sometimes imagined that eloquent oratory is everything required of
a good advocate, and certainly this idea must have been uppermost in the
minds of the young American counsel who figure in the following stories.
A Connecticut lawyer had addressed a long and impressive speech to a
jury, of which this was his peroration: "And now the shades of night had
wrapped the earth in darkness. All nature lay clothed in solemn thought,
when the defendant ruffians came rushing like a mighty torrent from the
mountains down upon the abodes of peace, broke open the plaintiff's
house, separated the weeping mother from the screeching infant, and
carried off--my client's rifle, gentlemen of the jury, for which we
claim fifteen dollars."
There was good excuse for adopting the "high-falutin" tone in the
second instance, that it was the lawyer's first appearance. He was
panting for distinction, and determined to convince the Court and jury
that he was "born to shine." So he opened: "May it please the Court and
gentlemen of the jury--while Europe is bathed in blood, while classic
Greece is struggling for her rights and liberties, and trampling the
unhallowed altars of the bearded infidels to dust, while the chosen few
of degenerate Italy are waving their burnished swords in the sunlight of
liberty, while America shines forth the brightest orb in the political
sky--I, I, with due diffidence, rise to defend the cause of this humble
hog thief."
And this extract from a barrister's address "out West," some fifty years
ago, surely could not fail to influence the jury in his client's behalf.
"The law expressly declares, gentlemen, in the beautiful language of
Shakespeare, that where a doubt of the prisoner exists, it is your duty
to fetch him in innocent. If you keep this fact in view, in the case of
my client, gentlemen, you will have the honour of making a friend of him
and all his relations, and you can allus look upon this occasion and
reflect with pleasure that you have done as you would be done by. But
if, on the other hand, you disregard the principles of law and bring him
in guilty, the silent twitches of conscience will follow you all over
every fair cornfield, I reckon, and my injured and down-trodden client
will be apt to light on you one of these dark nights as my cat lights on
a saucerful of new milk."
* * * * *
In a rural Justice Court in one of the Southern States the defendant in
a case was sent
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