Something of Men I Have Known Part 39

Not far away was the old castle of Dunstaffnage, which in its prime had been the scene of innumerable tournaments and battles that have added many pages to Scottish annals. Within the enclosure of the old castle sleeps the dust of long ago kings--the veritable grave of Macbeth being readily pointed out to inquiring travellers.

The conversation around the hearthstone of my host turned to the famous island of the Inner Hebrides, Iona, with its wonderful history reaching back to the sixth century. The ruins of the old monastery, built fourteen hundred years ago by the fugitive Saint, Columba, are well worth visiting. The dust of the early kings of Norway, Ireland, and Scotland rest within these ancient walls, and it is gratifying to know that here even the ill-fated Duncan

"After life's fitful fever sleeps well."

It would have been pa.s.sing strange, with host and guests all of Scottish lineage, if there had been no mention of Robbie Burns, for in old Scotia, whether in palace or hovel, the one subject that never tires is the "ploughman poet of Ayr." A little incident of slightly American relish which I related the evening of my departure needed no "surgical operation" to find appropriate lodgment.

Senator Beck of Kentucky was a Scotchman. He was in the highest sense a typical Scotchman--lacking nothing, either of the brawn, brain, or brogue, of the most gifted of that race. It is needless to say he was a lover of Burns. From "Tam O'Shanter" to "Mary in Heaven," all were safely garnered in his memory--to be rolled out in rich, melodious measure at the opportune moment. The close friend and a.s.sociate of Senator Beck, when the cares of State were for a time in abeyance, and the fishing season at its best, was "old Smith," superintendent of the Botanical Gardens, also a Scotchman, and likewise in intense degree a devotee of Burns. The bond of union between the man of flowers and the Kentucky statesman was complete.

Now, it so fell out that a newly elected member of the House, from the Green River district, one day called upon his distinguished colleague of the Senate, and requested a note of introduction to the superintendent of the Botanical Gardens, as he wished to procure some flowers to send a lady const.i.tuent then in the city. "Certainly, certainly," replied the ever-obliging statesman: "I will give you a line to old Smith." Just as the delighted member was departing with the letter in hand, Senator Beck remarked, in his peculiarly snappy Scotch accent, "Now, Tom, if you will only tell old Smith that you are a great admirer of his countryman, Robbie Burns, he will give you all the flowers in the conservatory." The member, who knew as little of Burns as he did of the "thirty-nine articles,"

departed in high feather.

Almost immediately thereafter, presenting his letter, he was received with great cordiality by the superintendent and a.s.sured that any request of Senator Beck would be cheerfully granted. Just as he was reaching out for the fragrant bouquet the superintendent was graciously presenting, the closing words of the Senator were indistinctly recalled, and in a manner indicating no small measure of self-confidence, the member remarked, "By the way, Mr. Smith, I am a great admirer of your countryman, _Jimmy_ Burns." "Jimmy Burns! Jimmy Burns! Jimmy Burns!" exclaimed the overwhelmingly indignant Scotchman, _"Jimmy_ Burns! _Depart instantly, sir!"_

The member from Green River district _departed_ as bidden, taking no thought of the flowers; delighted--as he often a.s.servated--to have escaped even with his life.

XLIX ANECDOTES OF LAWYERS

JUDGE BALDWIN'S BOOK, "THE FLUSH TIMES"--DEFENDANT'S COUNSEL ASKS ONE QUESTION TOO MANY--CIRc.u.mSTANTIAL EVIDENCE AGAINST A CARD-PLAYER --JOHN RANDOLPH'S REVENGE--HORACE GREELEY NOT A MINISTER OF THE GOSPEL--A CANDIDATE'S QUALIFICATIONS FOR SCHOOL-TEACHING--THE AUTHOR OF "DON'T YOU REMEMBER SWEET ALICE, BEN BOLT?"--A CANDIDATE'S POSITION WITH REGARD TO THE MAINE LAW--GOVERNOR TILDEN'S POPULARITY --MR. TRAVERS MISSES A PORTRAIT--A CANDIDATE FOR HOLY ORDERS TELLS A BIBLE STORY.

No better place can be found for studying that most interesting of all subjects, Man, than in our courts of justice. Indeed, what a readable book that would be which related the best things which have occurred at the bar!

Judge Baldwin conferred an inestimable blessing upon our profession when he wrote "The Flush Times," a book that will hold a place in our literature as long as there is a lawyer left on earth.

To two generations of our craft this book has furnished agreeable and delightful entertainment. To the pract.i.tioner "shattered with the contentions of the great hall," its pages have been as refreshing as the oasis to the travel-stained pilgrim.

The late Justice Field, long his a.s.sociate upon the supreme bench of California, told me that Judge Baldwin was one of the most genial and delightful men he had ever known, and certainly he must have been to have written "Cave Burton," "My First Appearance at the Bar," "A Hung Court," and "Ovid Bolus, Esq., Attorney-at-law and Solicitor in Chancery."

Almost every Bar has some tradition or incident worth preserving --something in the way of brilliant witticisms or repartee that should not be wholly lost. Of the race of old-time lawyers--of which Mr. Lincoln was the splendid type--but few remain. Of the survivors, I know of no better representative than Proctor Knott of Kentucky. The possessor of ability of the highest order, and of splendid attainments as well, he is of all men the best story-teller this country of ours has known. Among his delighted auditors in and out of Congress have been men from every section and of exalted public station. For some of the incidents to be related I am indebted to Governor Knott. The obligation would be much greater if the stories could be retold in manner and form as in the days gone by, and upon occasions never to be forgotten when they fell from his own lips.

If, however, even fairly well I might garner up and hand down some of the experiences of the generation of lawyers now pa.s.sing, I would feel that I had, in some humble measure, discharged that obligation that Lord Bacon says, "every man owes to his profession."

ONE QUESTION TOO MANY

What lawyer has not, at some time, in the trial of a case asked just _one question_ too many? I know of nothing better along that line of inquiry than the following related by Governor Knott.

He was attending the Circuit Court in one of the Green River counties in Kentucky, when the case of the "Commonwealth _versus_ William Jenkins" was called for trial. The aforesaid William was under indictment for having bitten off the ear of the prosecuting witness.

Fairly strong but by no means conclusive testimony against the defendant had been given when the State "rested."

A lawyer of the old school, who still carried his green bag into Court, and who never wearied of telling of his conflicts at the bar with Grundy, Holt, and Ben Hardin, in their palmiest days, was retained for the defence. His chief witness was Squire Barnhouse, who lived over on the "Rolling Fork." He was the magistrate for his precinct, deacon in the church, and the recognized oracle for the neighborhood. Upon direct examination, in the case _at bar,_ he testified that "he knowed the defendant William Jenkins; had knowed him thirty year or more; knowed his father and mother afore him." Inquired of then as to the general reputation of the defendant, as to his being "a peaceable and law-abiding citizen," he was found to be all that could be reasonably desired.

Squire Barnhouse was then asked whether he was present at the Caney Fork muster, where it was alleged that the defendant had bitten off the ear of the prosecuting witness. It turned out that he was present. Further questioned as to whether he had paid particular attention to the fight, he replied that he did; that he "had never seed Billy in a fout before, and he had a kind of family pride in seein' how _he would handle himself."_ Further questioned as to whether he saw the defendant bite off the ear of the prosecuting witness he replied, "No, sir, nothin' uv the kind, nothin' uv the kind."

This was followed by the inquiry as to whether his opportunities were such that he would most probably have seen it, if it had occurred.

"In course I would, in course I would," was the emphatic reply.

The witness was here turned over to the Commonwealth's attorney, who declined to cross-examine, and Squire Barnhouse was in the act of leaving the stand when in an evil hour it occurred to defendant's counsel to ask one question more.

"By the way, Squire, _just one more question,_ just where you stand; now I understood you to say"--repeating the answers already given; "now just this question, did you see anything occur while the fight was going on, or after it was over, that would lead you to believe that this defendant had bitten off the ear of the prosecuting witness?"

The Squire, half down the witness stand, answered, "No, sir, nothing uv the kind," then, slowly and thoughtfully, "nothing uv the kind."

A moment's pause. "Well, since you mention it, I do remember that just as Billy rizened up offen him the last time, I seed him spit out a piece of ear, _but whose ear it was,_ I don't pertend to know."

CIRc.u.mSTANTIAL EVIDENCE

In the good County of Scotland, in the State of Missouri, back in the ante-bellum days there lived one Solomon Davis, whose chronic horror was card-playing. The evils of this life were in his judgment largely to be attributed to this terrible habit. It was his belief that if the Grand Jury would only take hold of the matter in the right spirit, a stop could be put to the "nefarious habit of _card-playing,_ which was ruining the morals of so many young men in Scotland County." This was the burden of his discourse in and out of season. His ardent desire that he himself should be called on the Grand Jury to the accomplishment of the end mentioned was at length gratified. At a certain term of court he was not only summoned upon the Grand Jury, but duly appointed its foreman.

Upon the adjournment of court for dinner, immediately thereafter, one Ben Mason, the wit of the bar,--and not himself wholly _unacquainted_ with the pastime that involved spades, kings, and even queens,-- ardently congratulated the new foreman upon his appointment, a.s.suring him that now his opportunity had come to put to an end, by the omnipotent power of the Grand Jury, "to the nefarious habit of card-playing which was ruining the morals of so many young men in Scotland County."

"And now, Squire," continued Ben, "I can give you the name of a gentleman who doesn't play himself, but is always around where playing is going on, and he can tell you who plays, where they play, how much is bet, and all about it."

Delighted at this apparently providential revelation, the Squire had a subpoena forthwith issued for the witness mentioned, one Ranzey Sniffle, a half-witted fellow who had never taken or expected to take a part in the game himself, but whose cup of happiness was full to the brim when, in return for punching up the fires, mixing the drinks, and snuffing the candle, he was permitted _to see the play actually going on._

Trembling with apprehension at the dread summons to appear before the "Grand Inquest"--if it had been three centuries earlier at Saragossa it could scarcely have appeared more alarming--the witness was ushered into the immediate presence of the awful tribunal over which Squire Davis was now presiding. After taking the customary oath, and telling his name, age, and where he lived, Mr. Sniffle was questioned by the foreman as to his personal knowledge of any game or games of cards being played for money, or any valuable thing, within one year last past, within the said County of Scotland, and solemnly warned, if he had any such knowledge, to proceed in his own way, and tell all about it; to tell when and where it was, _who were present,_ and what amount, if any, was bet.

Recovering himself a little by this time, the witness began:

"The last time I seed them playin', Squire, was at Levi Myers's sto'; they sot in about sundown last Sat.u.r.day night, and never loosened their grip until Monday mornin' about daylight."

"Now, Mr. Sniffle," interrupted the Squire with great dignity, "will you proceed in your own way, to give to the gentlemen of this Grand Jury _the names_ of the persons who were thus engaged not only in violating the statute law of Missouri, but in violating the law of G.o.d by desecrating the holy Sabbath?"

"Well, Squire," continued the witness, slowly counting off on his fingers, "thar was Levi Myers, Sammy Hoc.u.m, Moss Johnson, Josiah Davis,"--"Suspend, Mr. Sniffle, _suspend,"_ commanded the Squire with great indignation, and turning to his official a.s.sociates, he continued, "I am aware, gentlemen of the Grand Jury, that my son Josiah is sometimes present when cards are being played, but he a.s.sures me on his honor as a gentleman, that he never _takes part,_ and doesn't even know one card from another. Now, Mr. Witness, do you undertake, under the solemn sanction of an oath, to say that my son Josiah was _engaged_ in the game? By the way, Mr. Sniffle, do you understand the nature of an oath?"

"No, Squire," slowly replied the witness, "I dun know as I do."

"Don't you know _what will become of you,_ Ranze, if you swear to a lie?" quickly asked a juryman from a back seat.

"Yas, in course, if I swar to a lie, they'll send me to the penitentiary, and then I'll go to h.e.l.l afterwards," replied Mr.

Sniffle.

The _competency_ of the witness thus appearing, the foreman proceeded:

"Now, Mr. Sniffle, do you, under the solemn sanction of an oath, undertake to say that my son Josiah was _engaged_ in that game?"

"I dun know as I adzackly understand the meanin' of bein' engaged in the game; but I seed Josiah a-dealin' the papes, when his time come to fling a card he flung it, and uv'ry now and then, _he rech out and drug in the chicerok.u.m._ I dun know as I adzackly understand 'bout bein' engaged in the game, but if _that_ were bein' engaged, then Josiah were _engaged!"_

JOHN RANDOLPH OF ROANOKE

Seldom have more significant words been uttered than those of John Randolph of Roanoke, when told that a certain man had been denouncing him. "Denouncing me," replied Randolph, with astonishment, "that is strange, _I never did him a favor."_

The voice of but one John Randolph of Roanoke has mingled in the contentions of the Great Hall. That was no cause for regret, as for a lifetime he was the dread of political foes and friends alike.

A colleague from "the valley" probably remembered him well to the last. That colleague, recently elected to fill a vacancy caused by the death of a member of long service, signalized his entrance into the House by an unprovoked attack upon Mr. Randolph. The latter, from his seat near by, listened with apparent unconcern to the fierce personal a.s.sault. To the surprise of all, no immediate reply was made to the speech, and the new member flattered himself, no doubt, that the "grim sage" was for once completely unhorsed.

A few days later, however, Randolph, while discussing a bill of local importance, casually remarked: "This bill, Mr. Speaker, lost its ablest advocate in the death of my lamented colleague, _whose seat is still vacant!"_

HORACE GREELEY

It will be remembered that the will of Stephen Girard of Philadelphia, after a splendid bequest for the establishment of the great University which bears his name, provided that no minister of the Gospel should ever be permitted to enter the grounds of the inst.i.tution.