CHAPTER XXXVII

RECOLLECTIONS OF THE WORCESTER BAR

The Worcester Bar, when I came to it, was much like a class

of boys in college. There was rivalry and sharp practice

in some cases, and roughness of speech toward each other and

toward witnesses and parties. But in the main, the lawyers

stood by one another and were ready to help each other in

trouble, and the lawyer's best and most trustworthy friends

were his associates. The Judge and the jurymen, and the lawyers

from out of town used to come into Worcester and stay at the

old Sykes or Thomas Tavern, opposite the court-house, and

at another one known as the United States Hotel, further south.

The former was kept for a good many years by an old fellow

named Sykes. He was a singular-looking person--a large head,

stout body, rather protuberant belly, and short curved legs

and very long arms. He had large heavy eyebrows, a wide mouth

and a curved nose and sallow complexion looking a good deal

like the caricatures of the Jewish countenance in the comic

newspapers. He had two sons who looked very much like him

and seemed about as old as their father. One day the three

were standing in front of his tavern when a countryman came

along who undertook to stop with his load at the front door

of the tavern. Sykes was standing there with his two sons,

one on each side of him. He did not like to have the countryman

stop his load in that spot and called out to him rather roughly,

"Move along." The fellow surveyed the group for a moment

with an amused look and complied with the order, but shouted

out to the old man: "Wal, this is the fust time I ever saw

three Jacks of Spades in one pack."

The Court sat till six o'clock and often far into the evening,

and began at half-past eight or nine. So there was no chance

for the country lawyers to go home at night. There was great

fun at these old taverns in the evening and at meal times.

They insisted generally, like Mrs. Battles in whist, on the

rigor of the game, and the lawyer had to look sharp after

his pleadings or he found himself tripped up. The parties

could not be witnesses, nor could any person interested in

the result of the trial. So many a good case, and many a

good defence failed for want of the legal evidence to make

it out. But the whole Bar and the public seemed to take an

interest in important trials. People came in from the country

round with their covered wagons, simply for the pleasure of

attending Court and seeing the champions contend with each

other. The lawyers who were not engaged in the case were

always ready to help those who were with advice and suggestion.

It used to be expected that members of the Bar would be in

the court-house hearing the trials even if they were not engaged

in them. That was always an excuse for being absent from

the office, and their clients sought them at the court-house

for consultation. I cannot but think that the listening to

the trial and argument of causes by skilful advocates was

a better law school than any we have now, and that our young

men, especially in the large cities, fail to become good advocates

and to learn the art of putting in a case, and of examining

and cross-examining witnesses, for want of a constant and

faithful attendance on the courts.

In those old times, our old lawyers, if Charles Lamb had

known them and should paint them, would make a set of portraits

as interesting as his old Benchers of the Inner Temple. Old

Calvin Willard, many years sheriff of Worcester, would have

delighted Elia. He did not keep the wig or the queue or the

small-clothes of our great-grandfathers, but he had their

formal and ceremonial manners in perfection. It was like

a great State ceremonial to meet him and shake hands with

him. He paused for a moment, surveyed you carefully to be

sure of the person, took a little time for reflection to be

sure there was nothing in the act to compromise his dignity,

and then slowly held out his hand. But the grasp was a warm

one, and the ceremony and the hand-shake conveyed his cordial

respect and warmth of regard. He always reminded me of the

Englishman in Crabbe's "Tales" who, I think, may have been

his kinsman.

The wish that Roman necks in one were found

That he who formed the wish might deal the wound,

This man had never heard. But of the kind

Is the desire which rises in his mind.

He'd have all English hands, for further he

Cannot conceive extends our charity,

All but his own, in one right hand to grow;

And then what hearty shake would he bestow.

Mr. Willard was once counsel before a magistrate in a case

in which he took much interest. A rough, coarse country

lawyer was on the other side. When Willard stated some legal

proposition, his adversary said: "I will bet you five dollars

that ain't law." "Sir," said Mr. Willard, drawing himself

up to his full height, with the great solemnity of tone of

which he was master: "Sir, I do not permit myself to make

the laws of my country the subject of a bet."

Another of the old characters who came down to my time from

the older generation was Samuel M. Burnside. He was a man

of considerable wealth and lived in a generous fashion, dispensing

an ample hospitality at his handsome mansion, still standing

in Worcester. He was a good black-letter lawyer, though without

much gift of influencing juries or arguing questions of law

to the Court. He was a good Latin scholar, very fond of Horace

and Virgil, and used to be on the committees to examine the

students at Harvard, rather disturbing the boys with his somewhat

pedantic questioning. He was very nearsighted, and, it is

said, once seized the tail of a cow which passed near him

in the street and hurried forward, supposing some woman had

gone by and said, "Madam, you are dropping your tippet."

One of the most interesting characters among the elders of

the Worcester Bar was old Rejoice Newton. He was a man of

excellent judgment, wisdom, integrity and law learning enough

to make him a safe guide to his clients in their important

transactions. He was a most prosaic person, without sentiment,

without much knowledge of literature, and absolutely without

humor. He was born in Northfield near the banks of the Connecticut

River and preserved to the time of his death his love of rural

scenes and of farming. He had an excellent farm a mile or

two out of town, where he spent all the time he could get

from his professional duties. He was associated with Chief

Justice Shaw in some important cases, and always thought that

it was due to his recommendation that Governor Lincoln appointed

the Chief Justice--a suggestion which Governor Lincoln used

to repel with great indignation. The Governor was also a

good farmer, especially proud of his cattle. Each of them

liked to brag of their crops and especially of the produce

of their respective dairies. Governor Lincoln was once discoursing

to Devens and me, in our office, of a wonderful cow of his

which, beside raising an enormous calf, had produced the cream

for a great quantity of butter. Mr. Devens said: "Why, that

beats Major Newton's cow, that gave for months at a time some

fifteen or eighteen quarts at a milking." "If Brother Newton

hears of my cow," said Governor Lincoln, "he will at once

double the number of quarts." The old Major was quite fond

of telling stories, of which the strong points were not apt

to suffer in his narration. One Fourth of July, when he had

got to be an old man, he came down street and met a brother

member of the Bar, who took him up into the room of the Worcester

Light Infantry, a Company of which the Major's deceased son

had long ago been the Captain. The members of the Company

were spending the Fourth with a bowl of punch and other refreshments.

The Major was introduced and was received with great cordiality,

and my friend left him there. The next day my friend was

going down street and met the Captain of the Light Infantry,

who said: "That was a very remarkable old gentleman you brought

into our room yesterday. He stayed there all the forenoon,

drinking punch and telling stories. He distinctly remembered

General Washington. He went home to dinner, came back after

dinner, drank some more punch, and remembered Christopher

Columbus."

The old Major was once addressing the Supreme Court and maintained

a doctrine which did not commend itself to Chief Justice Shaw.

The Chief Justice interposed: "Brother Newton, what is the

use of arguing that? We have held otherwise in such a case

(citing it) and again and again since." The Major paused,

drew his spectacles slowly off his nose, and said to the Court

with great seriousness: "May it please your Honors, I have

a great respect for the opinions of this Court, except in

some very gross cases."

A man by the name of Lysander Spooner, whose misfortune it

was to be a good deal in advance of his age, the author of

a very clever pamphlet maintaining the unconstitutionality

of slavery, also published some papers attacking the authenticity

of Christian miracles. In these days of Bob Ingersoll such

views would be met with entire toleration, but they shocked

Major Newton exceedingly, as they did most persons of his

time. Spooner studied for the Bar and applied to be admitted.

He was able to pass an examination. But the Major, as _amicus

curiae,_ addressed the Court and insisted that Spooner was

not a man of proper character, and affirmed in support of

his assertion that he was the author of some blasphemous attacks

on Christianity. The result was that Spooner's application

was denied. The Court adjourned for dinner. It was the day

of the calling of the docket, and just before the Judge came

in in the afternoon, the whole Bar of Worcester County were

assembled, filling the room. The Major sat in a seat near

one of the doors. He had dined pretty heavily, the day was

hot and the Major was sleepy. He tipped back a little in

his chair, his head fell back between his shoulders and his

mouth opened, with his nose pointed toward the zenith. Just

then Spooner came in. As he passed by the Major, the temptation

was irresistible. He seized the venerable nose of the old

patriarch between his thumb and finger, and gave it a vigorous

twist. The Major was awakened and sprang to his feet, and

in a moment realized what had happened. He was, as may be

well supposed, intensely indignant. No Major in the militia

could submit to such an insult. He seized his chair and hurled

it at the head of the offender, but missed, and the bystanders

interposed before he was able to inflict the deserved punishment.

The Major lived to a good old age. His mental faculties

became somewhat impaired before he died. He had great respect

for his excellent son-in-law, Colonel Wetherell, who was on

Governor Andrew's staff during the War, and thought that anything

which ought to be accomplished could be accomplished by the

influence of the Colonel. Somebody told him during the hardest

part of the war that we ought to bend all our energies to

the capture of Richmond. If Richmond were to fall the rebellion

would be easily put down. "You are quite right, sir," said

the Major. "It ought to be done, and I will speak to Colonel

Wetherell about it." But everybody who knew the worthy Major,

unless it were some offender against justice, or some person

against whose wrong-doing he had been the shield and protector

to a client, liked the kindly, honest and sturdy old man.

He was District Attorney for the district which included Worcester

County--an office then and ever since held by admirable lawyers.

He prided himself on the fact that he never drew an indictment

which was not sustained by the Court, if it were questioned.

He liked to recite his old triumphs. He especially plumed

himself on his sagacity in dealing with one case which came

before him. A complaint was made of a book well known at

that time, the memoirs of a dissolute woman, which was full

of indecency, but in which there could not be found a single,

separate indecent sentence or word. The Major was at a loss

for some time what to do in indicting it. If he set forth

the whole book, it would give it an immortality on the records

of the court which perhaps would be worse for the public morals

than the original publication. Finally he averred in the

indictment that the defendant had published a book so indecent

that it was unfit to be spread on the records of the court.

The question went up to the Supreme Court and the indictment

was held good. It was difficult for the Court or the jury

to find that such a book was fit to be spread on the records

of the Court, and the Major secured his victory and convicted

his criminal.

One of the bright young lawyers who came to the Bar a few

years after I did, was Appleton Dadmun. He died of consumption

after a brief but very successful career. He was the very

type and embodiment of the Yankee countryman in his excellencies

and his defects and in his fashion of speech and behavior.

He was a graduate of Amherst College. The only evidence I

ever discovered of his classical education was his habit of

using the Greek double negative in ordinary English speech.

He used to employ me almost always as senior when he had a

case to argue to a jury, or an important law argument in Court.

He would put off the engagement until just as the case was

coming on. He used to intend to try his cases himself. But

his heart, at the last moment, would fail him. He was as

anxious about his clients' cases as if they were his own.

He was exceedingly negligent about his pleadings and negligent

in the matter of being prepared with the necessary formal

proofs of facts which were really not doubtful but which

were put in issue by the pleadings. When I was retained

my first duty was to prepare an amendment of the declaration

or the answer or plea, or, perhaps, to see whether he had

got the attesting witness to prove some signature. But when

we had got past all that I used to find that he had prepared

his evidence with reference to what was the pinch of the

case of what was likely to be finally the doubtful point in

the mind of court or jury with infinite sagacity and skill.

I have rarely known a better judge of the effect of evidence

on the mind of ordinary juries. He took his clients into his

affection as if they had been his own brethren or children,

and seemed always to hate to be compelled to make any charge

for his services, however successful.

He had a pleasant wit. On one occasion a member of the bar

named Holbrook, who was not a bad fellow, but had, like the

rest of the world, some peccadilloes to repent of, came into

the Court-house one morning just as the Court was coming in

where the lawyers were gathered. Much excited, he said he

was riding into Worcester in a chaise from the neighboring

town where he spent his nights in the summer. His horse had

run away and tore at a terrible rate down Main Street, swinging

the chaise from one side to the other as he ran, and breaking

some part of the harness and perhaps one of the shafts. But

at last he had contrived to crawl out through the window behind

in the chaise top and hold on to the cross-bar. Letting himself

down just as the chaise had got to the extremity of its sway

from one side to another, he let go and escaped without injury.

But, he said, it was a terrible five minutes. Every action

of his life seemed to rush through his memory with the swiftness

of a torrent. "You ought to have very heavy damages, sir,"

said Mr. Dadmun.

Another of the brightest of the young lawyers when I came

to the Bar was H. He had, however, had rather an unfortunate

introduction to life. His father, who was a very wealthy

and prosperous manufacturer, sent him to Yale College and

supplied him liberally with money, not only for his support,

but for the indulgence of every extravagant taste. Beside

spending what his father allowed him, he incurred a good many

debts, expecting to find no difficulty in their payment. His

father failed in business with a great crash about the end

of his junior year and died suddenly. He kept on, however,

on credit, until he graduated and then came out with a heavy

load of debt, and no resources for studying his profession.

He got thorough, however, by dint of plausible manners. He

was a very honest fellow in other respects, but he got the

habit of incurring debts which he could not pay. Then he

took to drinking hard, and finally went to New York, and died

after a career of dissipation. But everybody liked him. Drunk

or sober, he was the best company in the world, full of anecdote

flavored with a shrewd and not ill-natured wit. There was a

manufacturer in a village near Worcester who had failed in

business owing large debts all about. He was a man of enormous

bulk, the fattest man in the whole region round-about, weighing

considerably over three hundred. He left the State to avoid

his creditors, and dwelt in New York, keeping himself out

of their reach. At last it was discovered by a creditor that

he used to come to Worcester in the train which arrived from

New York on the Western Railroad shortly before midnight Saturday,

go over to his old home, which was not far off, stay there

Sunday, when he was exempt from arrest, and take the cars

Sunday night at about the same hour for New York. Accordingly

old Jonathan Day, a veteran deputy-sheriff, armed with an

execution, lay in wait for him one dark and stormy Saturday

night at the little old wooden depot of the Western Railroad,

some hundred or two feet from Grafton Street. The train

came in, and the debtor got out. The old General laid his

hands on him, and told him he was his prisoner. He protested

and demurred and begged, making all manner of promises to

pay the debt if the officer would not take him to jail. But

Day was inexorable. Meantime the train had gone on, and the

keeper of the depot had put out the lights and gone off. There

was nobody left in the darkness but the officer and the debtor.

"Well," said the fellow, "if you are going to take me to jail

you must carry me. I won't walk." So he sat himself down

on the platform. Day tried to persuade him to walk, and then

tugged and tugged at his collar, but without the slightest

effect. He might as well have tried to move a mountain. He

waited in a good deal of perplexity, and at last he heard

the rattle of wheels on Grafton Street, and gave a loud yell

for assistance. The owner of the wagon came to the scene.

General Day demanded his help as one of the posse comitatus.

But it was as hard to the two to move the obstruction as it

had been for the old General alone. So the General put the

debtor in charge of his new recruit, and went off up street

to see what counsel he could get in the matter. All the lights

in the lawyers' offices and places of business were out except

a solitary gleam which came from the office of my friend

H. He was sitting up alone, soaking himself with the contents

of a bottle of brandy. General Day found him sitting there

and stated his case. My friend heard it through, took it

into consideration, and took down and consulted the Revised

Statutes and the Digest. At last he shook his head with an

air of drunken gravity and said: "I don't find any express

provision anywhere for such a case. So I think we must be

governed by the rule of law for the case nearest like it we

can find. That seems to be the case of the attachment of

personal property, such as lumber, which is too bulky to be

removed. My advice to you is to put a placard on him saying

he is attached, and go off and leave him till Monday morning."

When I was a young man, one summer a few years after my admission

to the Bar, I took a journey on foot with Horace Gray through

Berkshire County. We started from Greenfield and walked over

the Hoosac Mountain to Adams and Williamstown, then over the

old road to Pittsfield, then to Stockbridge, Great Barrington,

and the summit of Mt. Washington, now better known as Mt.

Everett or Taghsomi; thence to Bashpish Falls in New York,

and to the Salisbury Lakes in Connecticut. We visited many

interesting places and enjoyed what has always seemed to me

the most beautiful scenery on earth.

There were one or two quite ludicrous adventures. I went

alone to the top of Bald Mountain in Lenox one day. Gray

had been there and preferred to visit a neighboring hilltop.

As I approached the summit, which was a bare pasture, I came

upon a powerful bull with a herd of cattle near him. He began

to bellow and paw the ground and move toward me in angry fashion.

There was no chance for any place of refuge which I could

hope to gain. I looked around for some rock or instrument

of defence. It was, I think, the most imminent danger to

which I have ever been exposed. I was calculating my capacity

for dodging the creature when suddenly a sound like a small

clap of thunder was heard. The rest of the herd, which seemed

quite wild, seeing the approach of a stranger, had taken alarm

and started off down the hillside on a full run, their rushing

and trampling causing the earth to reverberate beneath their

tread and produce the sound of which I have just spoken.

The old bull hearing the sound and seeing his companions

departing concluded he would follow their example. He turned

tail too, and retreated down the mountain side, much to my

relief.

On our walk through Lanesboro we stopped at a plain country

tavern to get lunch. There were several codgers such as in

those days used to haunt country bar-rooms about eleven o'clock

in the morning and four o'clock in the afternoon. Sitting

in an old wooden chair tilted back against the wall of the

room was one of them curled up with his knees sticking up

higher than his head. He looked at Gray's stately proportions

and called out: "How tall are you?" Gray, who was always

rather careful of his dignity, made some brief answer not

intended to encourage familiarity. But the fellow persisted:

"I would like to measure with you." Gray concluded it was

best to enter into the humor of the occasion. So he stood

up against the wall. The other man proceeded to draw himself

up out of the chair, and unroll, and unroll, and unroll until

at last his gigantic stature reached up almost as high as

Gray's. But he fell short a little. I learned, later, that

it was a man named Shaw who afterward became famous as a writer

and humorist under the pseudonym of Josh Billings. He was

the son of Henry Shaw, formerly of Lanesboro; at that time

a millionaire dwelling in New York, and known to fame as

one of the two Massachusetts Representatives who voted for

the Missouri Compromise in 1820. Henry Shaw was, I believe,

a native of Lanesboro, and had represented the Berkshire district

in Congress.

The person whom the Worcester lawyers of this time like best

to remember was Peter C. Bacon. He was the Dominie Sampson

of the Worcester Bar. I suppose he was the most learned man

we ever had in Worcester, and probably, in Massachusetts.

He was simple and guileless as a child; of a most inflexible

honesty, devoted to the interest of his clients, and an enthusiastic

lover of the science of the law. When, in rare cases, he

thoroughly believed in the righteousness of his case, he was

irresistible. But in general he was full of doubts and hesitation.

He was, until he was compelled to make his arguments more

compact by the rules of court limiting the time of arguments,

rather tedious. He liked to go out into side-paths and to

discourse of matters not material to the issue but suggested

to him as he went along. He had a curious fashion of using

the ancient nomenclature of the Common law where it had passed

out of the knowledge even of most lawyers and the comprehension

of common men. He would begin his appeal to the jury in some

case where a fraud had been attempted on his client, by saying,

"Gentlemen, the law abhorreth covin." He was a lawyer everywhere.

His world was the Court-house and his office. I met him in

the street, of a Sunday noon, one summer and said to him,

"Why, Brother Bacon, you must have had a long sermon to-day."

"Oh," Mr. Bacon said, "I stayed to the Sunday-school. I have

a class of young girls. It's very interesting. I've got

'em as far as the Roman Civil Law."

Mr. Bacon could seldom be made angry by any incivility to

himself. But he resented any attempt to deprive a client,

however much of a n'er-do-well he might be, of all the rights

and forms of a legal trial. He was also much disturbed if

any lawyer opposed to him misstated a principle of law, who

ought, in his judgment, to know better. I was once trying

a case against him and his partner, Judge Aldrich, where General

Devens was my associate. Devens was summing up the case,

and complaining of the conduct of some parties interested

in the estate of a deceased person. One of them was a son

of a deceased niece. There being no children, under our law,

the nephews and nieces inherit, but not the children of deceased

nephews or nieces, when there are living nephews or nieces.

General Devens, not having in his mind the legal provision

at the moment, said to the jury: "The sound of the earth on

the coffin of the old lady had scarcely ceased when one of

these heirs hurried to the probate office to get administration."

Mr. Bacon rose and interrupted him with great emotion. "He

is not an heir."

"I said," Mr. Devens repeated, "one of these heirs, Mr.

A. F."

Bacon burst into tears and said again, with a broken voice:

"He is not an heir, I say, he is not an heir."

I saw the point and whispered to Devens: "An assumed heir."

"Very well," Devens said, "an assumed heir, if my friend likes

it better." Bacon replied with a "Humph" of contentment and

satisfaction, and the matter subsided. As I was walking home

from the court-house with Mr. Bacon afterward I expressed

my regret at the occurrence and told him that General Devens

had the greatest respect for him. Mr. Bacon replied: "He

had no business to say it. Aldrich told me to tell him he

had not read the 'Revised Statutes.' But I would not say such

a thing as that, sir, about any man."

But Brother Bacon had the kindliest of hearts. It was impossible

for him to bear malice or retain resentment against anybody.

When I was a youngster I was once in a case where Bacon was

on the other side. Charles Allen was my associate. It was

a case which excited great public feeling. There were throngs

of witnesses. It was tried in the middle of the terrific

heats of one of the hottest summers ever known in Worcester.

Allen, who had a power of stinging sarcasm which he much delighted

to use, kept Bacon nervous and angry through the whole trial.

At last, one afternoon, Bacon lost his patience. When the

Court adjourned, he stood up on a little flight of steps on

the outside of the Court-house and addressed the crowd, who

were going out. He said: "Charles Allen has abused me all

through this trial. He is always abusing me. He has abused

me ever since I came to this Bar. I have said it before and

I will say it again--_he is a curious kind of a man."_ This

utterance relieved Brother Bacon's wounded feelings and he

never probably thought of the matter again.

One of the great events in Bacon's life was his receiving

the degree of Doctor of Laws from Brown University, where

he was graduated. This gave infinite satisfaction to his

brethren of the Bar, who were all very fond of him. It was

at once proposed, after the old Yankee fashion in the country

when a man got a new hat or a new suit of clothes, that we

should all go down to T.'s to "wet" it. T. was the proprietor

of a house a few miles from Worcester, famous for cooking

game and trout in the season, and not famous for a strict

observance of the laws against the sale of liquor. There

was a good deal of feeling about that among the temperance

people of the town, although it was a most excellent, properly

kept house in all other respects. But the prejudice against

it of the strict teetotalers had occasioned some entirely

unfounded scandal about its management in other matters. Mr.

Bacon, when invited by the Bar to go as a guest, accepted

the invitation, but stipulated that he should have provided

for him a pint bottle of English ale. He said he was opposed,

on principle, to drinking intoxicating liquors, but his doctors

had ordered that he should drink a pint of ale every day with

his dinner. That was provided. The Bar sat down to dinner

at an early hour and the fun and frolic were kept up far into

the small hours of the night. Brother Bacon was the subject

of every speech and of every toast. He seemed to think it

was necessary for him to reply to every speaker and toast.

So he was kept on his legs a great part of the night. As

he sipped his modest tumbler of ale, Brother Dewey, who sat

next to him, would replenish it, when Mr. Bacon was not looking,

from a bottle of champagne. So at least two quart bottles

of champagne were passed into the unsuspecting Brother Bacon

through that single pint of beer. When we broke up, the host

came to ask us how we had enjoyed ourselves, and Mr. Bacon

told him he would like to know where he got his English ale,

which he thought was the best he had ever tasted in his life.

It is the only instance that I know of in modern times of

the repetition of the miracle of the widow's cruse.

Judge Thomas, then holding the Supreme Court at Worcester,

wanted very much indeed to go down with the Bar, but he thought

it would not quite do. The next morning, Mr. Bacon had to

try a libel for adultery between two parties living in the

town where the Bar had had their supper. He had had no chance

to see his witnesses, who got into town just as the Court

opened. So he had to put them on and examine them at a venture.

The first one he called was a grave-looking citizen. Mr.

Bacon asked him a good many questions, but could get no answer

which tended to help his case, and at last he said, with some

impatience: "Mr. Witness, can you tell me any single fact

which tends to show that his man has committed adultery?"

"Well, all I know about it, Squire Bacon," replied the witness,

"is that he's been seen at Charlie T.'s"--the inn where Bacon

had had his supper the night before. There was an immense

roar of laughter from the Bar, led by Judge Thomas, the ring

of whose laugh could have been heard half way across the square.

Brother Bacon, though a modest and most kindly man, used to

think he had a monopoly of the abstruser knowledge in regard

to real property and real actions. It used sometimes to provoke

him when he found a competent antagonist in cases involving

such questions. There was a suit in which Bacon was for the

demandant where a creditor had undertaken to levy an execution

of property standing in a wife's name but claimed to have

been conveyed to her in trust for the husband on consideration

paid by him. In such cases, under the Massachusetts law,

the land may be levied upon as the property of the debtor,

notwithstanding the ostensible title is in another. The wife

contested the facts. But after the bringing of the suit,

the wife died, and the husband by her death became tenant

by the courtesy. Of course his title as tenant by the courtesy

was unaffected by the previous levy, and his wife's right

to contest the demand devolved upon him. The husband and

wife had both been made parties defendant to the suit under

the Massachusetts practice. It would not do to let the creditor

get judgment. Under the advice of Mr. Nelson, afterward

Judge, one of the most learned and careful lawyers, the defendant

pleaded a special non-tenure, and the case was reported to

the full bench of the Supreme Court, where Mr. Bacon was

employed for the plaintiff. The report inaccurately said

that the defendant filed a disclaimer. Mr. Bacon made a

very learned argument to show that upon the facts the disclaimer

could not be supported, and was going on swimmingly, under

full sail. Mr. Bacon said in his argument: "If he had pleaded

non-tenure, I admit, your Honors, he would have been pretty

well off." Whereupon Judge Hoar sent for the original papers,

and looking at them read the plea, and said: "Isn't that a

plea of non-tenure?" Mr. Bacon was obliged to admit that

it was. The Chief Justice said: "Well, then, the tenant

is in the condition which you describe as being pretty well

off, isn't he, Brother Bacon?" Bacon answered with an angry

and impatient "Humph." The Chief Justice said: "Are there

any other objections to the plea, Brother Bacon?" "More than

forty, your Honor," replied Bacon indignantly, "which I should

state to you at a proper time." The Chief Justice said that

that seemed to be the proper time. But Mr. Bacon sat down

in high dudgeon, without further remark.

He was the kindliest of men, both to man and beast. I once

was at a country tavern where Bacon and I were to dine. It

was about the time of the session of the Supreme Court. I

was sitting on the veranda of the hotel waiting for dinner

to be ready, in the summer afternoon. Mr. Bacon took a little

walk, and as he came along and was passing the porch, a puppy

ran after him, came up behind, and seized his pantaloons in

his teeth, making quite a rent in them. Bacon looked round

and saw the mischief, and shook his finger at the poor dog.

I am sure he had no idea that anybody of the human species

was within hearing. The animal crouched down in great terror,

expecting a beating. Mr. Bacon paused a moment with his

uplifted finger, and addressed the cur. "Why do you try to

bite me? Why do you tear my pantaloons? Do you think I can

go through the Supreme Court without pantaloons?" With that

he left the poor dog to the reproaches of his own conscience

and took no further notice of the transaction.

I ought perhaps, as I have told this story at Brother Bacon's

expense, to tell one at my own where he came out decidedly

ahead. We were opposed in a real estate case where the other

evidence of the title was pretty strong Bacon's way, but the

ancient bounds seemed to agree with my client's theory. I

addressed the jury with all the earnestness in my power in

favor of the importance of maintaining the ancient landmarks,

quoting the curse of the Scripture on him that removed them,

and endeavored to make them see how much of the safety and

security of property depended on sticking to them in spite

of any amount of fallible human testimony. I thought I had

made a good impression. When Brother Bacon came to reply,

he told the jury about the Roman god Terminus who watched

over boundaries, and after quite an eloquent description,

he told the jury: "Brother Hoar always seems to me when he

makes this argument, which I have heard a good many times

before, to think he is the god Terminus, and that the protection

of all our modern landmarks is in his exclusive province."

The jury were very much amused. I have forgotten how the

case was decided. But I should doubtless remember if it had

been decided in my favor.

Quite late in life some of Mr. Bacon's clients, seeing that

he was out of health, and grateful for his long, faithful and

poorly paid service, made an arrangement to send him on a

journey to Europe. He was gone a little more than a year,

visiting England, France, Italy and Spain, and returning

with new vigor for another ten years of hard work. His interest

in Europe had come chiefly from the literature which he had

read in his younger days. He was not very familiar with much

English prose or poetry later than the time of Addison. In

one of his first letters in London he announced with great

satisfaction, "I have a room not far from the celebrated Westminster

Abbey mentioned in the _Spectator."_

But Brother Bacon ought not to be remembered alone, or chiefly,

for his eccentricities. He was a profound, accurate and able

jurist. The great interests of clients were safe with him.

To him the profession of the lawyer was a sacred office. I

never think of him without recalling Cicero's beautiful description

in the "De Oratore" of the old age of the great lawyer:

Quit est enim praeclarius quam honoribus et republicae muneribus

perfunctum senem posee suo jure dicere id quot apud Enium

dicit ille Pythias Apollo, se esse eum, unde sibi, si no populi

et reges, at onmnes sui cives consilium expetant;

suarum rerum incerti quos ego ope mea ex

incertis certos compotesque consili dimitto

ut ne res temere tractent turbidas.

Est enim sine dubio domus jurisconsulti totius oraculum civitatis.

Mr. Bacon lived to celebrate his golden wedding, and ended

a stainless and honored life in a ripe old age, mourned by

the whole community, of which he had been a pillar and an

ornament. His portrait hangs in the Court House where he

would have loved best to be remembered.

In my early days at the Worcester Bar there were a good many

bright men, young and old, who had their offices in the country

towns, but who tried a good many cases before juries. All

the courts for the county in those days were held in Worcester.

Among these country lawyers was old Nat Wood of Fitchburg,

now a fine city; then a thriving country town. Mr. Wood

had a great gift of story-telling, and he understood very

well the character and ways of country farmers. He used to

come down from Fitchburg at the beginning of the week, stop

at the old Sykes Tavern where the jurymen and witnesses put

up, spend the evening in the bar-room getting acquainted with

the jurymen and telling them stories. So when he had a case

to try, he was apt to have a very friendly tribunal. His

enemies used to say that he always contrived to sleep with

one juryman himself, and have his client sleep with another,

when he had a case coming on. He was quite irritable and

hasty, and would sometimes break out with great indignation

at some fancied impropriety of the other side, without fully

understanding what was going on. I was once examining a witness

who had led rather a roving and vagabond life. I asked him

where he had lived and he named seven different towns in

each of which he had dwelt within a very short time. I observed:

"Seven mighty cities claimed great Homer dead." Wood instantly

sprang to his feet with great indignation. "Brother Hoar,

I wish you would not put words into the witness's mouth."

Wood was a native of Stirling, a thinly settled country town

near the foot of Mount Wachusett. The people of that town

were nearly equally divided between the Unitarian and Universalist

congregations. Each had its meeting house fronting on the

public common or Green, as it was called. In the summer the

farmers would come to meeting from distant parts of the town,

bringing luncheon with them; have a short intermission after

the morning service, and then have a second service in the

afternoon. During the recess, in pleasant summer weather,

the men of the two congregations would gather together on

the Green, discussing the news of the town, and very often

getting into theological controversies. In the winter, they

gathered in the tavern or post-office in the same way. There

was one Universalist champion who told the gathering that he

would make any man admit the truth of Universalism in five

minutes. He was a well known and doughty champion, and the

Unitarians were rather loth to tackle him. But, one Sunday,

Lawyer Wood came home to spend the day at his birthplace,

and the Unitarians thought it was a good chance to encounter

the Universalist champion. So they accepted his challenge

and put Wood forward to meet him.

The Universalist theologian began: "You'll admit there is

a God?"

"No, I'll be damned if I do," replied Wood.

The fellow was completely non-plussed. He had got to take

up his five minutes in compelling Wood to admit the existence

of a Creator. So he was obliged to retire from the field

discomfited.

Another of our leaders at the Bar was Henry Chapin. He had

made his way from a rather humble place in life to be one

of the leaders of a very able Bar, Mayor of Worcester, and

to hold a place of large influence in the various business,

social, charitable and religious activities of the community.

He was not specially learned, specially profound or specially

eloquent. But he had a rare gift of seizing upon the thought

which was uppermost in the minds of excellent and sensible

men, country farmers, skilled workmen in the shops, business

men, expressing it in a clear and vigorous way, always agreeing

with the best sentiment of the people. This, with an unfailing

courtesy and pleasant humor and integrity of character and

life gave him great popularity. He was exceedingly happy

in short speeches at dinners or at political meetings. He

had a fund of entertaining anecdote which never seemed to

fail. He was very careful not to seem dogmatic, or to assert

himself too strongly. He would put forward his opinion with

saying, "It strikes my mind," or "It has occurred to me,"

or "I thought perhaps it was possible," or "It is my impression."

I remember once protesting before old Judge Byington against

some objection which the counsel on the other side had made

to a witness testifying to his impressions. I told the Judge

that Brother Chapin never in his life stated anything more

strongly. If you asked him if he were married, he would

say it was his impression he was. The Judge said: "Well,

we have a lawyer in Berkshire County who has the same habit.

Only if you ask him if he is married it is his impression

he isn't."

It is said that when he went to see the Siamese Twins, he

observed to the exhibitor, "Brothers, I suppose." But I

believe that story had been told before of one of the Royal

Dukes.

Mr. Chapin was nominated by the Republicans for Congress and

accepted and would have had a useful and distinguished public

life. But he became alarmed by the opposition of the Know-

Nothings and withdrew from the canvass much to the dissatisfaction

of his political friends. That ended his political aspirations.

But he was soon after appointed to the more congenial office

of Judge of Probate, which he discharged to great public satisfaction

until his lamented death.

Autobiography of Seventy Years, Vol. 1-2 · 第 37 / 40 章