nts of his
case; and his argument was all the more perfect, because not
exhibited in skeleton nakedness, but incorporated and intertwined
with the interior and essential life of persons and events. It was in
this way that he effected the acquittal of Tirrell, whom any
matter-of-fact lawyer, however able, would have argued straight to the
gallows; and yet we have the highest judicial authority for saying
that in that case he did his simple technical duty, without
interposing his own opinions or convictions. We shall say a word,
before we close, of the charge that he surrendered himself too
completely to his client; but to a great degree the explanation and
the excuse at once lie in this dramatic imagination, which was of the
essence of his genius and influence, and through which he lived the
life, shared the views, and identified himself with a great actor's
realization, in _the part_ of his client.
In making real to himself the nature, life, and position of his
client,--in gathering from him and his witnesses, in the preparation
and trial of his case, its main facts and direction, as colored or
inflamed by his client's opinions, passions, and motives,--and in
seeking their explanation in the egotism and idiosyncrasy which his
own sympathetic insight penetrated and harmonized into a consistent
individuality,--he, of course, knew his client better than his client
knew himself; he conceived him as an actor conceives character, and,
in a great measure, saw with his eyes from his point of view, and, in
the argument of his case, gave clear expression and consistent
characterization to his nature and to his partisan views in their
relations to the history of the case. We have seen his clients sit
listening to the story of their own lives and conduct, held off in
artistic relief and in dramatic relation, with tears running down
cheeks which had not been moistened by the actual events themselves,
re-presented by his arguments in such coloring and perspective.
As a part of this power of merging his own individuality in that of
his client was his absolute freedom from egotism, conceit,
self-assertion, and personal pride of opinion. Such an instance is, of
course, exceptional. Nearly all the eminent jury-lawyers we have
known have been, consciously or unconsciously, self-asserting, and
their individuality rather than that of their clients has been
impressed upon juries. An advocate with a great jury-reputation has
two victorie
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