Part 39 (1/2)
Not far aas the old castle of Dunstaffnage, which in its prime had been the scene of innues to Scottish annals Within the enclosure of the old castle sleeps the dust of long ago kings--the veritable grave of Macbeth being readily pointed out to inquiring travellers
The conversation around the hearthstone of my host turned to the famous island of the Inner Hebrides, Iona, with its wonderful history reaching back to the sixth century The ruins of the old itive Saint, Colus of Norway, Ireland, and Scotland rest within these ancient walls, and it is gratifying to know that here even the ill-fated Duncan
”After life's fitful fever sleeps well”
It would have been passing strange, with host and guests all of Scottish lineage, if there had been no mention of Robbie Burns, for in old Scotia, whether in palace or hovel, the one subject that never tires is the ”ploughhtly A of ical operation” to find appropriate lodgment
Senator Beck of Kentucky was a Scotch nothing, either of the brawn, brain, or brogue, of the ifted of that race It is needless to say he was a lover of Burns Froarnered in his memory--to be rolled out in rich, melodious measure at the opportune moment The close friend and associate of Senator Beck, when the cares of State were for a ti season at its best, was ”old Smith,” superintendent of the Botanical Gardens, also a Scotchree a devotee of Burns The bond of union between the man of flowers and the Kentucky statesman was complete
Now, it so fell out that a newly elected member of the House, frouished colleague of the Senate, and requested a note of introduction to the superintendent of the Botanical Gardens, as he wished to procure some flowers to send a lady constituent then in the city ”Certainly, certainly,” replied the ever-obliging stateshtedwith the letter in hand, Senator Beck remarked, in his peculiarly snappy Scotch accent, ”Now, Toreat adive you all the flowers in the conservatory” The member, who knew as little of Burns as he did of the ”thirty-nine articles,”
departed in high feather
Al his letter, he was received with great cordiality by the superintendent and assured that any request of Senator Beck would be cheerfully granted Just as he was reaching out for the fragrant bouquet the superintendent was graciously presenting, the closing words of the Senator were indistinctly recalled, and in ano small measure of self-confidence, the reat admirer of your countryman, _Jimmy_ Burns” ”Jimmy Burns! Jinant Scotchman, _”Jimmy_ Burns! _Depart instantly, sir!”_
Theno thought of the flowers; delighted--as he often asservated--to have escaped even with his life
XLIX ANECDOTES OF LAWYERS
JUDGE BALDWIN'S BOOK, ”THE FLUSH TIMES”--DEFENDANT'S COUNSEL ASKS ONE QUESTION TOO MANY--CIRcumSTANTIAL EVIDENCE AGAINST A CARD-PLAYER --JOHN RANDOLPH'S REVENGE--HORACE GREELEY NOT A MINISTER OF THE GOSPEL--A CANDIDATE'S QUALIFICATIONS FOR SCHOOL-TEACHING--THE AUTHOR OF ”DON'T YOU REMEMBER SWEET ALICE, BEN BOLT?”--A CANDIDATE'S POSITION WITH REGARD TO THE MAINE LAW--GOVERNOR TILDEN'S POPULARITY --MR TRAVERS MISSES A PORTRAIT--A CANDIDATE FOR HOLY ORDERS TELLS A BIBLE STORY
No better place can be found for studying thatof all subjects, Man, than in our courts of justice Indeed, what a readable book that would be which related the best things which have occurred at the bar!
Judge Baldwin conferred an inesti upon our profession when he wrote ”The Flush Ti as there is a lawyer left on earth
To two generations of our craft this book has furnished agreeable and delightful entertainment To the practitioner ”shattered with the contentions of the great hall,” its pages have been as refreshi+ng as the oasis to the travel-stained pilgri his associate upon the supree Baldas one of the htful men he had ever known, and certainly he must have been to have written ”Cave Burton,” ”My First Appearance at the Bar,” ”A Hung Court,” and ”Ovid Bolus, Esq, Attorney-at-law and Solicitor in Chancery”
Al --so in the way of brilliant witticisms or repartee that should not be wholly lost Of the race of old-time lawyers--of which Mr Lincoln was the splendid type--but few remain Of the survivors, I know of no better representative than Proctor Knott of Kentucky The possessor of ability of the highest order, and of splendid attainments as well, he is of all men the best story-teller this country of ours has known Aress have been men from every section and of exalted public station For some of the incidents to be related I areater if the stories could be retold in one by, and upon occasions never to be forgotten when they fell froarner up and hand down soeneration of lawyers now passing, I would feel that I had, in soation that Lord Bacon says, ”every man owes to his profession”
ONE QUESTION TOO MANY
What lawyer has not, at some time, in the trial of a case asked just _one question_ toothat line of inquiry than the following related by Governor Knott
He was attending the Circuit Court in one of the Green River counties in Kentucky, when the case of the ”Commonwealth _versus_ William Jenkins” was called for trial The aforesaid Willia bitten off the ear of the prosecuting witness
Fairly strong but by no iven when the State ”rested”
A lawyer of the old school, who still carried his green bag into Court, and who never wearied of telling of his conflicts at the bar with Grundy, Holt, and Ben Hardin, in their palmiest days, was retained for the defence His chief witness was Squire Barnhouse, who lived over on the ”Rolling Fork” He was the istrate for his precinct, deacon in the church, and the recognized oracle for the neighborhood Upon direct examination, in the case _at bar,_ he testified that ”he knowed the defendant William Jenkins; had knowed him thirty year or more; knowed his father and eneral reputation of the defendant, as to his being ”a peaceable and law-abiding citizen,” he was found to be all that could be reasonably desired
Squire Barnhouse was then asked whether he was present at the Caney Fork ed that the defendant had bitten off the ear of the prosecuting witness It turned out that he was present Further questioned as to whether he had paid particular attention to the fight, he replied that he did; that he ”had never seed Billy in a fout before, and he had a kind of family pride in seein' how _he would handle himself”_ Further questioned as to whether he saw the defendant bite off the ear of the prosecuting witness he replied, ”No, sir, nothin' uv the kind, nothin' uv the kind”
This was followed by the inquiry as to whether his opportunities were such that he would most probably have seen it, if it had occurred
”In course I would, in course I would,” was the emphatic reply
The witness was here turned over to the Commonwealth's attorney, who declined to cross-exa the stand when in an evil hour it occurred to defendant's counsel to ask one question more