The sun drank up the waters out of
Jefferson, and the almanac brought the day for the
May term of the Court for Ashtabula county; came the
Judge, the juries and unfortunate parties; came also
some twenty lawyers, from the various points of North-eastern
Ohio. It was to be a great time for our young
students. Bart had seen the Court once or twice
at Chardon, and had heard the advocates in the famous
case of Ohio vs. Joe Smith, the Mormon Prophet,
for conspiring to murder Newell, and came to know
some of them by name and sight. The same judge
presided on that trial as in the present court Judge
Humphrey. Bart was much interested of course
in the proceedings, and observed them attentively
from the opening proclamation, the calling and swearing
of the grand jury, calling of the calendar of cases,
etc. Much more interested was he in Case’s
graphic sketches of the members of the bar, who hit
them off, well or ill, with a few words.
“That elderly man, shortish,
with the soft, autumn-like face, is Elisha Whittlesey,
sixteen years in Congress; where he never made a speech,
but where he ranks with the most useful members:
sober colors that wear. He was a good lawyer,
and comes back to practice. The old men will
employ him, and wonder why they get beaten.”
“That brisk, cheery, neat man
by his side is Norton lively, smirky and
smiling you see the hair leaves the top
of his head, to lay the fact bare that there is not
much there; and just why that snubby little nose should
perk itself up, I can’t tell, unless to find
out whether there really is anything above it.
He has quite a reputation with juries, and a tendency
to bore, sometimes in very dry places, for water,
and usually furnishes his own moisture. When he
isn’t damp he is funny. They both live
in Canfield.”
“Who is that fine-looking, fine-featured, florid
man?”
“That is Crowell, from Warren.
Mark him and see how studied are all his motions.
He tears up that paper with an air and grace only reached
by long and intense practice and study. He is
a little unpopular, but is a man of ability, and is
often effective with a jury. The trouble is,
his shadow is immense, and falls all about him on every
thing, and he sees every thing through it.”
“That young, dark-eyed handsome
man is Labe Sherman, admitted last year. He and
Ranney are the two young men of the democracy; but
there is enough of Ranney to make two of him.
He is a fine advocate.”
“Look at that tall, rather over-dressed, youngish
man.”
“The one with weak, washed-out gray eyes?”
“Yes.”
“Does he know anything?”
“Not a devilish thing.
His strong point, where he concentrates in force,
is his collar and stock; from that he radiates into
shirt bosom, and fades off into coat and pants.
Law! He don’t know the difference between
a bill in Chancery and the Pope’s Bull.
Here’s another knowledge-cuss. He’s
from Warren McKnight. His great effort
is to keep himself in to hold himself from
mischief, and working general ruin. He knows
perfectly well that if he should let himself loose
in a case, in open court, the other side would stand
no chance at all; and his sense of right prevents
his putting forth his real power. It would be
equal to a denial of justice to the other side.”
“An instance where the severity
of the law is tempered and modified by equity,”
remarked Bart.
“Exactly.”
“Who is that man on the left
of Bowen, and beyond, with that splendid head and
face, and eyes like Juno, if a man can have such eyes?”
“That is Dave Tod, son of old
Judge Tod, of Warren. Two things are in his way:
he is a democrat, and lazy as thunder; otherwise he
would be among the first and it will do
to keep him in mind anyway. There is some sort
of a future for him.”
“Here’s another minister
of the law in the temple of justice that
man with the cape on. He always wears it, and
the boys irreverently call him Cape Cod Ward
of Connaught. He puts a paper into the clerk’s
office and calls it commencing a suit. He puts
in another and calls it a declaration. If anybody
makes himself a party, and offers to go to trial with
him, and nobody objects, he has a trial of something,
at some time, and if he gets a verdict or gets licked
it is equally incomprehensible to him, and to everybody
else.
“There are Hitchcock and Perkins,
of Painesville, whom you know. What great wide
staring eyes Hitchcock has: but they look into
things. And see how elegantly Perkins is dressed.
I’d like to hear Frank Wade on that costume but
Perkins is a good lawyer, for all that. Look at
that stout, broad, club-faced man that’s
old Dick Matoon. You see the lower part of his
face was made for larger upper works; and after puckering
and drawing the under lip in all he can, he speaks
in a grain whistle through an opening still left,
around under one ear. He knows no more law than
does necessity; but is cunning, and acts upon his
one rule, ‘that it is always safe to continue.’
“Here is a man you must get
acquainted with; this dark swarthy man with the black
eyes, black curling hair, and cast-iron face, sour
and austere. That is Ned Wade, Frank’s
younger brother, and one of the pleasantest and best-hearted
men alive. He has more book than Frank, and quite
as much talent, and will hammer his way towards the
front.”
“Who is that little, old, hump-backed,
wry-necked chap hoisting his face up as if trying
to look into a basket on his shoulder?”
“That? That is the immortal
Brainard, of Unionville. He is the Atlas who
has sustained the whole world of the law-on his back
until he has grown hump-backed; and that attitude
is the only way in which he can look into the law
on his back, as you remark.
“And there is Steve Mathews,
mostly legs. His face begins with his chin, and
runs right up over the top of his head; that head has
no more brains inside than hair out. You see
that little knob there in front? Well, that was
originally intended for a bump, and, as you see, just
succeeded in becoming a wart. Ranney suggested
to him at the last term that the books were all against
his straddling about the bar, as he always does.”
“That smallish man with the
prominent chin and retreating forehead, is Horace
Wilder, one of the best men at the bar. You see
he is pleasant and amiable. He is a good lawyer,
and give him a case which involves a question of morals
and he develops immense power.”
“Who is that dark, singular-looking
young man, with full beard and open throat? Is
he a lawyer?”
“That,” said Case, sadly,
“is Sartliff, the most brilliant intellect our
region has produced; full of learning, full of genius
and strange new thoughts! He is a lawyer, and
should equal Daniel Webster.”
“What is the matter with him?”
“God only knows! men call him
crazy. If he is, the rest of us never had intellect
enough to become crazy. Look at his dress; he
wears a kind of frock, tied with a hay rope, and is
barefoot, I presume. Some strange new or old
idea has taken possession of him to get back to nature.
If he keeps on he will become crazy. I must introduce
you; he and you will like one another.”
“Because I am crazy, too?” laughing.
“Because you have some out-of-the-way
notions, Bart, and I want you should hear him.
He will make you feel as if you were in the visible
presence of the forces of nature. He knew your
brother well and liked him.”
“Where does he live?”
“Nowhere! He remains in
the open air when he can, day and night; drinks water
and eats roots and herbs; sometimes a little plain
bread never meat. He was formerly vigorous,
as you see, he is now thin and drooping.”
“Has he had any unusual history, any heart agony?”
“None that I ever heard of;
nor was he particularly poetic or imaginative.
He does not attempt any business now; but goes and
comes with lawyers, the most of whom now avoid him.
He has brothers, able and accomplished men, and whom
he usually avoids. He commenced business with
Giddings, with a brilliant opening, ten years ago.”
The calendar was finished, a jury
sworn in a case, and the court adjourned.
How closely the young men watched
the proceedings of the court, all the trials and points
made, and the rulings, and how stripped of mystery
seemed the mere practice, as at that time in Ohio it
really was. Wise men had taken the best of the
old common law practice, and with the aid of judicious
legislation and intelligent courts, had got about
the best it was capable of.
Bart managed to make himself useful
and do himself some good on one occasion. Ranney
had taken a position in a case, on a trial of some
importance, on which the court was apparently against
him. Bart had just gone over with it, in a text-book,
and in a moment brought it in, with the case referred
to, and received, as men often do, more credit than
he was entitled to, Ranney carried his point, and could
afford to be generous.