another week is just about to end. I went home on Monday evening and passed an examination at the house of Mr. Charpent. before Messrs. Sedgwick, Charpent & Saml. Curtiss in company with David Coe for admission into the Church. I for a long time have been trying to bring myself to this point. As long as I can remember two great duties have been confronting me - Membership to the Church and Death. My sense of duty seemed to impel me to the one -- my fear of what is beyond made me totally uneasy about the other. By talking with Prof. Clarke & the committee, I discover that most Christians have an instinctive fear of Death. It has been the hardest thing in the world for me to decide to stand up in the broad aisle and acknowledge Christ as my Savior -- not because I am unwilling to confess this -- but because men silently say within themselves Well, he is setting himself up above all of us. It seems as if in the eyes of the world it was presuming a good deal. Of course I do not care much in one sense what they think but I am peculiarly

1865

Feb.25

constituted and can not bear to appear what I know I am not. I can
ascribe the change in my feelings to nothing but God's grace in my
heart. Assisted by his spirit, I am determined to lead a holy
life.

(Follows memo. of various books read.)

Prof.McWhorter comes in daily at 12:30 A.M. and generally
remains until 3 P.M. He reads from one to 3 under such circum-
stances, so I am only disturbed for 1/2 hour, which is quite agree-
able to me.

May 10th

This probably is my last whole day of vacation. Tomorrow at
2:15 P.M. I shall endeavor to start for N.H. The term began just
one week ago. I have been detained by my visit to N.Y. rather
Brooklyn, at Thomas' (from whom I purchased my cloth for clothes),
a path which I have been making along our Bog meadow, fences between
our barn and Issac Brook's, the planting of elm trees upon its bor-
der, the planting of a hedge at Miss Bowdoin's, one along our garden
and fitting up our house with locks, bolts, etc.

The vacation has been most pleasant, perhaps the pleasantest
I ever spent. I have been employed most of the time in out of the
door work, superintending Augustus our new man who has served 3 yrs.
in the army of the Potomac. He is a nephew of Bassot on Clapboard
Hill. I have done somewhat more than exercising a supervision over
him. A good deal of work actively I have been engaged in, such as
planting and digging up trees. By the way our 2 first elm trees came
from our orchard & the remaining ones from Chas. Wheelers' land in
Oronoce for which we paid 50 cts. apiece. Several days I have
labored out in the hot sun until sunset loading up the cart with
gravel from the Ferry Bridge Hill or the road from the Conference
Room which I have been grading or perhaps trotting off alone nearly
up to Old Farms for loam, while Augustus was turfing or otherwise
industriously and profitably employed. My face is fairly black with
tan. A good deal freckled.

President Johnson is doing nobly. The plot for the assassina-
tion of President Lincoln is progressing rapidly. There are strong
hopes that Jeff. Davis will be caught.

Two months ago last Sunday or on the 1st of March, I united
with the Church in Stratford. Two weeks before this time I came
over and passed the examination in company with David Coe and Mr.
Charpint. Mr. Sedgwick, Saml.Curtiss & Pastor constituted the Board
of Examination. I stated fairly as I believe the state of my feeling
and, although not feeling perfectly sure of my own position, wished
that they might decide as far human eyes could discover, whether I
was worthy to join the Church militant on earth. A very great num-
ber of questions was asked. Most of them being addressed to me. I
had made up my mind when I went to New Haven last September that,
now expecting to have a more favorable time for the complete survey
of the religious field, I would not leave my course of study until
I had deliberately made up my mind what code of morals and system of
faith should guide me during the future. Far be it from me to
claim any great human insight into the doctrines of religion. To

["- 4 -", "1865\nMay 10th", "God be all the praise for leading me to the decision at which I have\nfinally arrived. A burden has been for a long time laid upon me,\nconsisting of a great responsibility for not taking a decided stand\nin this great subject of religion. Now that I have come out boldly\n& publicly, I feel relieved. My inner life seems to gather vitality\nas it matures. During the last term I have accomplished an immense\namount of work, have read 11,000 pages, a greater number than I read\nthe 1st term.", "May 11th", "Today has been somewhat showery, therefor Agustus has not been\nobliged to help plant the corn lot on the corner. He & I have I anted\na hedge of Arborex vitae along our garden fence at the foot of t:\npotatoe patch near the cow yard. The hedge at present consists\n175 trees. We were interrupted by the showers frequently. We : so\nplanted 5 large evergreens near the large gate which opens into the\nmain yard near the barn. I sent Agustus after we had accomplished\nall of this to Miss Bowdoin to set out two trees to fill up the\nplaces made vacant by the death of two planted in their hedge some\n3 yrs. ago, which extends from the house to the Temple. Agustus\nyesterday planted a large hedge between her shop and the aforesaid\nmentioned building.", "May 12th", "My 21st Birthday. Mother yesterday gave me Ten dollars as a\nbirthday gift. I shall not attempt in the least to expatiate upon\nmy feelings on this occasion.", "My plan for the ensuing term is not as yet fully settled.\nProf. Porter I have in vain attempted to find.", "I attended as usual the Friday night meeting conducted by Prof.\nClarke.", "June 2nd", "Yesterday (Thurs.) was observed by the Nation as a day for\nhumiliation etc. on account of the death of Lincoln. McLean and\nmyself attended Dr. Bacon's church, when we heard a commemorative\ndiscourse on the life of Lincoln. The mercury stood at 82° - the\nchurch was crowded - everyone was picking off these worms which\nhave stript bare all the fruit and elm trees.", "Although I have not accomplished very much in the way of reading\nthus far, yet I trust that my time has not been misemployed. I am\ndoing several things which I tell no one of, in order to remedy a\ndeficiency of my nature. I have no doubt, in fact I know, that\nothers have done the same thing as I shall describe, who had no\nsuch blemish in their intellectual nature and who afterward have\nbeen amply rewarded. Between 4 and 5 P.M. I go to x_x_x_x_x_x_x_x_x_x_x_x

- 6 -

1865
June 22nd

the printer forgot to put the quotation marks. This short piece
was the next day followed by a scathing statistical answer headed
by "Composite Oration."

Aug. 4th

The old stove which was formerly Grandma Judson's and which
Chester carted over from Stratford for me last September I have
persuaded Aunt Amanda to allow McLean to retain for the coming
year. He is then to convey it to her house or sell it for her
as she decides. I have sold him all my furniture at a bargain,
inasmuch as I did not feel like skinning him as if he were a
Freshman.

Yesterday Augustus drove over to New Haven with the horse in
the lumber wagon and took over to Stratford a full load of my
personal effects, consisting of two large boxes of books, one
small trunk of boots and unmentionables, one box of pictures,
my easy chair, a pair of mehogany shelves, and my large wooden
spoon. I shall follow tomorrow in the Railcars with my trunk.
On Thursday evening or rather on Friday morning after Commencement
Fuller of '59 (I believe of '59) made exceedingly flattering re-
marks about "Jack Sterling". I heard the cheers at the time but was
not within calling distance.

Prof. Porter has expressed himself very much pleased with my
progress during the past year. Prof. McWhorter told me yesterday
that Prof. Porter during the Winter made the remark to him, that
he thought if I should go on as I had commenced life that I would
arrive at equal distinction with Daniel Lord, for I had something
of the same kind of talents - soundness of judgment, accuracy,
reliability, indomitable perservance and integrity. Certainly
that is a very high compliment and should serve as a very great
encouragement to me in my progress through life. I have always
thought that I was exceedingly lacking in perservance but everyone
seems to think otherwise. Somehow or other I have gained a won-
derful reputation in New Haven as an industrious worker. I have
tried to realize the importance of time and therefor by counting
almost every minute as it flew, have accomplished much more than
I otherwise should have done. I have hardly made a formal call
during the year.

I have in vain attempted to take more elocution lessons from
Prof. Baily during this last term. But he has either had a boil,
or been absent from town or broken his engagement. I commenced
last term and have reaped great benefit from eleven lessons. I have
spent a little time in taking singing lessons from a Theologue by
name DeForest. The reason why I am remaining in New Haven a week
later than usual is that I may partially make up for lost time when
I went to Utica in June and the few days I was delayed at home at
the commencement of the term.

- 7 -

1865

Aug. 4th
Con'd.

The Summer thus far has been exceedingly warm. I have taken
very little exercise this term, but have been in very good health.
I am relying a good deal upon rowing in vacation to atone for
past deliquencies.

Yale has again won in the University Race, beating Harvard - Yale in 17' 42 1/2" on a course of 3 miles in length, Harvard 18' 9". The first time is the fastest on record in the world.

Mat Borden I expect from New York tonight. He is attempting
to get his Degree of B.A. and is going into an examination in
Astronomy in the morning. He has staid with me several times
this term. During Commencement Week H. P. Boyden and Tom
Boltwood made my room their headquarters.

Vannami has been appointed Librarian in place of Prof. Gilman
resigned. Every one seems pleased with the change. The Library
hereafter is to be heated and opened for an hour or two in the
afternoon.

The Art Building is rising rapidly. Tutor Wheeler, who is now
traveling or studying in Germany, has been appointed Prof. of
History. This appointment, it is understood, is purchased, as
it were, by the $85,000. which he was instrumental in obtaining.

Mr. M. Evarts has been made a L.L.D. by the college. His son
has just entered the Freshman Class. The father was made Chairman
of the Alumni meeting and also of the Banquet held at Music Hall
for the benefit of all graduates who had participated in the War.
He was not visible very much of the time to the eyes of the barbarian
world on the Commencement Eve.

Let me give a list of those who were here then, of my particular
friends - Boyden, Pratt, Owen, White, Merriam, Bordon, Boltwood,
Herwitt, McLean and myself. Clarke is A.P. off New Orleans. Frank
is on his way to China. The Judge is attending to Gov. business
as Ass Pay. Palmer has the agency for the state of Indiana for the
sale of Lincoln's engraving and life. Dorcy is in Europe.

And now let me say in conclusion I am thankful to Providence
that he has allowed me the privilege of reaping so much benefit
and pleasure from the year's labor. I thank God especially that
I can look back to this year and think of it as the one in which
I publicly gave my services in an enduring covenant. May He help
me to keep it faithfully. I trust myself to Him for the future.

- 8 -

1865

Aug. 4th
Con'd.

My life is hereafter to assume a different shape, but this grace
can render me fit for anything. I pray especially that I may
make an honest lawyer. I appreciate the temptations into which
I am soon to be introduced. May God grant me that firm integrity,
that honest purpose and conscientious regard to duty which are so
essential to success and so pleasing in his sight.

TOBACCO

COVENANT

I do here make a covenant with myself that I will rigorously
abstain from using Tobacco in any form from the time I shall
commence studying in the Law School in N.Y. until the end of the
term in May 1866. The above covenant is not to be binding when I
am in New Haven. One exception a week may be made to it also --
but only one.

I should have stated that on the Monday before Commencement when
the Sub-Freshmen were being examined for admission, Tutor Otis came
over for me to examine them in Arithmetic. It seems that the number
was so large that the regularly appointed Board of Examiners did not
have sufficient time and therefore Otis was delegated to employ me.
I excused myself on the ground that my time -- its scarcity--would
not permit me to leave my studies.

Oct. 2nd

 arrived in N.Y. at 6:30, procured my breakfast,
waited at the Astor House until 7 min. of 8 A.M. when Pugsley came
along, whom I had not seen for more than a year. We then traveled
about the City until 4:30 P.M. and almost died in the exertions we
made to procure rooms. At last at No. 78 Macdougal Street we pro-
cured room and board -$14.00 per week for room and board, $2.00
for lunch, $2.00 for coal. This makes $9.00 a piece. I had
expected to give $10.00 per week. But Pug is somewhat limited, *
I think very likely we shall have to change.

I exchanged last week father's double barreled gun & $4.50 for a
Smith & Wessen's revolver, which is to be left in the house for
defense. I shall take the small single barreled pistol.

Today they are voting whether the negroes shall vote under the
same qualifications as the white men do. They only make Freemen
I understand in the Spring and therefore I am not able to vote.

Oct. 3rd

This afternoon he (Pugsley) and I went to see Prof. Dwight.
I paid him the regular fee of $100.00. Tomorrow afternoon we
report to him at 4 P.M.

Oct. 5th

we both went around to the Law School at 4 P.M.

- 9 -

1865

Oct. 8 Sunday This morning Pug and I went to hear Dr. Chapin. He was more pleased with him than I was. He is eminently a sensational preacher. Some parts of his sermon were very fine - eloquent. He is a fine looking man. His church was crowded. ....................

Oct. 15

Sunday This morning I heard Dr. Thompson at the Tabernacle. I occupied a seat in the gallery. I was very much pleased indeed with him. .................... In the afternoon we heard Dr. Robert Booth at the Mercer Street Church.

Oct. 17 Tuesday Our first lecture from Prof. Siebor today. His "indisposition" alone prevented him from being eloquent.

I should explain a little more definitely about the School. I have connected myself with the morning class. At 11 A.M. we recite for the present in Blackstone. As soon as Prof. Dwight has finished hearing us in this, he reads to us a lecture from his book which we take down verbatim. This lasts until one o'clock. Once a week we have a lecture from Prof. Siebor - on Tuesdays at 1:30 P.M. The first moot court will be November 3rd.

Oct. 22

Sunday I went to Brooklyn this morning. By invitation I called upon Thomas and went to church (Plymouth) with his sister and himself. I heard Dr. Stokes preach a most eloquent extemporaneous sermon. His language was most chaste and beautiful. The effort was characterized by no hesitancy or apparent thought. The new system of worship which they have introduced into the church under his authority, I may almost say, for the plan was much opposed by the more weighty and substantial men of his Congregation, did not prove very acceptable to me. I do not like to see a Congregational minister dressed in a gown, standing up erectly and so formally; and in addition I most of all am opposed to this practice of everlasting rising and sitting down.

Oct. 25th

Wednesday This evening I joined the Dwight Law Club, the admittance fee for which was .25. It meets every Wednesday night. I had the honor of being appointed Secretary, but resigned. It is my firm intention to meet with the Club regularly and take a regular part and learn to speak if a possible thing. I prize this opportunity as one of the most favored.

- 10 -

1865

Dec. 22nd

I cannot possibly get over that nervousness which has always attended my recitations. I tremble all over and it is difficult for me even to commence the sentence in reply when I have a perfectly clear idea of the answer. Day before yesterday I recited a solid page of Parsons. I shall make persistant endeavors to get over this silly feeling.

On November 15th I was appointed on a moot court case to be argued on the following Wednesday, the 22nd. I felt convinced that I was upon the wrong side - the Defendant, and this discouraged me greatly. The order and position of the books in the library were new to me. I was filled with a presentiment of failure. But I had, long time ago, made up my mind that I would flunk rather than commit my piece to memory. I determined therefore to speak extemporaneously. Here a digression - my observation and the experience of others has forced me to the conclusion that one of the main advantages of the school consisted in the discipline to be obtained from these moot courts. I had, therefore resolved that every week I would prepare myself upon the question at issue and speak if it were a possible thing. I therefore went to Hamlin of '63, who has just commenced the practice of law here and told him my feelings and asked him if he were willing to hear me speak to him, for 3 months, every Wednesday afternoon - criticising severely my method of speaking, the argument presented and the general style of the effort. He seemed perfectly willing, for which I offered him $12.00 which seemed to him more than a fair consideration. I, therefore, prepared my argument, leaving spaces between the quoted authorities, where I placed catchwords upon which I could string extemporaneous expressions. I spoke my piece over to him once, and, although I was greatly embarrassed, still I succeeded tolerably well. He was confident I should do well. I was sure that I should signally fail. Inasmuch as I was fully imbued with the idea that it was essential to success that I should lose sight of myself - of all those thoughts of dissatisfaction and self disgust which I knew would crowd in battalions upon my mind and thus fetter me in speaking, I determined that my only salvation depended upon my getting earnest. This was the main point I therefore designed and resolved to gain. I could affect, if I really could not feel, earnestness. And thus it turned out I spoke most enthusiastically, enforcing my points with all the ardor imaginable, laying down principle after principle with as much force as my rebellious thoughts would allow. I hardly hesitated once for a word and produced an impressinn which brought forth quite an appreciative applause when I finished my peroration. I have been really surprised at the effect I produced. Such gratifying communications should serve to encourage rather than flatter me, in future. I resolved to try again.

On the succeeding Wednesday, the 29th, it was stormy. The Trustees were holding a meeting in the Library, so we were obliged to hold our meeting in the Lecture Room. Inasmuch as I thought the question was poorly argued and as few were there and while the Junior Defendant was making a second speech, no objection having been made thereto,

- 11 -

1865

Dec. 22nd
Cont'd.

I determined that as soon as he took his seat, I would rise and fail if necessary. I did so and made an entirely extemporaneous speech which seemed to be appreciated. How glad I was when I sat down that I had the assurance to rise and speak.

The next week I did not speak but last Wednesday I rose again, when the voluntary speeches were in order, and made quite a lengthy speech, enforcing my ideas by authorities which I had on my paper. I had not spoken this to Hamlin, as he was not in when I went around to his room. I shall try again and continually.

Thanksgiving this year was deferred until the 7th of December, in order that the national and state fasts might be both upon the same day.

and in all the sleet and snow traveled to Mrs. Fairman's where I met Pug with whom I posted toward the Colleges to the great "Bones Thanksgiving," which was a most precious, splendid and unmentionable enjoyment to me.

I have heard Beecher, Chapin, Storrs, Thompson, Murray, Kellog, Booth and others, each once, and Dr. Thompson quite frequently. I have written to McLean to see about my going to Utica next Summer, into Doolittle & Babcock's office.

1866

Jan. 1st

In the first place, I have persuaded Father to let Mr. Calvin Curtiss paint his portrait. He was very much opposed to this at first. I offered to pay for the portrait, by giving the $50, he owes me, with interest from the date of Junior exhibition, and $45, I earned in New Haven, in teaching Seldon. Finally, he decided to have his portrait painted and has refused to allow me to bear any of the expense. It was entirely my own idea - of course I feel very much gratified.

Feb. 7th

Two weeks ago I made another speech in the Law Club, the best one I think I have as yet made. I work about as hard as I can very well and hope to be rewarded for my pains. Calvin Custer has commenced taking Father's portrait.

Feb. 14th

Long recital regarding death and funeral of JWS. Sr.

- 12 -

1866

Feb. 14th
Cont'd.

Paragraph re Sarah Wetmore's interest in the Estate.

Have settled up the account with Uncle David - Eccles.
Society of which Father was Treasurer for 27 years.

Apr. 10th

On counting back I believe that today Kate Holden was married in Dr. Spring's Church by Dr. himself to Joe Sutton. Only first cousins were invited. Dan accompanied by Dard came to give me a general invitation to the wedding the night before. I went up and took a seat in the gallery. I have heard from several quarters that I was seen going up with a book under my arm. It was all true for I could not afford to go down to my room again and get my lecture book and then go to the Law School. I think these weddings are all farces. I see no pleasure in attending, form and show, a studied smile, an aisle parade to exhibit smiles of happiness, beauty of complexion, style of wedding outfit. All a poor consolation for the audience, for unmarried men especially.

Apr. 20th

The portrait is coming on finely. The lip should have been changed some time ago.

Cordelia has written me that our house was entered by Burglars last Wednesday week. The kitchen door was first tried, then the window which I had by my patent fastened, then the south parlor window, then the north parlor window, through which the barefooted scamp made an entry leaving his footprints on the chair. A long match was found on the floor, but he could not get into the hall on account of my patent on the inside where the ring of the key is. The dog was barking furiously meanwhile. He then tried Mrs. Olney's and Johnson's. He was scared away from the first and took a pair of silver candlesticks from the second. At home they all feel quite comfortable now that the attempt was really frustrated.

Jul. 8th
Utica

On the 15th of June I reached Utica.
about the 1st of May I returned from New York, where
I remained until the 7th, when I went to New York, sent $4,000
to U.S. Treas. Dep. to be registered, went to City Bank to see
about transferral, also to R.R. Co. offices on business for
Uncle David.
The next day I returned home, where I
remained until the 12th of June. During all of this time I
worked in the garden everyday, digging and planting. I was
very weak indeed, when I commenced laboring, but the exercise
has gradually brought me up to a fine state of health. I hired

- 13 -

1866

July 8th
Cont'd.

no garden work at all. Wilfred (the boy) and I did it all.

There were a thousand things which needed to be attended to.

I took delight in doing whatever I could.

Oct. 14th
In Utica

..................

The President of the U.S. and Cabinet passed through Utica and stopped for a half hour on their passage. Mr. Doolittle made the welcoming speech, reading it from the manuscript. Mr. Johnson replied in a very forceful and expressive speech. He is a very thick set man, large bull head, broad, firm and decided mouth, but rather a dead eye. The reply was one of the best he made on the way. The street was crowded to see Grant and Farragut, whom they continually cheered. Mr. Johnson was decidedly snubbed. It is wonderful how he has lowered himself in the eyes of the people. Secretary Seward looks very thin and worn, down. The whole party was a drunken and carousing set of officials. Johnson and Seward drinking incessantly. I also saw Secretary Welles and Major Gen. Custer.

..................

I am very much gratified that I have been permitted to enjoy such advantages as I possessed at Utica, for I was entrused with the ledger and opened a system of double entry book keeping, besides learning a great many little things connected with a Law office which no book could ever teach. I have been very regular in my exercise. The Indian club has been my constant resort night and morning.

1867

Jan. 20

New York

..................

.................. I invited Hamlin to go to Black Crook, where he has been once before. The transformation scene baffles all description. The dancing did not have as much charm for me as most. The theater was crowded and has been for months. I am not surprised at its success.

.................. I have been to the theater but once this winter and do not expect to go again this term, unless to hear Booth (Edwin) in Richelieu.

In reference to the Law School I may say that it is the general belief that I head the class - this is no vain speech. I cannot here go into particulars as to the manner in which I am convinced of it. I do not count much however on being a Valedictorian. I know how those things go oftentimes.

- 14 -

1867

Aug. 17th

From January until the 16th of May every moment seemed more precious than gold. My previous reputation as a scholar and worker was to be sustained with one object in view, if no other more laudable one, of taking either the valedictory at the Law School or winning the First Prize in Municipal Law. Both could not be taken on account of the custom long prevailing, miserable tho' it is, that a person should be satisfied with one of these honors. For a long time, it was my determination to try for both, and the necessary labor was persevered in to the last. Precious lectures and constant reviews were absorbing my spare moments. A journey down town on matters of business was regarded as a great hardship - as being so much time irrevocably lost to study. Day and night were spent in close application. So that by the time the subjects for the Prizes were made known, all my lectures had been fully mastered to such an extent that a complete analysis could be fluently given of any subject of which Prof. Dwight had treated. Others at this time had not commenced even the work of reviewing, and I was a marvel to all when my attainments gradually were disclosed. When at last I decided not to enter the encounter, it was not however until I had received the appointment of valedictorian, I set about cramming, but first of all persuading to an entry on the list - Johnnie Brooks, into whose ears during the recitation hours I constantly poured thousands of illustrations of the subject under examination, which by diligence I had collected through the two years course. His analysis of "Things in action" I corrected in many important particulars and the treatment of the subject in its details were thoroughly altered and may I not say, improved, by my constant advice and criticism. One whole afternoon I spent in correcting, for the last time, and I may add he is very grateful for my services. His qualities of mind and heart I have always appreciated.

Presentation Day I spent in New Haven, also the next evening, Thursday, during which I found no sleep, nor did I covet any amid the celestial bliss of 322. On the 17th of July, I went to New Haven to attend our Triennial. Geo. Morriam again pressed me to take the tutorship, as he was certain I might obtain it, if I would so much as hint it. Tracy Peck, Mr. Dexter and Perry were very sorry also when I refused. It was quite a matter of surprise to me that I had ever been thought of, still more electioneered and sorely pressed for that position. On one assembling in Smith's Hall to partake of the miserable supper prepared for us by our committee, I found that the lawyers had monopolized all the seats and that the more respectable were left to find seats, scattered and apart. This took away from the enjoyment of the occasion. Battershall received the cup. The boy was very handsome and behaved nobly. Mr. W. Williams presided creditably. Whiting made a lengthy but well sustained and witty reception speech. The ladies were admitted of course. Miss DeForest and Miss Perry were in attendance and were the last of the ladies to leave the Hall. After their departure, the toasts

- 15 -

1867

Aug. 17th were in order. Geo. Merriam spoke finely to Alma Mater; Dailey Cont'd. very finely respecting the dead, but it was generally remarked what a hypocritical heathen he is, for altho his speech was spoken with tremulousness and pathos, every one was sensible that his heart was as hard as iron, tho' his lips were quivering with emotion and tenderness. Must I record that the toast on Law was responded to by myself and has been universally pronounced "the feature of the evening." The old hall fairly rang with my voice as I intended it should. We adjourned at about quarter of 5 A.M. By the way, I must state what a miserable pusillanimous response was made by Charley Bumet on Medicine. Lewis Whiting and Gregory did very well - the first in his reply to the toast on Business and the latter on Theology. We dined with the Alumni Commencement evening. I went to the immortal Bones and Oh! what ecstacy there was. This Journal is no fitting place to describe the joy always supremely enthroned in the hearts of those who attend these annual conventions. May they ever be engraved on the golden tablets of my memory. The summer has been a delightful one. Most of the time I have been employed in doing little things for the family - nails to be driven here, painting, coal-hods, wash or slop (most elegant!) tubs, making this convenience or there that - always something. ...

I was elected valedictorian some time in March I think, by a handsome vote. There were 5 candidates originally. Beekman (not Gerry) had been in the field for two years; the champion of Coll. College, Vansickland run by the afternoon class, Thompson, Bunnig.

The first two were my competitors at last. The only argument used against me was that it was unfair that I should take both the valedictory and the first prize! How foolish - Prof. Dwight was much pleased with the result and also at my piece when I read it to him on Enthusiasm. The papers spoke in high terms of my production. Ex Judge Woodruff said it was the finest valedictory he had ever heard. He told this to Mimis Seymour. Prof. Dwight complimented me highly. ...

In the preceding November, as I think I must have written before, I conceived the idea that my own progress would be promoted if I could find some tractable spirit, with which I might commune, as it were, in my legal studys. So a fair minded, docil person I found in Fred. Sturges of Wilton, Ct., who was at that time engaged in the Post office Department at night. At my convenience, he would come to my room and I would talk into him my lectures, thus improving him and benefitting myself. During

- 16 -

1867

Aug. 17th
Cont'd.

the writer's vacation of two weeks he was constantly at my side and
day and night were employed in this mutual exercise and discipline.
He continued with me in this way until graduation. His was rather
a desponding nature like my own and being of such a frank dispo-
sition and patient under whatever I might say to him, for I did
often "cuss" him for not learning faster, he was always ready to
hear me moralize to myself, as, I suppose, he thought it was
pleasanter hearing me vent my melancholy than receive my strictures
on his stupidity, or listening to my disquisition on legal themes.

Two days after graduation, as we - the class - were sitting on
the benches in the Supreme Court, I said to Hopkins, ....... that
I was anxious to get into a good law office and he in a little
while suggested D. D. Field's, where he had been during the
Winter. He afterwards spoke to him, and Mr. Field consented. The
next day, I was introduced by him to Mr. Field, who told me that
he could not make any arrangements with me as his son had charge
of all those matters, and he was now in Europe, but would return
in August, but that I might come into the office until that time
and then make such arrangements with him as I could. Finally, I
agreed to come about the 1st of August. So on the first Monday
in August, I arrived in New York, and on Tuesday, I regularly
entered upon the duties of an unpaid clerk, at a time when hardly
any business was going on, which consisted in reading most of the
time on my own hook. I shall make a strike, as soon as the son
comes, for wages - tho' I think it extremely doubtful whether I
shall receive any, for the expenses of the office are large, their
being already three paid clerks and an office boy. I shall try.
Since my arrival here, I have returned home 3 times, spending each
time Sunday and Monday, my absence not being missed by Mr. Field
on these Mondays, as he himself was also in the country, Stockbridge,
on these days.

September

Geo and I accompanied her (Miss Hamlin) one night to the theater, Wallacks, where we heard Little Nell and the Marchioness in one of John Brougham's celebrated pieces. We were very much delighted.

New York
Oct. 20th

On Wednesday last I went to the Cooper Institute to the Republican
Ratification meeting and heard Wm. M. Evarts and James Nye, Senator
from Nevada. Saw Horace Greely for the first time and heard him
read the Resolutions. He has a splendid head - quite bald and

- 17 -

1867

Oct. 20th
Cont'd.

fringed at the sides with silvery white locks. Of all readers he
is the most miserable, drawling out the words as a schoolboy. It
is said he is an equally poor speaker. Senator Morgan presided with
great dignity. When Cochran commenced speaking I left; he was
on the spread-eagle style - velvet coat, open vest, fancy shirt,
long gold chain, patent leather boots and sharper's pants, gesturing
to the stars and straddling or strutting rather all over the stage.
Jim Nye kept the house in continued laughter.

Dec. 21

Mr. Dudley's wife has been very low indeed. On Wednesday
morning she was delivered of a child which lived for a few moments
only. Mrs. Field lost about three years ago a very promising
girl of five summers. She was beautiful, it was said and the
idol of the four families. Since that time the hope of offspring
has been extremely small and this fact has been a serious source of
discomfort to the family, and thus to be disappointed has
cast a deep gloom over Mr. Dudley. His wife has been despaired of
but a tide of improvement has slowly struggled in. Mr. D. of course
has been unable to attend to the duties of the office and Mr. D.D.
has been down but a very little of the time.

Last night, I went to see Shearman in Brooklyn, on Clairmont Avenue No. 170. He had previously spoken to me in reference to assisting him on his new work on "Negligence." He wishes me to wade through the reports and find what I can, bearing on the subject. He has set me to work on 5 of Gray's Reports. I shall of course perform the work at the Law Library. I don't know how much remuneration I shall receive, but something. I am about to prepare articles for some Legal Magazine, touching railroads; for this I am to receive $3/ a number.

Shearman is about to undertake the general supervision of the
office, and he wishes to employ me in jogging his memory, as he is
an exceedingly careless and negligent man. I shall know tomorrow
afternoon whether this arrangement between Mr. F. and himself is
consummated, and, if so, then I shall be paid a little something, to
be hereafter delivered for my services in the above capacity.

On the 29th of October I undertook the task of fitting Mr. Geo.
Welles, 31 West 39th Street, for the sophomore class of Yale
College, but the engagement ended in about a month's time owing to
the return of his old malady, dyspepsia.

- 18 -

1867

Dec. 21
Cont'd.

................I had previously instructed him in Livy, Horace, Homer and Latin and Greek grammar and had worked him very hard. He was very rusty indeed and like most all N.Y. boys thought he was a very wise scholar. He had evidently never received such discipline as I extorted. My labor was incessant during the hour as was evidenced by his exhaustion when it closed. I received in payment $18.75, or at the rate of $1. per hour. I am very glad that the opportunity had arisen for instructing, as I have received a great benefit from the short course.

Mr. Sweetser presented me with a ticket to Dickens reading - splendid seat, K-26. I heard him read Domboy & Son and the Pickwick trial. He is an exceedingly foppish man, exquisitely dressed, with a triple gold chain, which takes a great deal of his attention. Diamonds, swallow tail, immense bosom, etc. etc. He has quite a husky voice and cannot be distinctly heard at the back part of Steinway's Hall. His reading is very fine. He is a great mimic, screws his face and turns his body into all conceivable shapes. Westcott of '64 says that Prof. Bailey can far surpass him on the Pickwick reading, and I am inclined to believe it. The rush for seats continues unabated and the speculators are making great fortunes. Men have stood from 12 P.M. to 12 Noon in line about the ticket office - this line extended from around by Irving Hall and 15th St. to Broadway. Our office boy reached there about 6 A.M. and there were then 350 ahead of him and thus discouraged he left. The office was open at 9 A.M. Mr. Field got the next day tickets at $5.00 a piece. The regular price was $2.00.

1868

Apr. 11

...........During the first week of January, Mother and my sisters arrived at 206 East 15th Street, where I have boarded for a year and a half, for the purpose of spending the Winter with me. At first, I rarely saw them at breakfast, as I partook of mine at 7 A.M. precisely and left the house before they had returned from the table. At night, I would regularly stop in their room, the second story, and spend at least half an hour. Before many weeks wore away, I found it was eight o'clock P.M. before I arrived in my room. And in the morning I customarily found time and inclination to wish them a good morning and a pleasant day. It is many years since I have lived so intimately and for so long a time with them, and it was very much to my improvement. I certainly am favored above most in having such kind, sympathetic and loving sisters and mother. The same anxious solicitude and care characterizes them now as in my younger days. They seem to be very much pleased with my mode of life, and though, I think, they have long reposed confidence in me, yet they are now gratified not only by hearing of, but really observing for themselves, my steadiness, and the quiet, industrious, disciplinary mode of my living. They sometimes say that I apparently restrict them too much in the use of money, but I tell them I feel the safer when they spend the least for them. Really, I want to lay up for them as much as I can, and thus far I have succeeded admirably well, as I believe, but their expenses are of course very heavy.

- 19 -

1868

Apr. 11
Cont'd.

................Once I accompanied them to the oratins, where Parepa and Thomas sang most beautifully................

During my evenings I have been engaged in revising Tillinghast and Shearman's Practice, by inserting on interleaved pages the notes I could gather, applicable to the different subjects, from the 6th Volume of Abbott's Digest. It has been very improving work.

I have been over to his house several evenings, helping him in looking up points.

The Rock Island litigation in the early part of the year engaged the sole attention of the office and was a gigantic labor, but when the Erie war broke out, even the former suit dwindled into small proportions and was almost lost sight of in the terrible litigation in the midst of which we are now involved. Night and day we have labored without extra compensation or reward or even thanks. Sundays, Mr. Field wished us to work, but I remonstrated, as it was contrary to principles to work on the Lord's day. One Sunday, however, he invited me to dinner, and afterward I found myself copying a half sheet of paper. The others have worked on Sunday to a much larger extent. On two such days, Mr. Shearman and a non-conscientious man I do not know was employed all day, and today, even he has an appointment at Mr. D.D.'s house. He is quite a prominent Christian man in Mr. Beecher's church. The Erie suits have been of such a character as to require the most vigorous execution and dispatch. Injunction upon injunction have been obtained. Numerous suits, each seeking the same end, have been brought, and even it was found necessary for certain purposes to bring an action in Steuben County in order to bring all suits into one. Injunctions have been violated, contempt proceedings commenced, excessive bail demanded, receivers appointed without notice of the motion, writs of habeas corpus sued out, references appointed for the examination of unwilling witnesses, impeachment of Judge Barnard threatened, stay of proceedings during appeal first refused and then granted, orders to show cause made without stint, and, in fact, all the more violent of legal remedies adopted that justice might be either frustrated or obtained. The great difficulty to be overcome on our part, was the fact that Judge Barnard, whom we had made a defendant in the different actions, was in perfect harmony with the other side. All of us clerks have thought it very hard that while so much extra work was required, no cold tributes of praise or commendation have ever passed the lips of our employers. And then, in addition, we are all treated as dogs or the most servile menials. Thus far, I have escaped the special ire and hasty, inconsiderate and violent denunciations of both Mr. Fields, but Morgan especially has been visited with terrible volleys of bitter and withering satire and reproof. The mildest thing which D.D. has told him lately was the remark: "Why Morgan you are more stupid today than usual." They seem never satisfied with anything and are most unreasonable in their demands. I have been trying to get into another office, not because I am dissatisfied with my position for the present, as I am not, for I have certainly learned a great deal lately, but, when the Summer

1868

- 20 -

Apr. 11
Cont'd.

comes and the lull, after the storm has returned, then the unpleasant copying will begin and the farm accounts must be overhauled and such labor, so unimproving and vexatious, undergone. Besides, I would like to see more Court business, as by this means I would have a greater opportunity to mix up with lawyers and secure eventually a partnership.

In the middle of February, I did what I had always determined not to do, vix: to buy or sell on margin. It was a time when we were getting out injunctions, and on our success the money market price of Erie very much depended. The variations of stock were very great. So Murray, Mr. Booth's broker, and whom I know very well, and I, sold short a hundred shares of Erie and the result of it was a profit to each of us of $69.10. But I hope never to engage in such an enterprise again, as I regard it as by far too hazardous.

On Thursday, April 9th, I succeeded in getting time enough to come up town and move our three trunks, box of books, shelves, dumb-bell and indian club to our new boarding house 60 East 9th St.

Apr. 25

Today, I answered an advertisement in the Transcript, soliciting a managing clerk. In reply, I merely stated that I was a graduate from Yale and the Law School and had been 9 months in D.D. Field & D. Field's Law Office. I don't ever expect to hear from it.

28

Yesterday afternoon, I found a letter on my table from J. K. Hill, saying that if I were disposed, I might call upon him at his office 44 Wall St., which I did. He seemed to be pleased with the modest account I gave of myself and promised to say nothing to my present employers, as I had requested in my reply of the 25th. He told me to call again.

29

I thought that the best thing I could do would be to speak to Bonny, who had been Mr. Hill's Managing clerk for 2 years past. What I learned from him was principally that Mr. Hill was a great worker himself and expected everyone else to be. It was his custom to get down to the office before 9 A.M. and sometimes not leave till 6, altho' lately he had gone about 5:30.

30

This evening, I called on Dudley at his house, for the purpose of getting his views on the subject of clerkship and particularly in reference to what he considered it was best for me to do under all the circumstances. I stated to him, in the first place, the attachment I felt for his office, the courtesy and goodwill they (father and himself) had invariably shown me, my regret, etc. Altogether, the opening was rather complimentary to him. He advised me that he thought it was the best thing I could do, to go to Mr. Hill's office, as the business of the latter office was necessarily of a more varied character, and the responsibility would be greater, and I must, of necessity, see more practice. We had a pleasant talk of about 30 minutes. Dudley was in very good spirits and insisted upon my going into the sitting room, backparlor. There was seated his wife and John Belden and a gentleman whose name of course I have forgotten. Dudley insisted upon opening a bottle of champagne, that all might drink to my health and success, which was accordingly done. Then we must sit down and have a game of whist while Dudley went in to see his father, as he himself had been absent all day at Hastings and wished to know what had been done in Erie. When he returned, I sat a few minutes and as I left him at

1868

Apr. 30
Cont'd.

- 21 -

the door he said he had been talking to his father about my
proposed withdrawal from the office and his father said that
I was too valuable a man to lose.

May 1

This morning I went downtown early and saw Mr. Hill and told him I would come on Tuesday next, but I trusted he would give me $20, a week. He said he thought there would be no difficulty about the price.

I returned to the office of D.F., and I noticed that Shearman who is to be a partner of D.D. & D. on 1st of May next and D.D. & D. had had a long interview, when presently Dudley called me into the room and having requested me to shut the door asked me if I had positively agreed to go to Mr. Hill's. I told him what I had said to Mr. H., but he still went on talking and said that, of course, if I considered myself bound to Mr. H. he did not wish to take me from him, but if not, then he would offer me at the start $20 per week and advance me to the position of Managing Clerk, that he still thought the best thing which I could do was to go to Mr. H's, altho' he was very anxious to have me stay, that his father thought it was a great mistake to let me leave and they all wanted to keep me, if possible. In reply, I could say nothing more than that I would consider what I had told Mr. H. and if I concluded that I had told him positively I would go, for at the time I could not really recollect exactly what I had said to Mr. H., I should in honor be bound to leave. If I concluded on the other hand that the way was still open, I would consider his proposition.

May. 2

All day yesterday, I revolved Mr. Field's proposition in my mind. About noon, D.F. came to me and said that he had seen Mr. H. and they had talked the matter over of making a change in the office, the pith of it all being that H. said that he saw that D.F. was loath to part with me and under such circumstances he was willing that D.F. should retain me, that D.F. in reply said that he should not allow him to think that he was going to be so selfish as to keep me if H. wanted to take me, that D. F. then proposed to leave the matter in my own hands, just as if I had not agreed to go to H's, to which H. agreed, as Dudleysaid.

I then went down to H. and told him how I understood the matter had been left, and that therefore I would reconsider my previous determination. As I related the circumstances, H. said that it was not quite so, that Dudley proposed to leave the matter in my own hands and of course he could say nothing and did say nothing, not even assenting to it by the nod of the head. He had only kept silent, as there was nothing for him to say. However, I told him that I would like to see Dudley again in reference to the matter.

When I returned to the office, it seems that Shearman, D.D. &
D. had had another consultation in reference to poor me, and it
seems that Shearman was deputed to argue the matter with me; and

- 22 -

1868

May 2
Cont'd.

for that purpose he took me out before Mr. Lowry and Mr. Redfield.
We went up to their offices but did not find them in.

To make a long matter (which caused me a good deal of anxiety)
short, I decided that it was best for me to go to Mr. H's and so
I told Dudley that it would be unpleasant perhaps for me to assume
the duties of Managing Clerk while Morgan remained and so, taking
all things into consideration, I thought it best to leave, altho'
I hoped that if Morgan left at any time (as we both knew that
Morgan was thinking of so doing) he would give me the opportunity
of reconsidering the matter. This left the matter in a pleasant
shape and very satisfactory. I immediately communicated with
Mr. Hill that I would come on the next Tuesday morning..........

May 6

I am regularly installed in my new position as Managing Clerk
in Hill's office, 44 Wall Street.

Jun. 13

Spoke to Hill about raising my wages to $20 per week, which he
willingly did.

30

.................. About 10, I adjourned to a place more delightful
than any other to me on earth, save my own home. What then and
there transpired I can without difficulty remember in future years
and need no lines to refresh my memory on this point I am sure.

Jul. 6

Before I went on this trip, I had 250 cards printed. I distributed perhaps a dozen or less to those to whom I had the assurance to do so. I find I am wonderfully bashful and modest. I conquer the haunting feeling gradually, but as long as I cannot destroy the roots which are constitutional and imbedded in my nature itself, I can but expect to find new shoots starting on every side and even with the greatest care they still grow and send forth branches beneath which and their clinging foliage I am often prostrated in shame. When distrust gives place to assurance and years of industry have borne such fruits as self reliance and conscious strength, which must at last mature, when I can feel that I have gained and merited the respect of the community, in which I dwell; when success in my profession shall have cast its flowers at my feet, and that of others shall not longer appear invested with such mysterious glory as to steal away my thoughts and power of expression, when in their presence and beneath their eye, it is then that I may hope to possess that confidence which nature has implanted in the breasts of most; and not until then, shall I find or attain to that common level or plane on which most men toil, labor, lose and win. It is by force of will and pride that I am sustained in my daily walks of business or pleasure.

MAR 17 1928

- 23 -

1868

October 17

I omit several pages, (from the last entry of July 6th) which I trust I shall at some time have the spirit to fill up - to pass to a subject, which during the last 36 hours, has engaged the closest attention of my mind. In order to make the matter clear to myself at some future time, when the details, of what in a moment will follow this preface, now commenced, will possibly have faded from my memory, though they seem indelibly printed there now. I must take myself back to the period when I left Mr. Field's office last May. When at that time I was debating with myself the advisability of leaving his office, I called at Dudley's house and there laid before him my offer to go to Mr. Hill's office as managing clerk. The result of this conversation was that he considered it the best thing I could do. 1st because I must necessarily see a more varied practice. 2nd because a larger share of responsibility must necessarily attend the discharge of my duties in the new capacity to be assigned, and 3rd because there was a great chance of forming a partnership with him.

The third reason I placed, at that time, on the lowest degree in the scale, especially as I had heard that Mr. Hill had offered inducements of that character to former clerks whom I knew to be deserving and worthy, and he had placed implicit confidence in. Mr. Field afterwards, but not before I had agreed to go to Mr. Hill's, had spoken of a possible partnership on Mr. Hill's part with me and I had found that Mr. Hill was unwilling to commit himself on this subject, which, with what I knew and have already alluded to, led to the conviction that such a thing was impossible.

Mr. Field had also told me in conversation that a partnership with him he thought would be impossible. This was not solicited information, and that, having always been opposed to me, it had been with the greatest difficulty that he had at last concluded to take on Mr. Shearman and that as it was, now expected that Shearman would look after the business of the office in its details, there would be no room for another. Mr. Hill offered me $18 1/2 per week and Dudley told me he would be very willing to give me $20 if I would stay, but still he thought it would be the best thing for me personally to go. There were various conversations then with his father and T.G.S. and they all came to the conclusion that they must keep me if they could. Dudley then saw J.K.H., who agreed rather reluctantly to give me another opportunity of deciding. But I determined to go and to make Dudley & S. feel pleasantly. I said that at any rate I would stay with J.K.H. during the Summer and until Morgan left, as I thought the experience in an office

- 23 -

of such a varied business would largely increase my usefulness and again that it would be rather unpleasant to be advanced over the heads of Morgan, Deyo and Husch and Schomp, while especially Morgan remained, but after the Summer had passed or at any rate when Morgan left, perhaps if he still thought as much of me I would consent to return.

Shearman has told me many times during the Summer. "Oh! Sterling that you were back again" and has often told others, "Well, we shan't let Sterling stay at Mr. Hill's very long."

Within the last week Morgan has had an opportunity of leaving and forming a partnership and D.D. has advised him to avail himself of it.

On Thursday Dudley called me to him from across the Chambers and asked me to visit him next week at his new country seat at Hasting where I had promised to go at some convenient time for such purpose. The next day, Friday, he sent down work at the office, to come up quietly to his office. I did so and found Dudley & T.G.S. in secret session wherein I was admitted. Dudley then proposed that I should return as managing clerk and finally said, with an expression that betrayed the feeling, that no brighter ray could ever illuminate my life and I don't know but he was right, "with the understanding that at no distant time I should have an interest in their business." He wished me to decide before two o'clock on Saturday, the next day, as Deyo wanted the position of managing clerk if I declined and as he had an opportunity of going elsewhere and wished to give his answer on Saturday, it was necessary to decide immediately.

After having a general talk on business, copying, drawing pleadings, opportunity of trying cases, etc., D.F. left for Hasting and Shearman and I were left alone. S.&I then talked pretty freely & S. told me that as he understood both Dudley and myself, he could interpret Dudley's remarks to mean that by next May, as he thought, I should have the interest in the business spoken of. This certainly was very flattering indeed and something which most men would have assented to immediately. To be a partner of David Dudley Field, Dudley Field and Thomas G. Shearman is an offer never made before and one I think which will be sparingly extended to others. So far as honor and reputation are concerned, I suppose, without doubt, that I should be a great deal better off than if I went anywhere else. But then on the other hand I should not be expected to have any business of my own and as the cases which they take hold of are only those involving millions, I should never have an opportunity of developing myself in speaking or arguing. And I am not willing so

-23-

early in life to settle down without having had a trial of
my own powers in almost every direction. I do not as yet
know what I am capable of doing but if there is any one
thing which I would like to accomplish it is to be able
to talk and speak with a degree of confidence which will
enable me to bring out to the public ear any thoughts and
feelings with clearness, form and elegance. To try small
cases in an inferior court, where I am not so closely watched
by those whom I respect or in whose presence I am awestricken
and dumb, is an advantage which I shall have at Hill's and
one which I can not hope to secure elsewhere.

Well, to proceed. When I returned to the office, I deter-
mined, of course, to have a pretty plain talk with J.K.H. I
made an engagement with him, and after the rest had left the
office, we shut the inside door and the ball was soon set in
motion. I laid before him the proposition as it had been
made to me - told him how desirous I was of getting a settled
position in life - one to which I could set myself as to a
life work and throw all my enthusiasm and energy. That
this was impossible as a clerk; that, whatever satisfaction
I might give him in the latter capacity, he could easily see
that it could be a thousandfold increased, if I felt that it
was my own business which I was in part performing; that
I was restless and impatient, and anxious to secure a per-
manent interest. Of course all this led to remarks from him
of his perfect satisfaction with me, of the prodigious amount
of work I was capable of performing, of the energy with which
I dispatched business, etc.; that he was desirous of obtaining
a partner, that I had been with him only 6 mos., that he had
given me a trial in reference to office practice and thoroughly
satisfied and highly gratified, that of such business I had
had great variety and every thing to which I had turned my
attention I had shown great aptness and had merited and won
great success, that if I succeeded as well in court business
as I had in other lines that he would not have the least
hesitation in saying that I should also have the opportunity
of becoming his partner. I of course spoke of my great
diffidence and inexperience as an extemporaneous speaker and
all that and asked him if this proposed partnership were to
be dependent upon my success in winning cases. He said by no
means - but he could very quickly see from the way I took
hold of cases, whether I could eventually succeed etc.; that
if I did one half as well in court practice as in office
business, I need have no alarm. I asked him if he intended
that I should be an open or a tacit partner and he said she
should have no objection to my becoming an open one. I
asked him if his brother Charly would be an obstacle in the
way, of course not in this blunt manner, and he replied in

-23-

I determined to talk with Prof. Dwight upon the subject. I could not find him in his room but on Saturday morning I succeeded in meeting him before breakfast and walked with him to the Oriental Hotel where by takes his breakfast and there laid the matter before him. He agreed with me, tho' I did not tell him the inclination of my mind till after he had expressed himself, that my best policy was to go to Hill's.

Now in deciding I do not place any reliance on what Hill says about partnership. I have heard before that he had held out hopes to his clerks. I throw this proffered partnership with him entirely out of the question and I also do not believe that the offer from Dudley will ever come again.

But at any rate I determined to stay with Hill, whatever the consequences might be.

I felt a great degree of hesitancy and delicacy, I may truly say, in amouncing my decision on Saturday, yesterday, but I screwed up resolution and Dudley not being in, informed Shearman of my conclusion. He was quite surprised at my decision, as I knew he would be and urged me to re-tract my conclusion, but I think not.

Just before I asked J.K.H. if he was willing to raise my salary, and he asked how much and expressed himself very happy in giving me hereafter what I suggested, $30 a week, a higher salary than any young man in the city gets, I know of a certainty. About 4 weeks ago he raised my salary from $20 to $22 1/2 per week of his own accord, a remarkable exercise of generosity for one by reputation close and hardfisted. He also paid me for the time I spent in the country on vacation.

Perhaps I shall be sorry that I have rejected this great opportunity and one certainly unlooked for and so generally envied, I am sure it would be, if known.

By next May I shall certainly know what to make of Hill and should not be surprised if my arrangements with him would be dashed - through he has treated me with great liberality, I am sure.

Last week I made a present to Kate and Cordelia of a free pass to Dunkirk (the extreme city on the Erie Road) from New York. I applied to Fisk, the Director, for it, whom I became acquainted with in the Erie litigation.

-23-

effect that this should be no obstacle. I asked him when
would be the earliest time at which I could be taken in,
and he said as early as May, probably. He would not say
that it should not be in January but he did not wish me to
press him too hard at that time. So far as clerkship was
concerned, he was willing to pay any salary. He urged me
in his quiet way to cast in my lot with him and he would
make it as much my interest as Mr. Field possibly could.

Of course I was then in possession of the facts or at
least, the offers on both sides, and I returned home with
a heavy heart and in a most miserable state of mind.

Peculiarly the offers I thought about even.

So far as honor and reputation were concerned, there
was an overwhelming argument on Mr. Field's side.

But so far as personal development was concerned, I
could not but think that the weight lay with staying with
Hill.

So far as labor was concerned, it could not be greater
any where than at Hill's.

So far as the intellectual improvement was concerned,
there was, with Mr. Field, a greater chance of becoming a
sound lawyer in certain branches of equity law, while at
Mr. Hill's I must necessarily become acquainted with many
branches - probably not as well with anyone, however, as
at Mr. Fields.

So far as treatment was concerned and the personal
bearing of my superiors, it would be arrogance and over-
bearing at Field's while at Hill's there would be a greater
equality.

At Hill's I should grow as fast as my nature was capable
of developing, from the trying of small cases to the con-
duct of larger ones, while at Field's from the immensity of
issues involved I should be always in the background.

At Mr. Field's I must in reality be for years
an office lawyer and where was there ever to be an opportunity
of becoming any thing else.

While at Mr. Hill's, there would be an unlimited oppor-
tunity of going into court.

So far as I was socially concerned, there was no com-
parison.

- 24 -

1868

Dec. 6

For the last three days I have been again in a most unpleasant state of mind. Last Thursday I was sent for very suddenly by Mr. Shearman and went immediately around to see him. He seemed overwhelmed with business and said there was but one thing to do and that was, take me immediately into partnership, that they could not get along without me and they must have me, that although they had increased the number of their clerks, still they were unable to get along and they must have some one to relieve them from a share of the responsibility, which by a vast accumulation of business had well nigh overwhelmed them, that the new Erie suits, of libel against Tribune and Springfield Republican, against Vanderbilt, Schell and others they were instituting, the actions in the U.S. and State Courts in favor of the Erie Directors, the Newfoundland suits and others that were in the process of commencement, were killing them with labor, that the ordinary work of the office was left at loose ends and that I must return by all means and further that I must decide right off. Shearman said that I would be the greatest fool in the world to reject the offer and that all considerations of policy and interest would and should lead me to accept the offer. I told him I must have time to consider the offer.........

(Long paragraph re conversation with Mr. J.K.H. asking for an interest in firm.)

On Saturday I went to see Mr. Shearman again and told him I wanted a more definite offer. He said my services were indispensable this week and I must give my answer Monday morning. I told him that this was impossible and I must have until Wednesday night at least, that the matter was of great consequence to me and that I must at least give Mr. Hill a fair and honorable notice. He then asked me if I could not give to him my evenings, at least all the time after 4:30 P.M. and added that it would make a great difference in my compensation whether I could come at once. His offer was, at last, although he said he would make none unless I decided to come at once, that if I came on Wednesday he would give 4 per cent in the profits of the firm, excepting participation in the Mariposa profits and some others, for which he was excepted by Mr. D. Field, and that this would include 4 per cent on the $10,000 fees already promised doing the next week from the Erie Co. that if I came afterwards my percentage on this fee would be taken away.

Well here the matter stands, I cannot get any answer from Mr. Hill until Tuesday night, I am afraid, and I shall not therefore get my part of the next weeks profits but after all I am inclined not to go in with Mr. Field though I think I should like very much to be associated with Mr. Shearman, for I think his influence is splendid. He is a man of firm Christian principle and certainly a lawyer of as great promise as any I know of but where is my opportunity of development?

1868

Dec. 6

Sunday

I thought it all over that day and found Prof. Dwight in his room late that night and the result of that conference was to advise me to stay with Mr. Hill, though he seemed very guarded in his remarks, as he is wont to be on all occasions. He holds up the advantages and disadvantages on each side and then leaves one to decide for himself - not a very satisfactory method to the inquirer - especially to me, for I had

On Friday evening I called upon Mr. Hill with a pretty heavy heart and urged him to do something better for me than he had as yet and laid before him the new offer - telling him that I had not solicited this new offer, but that I had been beset with inducements ever since I had had the last conversation with him - that I much preferred his business - its variety and for the fact that there seemed to be a greater opportunity of development in his office than in Mr. Fields. He said he was very much surprised at what I said - but he supposed that we understood each other - I told him then that I thought we did - and that I understood the pith of his last conversation to be, that he would do as well by me as Mr. Field could, that he would give me an interest as early as next May and possibly by January - though he did not wish me to urge him too much at that time - and he said that that was about what he had said - I told him how anxious I was to get along - to secure some permanent position where I could devote my energies and my life and secure at the same time a competency - that I was anxious to obtain a library, etc. He seemed to think that these were commendable in themselves and very laudable and said he could not blame for my desire to succeed, that there were very few lawyers who would not in a moment take Mr. Field's offer - and that it was always possible for Mr. Field to hold superior inducements to his if he was determined to get me - that Mr. Field's business was larger and possibly the largest in New York - and that he did not wish to make offers and then have them overturned - I told him that it was not my object to oscillate between the two parties and play a double game, but I thought that at this time a crisis seemed to have arrived and it was for me at this moment to decide what was to be the course of my life - that I would like some little interest in the business so that I might feel that as my labors proved more valuable they could be appreciated and proportionately rewarded. I asked him to consider the matter as soon as possible and give me his conclusion - that I wanted the matter decided as soon as possible for I was placed in a very unpleasant predicament and was overwhelmed with a sense of the responsibility of deciding once for all.

1868

Dec. 6
Cont.

The next day I talked Chat Tracy - a lawyer who figured extensively in the Rock Island litigation and to whom Prof. Dwight advised me to apply for advice - and he seemed to think that, after all the considerations had been urged by me on each side of the question, that although Mr. Field's offer was an exceedingly brilliant one, yet it was indispensable for a young man to have practice in the smaller courts and that my better course was to have connection with Mr. Hill. He thought himself that it was a great thing to be under the direction of Mr. Shearman, who was a great student and a very rising man - and one of great integrity.

On Saturday I went to see Mr. Shearman again and told him I wanted a more definite offer. He said my services were indispensable this week and I must give my answer Monday morning. I told him that this was impossible and I must have until Wednesday night - at least - that the matter was of great consequence to me - and that I must at least give Mr. Hill a fair and honorable notice. He then asked me if I could not give to him my evenings - at least all the time after 4:30 P.M. - and added that it would make a great difference in my compensation whether I could come at noon. His offer was, at last although he said he could make one unless I decided to come at once, - that if I came on Wednesday he would give 4 per cent in the profits of the firm, except participation in the Mariposa profits and some others, from which he was excepted by Mr. Field - and that this would include 4 per cent on the $10,000 fees already promised during the next week from the Erie Co., that if I came afterwards - my per centage on this fee would be taken away.

Well here the matter stands - I cannot get my answer from Mr. Hill until Tuesday night - I am afraid - and I shall not therefore get my part of the next weeks profits - but after all, I am inclined not to go in with Mr. Field, thought I think I should like very much to be associated with Mr. Shearman, for I think his influence is splendid - he is a man of firm Christian principle and certainly a lawyer of as great promise as any I know of - but where is my opportunity of development? Small cases I can never handle - I could never get an opportunity of trying my own cases - I do so much feel the want of some one who will take me by the hand and lead me. The decision of Mr. Hill I somewhat fear. Although I do not know as I am authorized in saying that I have lost confidence in him, yet I do think that he ought now to promise me some and give me immediately some share in the business - I told him moreover that I did not want to be openly associated with him in practice just now, for it would seriously embarrass me - that all eyes would be directed toward me - and I should not do as well - but I did want, as I could not express, some steady foothold

1868

Dec. 6
Con'd.

somewhere, some place where I was not subject to change -
something more than a clerical situation. He said that
he knew the position I occupied now in his office was one of
great responsibility and one which few could occupy and fill
as well - that he was more than satisfied with my progress
and I was doing as well as any young man could expect - that
he was willing to relieve me of the routine work of the
office as soon as possible and that he had already considered
the advisability of getting a clerk to attend to nothing but
the Registers - that it necessarily consumed a great deal of
my time. I told him that I needed some one to direct my
efforts - that I felt that I could be of a far greater service
if some one would only guide me in my labors - and that I
wished to obtain some greater insight into cases than a mere
acquaintance with the Register - the same knowledge which a
mere bookkeeper could obtain - that I wished to share the con-
fidence of my employers and understand the relation of clients
to the causes of action other than was presented by legal forms.
I do not know what will come of all this - but I hope I may be
advanced in some way or another - I have had a pretty forlorn
three days experience - my life has been perfectly miserable -
and I trust that the gloom which has enveloped me in such a
dense cloud will be dissipated quickly and for ever. I admit
that I do hate to give up the Field offer - for it is very
dazzling but I know now of a certainty that it will never come
again. So far as the 4 per cent is concerned, I feel sure that
it would be made one or two more. I suppose the divisible
profits between the three and those in which Shearman has
participated must be at least $50,000 and that the interest
would be worth to me at least $2,000 a year.

Last night I dined with Mat. Tom Hewitt came up
during the evening. We had a very pleasant time.

Today I attended church at Dr. Hull's. I met Riri
Talbot there-with whom every one thinks I am already affianced.

Thanksgiving I spent at home - our family returned
the week previous bringing Uncle Rasch and Aunt Sarah with them-
I staid over the next day - had a very pleasant time - on
Friday evening following Thanksgiving we were all invited in
company with the Talbots to Mr. Hedgwick's. On Thanksgiving
evening we had a concert in our church - for the purpose of
hearing the new organ - Mrs. Hull went with Riri and I with
Lillie - Kate with Rufus.

Mother seems to have recovered entirely from the weak-
ness of her throat - and is looking very well indeed - Cordelia
too has gained in weight and in fact they are all looking well.
Miss Sand's house has been painted and looks nicely - I made an
arrangement with Mr. Sedgwick by which he was to have 10 per
cent of the total cost for superintending the work - our wood-
house is to be painted also.

1869

Mar.21

Today is Sunday, a quiet beautiful day - our fire is glowing brightly - Hamlin sitting almost on the very hearth reading a novel as usual - the ricketty round table is near him and I at its side with feet on the arm of my own easy chair. My black walnut shelves are on the side of the room near me, between the mantel piece and the window with our collection of varied literature and text books - taking it all in all we are very pleasantly situated. Mother and the girls are boarding very near me - at No.42 and occupy the two rear rooms connected by glass doors on the second floor. Kate is absent today, having taken passage for Bridgeport yesterday, for the purpose among other things of deciding the question when she will be married - in the coming Spring or Fall - my own impression is that the great day will be in June.

I will now endeavor to gather together the facts which it will be hereafter pleasant to remember in respect to my present location and prospects and the steps which have made no impression on these pages since last December.

On the 6th of December last I made a long call on Eugene Pomeroy, who is a relative of Mr. Field's wife. The result of the interview was to confirm me in my previous opinion, that it was better not to accept Mr. Field's offer. We talked over the matter very freely indeed and discoursed upon the traits of the parties at Nos.4 Pine and 44 Wall Street. It seems that Register Fitch endeavored to bring about a partnership between Mr. Hill and Judge Emmott but as Fitch was urgent upon being made one of the firm, the matter was given up. It also appeared that the Judge was not particularly pleased with Cor-verse and Lyman, who perform his attorney business for the consideration of receiving the taxable costs.

I afterwards learned from Mr. Hill, that he had continual applications from parties desiring to form partnerships with him, but it was mostly from persons whose business was not of a greater extent than his own and whose share of the profits according to their ideas, would necessarily eat into what he manages to save from his present business. In other words, they wanted to draw from the proposed firm more than they put in. That as for himself his business was already too large and he felt that he could indefinitely increase it if he wished, the truth of which I entertain no doubt.

Well, after leaving Pomeroy, my mind was, as I have said, very firmly made up to stay and take my chances, although my good opinion of Mr. Hill was considerably shaken by the facts which Pomeroy related, concerning Mr. Hill's sharp practice.

On the 7th Dec. I found that Mat had very kindly presented me with a ticket in the Mercantile Library.

- 24 -

1869
Mar.21
Con'd.

About this time I was so beset by Shearman that my mind was in a very uncomfortable state. As nearly as I can now remember dates, the facts occurred as follows:

At my last interview with Mr. Hill, I earnestly requested him to give me an answer by the following Monday morning. He said he would think the matter over and give me one by Wednesday night he thought. As the matter was very urgent with me and time was of great value at this juncture, I went to him on Tuesday night, the 8th Dec. and found him very pleasant. He asked me how I would like an arrangement on the following basis, same salary as now, - to wit $1,560 a year and 5 per cent on the new business with a guarantee that such percentage would amount to $500. He said it would undoubtedly amount to a larger sum - I of course told him I was pleased with such a proposition in its general features. He expressed a desire that I should attend exclusively to the new business, but it was very clear, I informed him, that such a plan would be impossible - for what ever was on the Diary for a particular day must be attended to in precedence of any thing else.

I was perfectly frank to say to him that his business, its general character I refer to, pleased me far more than Mr. Field's for the one was composed, in great measure of small cases within my power to comprehend and manage - while the other was of the highest kind and required the efforts of the most experienced and acutest mind.

The next day (no, this very night) I talked the matter over, again with Prof. Dwight and we both were of the opinion that perhaps after all it was best to accept of Mr. Field's offer. I have felt from the first a shudder at the thought of being associated with Mr. Hill - for he is a man so thoroughly made up of policy, that I could never be sure that he would abide by his agreement. I should have added, that he said, that all I needed was experience in trying cases. That he remembered the time when A. Vanderpool was considered a very moderate lawyer and it was only his having been in Court for so many years that he had acquired his facility of expression, acquaintance with the practice, and success in the trial of causes. That it was this experience he promised to give me.

To resume: I told Prof. Dwight that Shearman promised to give me an opportunity to argue motions, etc. After this interview I immediately started for Brooklyn and found Mr. Shearman at home and had a very pleasant talk with him, and persuaded him to consent to see Prof. Dwight, as he had before offered to do. So the next evening he was obliged to go up to Mr. Field's and on his return he stopped at the Law School - his interview resulted in giving to the Prof. a decided preference for Mr. Field's office - I saw Prof. Dwight the next morning and I

-25-

1869
Mar. 21
Con'd.

then positively decided to return to the old office in Pine Street. In the afternoon I gave my decision - It was then necessary to see Mr. Hill and see what was the shortest time in which I could leave him honorably - When I saw him that evening, he shut the door of the inner office behind me and fairly entreated me to stay - He inquired whether I was not satisfied with his offer and asked me to speak frankly in relation thereto. I replied that this was a delicate matter, as I had no business of my own - to speak plainly in relation to his; that his offer was not peculiarly as good as Mr. Field's - and that, although as I had told him before, I liked the character of his business better than Mr. Field's, still the financial prospects of the latter's offer were decidely better than his. He then wished me to make his an offer - and said that he knew we could make satisfactory terms. I replied that it was too late for this, and I had asked him the day before whether the offer he then made was as large as he expected to make or could afford to make in any event and that he had told me it was - and that he had tried to make it very liberal - to the latter clause I now replied that it did indeed seem liberal and I was not disposed to complain of it - but that my new offer was more so - I thought. To make the narration of a very long interview very short, I may add that he made promises of almost every kind and endeavored by indirectly depreciating the value of the new partnership with Mr. Field, to cause me to repent my choice.

He was very desirous of knowing for how long a period the partnership was to last - and I told him, of course, it could be terminated at any time at the pleasure of the parties.

He said several times, that he yet expected to see me back in his office.

Mr. Shearman wrote him the next day whether it would not be possible to spare me on Monday morning next - to which he replied that it would seriously interfere with his business and asked that he might retain me until the 19th inst. Saturday night.

During the next week I worked several nights at Mr. Shearman's house.

On the 21st Dec. '68 I returned to the old office. Mr. Ensign, a relative of Mr. Field's from Mass. was managing clerk and Mr. Heisch, Mr. Proctor and Mr. Shafer ordinary clerks - Charley F. Bauerdorf the office boy - he seemed delighted at my return. From the time I entered the office on the 21st Dec. '68 I have not for a moment regretted my choice - and am only too happy at the change that has been made - I am treated with the greatest respect and introduced by Mr. Field as his Junior Partner. My fears that after all I was to be managing clerk merely - though formally a partner, have subsided - and I really am very much rejoiced at the change I have made.

1869 Mar. 21 Con'd.

I tried very hard to get Hill to take Hamlin who was very much dissatisfied with his position in Local & Soren's office as my successor but after a good deal of probing he decided not to do so. I spoke to him then of Tom Hewitt and F. H. Smith and at last he offered the place to the latter, and as soon as he communicated the news to Hose Ely, his employer, the result was that Mr. Ely increased his salary and promised him a partnership - and so it was with two or three others. Mr. Glover - an Amherst man - the former Managing clerk at Emerson, Goodrich & Wheeler's was selected. He does not give very great satisfaction I am informed both by Mr. Buest (?) and John Murphy - one afternoon he came into the office so intoxicated that he was unable to speak - much to the disgust of Mr. Hill - and I should suppose to his own shame.

- 25 -

1868

Dec. 6
Cont'd.

(Long paragraph re pros and cons of changing positions.)

So far as the 4 per cent is concerned I feel sure that it would be made one or two more. I suppose the divisible profits between the three of them in which Shearman has participation must be at least $50,000. & that the interest would be worth to me at least $2,000 a year.

1869

Mar. 21

(A long recital of conferences regarding change of position with Mr. Shearman, Mr. Hill and Prof. Dwight.)

I saw Prof. Dwight the next morning and I then positively decided to return to the old office in Pine Street. In the afternoon, I gave my decision. It was then necessary to see Mr. Hill and see what was the shortest time in which I could leave him honorably.

(A long paragraph re interview with Mr. Hill.)

Mr. Shearman wrote him the next day whether it would not be possible to spare me on Monday morning next, to which he replied that it would seriously interfere with his business and asked that he might retain me until the 19th inst., Saturday night.

During the next week, I worked several nights at Mr. Shearman's house.

On the 21st of Dec. '68, I returned to the old office. Mr. Ensign, a relation of Mr. Field from Mass., was managing clerk and Mr. Heisch, Mr. Proctor and Mr. Shafer ordinary clerks, Charley F. Baherdorf the office boy. He seemed delighted at my return. From the time I entered the office on the 21st of Dec. '68, I have not for a moment regretted my choice and am only too happy at the change that has been made. I am treated with the greatest respect and introduced by Mr. Field as his junior partner. My fears, that after all I was to be managing clerk merely, though formally a partner have subsided, and I really am very much rejoiced at the change I have made.

Mar. 28

I will try to resume my narration, tho' I have really forgotten what has been included in the last entry. I believe I have not spoken as yet of the portion of the profits which is to be each one's share. I was at first offered 4 per cent, though I knew this was only a feeler. When it was found that I was really thinking of coming it was raised to five per cent. The arrangement for the previous year with Shearman had been that he was to receive 5% per cent on the first $40,000 and 15% on the remainder of the profits. I suggested to T.G.S. that 6% per cent would be more satisfactory to me, though I did not insist upon it at all, nor was this suggestion even made to D.F. directly or indirectly. F.G.S. thought I had

- 25 -

1869

Mar. 28
Cont'd.

better not urge it, as it would be an inconvenient figure to
multiply, a very frivolous reason, as I told him, and not entirely
an honest one, as will be shown by the fact that as soon as I was
taken in, T.G.S. made arrangements by which he was to receive
13 (!) per cent, a far more difficult number to multiply, of the
whole profits. D.D.F. and D.F. each receive 41 per cent, T.G.S.
13 per cent and J.W.S. 5 per cent. This is very satisfactory to
me, though I hope it will be increased by another year. The
profits of the office since last May, i.e. up to Jan. were about
$73,000. I expect to make between $2500 and $4500. Think the
chances are that I shall get $2000 at any rate, but do not count
in my own mind on getting over $2500.

(Paragraph re trouble with Fish re amount of fees.)

As T.G.S. is absent therefor so much of the day, he has really
little interest in the general business of the office. And anyone
who knows how careless and negligent he is and how much of a
shirk, can very well see that the whole responsibility of the
office management must necessarily fall upon me. A great many
nights I spend in Brooklyn with T.G.S. and a good many at Mr. Fields.
I get down to the office at about quarter of nine every day and
rarely leave before 6 P.M. Since January, I have been driven to
death, although the fees which have come in have been comparatively
small. My share for January I think was only about $97. and for
February, $167, which is a rate that would not make my years business
up to $2500, by a good deal. I am not at all discouraged, however.
If any one is faithful, I feel that I am the man and hope to be
rewarded in the long run.

(Long account of a small real estate venture.)

(Long account of prosecution of certain Erie conductors who had
been found stealing cash receipts.)

............

Sometime after I arrived from my Dunkirk expedition, I went to
New Haven to "Bones." ......... I had a splendid time at 322.....

July 18

............

My share of the profits for the last 6 months has been
$2,223.68, a pretty good sum for me to earn, I think; of course
the whole firm has earned about $44,473. net. This is much better
than I expected to do.

Mar. 31, 1869
I believe I have never written about my Ohio expedition last March and April. I will do so now very briefly.

At 3:30 March 31 heard from T.G.S. that somebody must go to Cleveland, O. Left the Erie office immediately and returned to office to ask D.D. & D.P. whether it was advisable that I should go - They decided that it was best - so returned on a run to Erie - the way I usually get there - and reported that I could go - at 4:40 obtained my first instructions as to what was to be done - and they very vague - started for my room - called a minute on mother and Cordelia on my way (the latter having just been taken sick with diptheritic symptoms) rushed to my room - grabbed my small valise - met Kate and Louisa Wilnot in the street, bade them goodby. Called again on Mother and wad down at Jersey City Ferry at 6 P.M. and about starting in the express for Cleveland. The next day April 1, travelled all day. Arrived at Cleveland 10 P.M. - put up at Kennard House.

On 2nd, saw Judge Andrews - consulted about papers - telegraphed T.G.S. My business was to get the appointment of a Receiver in Ohio of that portion of the Atlantic and Great Western Railroad which was situated in that state. Backus, the other attorney employed, was absent in Cincinnati.

Dr. Palmer took tea with me at hotel. Spent evening with Ida Stanley. On the 3rd Backus arrived - spent most of day consulting with him and Judge Andrews.

April 4th. Went to church with Ida. Called on Harvey Rice, Esq. at request of D.D. his classmate.

Obtd. 1 package of papers from Atlantic Great Western depot. Walked with it to home of Backus, 285 Euclid Avenue.

5th. Consulting still and waiting impatiently for arrival of papers from New York - Receiver's bond etc.

6th. Impatiently waiting for papers - time mostly spent in telegraphing and consulting with Backus and Andrews. Found Prentiss, of firm of Newell, Denman and Prentiss, on train with bond etc. Joined B & A on other train. All three of us went to Elyria. Got there about 10 P.M. Got a room at hotel. Judge Boynton and Popleton, atty, waiting there by telegraphic appointment. Read papers to Judge. Popleton consented to order appointing Jay Gould and O'Doherty Receivers of Road. Worked until 3 A.M.

1869

Mar. 31

On morning of 7th Judge signed papers leaving to my
to get a suitable bond - had it approved in advance
ing to papers of Backus & Andrews who were opposed to asking
this favor - Returned to Cleveland 8th April - consulting with
B. & A. Telegraphed east for information also to Poppleton to
meet me in morning.

9th April - Poppleton arrived - consent formally signed
by him - Bond in Pennsylvania suit came - Got up complaint
in new suit of Prentiss, plft. - without dinner went to Akron -
County seat - saw Rinehart Co. Clk. - arranged with him to
file papers secretly - promising to let him know by telegram
from New York when he could disclose proceedings. Papers filed
in 1st suit - telegraphed Backus.

10 April - Returned to Cleveland - New papers in 2nd suit
ready - Judge Burke - partner of Backus - accompanied me on
train at 2:30 west as far as Norwalk - little above
took tea at Hotel - caught down train at 7:42, found Judge
Boynton on board - explained to him papers - agreed to sign it -
arranged with conductor to stop a moment longer at Elyria depot -
went with Judge into ticket room - he signed papers there -
approved bond to be sent, left Burke & Judge there - their place
of residence - got on board cars and reached Cleveland at 10 P.M.
a very happy man.

11th April. Accompanied Ida to church - taught a Sunday school class in afternoon. Palmer took tea with me - called with him on sister-in-law - also on Ida.

12th. 2nd bond not yet arrived. Arranged to leave tomorrow.
Expected Boltwood at Hotel - did not come.

13th. Went to Akron - met their Todd Ford. I did not know
he lived there when I was in Akron before - so telegraphed him
to meet me. Immediately filed my papers under same arrangement
with Clk. Dined with Todd who has a very pleasant sister, rode
with him around town. Left at 5:36 P.M. for New York. Arrived
there at 5:40 P.M. on my way up town went to see mother and girls -
all well. After dinner went to see Dudley & D.D. who seemed both
well pleased with my success.

If I remember rightly I received for my services from Erie
Road $750, which went into the firm of course.

I believe that this last hasty and long entry is the only
one which troubled me so long - I have so dreaded getting about
writing it and now that it is done - I am very sure it will not
be much of a satisfaction for me even to read it. In two weeks
from the present time, it is not at all likely that I will be
able to decipher the writing, even granting I should have the
patience to try it.

1869

November

I have little inclination to here record the great trouble through which F. &. S. as a firm has experienced of late. We have come very near smashing up. The real cause is jealousy on part of Dudley and Shearman and a mutual contempt of the other on the part of each and a desire of T.G.S. to increase the amount of his share in the Firm - Shearman thought he was making all the money for the firm and that on his account only Fisk & Gould kept in with us, for they were both disgusted with D.D.'s charges. This subject naturally brings up in my mind the whole history of the Great Gold Speculation of Sept. 24th, but as I shall never forget this, this statement will suffice I trust to keep the matter in my remembrance. Shearman had a semi-offer from the Erie Co. to receive $25,000 per year and this seemed so tempting to him that he spoke to D.D.F. about the advisability of temporarily leaving. The advantage he claimed in so doing would be, that he would be thus enabled to send all the suits to the office he wished and if the arrangement did not go through, he was afraid we should lose the business altogether. It was therefore for our mutual benefit. This was immediately construed into a desire to leave on the part of Shearman, so that the only question D.D. said that arose, was, when he should separate. I saw how the matter was drifting and night after night I went up to talk to T.G.S. endeavoring to convince him that he was misunderstood and begged him to disclaim any such idea as that of leaving whenever things looked prosperously for him and then hope to return to the Firm when things went against him; for this last was the view that D.D. & D.F. took of the matter. I talked to D.D. & D.F. about the matter and endeavored to heal the matter. D.D. called me in one day to his room and broke the news to me (this was at the outset of the difficulty) and explained the matter as he had looked at it. I tried to explain the matter as I understood it. Then Dudley came in and after hearing his statements (Dudley was really glad in my opinion of an opportunity to ship Shearman) I asked how the matter affected me. Both spoke up at once and said they of course should be very glad and anxious that I should stay with them. Well to make the matter short, numerous interviews were had between all of us, separately and together.

The last interview together was one morning by appointment. D.D. said that there seemed to be some misunderstanding between Dudley & T.G.S. and he hoped they could now explain the matters. D.F. said he thought that Shearman had not treated him exactly right - that he had been a partner many years and he thought he ought to be consulted more freely than he has been and ought not to be entirely ignored - and cited the writing of an opinion by Shearman in report to Berdell signing certain bonds which he had omitted to do while President of the Erie Road - Shearman explained the matter in his way - After a long discussion not very friendly on the part of Dudley and not very conciliating on the part of Shearman, D.D. said that as I was the youngest he wished I would give my opinion as to what would be the best course under

- 26 -

1869 all the circumstances, to which I replied "I think that our
November best course is to keep together and retain the Erie business
Cont'd. and if we can't retain the Erie Business still to keep together
as are" - the matter went on to be discussed and we finally
broke up. I got Shearman to see D.D. that night and the next
morning D.D. told me that he had seen Shearman the night be-
fore and that Shearman had virtually retracted many things
he had said at the first interview and that hereafter we should
go on as before. That the same division of profits would hold
till 1st of Jan. and then we should have a new deal.

The matter cost me a good deal of anxiety at the time,
but I think the matter is now settled.

The great Erie War has again been opened. Eaton & Garler
have opened the batteries - getting an order of suspension of
Fisk & Gould and few others from Judge ? of Twelth Dist.
We immediately got an order of stay from Balcom J. I am work-
ing night and day again. In the Gold excitement I sat up
for 3 days and 3 nights writing continuously with but 1 1/2
hrs. sleep the last night on the floor of the Erie office and
it look very much as if the same amount of toil was to be again
undergone - this week.

1870
Jan. 9

On the 23d day of Dec. 1869, I was asked by D.D.F. to come into his room - and as soon as I had entered he opened the subject of terms of our partnership for the ensuing year. D.F. & T.G.S. were present. The latter had not been down to the office for some time.

I should here state that about a week preceding we had all been together, with the exception of Dudley, who, having had an engagement uptown at 4 P.M., could not wait longer than that time for the arrival of T.G.S. from the Erie office, although the latter had agreed to be present at 3 P.M. punctually but he behindhand as usual. At that time T.G.S. said in effect, that he had been thinking of the subject a good deal since our last conference in the Fall, that he considered himself equal to any lawyer of his age in the city, that he had greater facility than most persons in quickly following rules of established practice & was more ingenious in devising new practice in times of emergency and on new questions as they arose, that he had devoted all his time in the conduct of the business of the Firm and had bought into it $28,000 which otherwise not have been received, that he had kept a great deal of business, which on account of difficulty between his senior associates and their clients, would have taken from us and by his ingenious theories, suddenly evolved, had succeeded in inventing plans of quite a number of legal campaigns, which had been successfully carried out and among them was the commencement of the Gold panic litigation, in which our injunctions had succeeded in saving the pecuniary credit of our clients, that he had, besides earning this $28,000, materially assisted in the general conduct of our litigation which was represented by no separate fees on his account. That, as he had received only 3 per cent for the last year, he thought, in view of the large amounts he had brought in, that he should have 28% of the profits. D.D. did not say much to all, but it was very apparent to me that such a demand could not for a moment meet with the approval of D.D. much less of D.F. The whole matter was adjourned at this time - D.D. saying that we could come to no definite arrangement in the absence of D.F.

At our next interview D.F. was present. D.D.F. then said, that inasmuch as I was the youngest, he should like to know how much I wished for the ensuing year. I said that I had hardly given the matter a moment's consideration so far as I was concerned - to which D.D.F. put the question whether I could not let him know in the morning or at our next meeting, to which I assented. T.G.S. however interposed and said that as Sterling was too modest to mention any sum he thought I ought to have 7 per cent. T.G.S. then went on with his story and there followed the expression of a good deal of ill feeling on D.F.'s part in respect to T.G.S., who had not treated him with deference which was due him as a senior partner, etc. I thought there was danger of an open rupture and was very much alarmed internally

- 26 -

1870 at the course things were taken. T.G.S. thought that these matters were talked over in the Fall and that a satisfactory explanation had then been made - that he always had attempted and tried to treat him with all proper respect and deference. D.F. cited even such trivial cases as this - That, even for himself, he had never come into the office in the morning without greeting every one in the office with a "Good morning" but T.G.S. whenever he had thought proper to come to the office at all, never thought of going into his room and speaking to him at all. D.D.F. thought that D.F. was too sensitive on the hand and T.G.S. not quite business like and too thoughtless on the other, that he had hoped their little difficulties could be amicably settled, etc. D.F. thought that T.G.S.'s demand for 28% was very like the case of a person who had been employed by A.G. Stewart, a great number of years and at last advanced to a share in the partnership, suddenly demanding from his partner, who had built up the business and spent the larger part of a lifetime in obtaining, an equal share. - That it was ungenerous and the result of conceit. That T.G.S. never had brought but one client to the office and he had brought the office into debt for disbursements. In giving this history I am wrong, I think, in calling this the second interview. It was the third - as I now remember and occurred on the 24th Dec. I will go back in time therefore and say that the second, D.F. was absent, and D.D.F. commenced by asking me if I had made up my mind - I replied - that I should like to receive for the ensuing year eight per cent. The conversation was then between D.D.F. & T.G.S. the result of which was the share of the latter in D.D.'s opinion, should be 20%. In the course of his remarks he said that my wishes were certainly not unreasonable and he had thought that I should have 10% - which considering the way in which it was said, the source from which it came and the fact that I had committed myself in mentioning 8% was certainly very gratifying. I will not go on with the 3rd interviews. T.G.S. then proceeded to show his vanity in the following way - He proposed a compromise in this way - that he and I together should receive 33 1/%. That on the books he should get 25% of this and I, the balance of 8 1/2 - that he would make up the difference between 8 1/3 and 10% to me, either by paying me so much in purchasing this interest at the outset or settle with me monthly - as I preferred - that by this arrangement he would be enable to say to his friends - "There are four partners and I get 1/4" - this was, of course, very weak and childish and was so made to appear. The whole matter was deferred till after Christmas when it was to be decided in some way or another. - I of course rushed home in a very happy frame of mind. This last plan was proposed to me by T.G.S. at his home the night before and I then told him, that I thought it was foolish but so far as I was concerned, it made no difference whether I appeared on the books to get .05, .08 or .10 - all I,

- 27 -

1869

Mar. 31

(Follows detailed accounts of trips home to Stratford and to Pittsburgh and Ohio on Erie RR business.)

Nov.

(Long paragraph regarding trouble between T.G.S. and the Fields re Erie business.)

The great Erie War has again been opened. Eaton and Gailer have opened the batteries, getting an order of suspension of Fink and Gould and a few others from Judge Manning, of Twelth District. We immediately got an order of stay from Balcom, J. I am working night and day again. In the Gold excitement, I sat up for three days and three nights, writing continuously with but 1 1/2 hrs. sleep the last night, on the floor of the Erie office, and it looks very much as if the same amount of toil was to be again undergone this week.

1870

Jan. 9th

(Long paragraphs re conferences as to continuance of firm and division of profits.)

May 29th

I have filled my Journal with enough about Shearman, but I could tell a great deal that has transpired since if I were only inclined to undergo the labor of writing in this dead book. I don't know why it is that I write in this, even at such long intervals. It don't give me any satisfaction while I write and I never look back to see what has been written. Nor do I relish the idea of scribbling for the benefit of those who will seize upon this fragmentary history of my life after I am gone. It is, after all, the dislike of giving up what I have so long been in the habit of doing, more or less (the latter principally for the past few years). I will now give a few more landmarks and dismiss the matter for some time to come.

I am now living at 316 West 22nd St. just beyond 8th Ave., with Mr. James Bard, occupy the 3rd story back room. Shearman has nearly wholey 2nd floor. This is the nicest boarding place I was ever in, hardly seems like boarding. Breakfast 6:45, dinner left for me till I get home, however late it may be.

I have now full set of N.Y.St. Reports: + bought the balance, about $600, worth, at wholesale, about 2 weeks ago, 4 large cases full.

Aug. 7

(Long account of social life during hot summer.)

28

(Several paragraphs of recital of social and family events chiefly.)

Sep. 11

(Paragraph re trip home re highway through Stratford.)

Oct. 2

(Account of death of Charly Booth, a friend of the family.)

1870

Aug. 7

We have passed through the warmest of all summers. In my old room in 9th Street, I do not know how I could have survived. By eyes have been weak through all this warm weather and I therefore, to my daily chagrin, have been obliged to forego the pleasure of reading evenings especially during the last month. After dinner I have generally sat upon the stoop and smoked, finding very congenial company in Mr. Reed, who occupies the room immediately in front of mine. His wife is a very pleasant body - more quiet in her ways than Mrs. Shearman and with all far more clever and sprightly. Mrs. Bard is generally with us. She has little to say but what she does is sensible and old-fashioned. Mr. Bard generally occupies a hassock on one of the lower steps and at about 9 P.M. goes after his evening drink of Vichy. One night Mrs. Shearman kindly invited me to accompany herself and two sisters and Mrs. Bard to Central Park. We had a large carriage and had a most delightful ride. We just escaped a most terrific thunder shower. It was the first one I believe I really enjoyed. We could command a view of the whole heavens - no thunder but the most beautiful lightning. I took them to an ice cream saloon on our return.

For many years it had afforded me very great pleasure to see Riri Talbot. Always when I went home to spend a Sunday, I was accustomed to visit her house. It was a pleasant relief to be able to converse with such an innocent family. It was no effort to talk to them and they were always pretty as well as attentive listeners. Lilly has been so much wrapped up in Mrs. Hale's baby, that indeed she could talk of nothing else and of course babies are not a very pleasant subject with me. I always dislike to touch them - it is hypocritical to compliment their parents as to their beauty and cunningness. Supreme disgusting to hear them cry and generally uncomfortable to be in their presence. Riri was very pretty, always had a plenty, indeed all there was, of gossip to narrate, sympathetic and in my worn out condition, a very pleasant body to be in company with. Every Sunday night I was there and Saturday night too. There was no constraint - everything was free and sociable. On two or three occasions I took walks with her and I am informed by those at home that when I was absent, I was her perpetual theme. For a long time I had known by observation that the family were very much interested in me and I fancied would like exceedingly to make up a match. But so far I have not been ready for any such adventure. It has often been reported that we were engaged. I felt sorry on her account whenever I heard it, for I think such rumors are always unfortunate for the lady, if indeed they may not be detrimental in some degree at least, to the gentleman, especially when the rumored engagement proved to be mythical. Aunt Lizzie had shown herself particularly interested in her and was constantly joking me about the "corner house".

- 2 -

1870

Aug. 7 One night she playfully said after I had been renouncing all ideas of getting married for sometime at least to come, that there were some places that a person had better go oftener or less often. This was intended by her as an exhortation to make more frequent visits upon Riri and an admission that she had become somewhat interested in me. I told this to those at home to whom I had been accustomed to talk over all these matters. I think that they had had, not so much then perhaps as shortly before, some little fear lest I should become more interested there than they could wish - and it was agreed that for the sake of Riri, Kate should confer with Mr. Talbot as to the matter and take occasion to say that there was no intention on my part, &c - pity that it should not be so understood and all such things as were calculated to disabuse their minds of anything serious on my part. This conversation was had, Mrs. Talbot saying that she had often noticed that I had never paid Riri any more attention than I had the others and acquitted me, &c. &c. She also undertook to speak to Riri and another conference was agreed upon after Riri had been seen. This took place. Mrs. T. did not then seem as frank - disclaimed any interest other than that of a friend on Riri's part and plainly showed to Kate that a feeling of great disappointment had come over the dreams of the older heads of the family. This conversation was supposed to be unknown to me and also to Riri but I am convinced pretty well that she has been clever enough to know that her mother's views are those of our family. Since that time my visits have been nearly as frequent when I have been in Stratford although those to Stratford have been less frequent. This all took place in this Winter. For some time after that she did not come to our house as frequently - she had always been a great admirer of Cordelia's - but seemed to act in a constrained manner. I don't think I saw her after that for five or six weeks. She was then in New York. She did not send me her card as usual when she came down for her winter visit. By the way, it had been suggested by her mother that she should go to New York and mix a little in society and get a change of ideas, for this would have a beneficial effect in dispelling all the ? &c., &c. After she had been here three or four weeks (here and in Brooklyn) I called upon her at her hostess' in 11th Street. I noticed at once a change - she no longer was talkative but quite cool and dignified. Indeed I was not more surprised at her dignity than I was at her foolish &c. character. I was just the same as ever - knew that she would not appear quite easy and had determined that I would treat her as usual. Before this Charley Booth had been to my room - joked' or tried to, me upon my engagement and after quite a little conversation upon the Talbot family, the topic was exhausted by his saying 'Well John I did not think there was much truth in what I heard, for I knew you too well to believe that you were going to get married right away.' I still proclaim my bachelor habits and intentions. I did not see "Daddy" Talbot for some time but I

- 3 -

1870

Aug. 7. noticed too that he was not as fond of giving me his paternal advice about working hard &c as he had been accustomed to do. While Riri was here Charley took her out to operas &c several times. The spring passed by: - as I said I went to Stratford seldom. In the early part of the summer Charley began coming up. Cordelia, who pumps all the information that Riri's mind contains, however much she desires to retain it, wrote me from time to time that he had come up in the express from New York, took tea at Mrs. Walker's and had a Bridgeport carriage meet him at John Fairchild's corner at 10 to take him to Bridgeport boat. These visits have been weekly until about a month ago since which time they have been more frequent. My last letter from home informs me that Riri still assures Cordelia that nothing personal had been said by Charley. I have tried the last few times I have been home to get a personal interview with him but have not succeeded. When I do, I will about half promise myself to record it here.

Mr. D.D.F. about the first week in June went to Rochester to argue the A & Sus. appeal but the other side succeeded in getting it off. Dudley and wife and Miss Jeannie Field started a little later and joining him there went as far as Niagara. D.D.F. and daughter thence proceeded to San Francisco where she was married. He made a trip to Van Couvour Island where General Musgrave is stationed &c &c - returned the last part of July. He was here the larger part of last week.

Dudley was taken seriously and very dangerously ill last part of June and has not been to the office more than five times. I have been obliged to run the office along all summer and to go to Hastings about every night out of three to see how D.F. was.

D.D. very kindly insisted upon coming to the office the day of Commencement for the express purpose of letting me off. I started at 11:30 A.M., spent the day in Stratford, went to New Haven in the evening. R.T.A. - Came down in the Owl train at 2:30 A.M. Friday morning.

D.D. asked me a bout my vacation when I should take it &c. I saw very plainly that there was not much chance for me especially as T.G.S. was all exhausted and said that I thought the others had better take all they wanted and if there was any time left I would go. I feel quite confident there will not be.

As it is now D.F. in on a fishing excursion with his four-in-hand and seven in the party at Greenwood Lake - T.G.S. in North Granville & D.D.F. in Stockbridge. I have to stop

- 4 -

1870

Aug. 7. at the Erie office every morning and look after all the office business besides. I think I have enough to do!

I have persuaded T.G.S. to buy himself a horse and buggy and have engaged one of Dudley's farm horses - white - bought by Birch - for him at the original purchase price $240. D.F. thinks he is worth $400.

I like the house where I am staying better than any other than my own home - nicest people - nicest meals - not like a boarding house - everything clean and inviting - we live like fighting cocks.

Aug. 28

Last week has been quite a trying week. I was left all alone here to cope in diplomacy with Gould, who insisted upon my signing a consent to certain findings of fact in Erie Vs. Vanderbilt - which I have declined to do. My course has been approved by all the partners. D.F. though within a few miles, declined to see Gould, for he said if he should talk with him, he should get into a fight and then the responsibility of losing the Erie business would be upon him, so he wrote me to that effect and seemed quite pleased with the success which has crowned my policy - so does D.D.F. They have written me every day and I have of course been obliged to write them long letters. They still remain in their respective summer residences. Last week I spent two nights with D.F. He certainly has a beautiful place. He is now engaged in cutting a vista through his trees up the river - also a narrow path around the river bank. His boat house is finished and is very tasty. He rowed me across the river the other night. He seems to have fully recovered and is able, though not anxious I imagine, to work at law. I wish some of them would return else we shall starve for want of money. D.D.F. continues to draw on me for money. I am already out of pocket about $5,500.

Last Sunday Bloss came to see me. I was very much entertained by his reading aloud to me.

Rufus and Kate has just returned from a trip to Niagara Falls and Marcellus. I furnished the passes. They were absent about a week and a half.

Jim Mitchell has rented his house to the Hollisters of Bridgeport and has betaken himself to Bethlehem among the outlying ranges of the White Mountains.

Madam Hatilda Heron Stoepel has troubled me a good deal lately by calling at the office.

1870

Oct. 2

Two weeks since Charley Booth died - his sickness was sudden and short-lived. For a day or two previous to Sunday he had complained of toothache and on that day he insisted upon the dentist extracting it. Miss Alida went to church - upon her return his face was very much swollen. Noon physicians were summoned. He soon became flighty - was told he must die and replied it was not a very cheerful subject. Dr. Robert Booth prayed with him and he seemed quieter. He, at his father's request, sent messages to his sisters Lizzie and Mary across the water, to bring home whom he had expected to set sail on the following Wednesday. Early Sunday evening he died of malignant pustule. Monday morning I received a note from Mr. Kelsey in Otis' store acquainting me with this sad intelligence. I called upon the family - saw only Mrs. Dr. Robert Booth and his father. I attended the funeral on Wednesday morning but could not go to Stratford, where there was a funeral from the church. As I was coming out of the house on Tuesday evening about 6 1/2 P.M., whom should I meet but Riri and her mother, the former dressed in deep mourning. I shook hands with both of them. Kate has since written me that they became engaged about two weeks before his death.

This sudden death has I think given Mother and the girls a startle, fearing lest I have been too much confined this summer.

1870

Dec.18

To my great surprise Mr. D.D.F. insisted at last upon my taking a vacation. I objected that the Fall courts had opened but he assured me that he would do for me my part of the work and that I must spend a week or ten days. About the 21st of October I started for Albany to settle an order in the Thompson suit - was obliged to wait about the Chambers of Judge Learned all day on account of his absence - became acquainted with a Mr. Goodell in his office and about dusk we took a row upon the Hudson. In the evening the Judge returned and settled my order. I at once returned to New York, it being too late to reach Stratford that night (Saty.) as I had intended. On the following Monday however I arrived at home. Cordelia was in Marcellus. I did not let her know I was going to have my vacation, fearing that she might shorten her visit and return at once. I walked over to see Miss Perry in Black Rock - went down once or twice to the Talbot's, perhaps more - not however as frequently as I formerly did.

The turnpike was just about being completed. Mr. Edwards who is the person employed by the Commissioners has shown himself very courteous throughout. The turnpike, in itself considered, has been very well made, but there is not sufficient grade to carry off the water I think. No sooner had Edwards departed with his teams and men, than having failed to secure the labor of Edwards for one extra day although he promised to come a day later in the fall, I secured the labor of Frederic Beardsley, Ned ?, Ed Smith, Billy and two other men and commenced taking down the bank in front of our house rounding out the ditch and grading in front of the church. The labor was difficult as no one seemed to know how it ought to be done. Fred Beardsley would not take upon himself the least responsibility in executing my plans although I fully explained to him my ideas. Every turf that was thrown up I must tell him where to place. He would not plough more than a half a furrough before he would ask me if he should continue. Of course I must direct him where to make the next. So also with the scraper. This labor occupied me fully a week - out of doors all the time. The narrow road which formerly was close to our walk I have ploughed up altogether and have the corner 30 feet at least to the northeast of the old one. My inclination was to have the S. & W. road lead between the trees in the center of the street. But since my departure, the Selectmen have cut them down. They cut the most northerly one down while was there, but I made such a fuss about it that Charley Curtis promised me that he would do nothing further about cutting any of them. I certainly think I was very active while there with my tongue and hands. Most everyone - in fact everyone - expresses himself delighted with the improvements we have made, not only on our own front, but that of the church. All the little stones were

- 2 -

1870

Dec.18

raked off and carted down into the big meadow. The lawn has
been sown with grass. Rather doubtful whether it comes up
I suppose, but the trial was worth making. Brush has been thrown
over the surface to prevent travellers and carriages from going
upon it. My vacation of two weeks to which length it was ex-
tended by Mr. D.D.F.'s xxx kindness was very pleasantly spent.
I had long talks with the Coors. - Lord, of Bridgeport, Morehouse
of Norwalk and Kealer from Danbury. They expressed themselves
entirely satisfied with my work and promised not to disturb it.

It is wonderful how hypocritical Riri's mourning is. Her face wears once in a while a studied soberness. Otherwise she is the same as ever. Her mourning dress &c are a mockery. She has been out in the street just as much as formerly. Lately however she has been in the house a little more on account of the public talk, as we suspect. Thanksgiving day I spent at home as usual. Bloss came over in the morning from Bridgeport and returned there at noon. We hired one of the John Hard's horses and rode around about an hour or so. I then allowed Rufus and Kate to drive. They went over the new road almost to Bridgeport.

Since my return I have attended two dinner parties and 1 wedding. The first at D.D.F.'s when I was to have met a "charming young lady from Cincinnati." But unfortunately when I arrived, she had gone, having been called away by her brother who had suddenly arrived.

The next was at D.F.'s last evening. I met there Frederick Talmadge and wife and son. Edward Curtis (son of Cyrus) Miss Minnie Erving, whom I met last summer at Hastings, and Miss Grace Field. We had a very pleasant time.

The wedding was that of Henry Sterling at Astoria.
at the house of Mr. C. Burr. I was second groomsman, Dave being
first and Alling Hawley being the third. My young lady was a
Miss Graham, who was considered the prettiest young lady in the
room. Everything passed off in a very pleasant way - something
indeed quite brilliant for a country wedding. The presents were
very handsome.

The most unplesaant thing connected with the fall and
winter thus far has been the violent attacks upon our firm,
especially upon D.D.F. and T.G.S. by the N.Y.Times. The object
of it is to frighten us off from defending Fisk and Gould.

We have been quite busy in the Ranny cases. No new
business has come into the office of any amount. This is the
general complaint. Almost all the lawyers are of course jealous
of our apparent prosperity. They little know how small our

- 28 -

1870
Oct. 2nd
Cont'd.

J.O.Bloss is coming to this house to board tomorrow night.
He will room with Charlie Bard, upstairs.

I did not go to Stratford yesterday, to be there
to vote tomorrow. All our Courts will open then and we shall
be very busy. This last week and the one previous we have
been very busy in preparing for the General Term. We
had 34 out of the 90 cases on that Calendar. Mr.D.D.F.
occupied the General Term for three days. The argument was
upon the Ranney & Gold litigation. Some of the appeals
were decided in our favor on the spot. I think we shall
win them all.

Dec. 18

To my great surprise, Mr.D.D.F. insisted at last upon my
taking a vacation. (Follows a long account of his vacation
at Stratford and work done around the garden, roads, etc.)
The most unpleasant thing connected with the Fall and
Winter thus far have been the most violent attacks upon our
firm, especially upon D.D.F. and T.G.S., by the N.Y.Times. The
object of it is to frighten us off from defending Fisk & Gould.
We have been quite busy in the Ranney cases. No new business
has come into the office of any amount. This is the general
complaint. Think all the lawyers are, of course, jealous of
our apparent prosperity. They little know how small the
pecuniary success is. I very much fear lest I shall make this
year less than last, with my percentage double what it then
was. So far as I am concerned, I am driven day and night.
Dudley & Shearman do the least work, but the latter a good deal
more than Dudley. The Gold suit ($2,500,000.) in the U.S.
Court troubles us also a good deal. Evarts is pressing it
with all his power, and we are trying to postpone it beyond
this Term.

1871
Oct. 1

(8 1/2 pages devoted to an account of a vacation in the
Catskills)

Nov. 25

(account of grading and filling work done at Stratford)
(paragraph re purchase of Mitchell Place at Stratford)

Since writing, we have had great times in the office about
accepting a Retainer from the Ring. I have been in great favor
of doing so from the outset, on the ground that after being so
much abused in the newspapers about the Erie matters, we should
be believed to have been driven off from fear of cowardice, &c.
thereby stand self-convicted of concealing frauds in the Erie
management; and again because Tweed and his party stood in
need of a strong defence, & lastly because we should be
liberally paid. Dudley's wife wouldn't let him accept it. He
said his life would be made miserable if he did and he couldn't
afford to suffer more in this direction than he had already.
As I rode from him the other Sunday from the vicinity of Judge
Ingraham's house, where I had taken Wm.A.Beach & E.W.Stevenson
to meet him; all three to see the Judge in reference to suppressing
sing from inspection certain affidavits secured in the Stokes
matter a. Fisk, which were scandalous & affected the reputation
of Peter B. Sweeny & Marshall B. Champlain & were calculated
to turn the scale of the Democratic election. Dudley told me

- 29 -

1871

Nov.25

that he thought best for us all to dissolve - he would sell out & go to Europe to live as T.G.S. I could unite & carry on the Ring business; that it would only hasten matters, as T.G.S. I. would eventually go together, &c. D.D.F. had held himself out as neutral for more than 2 yrs, waiting to be retained on the People's side, but no such retainer came, although he had voluntarily undertaken some work to help Judge Barrett & was promised by him a retainer. But the Judge saw afterwards that he couldn't control the Com of 70, which were managed by Jackson Scultz in the interest of Francis C. Barlow. So there we stood, liable to be left out in the cold unless we accepted the Tweed Retainer. I wrote D.D.F. who was in the country & kept him excited upon the subject, had conversations with Elihu Root, who was atty for Ingersoll. Got D.D.F. to come down. T.G.S. had no scruples on his own account, but Beecher had said that he preferred he should not go on the Tweed side, & that was enough to decide him. D.F. threatened to leave the partnership. Finally, it was agreed that D.D.F. should have a consultation with Ingersoll if he found he had an honest defense, we should undertake the cause. The interview was held - all satisfactory, to Dudley's astonishment. Yet he then refused to go on. Shearman at last came into line D.D.F. then had warm & long debates with Mrs.D.F. who came twice to the office from Hastings for that purpose. Judge Field was sent for. He rather favored taking the retainer. Cyrus was crazy that we should not & tried in every way to get us retained by the Com of 70. Finally D.F. & wife said they would be satisfied if they were out of the country, not expecting that they would be taken up on that proposition, but they afterwards were. Everything was ready for them to sail. D.F. was to represent the Alabama claims at Geneva. But before he was to sail, however, Geo.Osgood declined to give his consent, although Cyrus Curtis, the other Receiver of the Col.Insce.Co. was willing. So this plan failed, & Dudley finally said he would stay! The Retainer was accepted from Ingersoll & Tweed. There was a host of counsel engaged, because we failed to accept at first. Among others, E.W. Strytelin Judge Fullerton, John Graham, John E. Burrill, Bartlett, &c. &c. When the moral question was raised, I went to see W.A. Booth, who told me he saw no propriety or immorality in our accepting Tweed retainer - it might make us a little unpopular. This had considerable weight with D.D.F. & T.G.S., & to the latter's mind seemed to be something of an offset to Mr. Beecher's preference. When T.G.S. finally asked Mr. Beecher if he would take the responsibility of his hot helping Tweed, Beecher refused to do it & finally Shearman was (unfinished)

1872

Mar. 3

During the week which commenced Sept. 27th I think I went to my bed not more than twice. I was up literally day and night preparing the papers with T.G.S. in the Erie Railway building. My occasion for reviving my memory on this point was the fact that I had been subpoenaed to attend before the Judiciary Com of the Assembly, sitting at the N.Y. Hotel, upon the charges presented against Cardozo, among others. Week before last, I was examined for two hours by J. A. Parsons, who was prompted by Stickney. I was disgusted with the manner of questions asked. No rules of evidence were observed, but I was constantly inquired of what I thought the motives or opinions of others were, &c. &c. I had no difficulty

1872

- 30 -

Mar. 3

in answering these questions, because they were applicable to
Mr. Shearman, whom the Bar Association did not care to call. Judge
Fullerton & Mr. Owen were counsel for Cardozo. John VanCott sat by
in dignified silence, at the elbow of Parsons. Stickney was
running in and out, giving directions as to the service of subpoen-
has and generally performing the business of a sneak. D.D.F. was
very much exercised about the testimony Dudley had given, for in
some respects he had testified very loosely. Shearman was at
last subpoenaed and his examination lasted for more than five hours.

(Long paragraphs about dispute among partners as to
their respective shares of earnings.)

On New Year's Day, I made about 25 calls. They are all marked
in my address book.

Mar. 7

The great legal event since Jan. has been my trial of the
assault & battery case of Bishop W. Wright in the Marine Court,
wherein I got a verdict for $500, all I asked for. Charley Spencer
was opposed to me? The case had been once before tried by Mr. Louie
and no verdict agreed upon. I have postponed this case from month
to month for almost two years, fearing to try it against Charley
Spencer, # but at last I got my courage up to the sticking point.
The last 4 minutes of my speech I had committed to memory. The
only other case I ever tried was Jarvis W. Reis, where I appeared
for the defendant and got a verdict against the ptff. This was
when I was in Mr. Hill's office.

Somebody has been here trying to serve me with a subpoena to
attend before the Judiciary Com. at the Fifth Ave., but I did not
see him and the paper was therefore left.

D.D.F. has just presented me with the first volume of his
International Code, which has just come from the press.

Mar. 9

I went before the Judiciary Com. at 11 A.M., and my examina-
tion was not completed until 2:45. It was in the charges against
Barnard.

(Follows a long entry in Mr. Bloss' handwriting about several
personal matters.)

Mr. Sedgwick called in the evening and laid before me his
plan for having a celebration upon the Academy hill upon the
4th of July, to commemorate the closing of his 25th year in the
Stratford Academy. He told me he expected a few remarks from me
on that occasion. (This entry in JOB's hdwrg.)

The next day, 4th of July, was excessively warm. A tent was
standing on the Academy Hill. Provisions were in great profusion.
All the scholars from near and far were assembled. A rain and
thunder storm threatened and many people were driven away. After a
few introductory speeches I was called upon & the people seemed
to be electrified at my words. It was certainly an appreciative
audience. The speeches have since been printed and mine has elicited
warm praise. Of course my family have been very much delighted.

["1872", "Oct. 25", "- 31 -", "Mr. & Mrs. TGS. are both crazy to go to housekeeping. I have said all I could against it and am now trying to induce Mr. Barr to take a house farther east and keep us all as boarders. Mr. Bloss and I have made up our minds not to travel so far west after May, for we both desire more facilities in reference to society, evenings. I am so impatient about Mr. S.'s idea of housekeeping in Brooklyn that I can hardly talk about it. The result will be if he goes there, that he will bury himself there forever. It will be serious so far as his influence extends, to our business, as he cannot be reached evenings. Our business is such that it requires the most immediate and sudden attention and if those who are capable of conducting especial business required cannot readily be found, the clients will go elsewhere. I do not think they are as strongly bent upon this insane project as they were, but how the matter will eventuate, I can't tell.", "Dec. 25", "Christmas, I again went home. T.G.S. gave me a package and letter to give to Cordie. When she opened it, it was a request to hand the package to me. It contained two most beautiful studs, diamond, as his present to me. This was of course to compensate me for looking after his affairs when in Europe. He had offered me $500 and odd in cash, upon his return, which I refused. I was of course delighted with them though I hardly like to receive them. He certainly thinks a great deal of me and his affection is more than reciprocated.", "1873", "On the 18th of January, at the invitation of Mr. Reed, I went with J.O.B. to see \"Sam\" at Wallacks. The great character is Sthern. . . . . . . . . . . . . . . .

- 32 -

1873

April ....... Went to Lent's Circus at 26th Street - the first circus I ever attended.

May 4 .......Bloss and I are busy house hunting. Shearman has hired a house in Brooklyn Heights (176 Columbia). (JWS and Mr. Bloss moved somewhere very soon to the great regret of Mr. and Mrs. Bazz, but the diary does not say where they moved to.)

May 11 .......Mrs. Dudley Field presented me with a seal and watch key to be attached to my chain, two beautiful ornaments, as a mark of Mrs. Belden's appreciation of me. She gave them in her own name and added Mrs. Talmadge. (Mrs. Belden was the mother of Mrs. Dudley Field and Mrs. Talmadge. She died on April 3rd, 1873).

........................

18 .......I am worth, all told, about $85,000.

30 .......Mr. D.F. opened on me about the partnership; that T.G.S. wanted to go abroad for two years after D.D.F. returned - outrageous - he wouldn't stand it - didn't want T.G.S. anyway - thought he had better leave now - he was too lazy - had been picked up from the street and made rich by himself and father - different with me - I had worked very hard indeed - what would I do - would I stick by D.F. - start alone - or go with T.G.S. - or elsewhere - extremely sorry to part with me - he thought everything of me - he wouldn't go on with T.G.S. I said hardly anything but finally left, telling him I would think the matter over. The next (yesterday) morning I got up early. Walked up to 68 West 48th to walk down with A.A. Redfield. He told me I ought to have as much as T.G.S. and that if D.D.F. would not allow us together more than 35, that I should have 17 1/2%. He said this voluntarily. I told him how D.F. acted and that D.D.F. was himself disgusted with T.G. S. and that unless I could come to an arrangement with T.G.S., the whole firm must break up. I didn't know as I could keep it together anyhow. So at noon I opened on T.G.S. He thought I ought to have 17 1/2% but it ought not to come out of him. He offered me 15% for July, (considerably more in this strain, no decision).

7 ....... The most important change in my business life that has occurred since 1869, has lately happened. The dissolution of our firm (there follows a long account of the disagreement of the partners).

7 ....... It was finally arranged that it should be dissolved on the 31st of August but nothing should be said about it until that time.

7 ....... I have been all along of the opinion and now am sure that it is better for me to join hands with T.G.S. and work up a business for ourselves. T.G.S. was very anxious to know what I would do, and when I at last intimated to him my willingness to avail myself of his offer to become equal partners, he was very much relieved and promised to give up the idea of his two years pilgrimage in a foreign land. I have not made any decisive arrangement with him, as I desire to leave myself free to talk with Dudley; for I do not relish the idea of being considered by the latter as not being in a condition

- 33 -

1873

May 30 to go on with him... especially as I have not the right to take
any of the clients with me; many of whom would be too happy to go.

Jun. ... D.F. asked me if I had thought what I was going to do -
wanted me to make up my mind so that he could mature his arrange-
ments. (The decision was postponed.)

Nov. 4 ... During the whole of the Summer, Mr.D.D.F. has been in
Stockbridge, coming down for a day once in a while, not for the purpose
of transacting any office business but in preparation for his two year's
voyage around the world... As soon as D.F. arrived, he pressed me again
for my decision in reference to a new partnership... His father
afterwards spoke to me upon the same subject and he answered that I
could take all the time I pleased but he hoped that nothing would induce
me, especially during his absence, to abandon his son. I had a long talk
with him about the proposed terms of the new firm, and he was generous
in the extreme, saying that if I would remain he would give up all his
percentage and allow him name to be used in the same manner as if he had
an active connection with the firm. (Long account of business differences)

1874

Mar. 8 ... Last Thursday the wedding of Grace Field took place at her
father's. D.D.F.'s house (occupied by D.F.) was used, as I am told,
for the occasion. A door had been cut through the rear so that all
guests could pass out through his house. Over fifteen hundred invi-
tations were given out. I received cards, such as they were. Whether
they were sent to me designedly or by accident, I have not been able
to determine. They were - one containing Miss Field, the second Lindly's
name and third Mrs. Cyrus W. Field. No invitation to anything. Every-
one else so far as I can hear had another containing an invitation for
Thursday, 3 to 5 P.M. My own idea is that they were sent me from pure
malice...

Jul. 28 D.D.F. arrived last Friday, I believe... Tonight I called upon
him, not knowing what kind of a reception I should get. No allusion
was made to business. I offered to do for him anything I could while
he remained here...

Aug. 2 ... I shall try to bring my mind to writing up the long space of
time since my last entry in November last. What I desire to say is
such a painful subject to me that I can hardly summon sufficient
resolution to do so...

17 (Long account of fishing vacation on the St. Lawrence with Mr. Bloss, Mr. Reed and others. They later went down to the Catskills, Haynes Falls.)

Oct. 4 (Recital of some unimportant events.)

This is the end of the diaries written in long hand. The next
diaries I find are typewritten and begin with December 9, 1882, and
relate almost entirely to Canadian Pacific affairs.

- 34 -

1882

Dec. 9

Sent for by J.S.Kennedy at his office. Had long interview with him. Had long interview with Mr. Stephen. Engaged nearly all day on his Canadian Pacific matters.

10
Long interview with C.J.O. at my house and afterwards long interview with Mr. Northcote........Telegraphed Mr. Scott........

11 Engaged all the evening and up to a very late hour tonight with Mr. Stephen, Mr. Scott, Mr. Angus and Mr. Van Horne........

12
Mr. Kennedy has been despondently disposed, during the last three days, in reference to the success of the Canadian Pacific enterprise in whole and detail; urged him not, under any circumstances, to sell out his stock. After some discussion, he stated that he had fully determined to sell out, but, out of deference to my judgment, he promised that he would not do so; thereupon I told him, in brief, what I hoped to accomplish for the Company through Mr. Scott and Mr. Osborn. He thereupon seemed satisfied and promised to retain the whole of his interest.

(Follows long memorandum as to various interviews and preparation of Official Memorandum, contract with Boissevain, construction contract, maps, application for listing on stock exchange, etc. Much correspondence with Mr. Drinkwater and others.)

1883

Jan. 4

Sent copies of Official Memorandum as follows: Mr. Scott 21, Mr. Pearsall 3, and one each to Messrs. Christenson, Kennedy, Osborn and Stillman........

(Follows long account of work on Syndicate Agreement, preparation of ads for public subscriptions, pooling agreements.)

19
Received cablegram from Mr. Stephen from Paris that Drexels had taken the 1,000 shares from Cohen and that the balance would be sent to Scott; that every house in Amsterdam was participating in the syndicate and that great success had been obtained........

20
Advised Mr. Kennedy to request either Mr. Thorne or Mr. Wetmore to make up statements (respecting Trans-Continental Lines) on an independent basis. Interview here with Mr. Thorne........Explained to him that he (Mr. Scott) had promised a portion of the Cohen stock to Vanderbilt; some to Roberts; some to McCullough and the remainder in small amounts to other capitalists; that the price would probably be average between the cost of Hill's stock (47) and the Cohen stock (60)........Mr. Kennedy received this morning a cablegram that Boissevain would take a $5,000,000 interest in the first option; that Mr. Angus had written that Parliament would meet on February 8th, and it was very desirable to get public subscriptions as soon as possible; that Mr. Kennedy's subscriptions now amounted to over $5,000,000........

- 35 -

1883

Jan. 24

At 5 o'clock P.M. received letter from Mr. Kennedy to the effect that the listing of the stock had been favorably reported by the governing committee.

Feb. 3

(Amid a great mass of details is the first mention of the name of Geo S. Scott & Co.)

16

Learned that Donald Smith was expected on S.S. Servia.

17

Long interview with Mr. Scott in relation to the appointment of Mr. Schiff as his attorney during his absence.

23

Interview with Mr. Todd in relation to Hatch and Peters affairs.

(We have two letters from Mr. Kennedy to JWS. dated in May, 1883, thanking JWS. for his work and expressing his esteem and affection and offering him $500,000. St.P. M&N. Ry. Cons. Bonds as a gift or as security for a gift which he might later make. These may be the bonds that Mr. Sterling gave the Home for the Strathcona and Mt. Stephen memorials. In another letter, Mr. Kennedy asks pardon for his impatience and other "infirmities".)

Oct. 29

(On this date appears the first mention of Mr. Bliss.)

30

Mr. Stephen arrived at the Windsor Hotel. He was accompanied by Mr. Donald A. Smith.

(There follows a long account of the dispute between Mr. Angus and Lord Mt. Stephen, which was evidently very bitter. Many things seemed to go wrong about this time and Mr. Stephen began to feel about this time pretty sore and as if he had been thoroughly mislead. It was evident that Mr. Schiff had used Mr. Stephen for the purpose of privately buying the stock at a low figure, say 51 and upward, and had been unloading it for the last two or three days at 58 to 60 and over. The principal point however at this Wednesday interview at my house was the exorbitant damand made by Mr. Schiff for commissions.

Nov. 1

At any rate Mr. Stephen and Mr. Scott came in to see me; and then Mr. Stephen told Mr. Scott of his immense dis-appointment in his associates, the perfidy of Mr. Schiff, his abhorrence of breaking up the Contract, which he was sure was a good one, the lying down of all his associates upon himself, and in fact his complete discouragement under the circumstances: that for his part he had about as leave let the Dominion Government

- 36 -

1883

Nov. 1

take the road, build it, and hand it back to the stockholders upon its completion and the stockholders repaying whatever it might have meantime paid for its construction; that he never would have gone to the Government for the Guarantee, had not Mr. Schiff absolutely promised to raise the $22,500,000 cash. Mr. Scott told him, with a great deal of profanity, not to care about what other people said; that all those who had bought any portion of the original $25,000,000 of stock were going to get a very fair profit out of their holdings by reason of this Guarantee; that it would be at least 25 per cent. upon what they had paid for it, that he had wronged nobody in advising the purchases, that their failure to make a good deal through the Construction Co. was a failure to realize a possible but not certain profit and was not a failure to get back their original moneys, which were safe enough, that in all this, there was no cause of discouragement, but that he, Mr. Stephen, should pay attention only to completing the road as cheaply as possible and that all cavil, on the part of distrusting associates and greedy stockholders, would soon cease with his success. Mr. Stephen thanked Mr. Scott for his assuring remarks. The conversation was as between man and man, and exceedingly sympathetic on the part of Mr. Scott.

2

Mr. Stephen and I saw Mr. Scott, who expressed himself most kindly to Mr. Stephen. I made out a little statement on an envelope and showed Mr. Scott exactly what Mr. Stephen was willing to give Messrs. Schiff, Bliss and Kennedy (viz., $225,000.) and that now Schiff would not do anything unless he had double that amount. Mr. Scott said that he would go right down and see Schiff and make him do differently and take what was reasonable.

3

(Long account of differences with Mr. Kennedy.)

7

................I received a telegram from Mr. Stephen from Ottawa that all was arranged there....... (T.W.Pearsall was evidently feeding the stock out into the market gradually. An erroneous press dispatch had been sent out by the bears which made everything look very black, so that it was necessary to telegraph Mr. Stephen in Canada to come down or furnish further margin.)

8

Mr. Schiff sent word to T.W.P. to know how much stock he had accumulated, and promised to sell the amount accumulated the next day in London.

1872

Mar. 3

A week ago yesterday I went home - first time since Christmas. They were all well. In the afternoon I sent for Abijah McEwen. He came at 6 and left at half past nine. He admitted when he left that he had been quite wrong in his judgment about Mr. Field and my connection with the litigation. I call at Aunt Lizzie's. Lizzie showed me her new piano (upright one of Weber's patent). Mr. Hall is not supplying the Stratford pulpit now. He feels aggrieved at the want of regard he finds in the community for his preaching. He is generally supposed to be under the influence of Aunt Lizzie, whose character for intrigue and whose jealously of the influence of others have been pretty thoroughly discerned by the community.

Since the new year commenced, we have had active internal excitement in our partnership circle. T.G.S. wrote a note to D.D.F. to the effect he would take 25% or 20%, nothing between. D.F. was most offended. I asked D.F. in the office one day if had considered whether I should receive more. He said he had talked it all over with his father and had concluded in his own mind that I should be contented; that I was young &c &c., that he commenced on 1/32nd and all that nonsense. I told him if I were in a position to make friends, as for example, if I were at the Erie office, and could see the host of people whom one met there, I should be satisfied to receive what I was getting, for then I should make clients independently of those who came to the office &c &c. He said or rather admitted that my statements had some force and promised to consider the matter. He did not like Shearman's demand as he termed it. I was therefore careful not to make any but put me in the form of a question &c.

I had several interviews with him and D.D.F., but the day after my first interview with D.F., I went over to D.D.F.'s in the morning and poured out all my mind into his ear. He listened attentively and said he would talk to D.F. about it. D.D.F. had one or two talks with me afterward in his own room. He thought I should be contented with 12%. I myself thought that this was not far from right, considering the motives and character of the other partners, though I think as a matter of justice T.G.S. should have 24 and I 14% and this latter was what I had asked for, knowing I should not get more than I asked. Finally D.F. got upon his ear, as we say, in reference to T.G.S. It was now the day of the argument of the Pollard Demurrers. D.D.F. and T.G.S. were in the U.S.Courts. D.F. told me that he and his father had talked over the whole matter and had pretty much come to the conclusion to break up the whole partnership; that his father had asked him what they should do if I were to go with Shearman and he had told that he would then come down to the office at 8 1/2 as he used to do and work till 6 1/2 at night &c &c. He then told me that he should never have any difficulty

-2-

1872

Mar. 3

with me; that he could get along with me and all that, but he
had put up with Shearman as long as he could. They had pre-
viously said that they willing to divide 5% between us. I
then slipped out of the office, sent a messenger in U.S. Court
and got Shearman out unknown to D.D.F., took him into U.S. Dis-
trict Attorney's office and told him if he wanted to break up
the whole thing he had better persist in his letter, but that
if he valued his own interests and mine, he would be a little
tolerant. He said that he would do what was my interest and
admitted that it was the interest of both of us to keep whole
firm together. He came down to office. As we were all going in
to D.D.F.'s office to act upon this matter, he called me out
and offered me the whole 5%. I refused to take it. I then
offered him the 5% on the books, he to pay me at the end of each
month 2 1/2 or 3% as he should finally decide, for I had no
pride as to what I got on the books. We then both went in and
he said we had agreed upon a plan - he to take the 5% and he and
I to divide in some private manner. D.F. did not think this
was fair - thought it ought to be stated exactly what each got.
His father thought otherwise and so it was arranged. The
actual writings have not yet been signed but I expect they will
be in a few days.

Since January I have been more gay than ever before.
I was invited to a tea - sociable at Mrs. Tallmadges in 33rd
Street. It was a delightful party. I met Miss Burrill, Miss
Smith of Smithtown, a Miss Rodgers (Southern lady), Mrs. D.F.
Mrs. Belden, John Belden, Judge Brady, Ed Curtis and 30 or 40
more were there. I walked down to the Fifth Avenue and then
took a carriage home.

About January 11th or 12th I attended a delightful
dinner party at Mrs. D.F.'s on the anniversary of her wedding.
On New Year's Day I made about 25 calls they are all marked
in my Address Book. I have taken Miss Susie Milner once to
church - on an awfully cold day - also Mrs. Dudley Field, Mrs.
Billings.

I attended a very pleasant party the other evening at
the Water Cure across the street upon the written invitation of
Miss Minnie Erving. I have been to call upon her once or twice.
Invited her to go to church with me today, but she was suffering
from a sore throat. I call at Mrs. Tallmadge's with her and
also at Mrs. D.F.'s; both out, saw Mrs. Belden at the latter
place.

Thursday night I met Mother and Cordie at the Erving
house with a carriage and took them to Mrs. D.F.'s. She and
Dudley paid them great attention, took them all over the house
and appeared very glad to see them. Afterwards I took them
to Mrs. D.D.F.'s - she had retired, but we saw D.D.F. I had