Something of Men I Have Known Part 42

A RETORT BY CURRAN

The stinging retort of the Irish advocate Curran is recalled.

At the close of his celebrated encounter with one of the most overbearing of English judges, the latter insultingly remarked to the somewhat diminutive advocate: "I could put you in my pocket, sir." To which, with the quickness of a lightning flash, Curran retorted: "If you did, Your Lords.h.i.+p would have more law in your pocket _than you ever had in your head!"_

Fiercely indignant, the judge replied: "Another word, and I will commit you, sir." To which Curran fearlessly retorted: "Do, and it will be the best thing Your Lords.h.i.+p _has committed this term!"_

REMITTING A FINE

About every courthouse in the "Blue Gra.s.s" still linger traditions of the late Thomas F. Marshall. For him Nature did well her part.

He was a genius if one ever walked this earth. Tall, erect, handsome, of commanding presence, and with intellectual endowment such as is rarely vouchsafed to man, no place seemed beyond his reach.

Having in addition the prestige of family, that counted for much, and being the possessor of inherited wealth, it indeed seemed that to one man "fortune had come with both of her hands full." The successor of Clay and Crittenden as Representative for the Ashland District, a peerless orator upon the hustings, at the bar, and in the Great Hall, his life went out in sorrow and disappointment.

"Of all sad words of tongue or pen The saddest are these, 'It might have been!'"

His eulogy upon the gifted and lamented Menifee, the tribute of genius to genius, belongs to the realm of the loftiest eloquence, and seldom have words of deeper pathos been written than his own obituary --"Poor Tom's a-cold"--by George D. Prentice.

As to why that which seemed so full of promise "turned to ashes upon the lips," the following will explain. Meeting his kinsman, the Rev. Dr. Breckenridge, he said: "Bob, when you and I graduated, you took to the pulpit and I to the bottle, and _I have stuck to my text a good deal closer than you have to yours!"_

Not inaptly has h.e.l.l been described as "disqualification in the face of opportunity."

Bearing in mind Marshall's invariable habit of _not_ paying his debts, the point of the closing remark of the judge in the incident to be related will appear. Marshall was engaged in the defence of a man charged with murder in a county some distance from his own home. Failing repeatedly in his attempt to introduce certain testimony excluded by the Court, he at length exclaimed:

"It was upon just such rulings as that that Jesus Christ was convicted."

"Mr. Clerk, enter up a fine of ten dollars against Mr. Marshall for contempt of court," was the prompt response of the judge.

"Well," said Marshall, "this is the first time in a Christian country I have ever heard of a _man being fined for abusing Pontius Pilate!"_

"Mr. Clerk," said the judge, with scarcely suppressed indignation, "enter up a fine of twenty-five dollars against Mr. Marshall for contempt of court, and the further order that he be imprisoned in the common jail of the county until the fine and costs are paid."

The death-like stillness that fell upon the a.s.semblage was at length broken by Mr. Marshall arising and gravely addressing the Court.

"If Your Honor please, I am engaged in the trial of an important case, one where human life may depend upon my efforts. I have just been fined twenty-five dollars and ordered to be imprisoned until the fine is paid. Upon a careful examination of my pockets, I find that I have not that amount _nor any other amount_ about my person.

I am more than one hundred miles from home and among strangers.

In looking over this audience, I find but one familiar face, that of Your Honor. I am therefore constrained to request Your Honor, as an old and cherished friend, _to lend me_ the amount necessary to discharge this fine."

Instantly the judge exclaimed: "Remit that fine, Mr. Clerk; _the State is more able to lose it than I am."_

A CASE "ON ALL-FOURS"

Near two-thirds of a century ago, one of the best-known lawyers in Illinois was Justin b.u.t.terfield. He was one of the most eloquent of the gifted Whig leaders of the State when the list included such names as Lincoln, Stuart, Hardin, Browning, Baker, and Linder. He was the earnest champion of General Zachary Taylor for the Presidency in 1848, and his party devotion was rewarded by appointment to the commissioners.h.i.+p of the General Land Office. The only appointment for which Mr. Lincoln was ever an applicant was that given to b.u.t.terfield soon after the inauguration of President Taylor.

Of few lawyers have brighter things ever been told than of Justin b.u.t.terfield. During the fierce anti-Mormon excitement-- which resulted in the destruction of the Nauvoo Temple and the expulsion of the Mormons from the State--the "Prophet," Joseph Smith, was placed upon trial for an alleged felony. The Hon.

Nathaniel Pope was the presiding judge, and b.u.t.terfield counsel for Smith. A large audience, including many elegantly dressed ladies, was in attendance.

When he arose to address the Court, b.u.t.terfield with great dignity began:

"I am profoundly impressed with the solemnity of the situation and the awful responsibility resting upon me. I stand in the presence of his Holiness the Pope, surrounded by angels, _to speak in defence of the Lord's anointed Prophet!"_

While in active practice, b.u.t.terfield was upon one occasion opposing counsel to the Hon. David A. Smith in the Supreme Court of the State. The latter had concluded his argument and with head resting upon the table in front, had fallen asleep while b.u.t.terfield was speaking. A gleam of sunlight which had found its way through the window opposite, had fallen upon the very bald head of Smith, causing it to s.h.i.+ne with unwonted brilliancy. Suddenly pausing and with arm extended toward his sleeping antagonist, b.u.t.terfield solemnly observed:

"The light s.h.i.+neth upon the darkness _and the darkness comprehendeth it not!"_

As the Old State Bank was about to expire by reason of limitation, the General a.s.sembly pa.s.sed a bill extending its corporate life fifteen years. In litigation in which b.u.t.terfield was counsel, the legal effect of the Act mentioned being involved, the opposing counsel insisted that the legal effect of said Act was the creation of a _new_ bank. b.u.t.terfield in reply insisted that "a new bank had not been created, but simply the life of the old one prolonged.

A case in point, your Honor, precisely 'on all-fours' with this, is the well-authenticated one of the good Hezekiah when the Lord lengthened out his life fifteen years for meritorious conduct.

Now, sir, did he thereby make a _new_ Hezekiah, _or did he leave him just the same old Hezekiah?"_

"GOING OUT WITH THE TIDE"

Soldier, lawyer, and wit was Colonel Phil Lee of Kentucky. When it is borne in mind that he was of exceedingly small stature the following incident--one he often related--will be appreciated.

Immediately upon attaining his majority he was a candidate for the Legislature. On election day he was quietly seated on a barrel in the room where the election for his precinct was being conducted, when an old Deacon from the Tan Bark settlement came in to vote. His choice for the State officers and for Sheriff was called out after some little parleying as to who were the _best men,_ and the voter was about to retire, when one of the judges said,

"Deacon, ain't you going to vote for a candidate for the Legislature?"

"Yas, of course, I like to forgot all about that; who is running for the Legislature?"

At which Phil, hopping down from the barrel, said, "Deacon, I am a candidate."

"Who, _you?"_ inquired the Deacon--with half contemptuous gaze at the diminutive-looking aspirant; then turning to the judge he said, _"Just put me down for the other fellow!"_

Admitted to the bar at Shepherdsville in his native county of Bullitt, when barely of age, his first appearance was as attorney for the plaintiff in a breach-of-promise case of much local celebrity.

His speech held the jury and by-standers literally spellbound, and it was confidently a.s.serted that the cla.s.sic banks of Salt River will probably never witness such flights of eloquence again. At its close Phil was warmly congratulated by an old Squire from the "Rolling Fork."

"Phil, that was a mighty fine speech, a mighty fine speech, Phil, now mind, I tell you. That speech reminded me of Henry Clay."

At the first mention of _that_ name, the Squire was promptly invited out to take a drink. The first round of hospitality happily concluded, Phil was in readiness for any additional observations from the Squire.

"Yes, Phil, when you kinder rared back and throwed your right hand straight up, thinks I, Henry Clay, Henry Clay!"

Whereupon the Squire was without unnecessary delay invited to take another drink. This accomplished, the Squire still held the floor.

"Yes, Phil, yes, Phil, todes the last when you made that big swoop with both arms and 'peared like you was gwyen right up to the rafters, thinks I, Sh.o.r.e 'nough, Henry Clay come back from his grave!"

As flesh and blood could not stand everything, the old Squire was promptly invited to take another drink. Number three being property placed to his credit, the Squire continued:

"Yes, Phil, you peared to me to be Henry Clay right over again _with jist one leetle difference."_

At this Mr. Lee, curious to know what could be the _one_ possible little difference, when there were so many points of resemblance between two such orators as himself and Henry Clay, ventured to inquire. "I think," said the Squire, "this, Phil,--_you peared to kinder lack his ideas!"_

And now comes the tragic ending of a brilliant career. Lee, while Commonwealth's attorney, was in the last stages of that dread disease, consumption. A murder case was on trial in which he felt a deep interest. The case was one of unusual atrocity, and the accused--a man of some local prominence--had been exceedingly defiant towards the wan and emaciated prosecuting attorney from its beginning. With much difficulty Colonel Lee succeeded in getting to the court-room in order to make the closing speech to the jury. Utterly exhausted,--after depicting the horrible crime in all its enormity and demanding the extreme penalty of the law upon its perpetrator,--at its close, in tones that touched the hearts of all who heard him, he exclaimed:

"Gentlemen of the jury, I have prosecuted the pleas of this Commonwealth until the blood has dried up in my veins, and the flesh has perished from my bones!"

These were his _last_ words--and his life went out that same night just as the clock struck twelve. At the self-same hour the steps of the jury were heard slowly ascending to the court-room which had witnessed his last effort--their verdict, _"Guilty, the penalty, death!"_

LI THE "HOME-COMING" AT BLOOMINGTON