confuse, baffle, and bewilder a witness, or involve him in
self-contradiction. Adopting a quiet, gentle, and straightforward,
though full and careful examination, winning the good-will of the
witness, and inspiring confidence in the questioner, Mr. Paine has been
far more successful in extracting the truth, even from reluctant lips,
than the most artful legal bully. He knows that the manoeuvres and
devices which are best adapted to confuse an honest witness, are just
what the dishonest one is best prepared for. It was not for all the
blustering violence of the tempest, that the traveler would lay aside
his cloak. The result was brought about by the mild and genial warmth of
the sun.
Few advocates have had more success with juries than the subject of this
sketch. The secret of this success has been, not more the admirable
lucidity and cogency of his addresses, than the confidence and trust
with which his reputation for fairness and truthfulness, and his
evident abhorrence of exaggeration, have inspired his hearers. Another
explanation is, that he has avoided that rock on which so many advocates
wreck their cases,--prolixity. Knowing that, as Sir James Scarlett once
said, when a lawyer exceeds a certain length of time, he is always doing
mischief to his client,--that, if he drives into the heads of the jury
unimportant matter, he drives out matter more important that he had
previously lodged there,--Mr. Paine has taken care to press home the
leading points of his case, giving slight attention to the others.
That Mr. Paine has been animated in the pursuit of his profession by
higher motives than those which fire the zeal of the mere "hired master
of tongue-fence," is shown by the comparative smallness of his fees,
especially in cases exacting great labor. Great as has been his success
in winning verdicts, and sound as have been his opinions, it is doubtful
whether there is another lawyer living of equal eminence, whose charges
for legal service have been so uniformly moderate.
Reference has been made to Mr. Paine's wit. Several striking examples
might be cited; but two must suffice. Some years ago, when he was County
Attorney, a man who had been indicted in Kennebec County for arson, was
tried, and acquitted by the jury on the ground that he was an _idiot_.
After the trial, the Judge before whom the case had been tried, sought
to reconcile Mr. Paine to the verdict by some explanatory remarks. "Oh,
I'm quite satisfie
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