e persons had failed and were
unable to pay their debts. He had filed in this case a bill of
discovery consisting of thirty or forty printed pages which included
the names of many persons who had been found to have owned the real
estate at one time or another, among them being Judge Davis.
Discovering this, and being entirely innocent of any complicity
with the party who had failed, the Judge denounced Smith in open
court for the outrage of swearing to something he did not know
anything about, and practically threw him out of court.
There was an incident characteristic of his fidelity to friendships
which I think well worth relating. It occurred when I was Governor
of Illinois. I was invited by the Agricultural Society of McLean
County to deliver an address, and went to Bloomington on the day
designated. I was called upon by Judge Davis, who resided there.
He was a very polite man, and asked me if he could not take me out
to the fair-ground. I told him I would be delighted if he would
do so. He came for me with his carriage, and on our arrival at
the grounds took me to the stand, disregarding the prearrangements
of the officials of the fair, and introduced me to the audience.
In doing so he made a speech, very complimentary to my father, but
scarcely mentioning me at all--not more than to introduce me at
the end of his eulogistic remarks. Many of the lawyers of the town
were present. I knew them all, and they were much amused at this
unusual style of introduction. And so was I. I knew, of course,
that he was a great friend of my father, and a great friend of mine
as well.
Judge Davis was elected to the Senate in 1877 to succeed General
Logan, and resigned his seat on the bench to accept the position.
He became quite fond of the Senate, and during his one term there
he was elected president _pro tempore_ of the body under somewhat
unusual conditions. The Senate at that time was almost evenly
divided between the two parties. The two senators from New York,
however (both Republicans), and Mr. Aldrich, of Rhode Island, had
been elected by their respective Legislatures, but had not taken
their seats. This gave the Democrats a temporary majority, and
the Senate proceeded to elect Senator Bayard, of Delaware, as its
president _pro tempore_. Within the next day or two, however, the
two New York senators and Senator Aldrich were admitted to their
seats; this left a majority of two for the Republicans if Davis
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