ROUGH SKETCHES.
The sun drank up the waters out of Jefferson, and the almanac brought
the day for the May term of the Court for Ashtabula county; came
the Judge, the juries and unfortunate parties; came also some twenty
lawyers, from the various points of North-eastern Ohio. It was to be
a great time for our young students. Bart had seen the Court once or
twice at Chardon, and had heard the advocates in the famous case of
Ohio _vs._ Joe Smith, the Mormon Prophet, for conspiring to murder
Newell, and came to know some of them by name and sight. The same
judge presided on that trial as in the present court--Judge Humphrey.
Bart was much interested of course in the proceedings, and observed
them attentively from the opening proclamation, the calling and
swearing of the grand jury, calling of the calendar of cases, etc.
Much more interested was he in Case's graphic sketches of the members
of the bar, who hit them off, well or ill, with a few words.
"That elderly man, shortish, with the soft, autumn-like face, is
Elisha Whittlesey, sixteen years in Congress; where he never made a
speech, but where he ranks with the most useful members: sober colors
that wear. He was a good lawyer, and comes back to practice. The old
men will employ him, and wonder why they get beaten."
"That brisk, cheery, neat man by his side is Norton--lively, smirky
and smiling--you see the hair leaves the top of his head, to lay
the fact bare that there is not much there; and just why that snubby
little nose should perk itself up, I can't tell, unless to find out
whether there really is anything above it. He has quite a reputation
with juries, and a tendency to bore, sometimes in very dry places, for
water, and usually furnishes his own moisture. When he isn't damp he
is funny. They both live in Canfield."
"Who is that fine-looking, fine-featured, florid man?"
"That is Crowell, from Warren. Mark him and see how studied are all
his motions. He tears up that paper with an air and grace only reached
by long and intense practice and study. He is a little unpopular, but
is a man of ability, and is often effective with a jury. The trouble
is, his shadow is immense, and falls all about him on every thing, and
he sees every thing through it."
"That young, dark-eyed handsome man is Labe Sherman, admitted last
year. He and Ranney are the two young men of the democracy; but there
is enough of Ranney to make two of him. He is a fine advocate."
"Look at that tall, rather over-dressed, youngish man."
"The one with weak, washed-out gray eyes?"
"Yes."
"Does he know anything?"
"Not a devilish thing. His strong point, where he concentrates in
force, is his collar and stock; from that he radiates into shirt
bosom, and fades off into coat and pants. Law! He don't know the
difference between a bill in Chancery and the Pope's Bull. Here's
another knowledge-cuss. He's from Warren--McKnight. His great effort
is to keep himself in--to hold himself from mischief, and working
general ruin. He knows perfectly well that if he should let himself
loose in a case, in open court, the other side would stand no chance
at all; and his sense of right prevents his putting forth his real
power. It would be equal to a denial of justice to the other side."
"An instance where the severity of the law is tempered and modified by
equity," remarked Bart.
"Exactly."
"Who is that man on the left of Bowen, and beyond, with that splendid
head and face, and eyes like Juno, if a man can have such eyes?"
"That is Dave Tod, son of old Judge Tod, of Warren. Two things are in
his way: he is a democrat, and lazy as thunder; otherwise he would be
among the first--and it will do to keep him in mind anyway. There is
some sort of a future for him."
"Here's another minister of the law in the temple of justice--that man
with the cape on. He always wears it, and the boys irreverently call
him Cape Cod--Ward of Connaught. He puts a paper into the clerk's
office and calls it commencing a suit. He puts in another and calls it
a declaration. If anybody makes himself a party, and offers to go to
trial with him, and nobody objects, he has a trial of something,
at some time, and if he gets a verdict or gets licked it is equally
incomprehensible to him, and to everybody else.
"There are Hitchcock and Perkins, of Painesville, whom you know. What
great wide staring eyes Hitchcock has: but they look into things. And
see how elegantly Perkins is dressed. I'd like to hear Frank Wade on
that costume--but Perkins is a good lawyer, for all that. Look at
that stout, broad, club-faced man--that's old Dick Matoon. You see
the lower part of his face was made for larger upper works; and after
puckering and drawing the under lip in all he can, he speaks in a
grain whistle through an opening still left, around under one ear. He
knows no more law than does necessity; but is cunning, and acts upon
his one rule, 'that it is always safe to continue.'
"Here is a man you must get acquainted with; this dark swarthy man
with the black eyes, black curling hair, and cast-iron face, sour and
austere. That is Ned Wade, Frank's younger brother, and one of the
pleasantest and best-hearted men alive. He has more book than Frank,
and quite as much talent, and will hammer his way towards the front."
"Who is that little, old, hump-backed, wry-necked chap hoisting his
face up as if trying to look into a basket on his shoulder?"
"That? That is the immortal Brainard, of Unionville. He is the Atlas
who has sustained the whole world of the law-on his back until he has
grown hump-backed; and that attitude is the only way in which he can
look into the law on his back, as you remark.
"And there is Steve Mathews, mostly legs. His face begins with his
chin, and runs right up over the top of his head; that head has no
more brains inside than hair out. You see that little knob there in
front? Well, that was originally intended for a bump, and, as you see,
just succeeded in becoming a wart. Ranney suggested to him at the last
term that the books were all against his straddling about the bar, as
he always does."
"That smallish man with the prominent chin and retreating forehead, is
Horace Wilder, one of the best men at the bar. You see he is pleasant
and amiable. He is a good lawyer, and give him a case which involves a
question of morals and he develops immense power."
"Who is that dark, singular-looking young man, with full beard and
open throat? Is he a lawyer?"
"That," said Case, sadly, "is Sartliff, the most brilliant intellect
our region has produced; full of learning, full of genius and strange
new thoughts! He is a lawyer, and should equal Daniel Webster."
"What is the matter with him?"
"God only knows! men call him crazy. If he is, the rest of us never
had intellect enough to become crazy. Look at his dress; he wears a
kind of frock, tied with a hay rope, and is barefoot, I presume. Some
strange new or old idea has taken possession of him to get back to
nature. If he keeps on he will become crazy. I must introduce you; he
and you will like one another."
"Because I am crazy, too?" laughing.
"Because you have some out-of-the-way notions, Bart, and I want you
should hear him. He will make you feel as if you were in the visible
presence of the forces of nature. He knew your brother well and liked
him."
"Where does he live?"
"Nowhere! He remains in the open air when he can, day and night;
drinks water and eats roots and herbs; sometimes a little plain
bread--never meat. He was formerly vigorous, as you see, he is now
thin and drooping."
"Has he had any unusual history, any heart agony?"
"None that I ever heard of; nor was he particularly poetic or
imaginative. He does not attempt any business now; but goes and comes
with lawyers, the most of whom now avoid him. He has brothers,
able and accomplished men, and whom he usually avoids. He commenced
business with Giddings, with a brilliant opening, ten years ago."
The calendar was finished, a jury sworn in a case, and the court
adjourned.
How closely the young men watched the proceedings of the court, all
the trials and points made, and the rulings, and how stripped of
mystery seemed the mere practice, as at that time in Ohio it really
was. Wise men had taken the best of the old common law practice, and
with the aid of judicious legislation and intelligent courts, had got
about the best it was capable of.
Bart managed to make himself useful and do himself some good on one
occasion. Ranney had taken a position in a case, on a trial of some
importance, on which the court was apparently against him. Bart had
just gone over with it, in a text-book, and in a moment brought it in,
with the case referred to, and received, as men often do, more credit
than he was entitled to, Ranney carried his point, and could afford to
be generous.