6 
 6
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 ART OF ADVOCATES 
 
 AND 
 
 PUBLIC SPEAKING 
 
 by 
 
 HON. J. W. DONOVAN 
 
 Author of 
 
 Modern Jury Trials," " Tact in Court." " Speeches and 
 Speechmaking," Etc. 
 
 Rochester, N. Y. : 
 
 Williamson Law Book Company, 
 
 1905.
 
 Entered according to the Act of Congress in the year One Thousard Nine 
 Hundred and Five by Williamson Law Book Company, of Rochester, 
 N. Y.. in the office of the Librarian of Congress, Washington, D. C.' 
 
 r
 
 PREFACE 
 
 What a young advocate or orator needs is the art to 
 start. He will gain the details by first practice. He 
 must first learn to balance himself, and " sit in lb& saddle." 
 After hearing a few scores of good advocates in actual 
 trial work, and as many scores of public SJT eeches just 
 after the War, when orators and advocates were inspired 
 by great events, and then for a dozen years dealing with 
 them in Court, I have gathered a score of their stories, 
 hits, turns, methods, and ways of winning their clients 
 and verdicts, and how they made good. 
 
 I assume that older men know how, and need no text 
 or prompting. But I know that young men stumble, 
 stammer, excuse, and fail often by not knowing how or 
 where to find cases, stories, instances with which to start 
 in, win out, and turn defeats into victory, poverty into 
 plenty, or clients into their offices. So that it is the 
 young man who must " make good " before he can hope 
 for success in Court work, or speechmaking. This com- 
 pilation is full of such practice. 
 
 J. W. D. 
 October, 1905. 
 
 767708
 
 TABLE OF CONTENTS. 
 
 CHAPTER 1. 
 
 To win in Law ; Hints ; Examples ; Little Things ; The 
 Procession; Abuse of Witness 
 
 CHAPTER n. 
 
 Cases; Rules; Samples; How Won: Methods; Events; 
 Luxury; Self-Defense : The Best Cross-Examination : 
 Lincoln's Law Work; Bide Your Time 16-42 
 
 CHAPTER III. 
 
 Abstracts of Arguments: Strange Cases; Saved by a Pic- 
 ture ; Won by a Joke ; Separating Witnesses ; His 
 First Case 42-74 
 
 CHAPTER IV. 
 PUBLIC SPEAKING. 
 
 To Speak in Public: How to Prepare ; To Find Facts; 
 Things to Say; Material: Variety: Right Start: 
 Saved by a Song 74-90 
 
 CHAPTER v. 
 
 Legends; Stories; Passages; Extracts: Starting Matter; 
 
 Variety of Topics ; How to Apply Incidents 90-108 
 
 CHAPTER VI. 
 
 Short Addresses ; Value of a Man ; Stick to It ; Save the 
 Boys: Our Opportunity: Time: Flowers on the 
 Water: Decoration Day; Ingersoll: Webster; Harri- 
 son; The World Larger 108-145
 
 ART OF ADVOCATES. 
 
 READY LAWYERS. 
 
 Ready lawyers are prepared to open a case tersely, try 
 it clearly, argue in a way to convince and persuade, and 
 so deal with their clients and the public as to increase 
 their business, and create a reputation for preparedness 
 and ability which will often call them into public duty as 
 speakers. 
 
 To speak in Pictures, reason in Allegories, instruct by 
 Examples, and leave conclusions like a painting in the 
 memory, is the purpose of this work. 
 
 Its stories are the windows of thoughts ; its legends the 
 drapery. They are selected and adapted from the Greek, 
 Latin, German, Arabian, Indian, Chinese and English. 
 
 How little, after all, can we say even to young men 
 that will shape their careers. Life is a riddle to the wise, 
 a ladder of errors to the most, an experiment to all. Not 
 like a trip across the world by land and water, but an 
 unknown journey into space, with only the past to guide 
 us into the accidents beyond. 
 
 It is only a glance that we get at our opportunities as 
 they pass. Once gone, they are gone forever. To judge 
 of the future by the past is the only lamp of experience. 
 The examples given in these hints, sketches and periods
 
 2 LAWYERS WHO SAID THINGS. 
 
 are given to encourage and inspire the young, and recall 
 some scenes to older counsel. 
 
 All law books are made up of cases tried and decided, 
 with the rules they imply or declare, more than of 
 original matter. History is a record of well-known events 
 which have happened, more than the views of the 
 historian, and compilations of adapted and original mat- 
 ter must comprise and include many known sayings, 
 cases, sketches and items which some may have read in 
 other citations. A few are repeated to show their use 
 in different connections. The central purpose is to en- 
 force their lessons, and throw light upon their meaning, 
 and if you can say: "Much of this I have read before," 
 so much the better ; but by far the greater part you have 
 never read, as the items have been saved through a 
 quarter of a century, furnished either by bright lawyers 
 and speakers in court trials, or from the history of such 
 trials and their incidents, and the writer will willingly pay 
 a "V" each for a half-dozen legends equal to "The King 
 King," "Panthea," "The Miser's Hand," or "Saved by 
 a Picture." 
 
 CHAPTER I. 
 
 To Win in Law ; Hints ; Examples ; Little Things ; The 
 Procession ; Abuse of Witnesses. 
 
 LAWYERS WHO SAID THINGS. 
 
 In a period of thirty years by the natural range of law 
 and court duty, very many bright lawyers, and some not 
 so bright, have come before my observation, and in some 
 cases made a lasting impression by a single act or
 
 ART OF ADVOCATES. 3 
 
 sentence. Starting with C. K. Davis, of St. Paul, later 
 a United States Senator, I learned his emphatic words: 
 "Never ask on cross examination what you can prove 
 without such a doubtful method." Of John VanArman: 
 "Give a jury an early, earnest, well planned theory of 
 your case while their minds are like white paper." . Of 
 John K. Porter: "Stop short when you have gained the 
 real point with a witness." Of Geo. M. Curtis: "Open 
 the minds of a jury by a picture that they must admire" 
 or, a sentence like "Creeping like a serpent in the blood 
 parting anchor from his reason." 
 
 By General Harrison, (later President), a man of 
 marvelous diction, "I have in my office an old, old like- 
 ness of the first trial by jury. It is not in a court room, 
 but out in an orchard. The weeping family surround the 
 victim in the coffin." "There are no lawyers on either 
 side." Then he built the scene in touching sentences. 
 
 And Beach in the Brinkly case, in thrilling tones, as 
 he pictured a sacred marriage, and such a picture ! Then 
 Tom Brown in his stirring sentence : "Go with me to 
 yonder Kirk Yard of an early Sunday morning. * * * 
 there see this widow and her five little children made 
 orphans by the hand of Calvin Hatfield, and there there 
 in the presence of the living and the dead, there write 
 your verdict ! 
 
 You might prefer to hear G. V. N. Lothrop say : "And 
 now, in the light of all this evidence, it seems as if the 
 walls of that bank building were lifted up, and there, by 
 the clear light of the September sun, at noonday, there 
 stands Vanderpool and there lies Herbert Fieldone the 
 victim, the other a murderer ! It is not I. It is not you 
 who would convict him. It is the hard facts, and circum- 
 stances that point to Vanderpool as the murderer, and 
 point to nobody else, gentlemen!" 
 
 It was touching to hear McReynolds say it: "Take
 
 4 LAWYERS WHO SAID THINGS. 
 
 these little orphan children, lead them to comfort or leave 
 them in want. I would place their hands in your hands 
 and ask where will you lead them ?" 
 
 "A home in ruins, how sad and desolate a picture" 
 (said Graham). Sooner or later all homes will be broken 
 up. Death with noiseless tread will steal in without the 
 sound of footfall seal up the doors of breath, put out 
 the light of the eyes and we leave them till the judgment 
 hereafter." 
 
 Or you should hear VanDyke say it : "Who shall stay 
 this wave of progress? Who shall say to the iron horse, 
 thus far shalt thou go but no further! Nay, gentlemen, 
 it shall not be stayed ! It shall speed onward, still on- 
 ward, crossing the prairies, spanning the rivers, climbing 
 the mountains, startling the lone Indian from his wild 
 career, and at last bathing itself in the far away Pacific." 
 With three times as much, and growing each line more 
 beautiful, I think he was fully as poetical, as logical and 
 convincing. 
 
 But you have noted enough already to see that cele- 
 brated lawyers had a reputation built of things said and 
 done which attracted attention, say like Seward saying: 
 "There is a law higher than the Constitution": like 
 Phillip, "Dipping his finger in the sunlight" : like Jack- 
 son's, "By the Eternal": or Dix, "Shoot him on the 
 spot" : or Henry's "Liberty or death" sentences. 
 
 So that while accidents may happen and help an advo- 
 cate quickly up to fame, he must be able to meet the 
 opportunity half way and utilize it on the spot, and make 
 the most of it, as did Ingersoll and Bryan. 
 
 But I am persuaded that what young men most need 
 is samples and examples nearer the earth's surface near 
 their own line of practice, or their ability to use as guides, 
 or indexes to Start in Law not to finish or contend with 
 statesmen, which will come much later in their career.
 
 ART OF ADVOCATES. 5 
 
 And leaving out all the flowers, fringes and fancy 
 periods, using only the known elements of use and benefit, 
 I offer a clear sample of a fine lawyer. 
 
 In the short and successful career of a Business Lawyer 
 whom I knew in practice and for ten years judicially, 
 candor, dignity, forecaste and" integrity were the central 
 columns of the late Major Conley's success as a lawyer. 
 To these was added a short, thick set and commanding 
 presence that few lawyers possess. In the robes of a 
 Supreme Justice his appearance would rank well on the 
 bench of the highest courts. His diction was as clear 
 and convincing as his voice was pleasing. None knew 
 him but to trust his wisdom in the most intricate prob- 
 lems of law and business. 
 
 It took all of his well rounded qualities to form the 
 exalted character which he displayed in daily life. Others 
 have earned larger fees and tried larger cases, but few 
 in middle life can show a saving of over $100,000.00, 
 earned and saved from law business. Others have filled 
 higher stations. He was a State Senator and Police 
 Superintendent; but more than either, he was an all 
 around lawyer in civil, criminal or Supreme Court cases 
 he excelled in legal attainments, and as an advocate. His 
 briefs were models of brevity; his trial work was art in 
 a court room. 
 
 Not by inheritance for he was a farm boy ; not by 
 influence of relatives he rose by his own industry ; not 
 by eloquence his logic and candor were more convinc- 
 ing than eloquence in civil practice. It was his single- 
 ness of purpose, his identity with his clients' interests, 
 his forecaste of results, that inspired confidence in his 
 counsel. His office was well kept. He was up to date, 
 presented a good appearance, lived uprightly and earned 
 his high position.
 
 O TO START IN LA\V. 
 
 Well, and even deeply, read in English literature; 
 traveled and discreet with selection of friends, his clients 
 were of a class to afford rich fees and a paying practice. 
 But little of his service was given to politics; a single 
 Senate term ; but little criminal law practice he pre- 
 ferred the problems of business. In a city like Xew 
 York he would have ranked with Dillon, Porter and 
 Shaffer. In Michigan he ranked with Lothrop, Russell 
 and Hanchette. 
 
 By what strange steps did he attain his leadership? 
 By the beauty of method. He spoke little in public, yet 
 was ready to take sides in public functions. He saved 
 much of his earnings, married well, attended church, 
 was a prominent Mason, drilled with the Knights, owned 
 bank stock, took fees in copper stock, lived in a good 
 neighborhood, enjoyed a good story, but remained full 
 of dignity. His views were given with some reluctance, 
 never free or undignified. 
 
 He did not round out the full measure of his days, and 
 died of Bright's disease, a little over fifty; yet when he 
 last walked from the court room, in apparent vigor, he 
 left it like a Napoleon, after a victory. When he came 
 in with an order, a motion or a decree, no judge need to 
 read it, the integrity of Major Conely was a guarantee 
 of its correctness. 
 
 TO START IN LAW. 
 
 To start in law, one should be equipped for its duties; 
 good health, natural aptness, a ready mind in a healthy 
 body, an alert mental make-up, a persistence in methods 
 of holding on, a stick-to-itiveness, with some grace of 
 manner and force in argument. In a word, a natural 
 fitness, and ability to contend in debate with ingenious 
 and able advocates.
 
 ART OF ADVOCATES. 7 
 
 A vigorous body is needed to stand the strain of a long 
 life battle in bad air, with questions as perplexing as they 
 are usually lasting. The mental competition is so elo- 
 quently and accurately defined by a once-leading advo- 
 cate that it is quoted verbatim from the 66th Michigan 
 Report, as a true likeness of the elements of a good 
 lawyer, as found in May's address on Charles Stuart. 
 
 "It takes great intellectual gifts to make a great advo- 
 cate." No man wins a height at the bar, without a 
 struggle and without 'intellectual power. Not like the 
 clergyman with his ex-parte case behind the pulpit ; and 
 not like the physician with his prescription in the dark, 
 the lawyer's work is done in a broad light of open day, 
 confronted at every step by able opposition and argu- 
 ment, with the entire public looking on To meet such 
 test, requires the greatest and keenest powers. That 
 vulgar notion of advocacy that sees nothing in it higher 
 than an effort to "befog the jury," is a great mistake. 
 Rather is it often the business of the true advocate to 
 clear and dispel by the electric heat and lightening of his 
 genius, the fog-bank that has already settled there. 
 
 "The court-house should still be an intellectual arena 
 where the gladiators of the law meet, and contend for 
 the prizes of victory and justice. In the brilliant picture 
 which Macaulay draws of ancient Athens in the hight of 
 her glory, it was the contest of the intellectual athletes 
 which evoked the loudest shouts from that cultivated and 
 wonderful people. 
 
 Small credit to us in our boasted intellectual advance- 
 ment, if it be true, that after nearly twenty-five hundred 
 years, our people flock to the race, the minstrel show and 
 the ball ground. 
 
 We still need our advocates, our orators and statesmen ; 
 we need them for the just administration of the law, for 
 our intelectual life, for the glory of arts and of letters,
 
 8 THE PROCESSION. 
 
 and over and beyond all these, for the preservation of 
 liberty, and our free institutions." 
 
 THE PROCESSION. 
 
 When mails are delivered at one window, or tickets are 
 sold for the baseball games, the high and low, rich and 
 poor, gain admittance in the order of their reaching the 
 ticket-seller. So with the young lawyer, in practice. He 
 can fall in line join the procession and the file leaders 
 will soon give way to Time's harvester and make room 
 for the next to fill the vacancy created. 
 
 This is the young lawyer's hope and his reasonable 
 ambition. Like the words of Alexander at the games, 
 only those who enter and run can win the prizes, and 
 none are given to those who look on from the outer side. 
 Still, by becoming familiar with debates and public ad- 
 dresses, those who can stand alone and ride without fall- 
 ing will be called into action. 
 
 There is no other way but in practice. A wealthy 
 stove-maker lately placed his only son in charge of the 
 most important branch of the works, but not until he had 
 served a full apprenticeship in every department of stove- 
 building, as moulder, fittter and finisher, to learn the in- 
 side workings of each department. 
 
 A wealthy young lawyer having two notes to put in 
 judgment showed his written declaration to an up-to-date 
 counsel, who promptly discarded the paper and advised 
 oral pleadings, and to make things still plainer walked 
 to the Justice Court and aided in placing the notes in 
 evidence in due form under oral pleadings, much to the
 
 ART OF ADVOCATES. 9 
 
 surprise of the other at the ease of the simple proceeding ; 
 so easy, in fact, that the rich counsel said: "Well, from 
 this on I will hire a man to start me in, and I'll do the 
 argument." 
 
 Every trial lawyer can realize at once that such a plan 
 is fatal to the success of a good advocate. He must 
 often discuss points of practice. The very thing which 
 he ignores and leaves to another will be the rock he will 
 run upon when least expected. Such things are not 
 safely left to another. A law suit has plan and con- 
 tinuity, and requires a preparedness of the one who 
 handles any part of the contest. Lean on no one for 
 essentials. Like the Lincoln rule of success: "If yon 
 ever amount to anything, you must do it yourself ; think 
 for yourself; be independent." 
 
 LAWYERS' ABUSE OF WITNESSES. 
 
 The Court Room should be a place where none would 
 fear to enter ; but the intensity of practice has led a host 
 of lawyers to the verge of abuse to so many, that timid 
 women and braver men will suffer a wrong rather than be 
 subject to the cross fire of an enemy's advocate. And 
 the question is pertinent Is such conduct just on the 
 part of counsel? Is it up to a high standard of ethics? 
 Let us consider. 
 
 Force, fluency, directness, with luminous reasons, are 
 the features of a modern lawyer's manner. To these he 
 adds forecast, the greatest gift of an advocate, not even 
 excepting eloquence. 
 
 It is a common practice to overdo the answer back, or 
 cross-fire dialogue of counsel in trials by jury. Lawyers 
 attach so much value to repartee that they would rather 
 lose a case than lose the last say with a witness. Such
 
 IO LAWYERS ABUSE OF WITNESSES. 
 
 wit or personal abuse, as the case may be, is costly to a 
 client if his case is lost by it. 
 
 A very large proportion of verdicts are lost by cross- 
 examiners in forcing witnesses to emphasize their denials- 
 of facts, or answers to important questions ; as advocates 
 usually get what they bargain for, if they start to be 
 abusive. A small minority even complain of the trial 
 Court in the briefs on appeal, and seldom escape the ire 
 of the Supreme Bench, with a fine fully equal to one days 
 pay for services, a brief stricken from the record, and 
 plenty of cteep humiliation as a reward for their evil 
 doing. How any advocate can ever hope to advance by 
 attempting to overrule a trial court, on other than legal 
 grounds, is a problem. Surely counsel who argue long 
 after an adverse ruling, and attempt to alter it, in sight 
 of a jury only to be defeated in each attempt is making 
 slow progress. As nothing goes farther with a jury, 
 than the charge of the Court, it is idle to incur one un- 
 kind word or sentence, by a slur or sneer at what is ruled 
 upon and fixed by the ruling. "That man is a fool," said 
 Judge Maynard, "who disagrees with the trial Judge 
 openly." He might be able to convince the Judge by an 
 apt citation, but would always fail if a harsher method 
 was employed. 
 
 It is as annoying to see a peppery lawyer cross-firing 
 with a Court, as to see a bad acting racer at the starting 
 point. We lose some patience, much progress, and a 
 little temper in either instance. And he is a wise counsel 
 who works in harmony and without friction. And up to 
 this point of difference, candor, caution and forecast are 
 the cardinal virtues of an advocate. The standing in this 
 city of a strong advocate is a coin of rare value. To be 
 believed, listened to and persuaded by ones fellows, is to 
 be a Prince among his fellows. To be successful he 
 should earn it, like a marksman, a range finder, a brave
 
 ART OF ADVOCATES. II 
 
 fireman, a fetching speaker, a clear reasoner, a wise 
 counsel, but over and above and beyond all, to be a man 
 of stable character. 
 
 Few men are so fully known and accurately measured, 
 as are advocates. In a Court Room ability is soon sifted. 
 The test is easily applied, as in detecting genuine from 
 spurious money, the pure water from the off color dia- 
 monds. Counsel cannot be too wise, too clear, too tactful, 
 or too eloquent ; nor are they ever too well prepared in 
 their case. To win is not enough to win is victory, 
 to i^'in fairly is to earn an honest fame. Take a few 
 known cases: In the Parnell case, Piggott was detected 
 of forging a letter by a skillful cross-examination, but 
 there was no mark of insult to the witness. It was the 
 art of counsel. The two hundred and odd answers made 
 "I don't remember" made by Mr. Beecher, produced 
 neither anger nor effect in his lengthy contest with Fuller- 
 ton. It ended in a draw and resulted in a disagreement. 
 In two recent instances in Michigan, one question in 
 effect charged the witness with falsifying, without a re- 
 buke from the Judge (who never heard it), but it de- 
 stroyed the verdict, and killed the cause of action. An- 
 other case, counsel barely said, "We want no small 
 verdict, we've got to follow it on appeal. Of course they 
 will appeal it, they always appeal ; which reversed the 
 case, and shows the trend of decisions to be against 
 harshness of counsel. 
 
 But the climax of cases reversed by conduct of counsel 
 is the examination of Russell Sage, in a suit for pushing 
 a servant between himself and a man with dynamite. 
 The N. Y. Court of Appeals, has recently reversed the 
 case, for asking Mr. Sage what companies he held stock 
 in ; what interest he charged clients, and what statements 
 he made to reporters of being willing to spend large sums 
 of money in law to defeat the action. Taking the de-
 
 12 IF AND IT IN LAW. 
 
 cisions together, and the large number of reversals on 
 savage remarks of counsel, either to the jury, or fines in 
 the Supreme Court on briefs, the trend of our higher 
 Courts clearly points in the direction of reform in the 
 much abused license that counsel have exercised in the 
 treatment of witnesses, and we may yet see the day when 
 politeness and a larger power to please shall replace one 
 of the glaring evils of American Court practice. 
 
 .IF AND IT IX LAW. 
 
 "If some one would only bring me a good case one 
 that would lead to fees and business, he would be of 
 greater help than a fine purse of money or a residence. 
 I am so anxious to show my people that they have not 
 wasted all the money that my college course cost them, 
 that the anxiety makes me nervous." 
 
 This was spoken by a tall, fine looking fellow, who 
 would attract attention personally, but has never been 
 known as a lawyer, even though admitted to the Bar by 
 a college law course. 
 
 But If and It in Law. 
 
 are things not bought with money, not purchased by 
 parents, not even furnished by a college course, however 
 -costly. 
 
 The young man in question for he is not a lawyer by 
 virtue of his sheekskin takes the If and It which are the 
 real problems to work out, with fear and trembling, with 
 struggle and anxiety, with errors and successes if he 
 knows how to avoid too many of the first and to win a 
 fair portion of the last named rewards. 
 
 A class rises up before me of several scores of young 
 graduates, who are alike anxious and ambitious, who 
 long for the first step, the IT, that is to start them. There 
 they are, their bright eyes glistening, their fond hopes
 
 ART OF ADVOCATES. 13 
 
 brightening, their high ambition rising, as they bow low 
 in their ready welcome to the coveted diploma from the 
 hands of the dean of their law College. 
 
 And why is it that in law, as in engineering, chemistry 
 and bookkeeping, a teacher is unable to deliver a posi- 
 tion with a diploma? Why are not men standing by and 
 waiting for the exit of law students, like other students, 
 to place them in a direct line of promotion? Such may 
 be the case in a few rare instances, where a wealthy and 
 distinguished father, like Choate or Root or Whitney, 
 has such gifts to deliver to their offspring. Sitcli in- 
 stances arc rare. 
 
 But none of these were in the class I had in mind in 
 the example before us. It was a class from the Uni- 
 versity. Fifteen of the number found places on the Santa 
 Fe Railway ; a couple more on the Michigan Central ; a 
 half dozen found office places ; two firms were formed 
 and lasted a year or so ; quite a number went into corpora- 
 tions and became about as well known in the IT part of 
 law as the general bookkeepers, and less known than the 
 typewriters of the big concerns and so far the corpora- 
 tion lawyers have not found recognition, although they 
 have richly earned it, many times over it being an un- 
 written law that large corporations give out honors with 
 great reluctance. 
 
 But the class had some notable exceptions. One is 
 settled in Oklahoma, with a good practice and is counsel 
 for two big corporations, on a yearly salary. One became 
 a Circuit Judge in Minnesota and resigned to accept 
 three times the salary as president of a stock company. 
 One talked Free Silver, until its popularity waned and 
 then took the millionaire side of the argument and its 
 perquisites. One is a fourth term member of Congress 
 and one a single term ex-member. Two joined forces as
 
 14 IF AND IT IN LAW. 
 
 partners, succeeded and 'later lost their grip and became 
 grouchy. 
 
 To repeat a bit of the story already told of these run- 
 ners in the race of fame and seekers after fame and 
 fortune. If the corporation lawyers had stood alone, or 
 started in a small city, they would have stood many more 
 chances of winning early recognition, than by going into 
 a concern with a large supply of legal talent, quite in ad- 
 vance of their line of promotion. 
 
 The Circuit Judge's advance was quite natural, both 
 from his acquaintance and extra law course that his posi- 
 tion in Court furnished, so that the IT of his career 
 made promotion quite natural. He had, withal, a marvel- 
 ous POWER TO PLEASE in his make-up, and displayed it 
 easily through his happy addresses in State and County 
 Conventions. 
 
 The talking proclivity helped the Free Silver graduate 
 to his high position his fund of stories and happy illus- 
 trations seemed unlimited. Indeed, I am convinced, it 
 was the ladder on which he reached his fame, as did 
 Bailey, Curtis, Beverage and Burke Cochrane, and 
 Foraker, reach theirs by similar means. 
 
 As to the men serving more than one term in Congress, 
 they are switched on a side-track from their life work, 
 forgotten as lawyers, known only as speakers and serv- 
 ants to distribute seeds for farmer constituents! 
 
 The worst is to come, for the firm that succeeded a 
 spell and became grouchy deserves some attention. In 
 court they growled at an adverse ruling; noted an excep- 
 tion in tones of anger; objected to almost everything; 
 kept their clients and listeners in bad temper won rarely 
 lost ofen over-charged, complained, became unpopu- 
 lar, played the poor part of critics, distrustful of jurors, 
 out of harmony with court rulings, sour and crabbed, 
 until their business took on about the same shade and
 
 ART OF ADVOCATES. 15 
 
 meaning. They are what they have made themselves. 
 They lack the IT which makes men prosper. 
 
 THE LAWYER'S FRIEND IS THE TRIAL JUDGE. 
 
 Why should a young lawyer dread going to court any 
 more than to ride a wheel. It is his bread and butter, 
 his standing, his income, his character to be alert, 
 ready, and familiar with court work. Let him learn it 
 by experience. It is the only true road to practice. Sup- 
 pose it is a little trying to be in court with a minor for 
 a party, he can withdraw a juror and soon secure a 
 guardian's appointment. The judge will never interpose 
 an extra hardship. Suppose his papers are not perfect, 
 even older lawyers are tripped on their pleadings. 
 Young men, like young scholars, are prone to be too 
 timid. If they confide in the judge and show their apt- 
 ness they are not turned away empty-handed. 
 
 True, clients will blame a judge or jury for an adverse 
 decision, but clients are full of deceptions. They have a 
 lot of pent-up anger in reserve. Lawyers need not 
 employ anger as a weapon. It rarely wins a verdict. 
 It never wins a lasting victory. Be just as earnest, just 
 as forceful, just as clear as the law allows, but leave 
 anger where Solomon did to rest in the bosoms of 
 fools. 
 
 \Yhat is the judge for but to do justice? He has no 
 favorites save to favor the right of the matter in con- 
 test. Show him that right, and you have a ready listener. 
 You need not attempt to drive him, or to force a con- 
 clusion. Show it by facts, prove it by evidence, cite it 
 from like cases that seem to rule with your position.
 
 l6 WHO GETS THE CHILD? 
 
 CHAPTER II. 
 
 Cases ; Rules ; Samples ; How Won ; Methods ; Events ; 
 Luxury ; Self-Defense ; The Best Cross-Examination ; 
 Lincoln's Law Work ; Bide Your Time. 
 
 WHO GETS THE CHILD? 
 
 A very delicate and important duty is to find the legal 
 custody of children. Two leading cases are given that 
 bear on the question. It was held in the 7ist Michigan, 
 in the Stockman case : 
 
 "The single question and consideration is whether the 
 paternal or maternal grandparents shall have the care 
 and custody of the child. The Court takes as the first 
 consideration that the child is a girl ; as a second con- 
 sideration, that the child likes the maternal grandparents, 
 and is contented and happy with them. The Court says 
 that the claim of the counsel for the maternal grand- 
 parents that the law is inexorable cannot be agreed with 
 by the Court. 'Courts have a general superinntending 
 power over all infants, and the primary guardianship of 
 the parent over his child lasts no longer than he is found 
 to be competent, and discharges his duty which nature 
 has laid upon him, properly ; and when he fails to do this, 
 the proper Court may interfere and charge another with 
 the discharge of this duty. The good of society and 
 the welfare of the State require this, and can never re- 
 quire less. Primarily the Court is the guardian of all 
 orphan children, and will give the proper directions as 
 to their care and support until such time as a guardian 
 shall be appointed, and it is then its duty to see to it 
 that the duties of the trust are properly discharged.' 
 
 The Court then says that "Courts will only recognize 
 the authority and control of guardians over wards so
 
 ART OK ADVOCATES. I/ 
 
 long as it is right and proper and for the best interests 
 of the wards. So that relatives are usually preferred 
 and selected, but that the question always is what will 
 be for the best interest of the ward under all circum- 
 stances. This, the Court says, should control every- 
 thing else. 
 
 "The Court even says in this case that comity can be 
 considered 'when the future welfare of the child is the 
 vital question ; the good of the child is above all other 
 considerations ; it is the polar star to guide to the con- 
 clusion in all cases of infants, whether the question is 
 raised on a Habeas Corpus or in a Court of Chancery/ 
 Later on the Court says that the infant's desire is always 
 listened to with interest." 
 
 THE FIT IS "IT" IN LAW. 
 
 A case to fit, the facts to fit, the proof to fit, the man 
 to fit the case, even the jury to fit, all these must tell. 
 
 A case in point was heard between two bright lawyers, 
 a jury to match. The case was so clearly made as to 
 stand like a note and prove itself. The debt was $2,700, 
 the payment $1,350; the plaintiff assumed a ivalk away 
 and rested. 
 
 The defendant made no denial of the main facts; but 
 said he paid all he agreed to. Then came the recess 
 then the cross-examination 
 
 " You say you paid all you promised ? 
 " Yes. 
 " How so? 
 
 " Well, we had a dispute over a $300 diamond left 
 on approval that I had not returned, and over three 
 other invoices, from $450 to $475, and they had me 
 on a capias and away from home ; my wife was insane 
 and had been some years that made my expenses
 
 l8 THE FIT IS "IT" IN LAW. 
 
 double and I wanted to get out of it, so I got my 
 
 uncle to advance what they said they'd take and let 
 
 me clear of the whole dispute." 
 
 The last w r ord was the It. No amount of quissing ; no 
 amount of argument; no amount of bulldozing, could 
 turn the witness. Lawyers all know that without a dis- 
 pute it would be a law question and the $1,350 would be 
 but a partial payment. With it a jury must pass upon 
 the whole matter. Here was a man behind on his ac- 
 count, who had trusted out and left on approval and use-i 
 up money and gone behind and settled ! a disputed claim 
 by a cash compromise. 
 
 Of course IT won. 
 
 Another instance was of a disputed diamond left in 
 pawn, claimed as stolen and recovered as such, on one 
 sentence of the detective who found it in the pawnshop, 
 brought in the true owner, who offered $50 of the $75 
 lent on it and " when I left them," said the detective, " I 
 felt sure they would come together, for they had reached 
 within $25 of it and both seemed to agree it was Marks' 
 diamond and pawned by somebody." 
 
 The dispute was on identity. The prongs of the setting 
 and appearance was all the owner could claim as identity. 
 It was only a little, but it helped his attorney, who used 
 the Solomon instance in 2nd Kings where two women 
 each claimed the live child. Solomon was a young king 
 and heard their story, saying, in effect " Bring in the 
 living and the dead child, and bring in a sword. Now 
 divide the child in equal parts and give to each one half. 
 Whereat the real mother exclaimed, "Spare O King, 
 Spare the Child ; Let not harm come to the Child." 
 
 And Solomon said, "give her the child; she is the 
 mother of the Child." 
 
 As diamonds cannot be divided, the plaintiff took 
 verdict for the " Child" !
 
 ART OF ADVOCATES. IQ 
 
 I think more cases are turned on some such little points 
 than counsel can realize. But two more cases may be 
 more convincing than a mere statement : 
 
 Dick allowed his insurance to run by. It was paid by 
 his son, and as death followed in 60 hours, was contested 
 by a bill to set aside, which failed. When it was paid 
 the doctor said He is in his usual health has some in- 
 digestion which has bothered him for years, and so he 
 had ! 
 
 The two doctors admitted that Typheitus might de- 
 velope suddenly, or even heart trouble, to a fleshy man 
 of 56 might suddenly take him off. .But only a post- 
 mortem could tell what caused his death. . This had been 
 omitted and the wife won. 
 
 On what a slender thread does life insurance hang ! 
 
 Maier also had carried $20,000.00 insurance 22 years, 
 and late in life drank hard defense to his policy was, 
 " caused by drink,'' contrary to policy. 
 
 But counsel found in question " 16 " of the application 
 the words : To what extent is applicant in the habit of 
 using beer, wine, brandy, whiskey or other alcoholic 
 beverages ? To which was answered, " moderately." 
 This word was the IT on which turned $20,000 to Mrs. 
 Maier. 
 
 Another case of a man dress-maker: 
 
 He had shipped five large sample trunks, checked as 
 baggage with self and three of his help to St. Louis. 
 The trunks had Paris hats and suits of fine goods. One 
 trunk was broken and near $500 worth abstracted on 
 the road, and suit was brought for damages. 
 
 The case was given to the jury on the narrow issue: 
 Must the Company have known contents and assumed 
 risk, after having for five years carried the same man 
 and his samples to St. Louis and known him as a ladies' 
 tailor?
 
 2O LAW LIFE EVENTS. 
 
 Jury said yes. So did Supreme Court, in each and 
 every case cited in this chapter, and about one word 
 turned each case to the winning side. 
 
 One reason cleared Hull from a charge of murder. 
 He had been angered and taunted into frenzy by one 
 taller whom he shot. The rule was (38 Mich.) that 
 " he must be judged by the circumstances as they ap- 
 peared to him at the time," not as they would be to a 
 cooler person. 
 
 LAW LIFE. EVEXTS. 
 
 The struggle of admission to the bar is an event long 
 remembered by a student, and doubly so if he starts with 
 eleven quarters, pays them all out for advance tuition, 
 does chores for his board and room rent, has his literary 
 college course cut short by a fire half way destroying the 
 college ; and later has his law course lessened by a 
 combine of his law school with a larger one, in a larger 
 city. But such are the struggles of a hopeful student 
 that they fan his ambition rather than dampen his ardor 
 in his slow march of progress. 
 
 It took a couple of years in the law school and a year 
 more in office all uphill work and busy evenings, in 
 which only Sundays could be given to newspapers, be- 
 fore admission in the Supreme Court to practice, and 
 then the battle was but half started. It took three or 
 more weeks of waiting before a wire called the boy 
 lawyer, saying: "Come first train, important case"! 
 And it was important. 
 
 Walking the floor in deep anxiety all the afternoon, 
 for the first train was the evening sleeper, to determine 
 that law books need not be taken from home on such 
 errands of business, " What is the case Mr. Carr that 
 you wired about?"
 
 ART OF ADVOCATES. 21 
 
 " \Yliy, a man killed his wife," was the answer. 
 
 '' Then I am not able to help you said the lawyer 
 that is the part of the prosecuting attorney!" 
 
 " Xo, not exactly," said Carr, " the man killed his wife 
 to get the joint life insurance he had taken of me, and I 
 was foolish enough to deliver the $7,000 policy and take 
 his note for the premium and the note is worthless." 
 
 Instantly the lawyer was on his mettle, saying: 
 
 " ( ), we can fix that readily, where is he"? 
 ' There he comes," said the other. 
 
 The lawyer and the insured met midway on the cross- 
 ing. A time was fixed at 2 P. M. to prove the claim be- 
 fore Justice Thomas, and the interim well spent in a 
 close survey of the scene of the drowning They had 
 rowed up stream, floated down and the boat capsized, as 
 the insured explained it. 
 
 Evidence was clear that a strong young man like 
 Waterman, who could swim and dive readily, had no 
 need to surrender and let his wife drown, even if his 
 story was a real one. That his failure to arouse the 
 neighbors, his sleeping till late next morning his actions 
 that called out these words from the lawyer: " I couldn't 
 do that way by a horse or a dog or any dumb brute that 
 would fall in the water " which words the crowd in the 
 court room applauded, for they were apt and popular. 
 
 The evidence completed and signed, the lawyer took 
 it, paid the magistrate and started for the street, when 
 the insured asked: "When will I get the insurance?" 
 " Xever," said the lawyer, " You killed her and you 
 know it." 
 
 It was a knockout blow to Waterman. He fled the 
 state and country and never was heard of after. The 
 body was found 9 days later, with marks of a violent 
 death struggle. * * * The lawyer was called to 
 New York and questioned in the presence of the in-
 
 22 MISSING THE TARGET. 
 
 surance company's directors, was employed a year on a 
 splendid salary to buy in its agencies, as they had rein- 
 sured and were about winding up business. 
 
 Well, if a hole in the sky had opened to let down a 
 shower of gold it could not have been more a surprise, 
 or more of a blessing. For greater clearness the trial 
 in full is given later on by request. 
 
 MISSL\G THE TARGET. 
 
 I have observed a habit of many lawyers in their 
 anxiety to win, to aim at too many targets. While a 
 speaker may sprinkle his illustrations profusely to at- 
 tract, inform and impress his hearers, a jury will be con- 
 fused by too many words and too many issues. They 
 will be unable to carry so much and draw a correct con- 
 clusion. It is wiser to consider with Confucius, the 
 clearest of ancient teachers, that, 
 
 The archer who misses the target turns to himself 
 and not to another for the cause of his failure and 
 so should we. 
 Which is a great truth in a small compass. 
 
 Six to a dozen requests to charge are enough, and the 
 dozen does more harm than good in most cases. In the 
 brevity of reason and argument is a place to find the IT 
 of law practice. Of course, this is not planned for Su- 
 preme Court briefs, where a score of cases may convince 
 when five might be doubtful. But you remember the 
 Salem case overturned twenty states on local aid taxes 
 for railroads and made Cooley's rank with that of Waite, 
 Webster and Marshall ; for in that decision Judge Cooley 
 found the IT of taxation, namely : It must be for general 
 benefits, and not for special favorites. It must be of 
 that wide range of use which extends to all who share
 
 ART OF ADVOCATES. 23 
 
 in its burdens, or still plainer : Why should one pay 
 another's taxes, or pay to build another's business? 
 
 Large and important questions are not often turning 
 points of issues. It is the inside issue that turns the suit 
 and wins the battle. Grant observed that the General 
 who held out to the end, and just as the victory seemed 
 against him, pressed hard with persistence, was the 
 one who picked the real fruits of victory. Wellington 
 did so with Napoleon. Alexander did so at Tyre. 
 
 The IT in Fees. 
 
 I think no rule for fee getting is equal to make a 
 bargain about it early Suits drag out so long, require 
 so many trials, so many motions, so much law and evi- 
 dence, that a good contract for retainer, expenses and a 
 sum in proportion to the result gained is a wise precau- 
 tion. The suitors mind is tractable at the time and will 
 never be more so. Be wise for yourself in good season. 
 It will give you heart in the work to have an object worth 
 winning. 
 
 I will assume that Dill may have gently hinted to Prick 
 and Carnegie that a settlement of many millions might 
 earn one million ; that the end attained was not trifling. 
 Possibly he took it in stock, in any event it was a record 
 breaker by a trained expert, as was also the fees of Gen- 
 eral Harrison, Judge Curtis and Col. Ingersoll. Great 
 victories deserve rich rewards and this leads to the apt 
 question, 
 
 HOW DID THEY DO IT? 
 
 Precisely by the same clear methods that trained ath- 
 letes win boxing matches, football games or wrestling 
 bouts by fitness and preparedness. It is very rare when 
 races or contests are won by accident. The Spanish 
 fleet was not lost for lack of powder, men or guns, but
 
 24 THIS IS THE INVOICE. 
 
 for lack of fitness and preparedness. The North Amer- 
 ican Squadron won by superior intelligence. Wars run 
 like machines. 
 
 Many men could be mentioned, zdio when living in ht:^ 
 attained their preparedness before they gained their rich 
 fees in practice. As one said of the late Senator Conck- 
 ling He carried more manhood and influence to court 
 than many counsel combined could carry. 
 
 Well, Conckling began as a village lawyer, a village 
 debater, a country politician. But he said things that 
 were remembered. With a rich vocabulary none more 
 persuasive since Lincoln he fed his hearers, led them, 
 convinced them and never betrayed them. 
 
 THIS IS THE INVOICE. 
 
 A young lawyer may as well make this invoice : 
 
 If I ever amount to anything I must do it myself, 
 think for myself, build for myself, prepare for myself 
 and fit m-\sclf. All as early as possible, for I know 
 not what day I will be called on to speak, to argue, to 
 contend with strong men, in large matters and to win a 
 fortune / must be in deep earnest. 
 What shall I read ? The foundation text books ; the 
 leading special works ; the State reports, enough to know 
 where to find things. Is that all? O, no, the standard 
 literary works. That all ? No ; to fix these well in* 
 memory I must go to talking about them. If ] have no 
 forum in the court room being new in practice I must 
 win a place in the legislature, in a debating soci- ty, on 
 the rostrum. I must put in practice what I learn, 
 promptly, to be ready alert, with adapted stories, illus- 
 trations, strong and striking passages, an all aroun-t 
 fitness, like Lincoln, Beach, Miller and Hendricks ac- 
 quired a fitness is a fortune to a lazvyer.
 
 ART OF ADVOCATES. 25 
 
 This is his equipment, this is his armour, this is his 
 start, this his character maker, money maker, fame 
 maker, courage maker and foundation for his oratory. 
 Not what he commits but what he applies to business. 
 
 THE LUXURY OF LAW. 
 
 "If 1 had the leisure and the lucre," said a bright lawyer 
 lately, "you would not find me drudging over other mens 
 quarrels and troubles. I would be in California in winter 
 and rind the seashores of Maine in summesr or the far 
 away Alaska summers and Cuba in the winter. I \vould 
 see some of the old w'orld in the springtime and take a 
 look around Manila in the autumn." 
 
 All of which is poetical enough, but lacks much of the 
 real. Long before his return (from so many seasons) 
 half of his clients would have found trouble springing out 
 of the dust or sorrow out of the ground, or have been 
 born to trouble and have gone to other law doctors for 
 relief, and once gone with their papers they would rarely 
 ever return again. And so the life of a lawyer, or doc- 
 tor, grinds on and on eternally to the end of his chapter. 
 Lucky indeed for him if he has laid away "acorns" 
 enough to provide an income after the decline of his prac- 
 tice. Lucky if his fame, good name, and high standing 
 affords him a clientage to support his declining years and 
 provide the luxury of a summer vacation, of a few short 
 weeks, with limited excursions. 
 
 Law is so exacting, so changing, such a jealous mis- 
 tress as to claim undivided attention and a constant re- 
 search into the newer decisions and events to keep in the 
 procession and abreast of its advances. It w r as a witty 
 remark of Butler to a stickler on knowing the new and 
 -old statutes, "You keep right on and fill yourself up with 
 them, and along will come some d d fool legislature and
 
 26 THE LUXURY OF LAW. 
 
 repeal them, and with them repeal all you know, and 
 where are you?- 
 
 To the young lawyer work and something to do is 
 luxury. What he most needs is a forum, a rostrum, a 
 few lines to deliver, a recall before the curtain, a chance 
 to show his mettle. And in no other place can good or 
 bad mettle be sooner detected. 
 
 To the young lawyer light cases are given, heavy ones 
 all reserved for those who are overworked and over- 
 burdened. But, like money placed in bank, people all 
 want it where others put their money, so the more a 
 counsel has unfinished the more is thrown upon his 
 shoulders. And the real consolation to the young men is,. 
 "My turn is not far distant." 
 
 But computed at its real value, the young man of 
 trained mind and body, with character and fitness, is 
 by far richer than Carnegie or Morgan. A handful of 
 years to a half hundred years ! Time to read and work 
 and see and learn and enjoy the work, the struggle, the 
 evolution, the advance, the brilliant events in our history f 
 Time to form a character and establish a reputation f 
 Time to enjoy the luxury of living in a world like ours 
 in an age like ours in a century like ours. A half hun- 
 dred years in an era of polished warfare, finished travel, 
 elegant cities, ideal offices, brilliant achievements.. Oh, 
 to be one of such, with capacity to enjoy and know that 
 such great luxuries can be realized, is a condition at 
 tained worthy of any lawyer's ambition. 
 
 So that the strangest thing of all is, that the richest 
 in all, who are really rich, never realize it; the poorest 
 are those worn out in their struggle to get what they 
 must soonest part with forever; while those who ap- 
 proach the nearest to a happy condition are young men, 
 with healthy bodies, with a moderate income and well- 
 stored minds, who have made lasting friendships. The
 
 ART OF ADVOCATES. 2/ 
 
 ideal condition is to be too busy for vacations, especially 
 long ones. The highest hopes are the plaudits and praises 
 that a court victory produces. The ability to win, to 
 speak, to please, to command attention and deserve pro- 
 motion, is the luxury. 
 
 A RULE TO START. 
 
 Accept some little thing to do, if by it you get nearer 
 to a client who has means. 
 
 Be sure you do not overcharge at first and drive him to 
 another by your price. 
 
 Cull out your cases well, try the first and best and 
 settle what seems likely to be lost. 
 
 Dig deep into the facts and law the first is best to 
 learn the court may know the law. 
 
 Each case requires a jury drawn to match. There is 
 no finer skill than that of reading jurymen. 
 
 Find from their heads and ages and from their eyes 
 and souls if reason is within their range. 
 
 Gain force by brevity and tact by order of your proof 
 nor fight too many issues on the side. 
 
 Have help at hand to bring in law and facts, as needed, 
 at the trial. If not you break the thread. 
 
 In court be firm and fair, but fairness need not waste 
 itself in giving rights away. 
 
 Just, as the Court may be he is not driven to be just, 
 but show what you may need. 
 
 Know every inch of proof that you can learn, and 
 then assume the other knows as much. 
 
 Learn to be patient with the aged and the young and 
 tolerate the slurs of evil men. 
 
 Don't swap a victory for a joke. 
 
 Make friends in little ways, for men take notice of your 
 scowls and smiles. Stale wit is out of place.
 
 28 WHO WIN OUT ? 
 
 Nothing can equal eloquence but law and proof. You 
 will do well to hold a reign on each of them. 
 
 O, to be ready, wise and strong and not lose sight of 
 victory. One case well tried, your rise in life is won. 
 
 Please do not drop your own sword and reach for the 
 adversary's and lose by over cross-examination. You can 
 do it easily. It has two edges one it gives a license to 
 lie, dares one to emphasize, enforces his emphasis, prods 
 his memory and may make his friends on the jury resent 
 the impertinence. In twenty years practice and ten years 
 on the bench I found very many losers and few gainers by 
 cross questions. 
 
 WHO WIN OUT? 
 
 Xot even a large part of law suits are well tried of 
 course, not many are first tried by younger members of 
 firms, and appeals follow. The foam is brushed away 
 and the real battle commences ; trained minds are en- 
 listed ; apt cases are digested and read with an application 
 that enforces attention. Instead of rushing on the court 
 or jury with a bundle of assertions, which they are 
 anxious to call the law, they find like cases which decide 
 the law quite clearly and win by such citations. In one 
 case, with a million involved in a perpetual leasehold, no 
 cases could be cited, for it grew out of a series of letters 
 proposing a Union Depot for four lines of roads, praising 
 its location and advantage and finally bringing in the 
 several roads and then seeking to impose an annual 
 burden as rental over a short line directly in the way 
 where each line must and did pass over it. For the 
 royalty or use of this the rental was expected. 
 
 A bright clear lawyer made his defense on this reason- 
 ing: Where one can make certain and does not insist 
 upon it he waives all rights that such certainty might
 
 ART OF ADVOCATES. 2 
 
 secure and is estopped from later raising such questions ! 
 He won and was affirmed. 
 
 It is enough perhaps to tell where the law is, rather 
 than to commit so much of it. It is ample to point out 
 how things are done and leave some reasons to be 
 searched for by the student. But I am convinced above 
 all things that angry remarks at the court's rulings, or 
 threats to review or appeal, or dissenting remarks are so 
 foreign to good practice that no one can win by such 
 methods. It is to point out the road, the plan, the means 
 used and badly abused, that this item is printed. Other, 
 and sometimes better cases, can be cited. But a model 
 trial, as to counsel, was a case using seven weeks on a 
 $100,000 note, defended as not made on authority of a 
 railway company and urged as one of $800,000 in simi- 
 laf paper so made and dealt in, cashed and realized on 
 by the same directors : in which case no unkind word to 
 court or counsel escaped on either side for all the long 
 searching inquiry, the altered books and scraped entries, 
 the bank cashier's two weeks cross examination, the four 
 days of legal arguments and the wind up in such a shape 
 as to please every lawyer in the case shows how well a 
 good deportment wins its best reward. They win who 
 do the best, plan the best, think the clearest and preserve 
 that dignity ivhich becomes the ablest men. 
 
 THE USE OF TOOLS. 
 
 Artisans usually spend three or five years to learn a 
 trade like plumbing, machinery work, carpenter and 
 mason work, before they are master workmen ; and law- 
 yers are fortunate if they learn ^as readily. The work of 
 one is that of an artisan ; but the other should be an 
 artist. There is a vast difference between an artist and 
 an artisan ; between knowing a thing generally and
 
 3O SELF DEFENSE. 
 
 ing that you know it between knowing a tool by 
 name and knowing how to use it. It matters not in any 
 line of business how much a man may know, as how 
 much he can apply and use. There are three special 
 things which require practice to give confidence and to 
 produce good results. These three are a motorman's 
 duty, a surgeon's duty and a lawyer's duty. It is easily 
 noted when one can do his duty easily, safely and fluently. 
 So that a lawyer shoukHearn his trade by lighter practice 
 by debates, by constant attention, until he can rise and 
 speak with as much ease as a delivery boy mounts his 
 wheel or a cavalry rider mounts his horse. 
 
 SELF DEFEXSE. 
 
 The law of self defense is settled by the words of 
 Judges Christiancy, Graves and Campbell, in Hurd and 
 Brownell cases, 25 and 38 Mich, and later by Justice 
 Harlan of the highest court in the world. It is : 
 
 One who is attacked by a person of superior size, or 
 armed with a deadly weapon, and placed in fear of serious 
 "bodily harm, to self or family, may defend himself or his 
 family and even resort to any adequate means to the 
 taking of life to disarm his assaulter, and he is to be 
 judged by the circumstances as they appear to him at the 
 time not as they would appear to a cooler person : The 
 test being, not what was the actual danger, but what ap- 
 peared to him at the time to be danger. 
 
 And it was held in the Lilly case, 38 Mich, and Brow- 
 nell case, id., same, that one need not call on by-standers 
 to aid him. He must act and it is his duty to defend his 
 home and those dependent upon him. Then, to quote 
 Justice Harlan He need not retreat to the wall; he 
 may go to the scene of danger. Where el.se should he be 
 Avhen his family was in danger, but with his family?
 
 ART OF ADVOCATES. 31 
 
 In case in mind one was ten inches tulier, much 
 stronger, known to be violent, and called in the evening 
 where the smaller man's wife lay sick in confinement. I Im- 
 pounded on the door; used vile language, called on he 
 
 little man to ''come out you son of a b h and I'll ^et 
 
 hold of you and clean up with you D n you! Come 
 
 out ! Come out ! The little man ordered the colored man 
 away, saying, "Go along home Joe, my wife is sick, go 
 on!" But again he said in the dark: "I'll clean up with 
 you now. I'll kill you !" Then he was shot and the cases 
 all apply. This is the law, born in us and with us. When 
 one is attacked by robbers or enemies he may act under 
 the facts as they appear to him at the time. Jury said 
 Not Guilty. 
 
 It is not so much the law as the way it applies ; not so 
 much the shot as why ? It is not so much what was done 
 as who began it! Who 'brought it on? Who enabled it 
 to happen? Such are the facts and such is the law to 
 enforce to bring home to apply to rivet in the minds 
 of the court and jury, to insure a fair verdict. The jury 
 saw it all. The jury can see such things because they are 
 brief and simple ; they appeal to their sense of right and 
 justice. They know they could do no less, unless they hid 
 away and left their own exposed to death and danger. 
 Perhaps a thousand cases could be cited in this line, but 
 they could not make the reason stronger. Truth is so 
 simple that once well stated it forms its own conclusion 
 and points to its own climax. 
 
 One thought more. Number of witnesses should never 
 count in self defense, the test being never what the real 
 danger is but what it appeared to be at the time. Then 
 two witnesses may often outweigh ten ! Mr. Lincoln had 
 many experiences with winning on a small amount of 
 evidence. Here is one:
 
 32 LINCOLN'S FIRST MURDER CASE. 
 
 A farmer lost a young colt, and two men claimed it. 
 Twenty witnesses swore they had known it from birth. 
 Lincoln said, They have twenty ; we have two. Then 
 he opened the gate, and the youno- colt quickly picked 
 out its own mother from a bunch <"* '"~-ses, and the jury 
 decided with Lincoln. 
 
 The real test comes to a lawyer when he starts to make 
 his case from the enemy's witness, by cross examination. 
 As an example follows this item that will be an object 
 lesson. It will show by its own picture the better way 
 and conceded to be a forceful method. I know of none 
 better, that is, in good temper, with clearness, keeping the 
 thread, drawing the focus, watching the climax and quit- 
 ting with a victory. 
 
 LINCOLN'S FIRST MURDER CASE. 
 (From Tact in Court). 
 
 The simplest story of a murder trial is always of 
 interest, and especially so where the case is conducted 
 on either side, by men with the ability and genius that 
 Abraham Lincoln possessed. 
 
 Grayson was charged with shooting Lockwood, at a 
 camp meeting, on the evening of August 9, 18 , and with 
 running away from the scene of the killing, which was 
 witnessed by Sovine. The proof was so strong that even 
 with an excellent previous character, Grayson came very 
 near being lynched on two occasions soon after his indict- 
 ment for murder. 
 
 The mother of the accused, after failing to secure older 
 counsel, finally engaged young Abraham Lincoln, as he
 
 ART OF ADVOCATES. 33 
 
 was then called, and the trial came on to. an early hearing. 
 Xo objection was made to the jury, and no cross-examina- 
 tion of witnesses, save the last and only important one, 
 who swore that he knew the parties, saw the shot fired 
 t>y Gravson, saw him run away, and picked up the de- 
 ceased, who died, instantly. 
 
 The evidence of guilt and identity was morally certain. 
 The attendance was large, the interest intense. Grayson's 
 mother began to wonder why "Abraham remained silent 
 so long and why he didn't do something-" 
 
 The people finally rested. The tall lawyer (Lincoln) 
 stood up and eyed the strong witness in silence, withiut 
 books or notes, and slowly began his defense by these 
 questions : 
 
 " .And you were with Lock wood just before and saw 
 the shooting?" 
 
 " Yes." 
 
 " And stood very near to them?" 
 
 " Xo, about twenty feet away." 
 
 " May it not have been ten feet?" 
 
 " Xo, it was twenty feet or more." 
 
 "In the open field?" 
 
 " Xo, in the timber." 
 
 " What kind of timber ?" 
 
 " Beech timber." 
 
 " Leaves on it are rather thick in August " 
 
 " Rather." 
 
 " And you think this pistol was the one used?" 
 
 " It looks like it." 
 
 " You could see defendant shoot see how the barrel 
 hung and all about it !" 
 
 " Yes." 
 
 " How near was this to the meeting place?" 
 
 " Three-quarters of a mile away."
 
 34 LINCOLN S FIRST MURDER CASE. 
 
 " Where were the lights ?" 
 
 " Up by the minister's stand." 
 
 " Three-quarters of a mile away?*' 
 
 " Yes," " In answered ye tit'iste." 
 
 " Did you not see a candle there, with Lock wood or 
 Grayson ?" 
 
 "No! what would we want a candle for?" 
 
 " How then, did you see the shooting?" 
 
 "By moonlight!'' (defiantly). 
 
 " You saw this shooting at ten at night in beech tim- 
 ber, three-quarters of a mile from the lights saw the 
 pistol barrel saw the man fire saw it twenty feet away 
 saw it all by moonlight? Saw it nearly a mile from 
 the camp lights?" 
 
 " Yes, I told you so before." 
 
 The interest was now so intense that men leaned for- 
 ward to catch the smallest syllable. Then the lawyer 
 drew out a blue-covered almanac from his side coat 
 pocket opened it slowly offered it in evidence showed 
 it to the jury and the court read from a page with care- 
 ful deliberation that the moon on that night was unseen 
 and only arose at one the next morning ! 
 
 Following this climax Mr. Lincoln moved the arrest 
 of the perjured witness as the real murderer, saying: 
 "Nothing but a motive to clear himself could have induced 
 him to swear away so falsely the life of one who never 
 did him harm !" With such determined emphasis did 
 Lincoln present his showing that the court ordered Sovine 
 arrested, and under the strain of excitemen the broke 
 down and confessed to being the one who fired the fatal 
 shot himself, but denied it was intentional. 
 
 This lesson to lawyers, who may not read the whole 
 story, is a good law lecture. It may be added that Lin- 
 coln first determined his client was not guilty and having
 
 ART OF ADVOCATES. 35 
 
 settled that point he knew the story was one made up for 
 a purpose, and that purpose he was bound to discover, 
 and did discover in his own original manner. 
 
 As a reader of trials for years, this one presents as 
 keen interest and displays as much sagacity of counsel 
 as any I have found even Choate or Webster could 
 have done no better many other trials are more elaborate 
 in detail, many contain passages of wit and arguments 
 of rare eloquence they are lessons from life and full of 
 wisdom some of masterful logic, yet none are so great 
 or were so ably conducted as to overshadow this simple 
 victory by a young country lawyer, who lived to be the 
 leader of a nation and filled with honor the highest station 
 in the world. 
 
 LINCOLN'S GREATNESS. 
 
 The single sentence of his mother, THINK FOR 
 YOURSELF, ABRAM, BE INDEPENDENT, made 
 such a deep impression on the boy's mind, that a fixed 
 habit grew from it, and he practiced the lesson through- 
 out his life. 
 
 His thoughts and struggles made him great; he grew 
 in body to a stalwart boy, and his very poverty brought 
 his bare feet to the magnetism of the earth, which was 
 another reason. A healthy body and a giant frame, one 
 who could help at log-house raising, shoulder a barrel 
 of flour, or hold two quarreling men apart created admira- 
 tion with the pioneers. 
 
 Lincoln was a genius in study and in action. He 
 mastered books, as he mastered men. He solved the prob- 
 lems of Euclid, and leaarn edsurveying practically with-
 
 36 LINCOLN'S GREATNESS. 
 
 out a teacher. He learned to reaason with, and convince 
 himself first, and when things were clearly known he 
 could make them clear to others. His constant thinking 
 made his thinking clear. He solved the hard problems of 
 life alone, and knew them well by heart, poverty, study, 
 travel, reading, law, debate, active contest. He drank in 
 the contents of Blackstone, Burns, the Bible, Bunyan, 
 Shakespeare, and surveying, with a thurst and hunger 
 after wisdom. What he learned was his own, and he 
 could use it. Instead of complaining of his lot, which 
 was hard, he worked and grew out of it. He knew 
 that he was homely, and said th eAlmighty must have 
 liked homely people best, he made so many more of 
 them ! 
 
 When the others drank he kept sober ; when others 
 quarreled he kept good natured. His stories were popu- 
 lar, his voice clear, his words all had a meaning which he 
 knew. He had felt sorrow, and it had enlarged his sym- 
 pathy. But of all things, he had the courage of a thinker. 
 His mother's motto had made his thinking original. 
 
 His grasp of subjects was superb. He was charitable, 
 and filled the great demand of gentleness to all, not given 
 to small ambition, considerate, and above all, unselfish. 
 These tests measure greatness. 
 
 Measured by one test alone, what he did to make 
 others happy, the fame of Caesar, Alexander and 
 Napoleon sink to the level of the dust, while the fame of 
 Lincoln rises to the height of the Washington Monument, 
 the highest monument built by man for man. 
 
 The closing scene of his life, was the victory and re- 
 joicing of the North. On the Qth of April, 1865, then 
 the murder scene at Ford's Theatre, April I4th. The 
 funeral procession from Washington to Springfield, and 
 his burial. These are all household words.
 
 ART OF ADVOCATES. 37 
 
 They (lid not bury his good deeds, his fame, his great 
 career. The news went to Germany and stopped a May 
 Day feast in aa great hall ; that showed fame's climax. 
 As the news of Lincoln's murder was announced, the 
 music ceased, the glasses dropped to the tables, the 
 flowers fell to the floor ; the people marched away as from 
 a funeral. It was as though a King had passed away. 
 
 His likeness hangs on more walls, his sayings are 
 longer remembered, his deeds made more happiness, his 
 example is purer, his nobility of character is greater, his 
 power to please was larger, than that of any other man 
 born in the last hundred years. 
 
 BOY AND MAN LAWYERS. 
 
 Life has its likeness in the seasons of the year and even 
 in the parts of a day. We know there will be life and 
 seasons every year and hours in every day ; but not until 
 they come and go and show us what results will come 
 with each can we foresee their truth. They are like boy 
 dreams, just ahead; but what they can be counted on to 
 bring us is a riddle deeper than the best can solve. And 
 it is better so. A boy's most vivid dream even can never 
 tell what place awaits him later on. Like Grant, he may 
 be oftener at the foot instead of at the head end of his 
 class. 
 
 And then the boy has all to learn, has all to meet, has 
 competition made to match him every day, and he must 
 fight to win and fill each place clear full, or lose it for 
 another, better suited to the niche. This is the very gist 
 of all. Grant filled the niche. So, also, Lincoln did, and 
 Meade and Edison ; yet what a long, long struggle each 
 one had. 
 
 And so with great doctors, like Agnew, Douglas and 
 Lorenz great men, and not so great when boys not one
 
 38 DOES LAW PAY ? 
 
 of all the list, so far named, gave even promise at the 
 morning of their lives just what the day would be to 
 either one. Xot one had ever dreamed as much, yet each 
 kept thinking on, and working on, and hoping on, till 
 hope seemed his guiding star, until at last he won. 
 
 And so the Spring time of our lives may open like a 
 rainy day and seem all cheerless, hopeless, dark and 
 dismal in itself, yet brighten in the summer with an 
 autumn fruitage and a harvest of good yield. 
 
 So he who asks, what shaall the harvest be of life, has 
 framed a riddle very deep indeed which time alone can 
 solve. 
 
 The one unerring test which has applied to all the great 
 inventors, soldier::, merchants, lawyers, teachers, preach- 
 ers, writers and fortune gainers with the rest, is patience 
 and a will to work and not surrender till victory hands 
 them its reward. 
 
 And when they gain the goal and reap the harvest of 
 their lives, what else? Why, sure enough, what else? 
 What should there be but rest, and fame and honor, 
 friendship and happiness as a reward. The day ends with 
 its sunset and its rest, to wake again to-morrow. The 
 seasons pass from each to each all noiselessly Man has 
 his day, his honor, and his rest, as seasons have their 
 passing to and fro. They are not made in vain. Xo more 
 is Man. The plan of each is further off than we can see. 
 The destiny is as far beyond our vision, thought or fore- 
 caste, as school-days are a forecaste of the man. The 
 future is with one who rules the world. 
 
 DOES LAW PAY? 
 
 The questions of: Shall I study law? and where to 
 settle? are riddles that only a life experience can solve. 
 If you plan to make a fortune, try another calling than
 
 ART OF ADVOCATES. 39 
 
 the law, or gain it from a corporation. Law alone is not 
 a fortune maker. It offers insight into many trades and 
 kinds of business. The pleasure of earning fees while 
 doing good is something of itself. The thrill of saving 
 life, or liberty or estate by skill is a rare and valued 
 luxury, and there is no luxury like facing a fine audience 
 and pleasing people. 
 
 So in the end to look back and say : I have lived my 
 ideals ; I have filled out my ambition ; I have finished my 
 work and kept my high resolves, is a sure success in life. 
 He never fails who wins ; he never loses who does his 
 best. 
 
 Xot every bud becomes the perfect flower, nor every 
 bird sings sweetly as the lark. 
 
 So the swift arrow sent with certain power may cleave 
 the air, yet fail to reach the mark. 
 
 It matters less how little or how much we do in life, 
 or what we gain. It matters more hozv much ive live : 
 how many we can please by doing good. 
 
 And where did you say is best to start? If you feel a 
 burning confidence inside like, "I know that I shall win 
 this battle," then the larger city is by far the better forum. 
 I kit men may not all linger long at any starting place. 
 Beach, Conckling, Edmunds, Van Annan, Stoors and 
 Lincoln were country lawyers and outgrew their be- 
 ginnings. Edison, Ingersoll. Harrison and Hendricks, 
 I Maine and Gladstone increased in favor as they grew in 
 years. It takes a life of energy to make a name. 
 
 There must be some blending of the parts to lend a 
 harmony to skill and toil and plan and fruit. A lawyer 
 has in reach this blending power. He may excel in office 
 or in court, as counsel or as advocate, adviser to the rich 
 or champion of the poor. Phillips and Stunner belonged 
 to Boston's bluest blood, yet rose to fam eby advocating
 
 4O BIDE YOUR TIME. 
 
 freedom for the slaves, and neither one made failures, 
 though with smaller gains in law their lives were vocal 
 with great deeds. 
 
 While grudging men will hold that wise counsel need 
 not reach the fame of advocates, it is quite as certain 
 that only those with fame from being advocates are men 
 employed to do the greater work in law. Speeches made 
 Clay and Webster, Crittenden and Choate lead all the 
 rest. Speech and its logic raised Carpenter to fame. It 
 lifted Lincoln over Douglas in debate. It thrilled the 
 Senate and fills the widest space in England's Court, St. 
 James, with Choate. 
 
 All that the richest has he gives for fame. Health, 
 toil and study, struggle and no rest to earn the plaudits 
 of a state well served. The lawyer and the speaker has 
 the trade of trades, the play of plays. His is the part 
 that only stars can play and win before the footlights of 
 exacting men. His words are as the surgeon's knife that 
 parts the quivering flesh. He cannot be too wise, too 
 true or greater than his clients needs. 
 
 BIDE YOUR TIME. 
 
 Honors that last come late in life and law. Only a few 
 like Taft reach out and pick them ready-made, like a 
 District Judgship, Governorship of Philippines, and 
 Secretaryship of War, while yet young. Most lawyers, 
 like, Matthews. Edmonds, Evarts, Carter, Jewett, Carlisle. 
 Conckling, Harrison and Cleveland, lived long years of 
 preparation first, and took their honors later on. To a 
 young lawyer, more than all, the path is steep and slippery. 
 He must fall down and lost so often that it looks and
 
 ART OF ADVOCATES. 41 
 
 seems discouraging. But he is in line, and if well 
 equipped his turn will surely come, in larger fees and 
 ca^es, as his years go by. For men reverence age in law 
 who dread it in the ministry. Why? Simply that laws 
 are rules of ancient origin, so many and so complicated 
 thaat no mere boy in law can learn to comprehend their 
 clearer import. 
 
 A young lawyer may well consider this: Older men 
 are richer, older counsel have drawn their prizes, thick 
 and fast it may be. Theirs may be a carriage to drive, 
 and I to walk. But they would trade and gladly change 
 their drive for my quick and easy walk. They have 
 their honors but a little while and then another's turn 
 will come. They are looking to the evening shades. I 
 am watching for the noon-day of my life. "I'd rather 
 laugh a bright-eyed boy than reign a gray-haired king." 
 
 And then to think of living fifty years more in such a 
 world as this, with better money, better books, better 
 quarters, better Courts, better jurors, better heat, light 
 and appliances, more questions even governmnets to 
 form, great enterprises to control, vast stores, blocks, and 
 banks, railways and wireless lines, engenries of war and 
 ways of peace to manage and control ; the head work of a 
 mighty nation to map out. All these are evnets worth 
 waiting for until your turn arrives. Yes, bide your time. 
 This is a glorious age ! To be a young lawyer to-day is a 
 princely inheritance.
 
 42 TWO STRANGE DEFENSES 
 
 CHAPTER III. 
 
 Abstracts of Arguments ; Strange Cases ; Saved bv a 
 Picture; Won by a Joke; Separating Witnesses; His. 
 First Case. 
 
 TWO STRAXGE DEFENSES 
 
 I recall an instance successfully defended, where one 
 worked twenty-one months traveling for a tobacco house, 
 and was short $2,200, who changed the books to con- 
 ceal it, failed to report as collected, worked at $600 a 
 year and expenses, hoping to have an increase in July 
 and again in January, whose wife had been told that he 
 was an excellent salesman, and should be rewarded ; 
 that it mattered less what his expenses were if sales 
 were in proportion. Well. January came, and no in- 
 crease. The salesman made a statement, slipped it under 
 the store door, and fled to Canada. It clearly showed the 
 embezzlement. He wrote to the house to meet him, and 
 he would settle. He was told by one of the firm to come 
 back and work it out, and consented. Once in the States 
 he was arrested. Covered all over with guilt, to all ap- 
 pearances, how can one so guilty be defended? 
 
 Lawyers do get such cases. Let us see. 
 
 "How did this shortage arise?" "By advertising, and 
 treating, and spending too much for the house.'' 
 
 "Why did you conceal it?" "To retain my position," 
 he answers. 
 
 "Did you not fear detection?" "No, I was paying up- 
 old debts with new collections, like a retail merchant 
 buying on credit." 
 
 "Did they know of your high expenses?" "Yes, they 
 threatened me once, and wanted to limit it to $4 a da\v 
 They turned me off partly, and my wife interceded."
 
 ART OK ADVOCATES. 43 
 
 "Ah, she knew of it?" "Yes, all about it." 
 
 One witness and two circumstances may not show an 
 intent after all. 
 
 So, with these facts before the jury, a good character, 
 an excellent wife a fine woman a splendid and full 
 statement, all consistent, as stated; a memorandum book 
 with thirty paid up and crossed off embezzled items, it 
 was urged to the jury: 
 
 That there was no intent, the essence of the offense 
 established going to Canada was not embezzlement. 
 
 The statement was not of itself an offense. The 
 memorandum showed, if anything anxiety to pay. The 
 wife's statement showed he had hope of high wages. He 
 was holding on, and hoping to pay all and be even. 
 
 The time for a raise was a time of disaster. He was 
 overtaken by a storm, and hung on the life-boat of one 
 reason which should clear him ; an.riety to maintain his 
 little home, and increase the firm's business. Xot for 
 finery, or fine houses, or horses, but on a limited salary, 
 night and day, he roamed the States to build up a revenue 
 for his cigar firm. Going through 400 saloons at their 
 bidding, treating, as directed "not to be too stingy," who 
 knows but the firm had received its value? Who knows 
 but for twenty years their revenue would be increased 
 by the expenditure, had he not, after all, exceeded his 
 authority, and used too much of that money out of 
 which he had permission to pay expenses and his paltry 
 salary ? 
 
 Sure enough, this line of thought cleared him. 
 
 STRIKES AND BOYCOTTS. 
 
 The one new question in the government of cities and a 
 puzzle of lawyers, is the strike question. A single false
 
 44 STRIKES AND BOYCOTTS. 
 
 move and bloodshed, with loss of wages and destruction 
 of business for months may follow. By the right adjust- 
 ment, counsel can display both genius and wisdom. 
 
 In several cities, within a few years, great harm and 
 hardship has come from bad handling of small disputes 
 over wages or unions, that greater care and more in- 
 genuity could have easily prevented. Three instances 
 are given of adjustments that may prove instructive. 
 
 The case of Fink was a bill to enjoin the use of pat- 
 terns, buttons and striped goods, used in the making of 
 men's blouses and overalls. The men had grown up in 
 business together, and Fink started a rival factory- 
 indeed, it was a brilliant rival. Knowing the men and 
 their extensive business, this plan was adopted : An 
 order to show cause, followed by a prompt return, and 
 an examination into the facts. 
 
 On hearing day whole dray-loads of goods were piled 
 up in Court, until it resembled a clothing store. The 
 facts were that Fink early agreed to return the old 
 patterns and cease using the striped goods made espe- 
 cially for Carhart, his long use of which really had 
 become equal to a trade-mark. It was found that the but- 
 tons were union labelled, and not named for anyone, and 
 so were the blue labels, leaving so little to be considered 
 that a terse decision which held the parties had reached 
 an adjustment, honorable alike to both, and the differ- 
 ences requiring more time to adjust, the main hearing 
 was set forward a couple of weeks, and meanwhile the 
 whole trouble was adjusted to the advantage of both. 
 
 A decision in Stair vs. Theatrical Union is in point: 
 
 This suit is of great business importance. It touches 
 capital and labor at vital points. A motion is made to 
 dissolve an injunction issued on a bill, based on the Beck 
 case, which is now the law of the State in such matters.
 
 ART OF ADVOCATES. 45 
 
 In that case the Court found that the proofs sustained 
 all the charges in the bill like conspiracy, violence, co- 
 ercion, picketing, force, hindrance in business, together 
 with use of circulars, all constituting a boycott, and con- 
 spiracy to destroy a business. In this case I cannot find 
 such a grave condition. In fact, the sworn answer, by 
 four men, denies every charge of importance in the bill, 
 and leaves the burden of proof upon the complainant. 
 
 (Regarded by Gornpers and used to wide extent in 
 Pennsylvania and Ohio as a clear explanation of both 
 sides.) 
 
 P>y express words in the Beck case, using circulars 
 alone is not an illegal boycott. It was because they were 
 all coupled with other means, threats and force and 
 conspiracy, that they were held under the injunction. 
 Here, both parties used circulars, Mr. Stair telling his 
 story, the men telling theirs. 
 
 They deny on oath that Mr. Stair offered to arbitrate, 
 asserting that they worked long hours, and Sundays, 
 and urging that their offer is only the same as every 
 year. The wage question is not in issue here, that having 
 been settled. 
 
 The real issue is : Do the acts so far amount to an 
 illegal boycott ? One asserts, the other denies ; who is 
 in fault? This issue requires sworn evidence. This is 
 not a decision of the main case. 
 
 The right to fix the rate of wages and refusing to 
 serve for less, the right to organize Unions and to make 
 laws, the right to use fair persuasion, truthful circulars, 
 statements in newspapers, to make personal appeals with- 
 out threats, are vested labor rights. Even the Governor 
 freely uses circulars and dodgers to promote his plans. 
 The right to hire men, and fix the rate of hiring, to 
 discharge them for cause, to control one's business, to
 
 46 STRIKES AND BOYCOTTS. 
 
 enter and leave it without hindrance, is just as sacred 
 to the employer as the rights named are to the employee. 
 The law is impartial to both. 
 
 By the sworn answer filed, the Trades Council is a 
 mere nominal innocent party. No one has shown that 
 they took part in any form of boycott. They need no 
 injunction, as they have violated no law. even on the 
 strongest statement so far made, and they are held to be 
 not guilty. 
 
 Both parties having resorted to circulars, while each 
 side wears that the other side untruthfully stated the 
 facts, they are matters in dispute. Xo conspiracy, no 
 violence, coercion, force, picketing or direct interference 
 Avith help is shown ; even the charges of the bill are a 
 little uncertain and indefinite. In the Beck case all these 
 matters of force, coercion, interference and conspiracy 
 were found by the Supreme Court to be established 
 facts in evidence. Happily the breech is not so wide 
 liere as in that case. As stated, it was only when the 
 use of circulars was employed with the graver charges 
 that they were prohibited. 
 
 Any decision that would widen this breach with the 
 men (where they are not very far apart), would be 
 unwise and injure both sides. Certainly one who con- 
 trols forty theaters may be influenced by the use of 
 Unions, and may injure Unions by leaving certain people 
 idle whom he might employ. The law should encourage 
 men to arbitrate small differences ; here no real effort at 
 arbitration has been shown. In the Schwartz case, 
 recently heard in this Court, a laborer gained relief where 
 an employer threatened his withdrawal of business from 
 a firm, unless the laborer was discharged. Today it is 
 the employer seeking relief. Tomorrow, it may be again 
 the employee, asking protection, and in either case the
 
 ART OF ADVOCATES 47 
 
 finding must be so reasonable and just that each will 
 alike be protected. It is wiser to prevent boycotts and 
 labor troubles than to stop them when fully under way. 
 Believing that less harm wil come by a moderate restraint 
 of an employer and employee, this case will be managed 
 accordingly. It is unwise to strain relations, and thereby 
 deprive one discharged in Detroit of gaining work in 
 Toledo. Theaters extend to all cities. Anything that 
 would bring about peace and harmony is a benefit to 
 both of these parties. Anything that promotes strife is 
 an evil. With these laborers, life is a struggle for food 
 and happiness, in which their rights are governed by law 
 the same as their employer. To deprive labor organiza- 
 tions of their Union relations, of their circulars, when 
 peaceably used, of persuasion, or refusal to patronize 
 firms opposed to their Unions, serves no good purpose, 
 and tends to create even harsher means by bad blood. 
 The law must be fair, just and equal, so as to enforce 
 itself by a common desire for its universal protection. 
 
 Having grave doubts of any need of an injunction, 
 but defendants assert in open Court that they are willing 
 to be restrained from overt acts of violence and hindrance 
 to business, in the joint interest of both sides, where no 
 possible harm can come from it, the injunction will stand 
 dissolved, as to the Trades Council, and stand modified 
 so as to prevent, if need be, overt acts, like force, inter- 
 fering by threats, blockading passageways to the theater, 
 and any coercion that may be complained of, pending the 
 hearing of the main case. I did not issue the injunction, 
 but have heard the motion to dissolve. 
 
 In Deals vs. Trunk-Makers' Union a "show cause" 
 order was made in lieu of injunction, and on prompt 
 hearing an adjustment followed, showing: By all odds, 
 the usual "show cause" order in all labor troubles is the
 
 48 THE UP-HILL START. 
 
 better method, of adjustment; quicker, safer, less bad 
 blood, and no boycott. 
 
 THE UP-HILL START. 
 
 Really, the hard start is oftener the better beginning 
 for a lawyer. The forenoon school-boy rarely makes a 
 high mark in law or any business. Like the Hare in the 
 fable, he halts and rests too often, and lets the plodding 
 Tortoise win the race before him. He is too nearly like 
 the idle sons of the rich who see little need for exertion. 
 
 Give me a boy who falls down on his pleadings, is 
 driven to his wits' ends often, crowded in a corner, and 
 forced to think and plan and devise or invent a means 
 of escape. He is the inventor. He earns success. What 
 a lawyer most needs is a forced victory, a Hobson's 
 rescue, a Farragut's blockade, to test his mettle. I heard 
 of a New Mexican quarrel that drove a lawyer into 
 Mexico, and so jarred his mettle and made a man of 
 him. 
 
 He fled to Old Mexico, far into the interior, 
 changed his name, and soon altered his appearance with 
 short, curly beard and broad sombrero, so that few would 
 have known him six months after the runaway. 
 
 In the City of Mexico he practiced law, or rather 
 studied and then practiced, and joining a well-known 
 firm of advocates, he made rapid progress and some 
 money ; but his first case was still before him ; the laws 
 were strange, the forms and conveyances unusual not 
 recorded, as in the Statutes, but by bargain and sale 
 carefully copied into a deed-book, and these signed and 
 sworn to in the presence of the register. 
 
 It chanced one day that a neighboring city required 
 an advocate of skill and experience, and both seniors of
 
 ART OF ADVOCATES. 49 
 
 his firm were unable to be absent in term time, so Sal- 
 a/.arus was chosen and sent as a substitute, with a sealed 
 letter to the high court of justice, as one who "spoke 
 three languages, was blessed with rare .insight and lib- 
 erally educated, with no small experience." 
 
 Xot like Cicero's ideal advocate who had all knowle- 
 edge, who could say at the Olympian games: "Behold 
 of what shall I speak upon : law, science, philosophy or 
 mechanics? I have studied them all; the ring I wear, 
 the cloak and shoes I have on, were made by my own 
 hands, and I am not a stranger to labor." Xot this, 
 exactly, but a wise, all-round advocate, who is versed 
 in Spanish titles and customs of the King's grants and 
 conveyances. At the reading of these praises Salazarus 
 blushed deeply, but was determined to act bravely, and 
 to make a mark early, for his soul was in his mission 
 aroused, and he longed for victory. 
 
 The estate was a large one, $200,000. The suit hinged 
 upon a trifle. If the claimant could establish his rights 
 to the grant, the mines alone would bring a fortune. The 
 deed-books were not brought, but had been carefully 
 photographed, and the originals left with the register. 
 The proofs were well in when Salazarus took his place 
 "of counsel" for the defendant, and his very first efforts 
 were intensely important. "Perhaps," said the Court, 
 "our learned friend (Salazarus meaning), "will be able 
 to enlighten the Court on the matter. He comes most 
 highly recommended." The Court paused, the spectators 
 grew breathless, and leaned to catch the first utterances. 
 Salazarus could hear his own heart beat, and feel his 
 throat grow dry and husky, as he reached for the photo 
 of the deed-book and studied it in Spanish a moment; 
 then slowly and with that deliberation that lends weight 
 to argument, anc} gives force to reason, that measure
 
 50 THE UP-HILL START. 
 
 or words and care of sentences that attach value to every 
 syllable, he said: 
 
 "If your Honor please, it is clear from the writing 
 that this paper is unreal not genuine, very likely a 
 forgery. 1 mean the one from which the photo is taken, 
 for the simple reason that, being an ancient grant of 
 Spanish origin, a King's conveyance, it lacks solemnity. 
 The statute of that date requires it. It is enacted that 
 all conveyances were from he King. It should open with 
 the King's solemn greeting, and formal words well known 
 to your honor, \Dah Fa," meaning, "Have faith the 
 King is speaking.' Beyond all question this is an ancient 
 document, and this, being omitted in the cop\, shows 
 its spurious element, for with it goes credence and con- 
 fidence : without it, is chaos and confusion. ^ formal 
 requisite so vital was never omitted by a King's officer, 
 and no doubt was an oversight in the copyist, and yet 
 so essential is it to the validity of this document, that 
 without it the original is unlawful. 
 
 "However much such froms may be criticized, they 
 are sacred, binding, legal, and to omit them is to do 
 violence to our sacred customs." 
 
 Fie took his seat amid that applause that is seen and 
 felt none the less by its silence. The Court ruled promptly 
 that the omission was fatal; that the title of the land 
 remained in the defendant, who received the award with 
 emotion and satisfaction, keeping his dark eyes fixed 
 meanwhile on the face of the new "Daniel come to Judg- 
 ment," and bowing his acknowledgement, when sud- 
 denly, half springing to his feet, he exclaimed: "Oh, 
 Salazarus ! It is you ;" looking in his eyes one deep 
 glance, and Salazarus exclaims Yes, friend, it is !
 
 ART OF ADVOCATES. 5 1 
 
 AN ELOQUENT PLEA. 
 
 It was a hot summer day in Washington, before the 
 White House had been darkened by the murder of Lin- 
 coln. A crowded court-room hung upon the thrilling 
 words of a tall man in the defense of Mary Harris, for 
 the shooting of A. J. Burrows, in the Treasury Building, 
 for deserting her and marrying another. 
 
 These were a few of the eloquent words he said : 
 
 "The child became absorbed in the man. What else 
 could happen? They walked the patlway of life hand 
 in hand for many long years of hope and fond anticipa- 
 tion. He taught her to regard him as her future 
 destiny ; he was all the world to her. Her heart opened 
 and expanded under the influence of his smile, as the 
 bud becomes a flower beneath the rays of sunshine and 
 of showers. She grew up to womanhood in unques- 
 tioning obedience to his will. The ties by which she was 
 bound to him were the growth of years, and embraced 
 all the strength of her trusting, noble being. And did 
 all this have no effect upon the subsequent condition of 
 her mind when disaster came? He had carried her to 
 the highest pinnacle of happiness, she stood upon the 
 summit of a glorious expectation and all around her 
 was sunshine and gladness. Well might she exclaim to 
 my learned and eminent brother, as she paced her prison 
 floor : "Oh, Mr. Bradley, you should have seen me then ! 
 I was so happy !' Yes, though poor and humble, yet she 
 was loved and was beloved, and it was enough; she was 
 content, for in that hour, when a virtuous woman feels 
 for the first time in her life that she possesses the object 
 of her devotion, there comes to her a season of bliss 
 which brightens all the earth to her. 
 
 "The mother, watching her sleeping babe; has an ex-
 
 52 AN ELOQUENT PLEA. 
 
 elusive joy beyond the comprehension of all hearts but 
 her own. The wife who is graced by her husband's love 
 is more beautifully arrayed than the lilies, and envies not 
 the diadems of queens. But to the young, virgin heart, 
 more than all, when the kindling inspiration of its first 
 and sacred love is accompanied with a knowledge that, 
 for it in return, there beams a holy flame, there comes 
 an ecstasy of the soul, a rapturous exhalation more divine 
 than will ever again be tested this side of the bright 
 waters and perennial fountain of Paradise. The stars 
 grow brighter, the earth more beautiful, and the world 
 for her is filled with a delicious melody. This is a 
 woman's sphere of happiness. There she concentrates all 
 the wealth and unsearchable riches of her heart, and 
 stores and stakes them all upon a single hazard. If she 
 loses, all is lost, and night and darkness settle upon her 
 pathway. 
 
 "Her purity, gentleness ; her guileless truth shining 
 out in every work and act, have won to her side our 
 best and most honored citizens. Her prison cell has 
 been brightened by the noblest and purest of her sex, and 
 delicate flowers from -loftiest statesmen in the world have 
 mingled their odors with the breath of her captivity. 
 
 (Here the speaker held up to the jury a beautiful 
 boquet from the White House, worked in with rare 
 flo\vers the words, "Trust in Me.") 
 
 "Men venerable in years and strong in character in 
 their immutible principles of right, have been drawn to 
 her assistance by an instructive obedience to the voice of 
 God, commending them to succor the weak, lift up the 
 fallen and innocent in distress. 
 
 "In the name of Him who showers His blessings on 
 the merciful, who gave promise to those who feed and 
 clothe the hungry strangers at your gates, unlock the
 
 ART OF ADVOCATES. 53 
 
 prison doors and bid her bathe her throbbing brow once 
 more in the healing air of liberty. An appealing to the 
 searchers of all hearts, that eye which sees our secret 
 thoughts, with confidence in the triumph of my cause 
 and her innocence, I surrender her to your hands." 
 (Jury said, "Xot guilty.") 
 
 IV OX BY A JOKE. 
 
 Attorney Dysart. of Arizona, was employed to defend 
 several boys and girls who had been arrested for giggling 
 in church. The charge was disturbing religious worship. 
 Flder Tice -Spears was the preacher and informant. He 
 was known for his stern piety and singularly strong 
 voice. After he told his story, he sat with clasped hands 
 waiting for the defendants' attorney to begin on him. 
 He didn't have long to wait. "Sam" Dysart's cross- 
 examination was as follows : 
 
 "Brother Spears, you led the meetin' that night?" 
 
 "I did, sir." 
 
 "You prayed?" 
 
 "I did, sir." 
 
 "And preached ?" 
 
 "I tried to." 
 
 "And sung," 
 
 "I sung." 
 
 "What did you sing?" 
 
 'There is a Fountain Filled with Blood,' sir." 
 
 ( I landed him a hymn book.) 
 
 (Mere Dysart pulled a hymn book out of his pocket 
 and handed it to the witness, with the remark) : 
 
 "Please turn to that song. Brother Spears." The wit- 
 ness did so. 
 
 "Well, stand up and sing it now. if you please."
 
 54 WON BY A JOKE. 
 
 "But I can't sing before this sort of a crowd." 
 
 Attorney Dysart (with much apparent indig notion) : 
 "Brother Spears, do I understand that you refuse to 
 furnish legitimate evidence to this jury?" 
 
 "No no but, you see " 
 
 "Your Honor," said Dysart, turning to the Court, "I 
 insist that the witness shall sing the song alluded to, just 
 as he did the night of the alleged disturbance. It is a 
 part of our evidence, and very important. The reason 
 for it will be disclosed later on." 
 
 "And, mind you, Brother Spears," said Dysart, se- 
 riously, "you must sing it just as you did that night; if 
 you change a r.cte. you will have to go back and do it all 
 over again." 
 
 Then the elder sang. 
 
 The witness got up and opened the book. There is a 
 difference between singing to a congregation in sympathy 
 with you and a crowd of court-room habitues. Brother 
 Spears was painfully conscious of the fact. In the ohl- 
 time hymns you begin in the basement and work U] to 
 the roof, then leap off from the dizzy height, and finish 
 the line in the basement. That's the way the witncs-j did. 
 He had a good voice ; that is, it was strong. It threat- 
 ened the window lights. 
 
 The crowd did not smile they just yelled with laugh- 
 ter. The jurymen bent doublt and almost roiled from 
 their seats. The judge bit his cob-pipe harcer and tried 
 to look solemn. It was no use. There were onlv two 
 straight faces in the house, and one belonged to a rleaf 
 man and the other to "Sam Dysart." Sam said to the 
 jury : 
 
 "If you. gentlemen, think you could go to one of 
 Brother Spears' meetings and behave better than you
 
 ART OF ADVOCATES. 55 
 
 have here, you may be justified in convicting these boys 
 and girls." 
 
 The jury said, '"Not guilty." 
 
 THE TEACHER'S PERIL." 
 
 This school scene teaches three great The scene is a 
 country school a teacher's trial for murder More 
 letters speak of this case than any other ten cas-is. ) 
 
 The court-room is packed to witness a trial which 
 always excites a community. It comes into *heir homes 
 and interests everyone. The facts are best developed in 
 the argument. The time is Decembr, 1887. One hun- 
 dred scholars were witnesses. The case is strongly rep- 
 resented for the people, who are determined to convict. 
 (They have convicted the defendant in their hearts 
 already.) Notice the answer of the very first juror 
 sworn, to the question, "Have you formed o: expressed 
 an opinion in this case?" "Yes, sir, I have ; J IKIVJ said 
 that I am opposed to the use of fire-arms in cur public 
 schools." (Sensation.) This reflects the average bias. 
 A jury is obtained and a separation of witnesses ordered 
 one brought in at a time. Before any evidence is 
 given, both the people's and the defendant's counsel care- 
 fully state their case. 
 
 The proof was strong on both sides. A singK- incident 
 reveals a discrepancy. A scholar who saw the: shooting 
 swore that the teacher walked to his desk, took out i 
 revolver, put it in his coat-pocket on the front right-lianil 
 side, from which he drew it when he fired at Morrison. 
 This looked premeditated. On cross-examinat.on it 
 appears that defendant had no such pocket in the coat he 
 wore. 
 
 A part of the argument describes the case.
 
 56 THE TEACHER'S PERIL. 
 
 It is morning, at recess ; Calvin Morrison, an unruly 
 boy. is about to be punished. He was a fighter ; he would 
 run away and tell the teacher that he would not return. 
 The big boys laughed at him. It was verry funny to 
 them. He called the boy to punish him ; the boy fought 
 back, and was conquered. In the tussle a whip was 
 broken over the boy's arm. Another was snatched from 
 the teacher's hand by the boy, and recoiled on his nose, 
 and it bled. The boy rubbed the blood over one side of 
 his face and smeared it. School was called again, 
 and suddenly in came Morrison, the boy's father, a large 
 man of about 190 pounds. Joscelyn, the teacher, weighed 
 122. One was a slender cripple, one a giant in strength. 
 Morrison was angry. Throwing his hat on the desk, he 
 muttered : 
 
 "I want to know (using an oath) what you are whip- 
 ping my boy for ' starting for the teacher, who 
 said : 
 
 "For disobeying the rules and running away " 
 
 "Didn't you lick him for that yesterday?" 
 
 "No, but for disobeying another rule." 
 
 "Well, if you ever lay your hand on him again (another 
 oath), I'll pound you into the ground." He turned to 
 go. He saw the boy's face, he turned to Joscelyn again 
 
 said: "I've a notion to lick you now ! Do you see 
 
 that blood?" He rushed to the desk. Joscelyn drew his 
 revolver from his hip pocket and said : 
 
 "Hold on, Mr. Morrison, you lay yourself liable for 
 disturbing a school." 
 
 On rushed Mr. Morrison to the rostrum. He clinched 
 the teacher with his right hand thrown over his neck, 
 and reached with his left hand for the revolver, now 
 held off to the right at arm's length. The struggle was 
 desperate. In the extreme moment of excitement and
 
 ART OF ADVOCATES. 57 
 
 peril, Nature and instinct prompted the^ thought of 
 Joscelvn. "Oh, God, must I shoot must 1 kill him?" 
 The light went out of his eyes, the room whirled, he lost 
 control ; he knew not what had happened, whether an 
 accident or a pull at the hammer had let go the dangerous 
 bullet. Morrison was hit in the abdomen : the bullet 
 passed through the left lapel of Joscelyn's coat; it was 
 buried in Morrison's body, but the strong man struggled, 
 swearing, "Let go of it, let go of it." In a mcment he 
 wilts and weakens, and mutters, "There, I can't hurt 
 \ou now you've shot me!" still lying on the teacher. 
 
 The small man rolled the large man off, hurried for 
 a doctor, gave himself up, was held for trial for doing 
 what you. and you, and yon would shooting in self- 
 defense. 
 
 \Ye will show you by his father (who knew of 
 this terrible accident by the machine taking off part of 
 one hand) of his peculiar dread and fear of danger. We 
 will call upon his brother, and prove the warning to the 
 young man as to Morrison's quarrelsome disposition a 
 man who was hard to handle, who had five fights a year 
 on an average. We will call in the neighbors, who have 
 seen him break in the head of a sugar-barrel with his 
 fist ; who have seen him kick an old man until he was 
 senseless ; who know him to be violent and dangerous. 
 Oh, we will satisfy you, gentlemen, in spite of this pow- 
 erful army of trained scholars who ran away, 
 confused and excited, who claim the teacher fired twice; 
 who heard the breaking desk, as it was wrenched from 
 the floor ; who saw no smoke ; who found a hole an inch 
 square in the plaster, but no bullet ; who admit the 
 anger, the swearing and the clinching, but who saw no 
 need of using a revolver. Finally we will show, as if 
 to call one from the clouds to testifv, that Morrison, the
 
 58 THE TEACHER'S PERIL. 
 
 dying man, in the presence of two ministers and his 
 family, when aware of his approaching death, after he 
 had twice been prayed with, asked: 
 
 "Where is Joscelyn? He has gone for the doctor. 
 What, gone for a doctor for me?". "Yes." Is there no- 
 hope for me?" "Not in this world," said the minister. 
 
 "Then tell Joscelyn I ask his forgiveness. He will 
 forgive me. I had no business there." And, next to the 
 name of the Savior, the name of Joscelyn and his for- 
 giveness was the last thought of the dying man, Mor- 
 rison. 
 
 The judge gave all the requests of the defendant. He 
 held that a teacher stands in school, like a parent to his 
 children, and may punish them in reason, and any inter- 
 ference, like the call of Morrison, was unlawful, and 
 he could be expelled by force, as from the teacher's own, 
 home. 
 
 In the closing of the case both sides grew eloquent,, 
 but the position of defendant's counsel, that free schools, 
 are the foundation of our institutions, are sacred, and' 
 must be sustained, seemed to go home to the jury, and! 
 impressed the fact that Joscelyn could do no less than 
 be manly, and the best way to stop crime is to stop making 
 criminals. 
 
 In closing his address he gave the following illustra- 
 tions to show that bad boys make bad men : 
 
 At a reunion in the old school-house where I was 
 trained as a boy, my first teacher spoke like this : * * 
 "For nine years I taught this Union School, often with 
 few books and many scholars, in an early day. Always 
 with young men and women older and larger than myself. 
 Many were punished, for it was more the custom than 
 now. Often have I been threatened, secretly, that they 
 would 'get even with the teacher some day' (meaning,.
 
 ART OF ADVOCATES. 59 
 
 when big enough, I suppose) ; but no one ever struck 
 back. Scholars (/ have watched the progress of these 
 boys and girls as they grew to manhood and woman- 
 hood) many have outgrown their teacher in size and 
 ability to master him. I have seen the studious children 
 of the poor little boys with patches on their trousers, 
 and little girls with blue dresses of calico grow up to 
 be men and women and far outstrip and stand head and 
 shoulders over their favored fellows in eminence, and I 
 have concluded that good boys make good men, and 
 that good girls maks good women. . And I tell you, with 
 pain and with pride, that one only one of my scholars 
 turned out badly. He was unruly, ran away, went to the 
 bad, and ended in prison brought his father's gray 
 hairs with sorrow to the grave. 
 
 li Ah, gentlemen, what a story this is, and how true, 
 after all. Have we not learned it by bitter experience, 
 that bad boys make bad men ? And do we not know that 
 good boys make good men? Look about you. Look in 
 this court-room and see this array of boys and girls, 
 urged on by their parents, to fight a school-teacher 
 urged on to sustain this Calvin Morrison, a boy of only 
 thirteen summers, whose curly brow wears the scowl of 
 crime ; who swears at his teacher, fights back, and brings 
 his own father to the grafe. Great Heavens ! Has it 
 come to this has the sense of decency sunk so low that 
 a community can take such sides and set such an atro- 
 cious example ? 
 
 . (Great sensation in the court-room) * * * when 
 the speaker said : "And the King walked out and bared 
 his head, weeping and saying, 'Oh, my son Absalom ; 
 my son, my son ! Would to God I had died for thee 
 Oh, Absalom, my son ! My son ! 
 
 "I have told you, gentlemen, that, in this school-room,
 
 6o THE TEACHER'S PERIL. 
 
 that Joscelyn was in his home. Who but he should guard 
 and control it? Who but he should ward off invaders? 
 Who but he should enforce order? His home was in- 
 vaded, and he acted under the law of self-defense that, 
 in our State, makes him the judge of his own danger 
 and permits him, when so assaulted, to resist the assault, 
 even to the taking of life, and defines such an act as 
 excusable homicide. 
 
 "It is clear, then, by the evidence of both sides, that 
 there was an occasion for self-defense, which Cicero says 
 is 'A law that we are not trained in. but which is im- 
 planted in us ; that if our life is in danger bv robbers or 
 enemies, every means of securing safety is honorable! 
 * * :;: Reason has taugh.t this lav. 1 to learned men; 
 necessity, to barbarians; custom, to all nations, and Xa- 
 ture to wild beasts.' 
 
 "Besides this, gentlemen. 1 assert that laws are not 
 strong enough, statutes are not broad enough, and never 
 can be created by man. to restrain his own arm from 
 warding off danger, when his life is in peril. * 
 As it appeared to him, you are to judge hi>n. He was 
 almost alone at recess : the boys were out : he was set 
 upon and frightened : he must act, and act instantly. He 
 must contend with a giant, with an intruder without 
 warning. 
 
 "He had been enforcing the lesson f !nt the way to 
 stop crime was to stop raising criminals : and think of 
 the lesson you would teach, if you convict him for stand- 
 ing at his post in a time of danger. You w^i;id strike a 
 blow at our common-school system, which is a center 
 column of our civilization. 
 
 "He was frightened. Let me illustrate: When a 
 gentlemanly burglar called at Mr. Scotten's house one 
 night the family were fast asleep. It was 2 o'clock in
 
 ART OF ADVOCATES. 6 1 
 
 the morning. The cold steel of a revolver was pressed 
 to the sleeper's temple, and he lc->ked up ir.ro the face 
 of a masked man with a dark lantern in OIK: hand, and 
 said: I suppose yon want something? 'Yes. get up.' 
 said the burglar. He got up. 'Fold \our hands.' He 
 folded his arms meekly. 'Show nie your money, an-1 ro 
 harm will come to you.' 'Show it!' d^man-li'd the bur- 
 glar. He showed it, and when a 1 ! was taken ($7^0). a 
 bright diamond was seen on his t^ernbimg wife's finger. 
 He hesitated and said. "Oh, leave that; it .s our wedding- 
 ring.' 'Take it off!' demanded the burglar, and the wed- 
 ding ring was taken off by the husband, who went down- 
 stairs ahead (as bid) and showed the gentleman ( ?) to 
 the door, and he remained so under his control that he 
 bade him call again.' But if he had shot him, the whole 
 State would have said, 'Amen.' 
 
 "I must leave you, never to speak to you, perhaps, till 
 we shall all stand for judgment. We will know each other 
 then, our masks unll all be torn away, and you will be 
 asked, 'Have you remembered mercy?'. I ask you to 
 deal fairly, humanely, mercifully with this young man. 
 I ask you to uphold the cause that he upheld. I ask you 
 to set an example to dangerous men, and check the raising 
 of bad boys in our country. 
 
 "To him, imprisonment would be more than death. 
 Death in honor, at his age, is not to be so much dreaded 
 as a life of dishonor. Whether a wall or a door is the 
 end, death undoubtedly opens into a better life. The 
 heavens are full of worlds, by the side of cur's is but a 
 speck : but to walk up and down a narrow cell for years, 
 to come out at last, if at all, broken in body and mind, 
 and say, as men did after sixteen years of prison life at 
 Auburn: 'How sweet the air smells outside today; I 
 never knew the sunshine was so good before.'
 
 62 SAVED BY A PICTURE. 
 
 "But it will not happen : it cannot happen. 
 
 ''The last words of Morrison told, as he went to meet 
 his God. as are said to you: 'Where is Joscelyn? I want 
 to ask his forgiveness; I had no business there' 
 
 Going to his home beyond the stars, muttering self- 
 condemning words, in effect he is innocent." 
 
 Jury so found.) 
 
 The lessons are: 
 
 1. The truth is sure to be known. It is stronger than 
 falsehood. This falsehood of a truant boy caused his 
 father's death. 
 
 2. The teacher, like the captain of a ship, has com- 
 mand ; some one must rule ; all cannot act at random. 
 
 3. Good boys maks good men, and bad boys make bad 
 men. Our schools are the hope of the Nation. Only 
 trained soldiers could have whipped the Spanish. Our's 
 could read and write, think and plan and win. 
 
 4. The lesson of self-defense is clearly shown by the 
 words of Cicero, by the wedding-ring by the rule 'as 
 it appeared to him" at the time, he must be judged." 
 
 SAJ'ED BY A PICTURE. 
 
 In the summer of the year 1860, one hot night in July, 
 a herdsman was moving his cattle to a new ranch further 
 north, near Helena, Texas. As he passed down the 
 banks of a stream, his herd became mixed with other 
 Battle that were grazing in the valley, and some of them 
 failed to be separated. The next day about noon a band 
 of a dozen mounted Texas rangers overtook the herds- 
 man and demanded their cattle, which they said were 
 stolen. It was before the full rule of laws and court- 
 houses in Texas, and one had better kill five men than 
 steal a mule worth five dollars ; and this headsman knew
 
 ART OF ADVOCATES. 63 
 
 it. He tried to explain, but they told him to cut his story 
 short. He offered to turn over all the cattle not his own, 
 but they laughed at his offer, and hinted that they usually 
 claimed the whole in such cases, and left the alleged 
 thief hanging on a tree a few days, as a warning to 
 others in like cases. 
 
 The poor fellow was completely overcome. They 
 consulted apart a few minutes, and then told him if he 
 had any explanations to make, or business to do, they 
 would allow him ten minutes to do it and to defend 
 himself. 
 
 He turned to the rough faces and commenced : "How 
 many of you men have wives?" Two or three nodded. 
 ""How many of you men have children?" They nodded 
 again. "Then I know who I am talking to, and you'll 
 hear me," said the frightened herdsman, who continued : 
 "I never stole your cattle. I have lived in these parts 
 over three years. I came here from New Hampshire ; 
 I failed there in the fall of '57, during the panic. I have 
 been saving ; I have lived on hard fare ; I have slept on 
 the ground ; I have no home here. My family remain 
 East, while I go from place to place. These clothes I 
 wear are rough, and I am a hard-looking customer 
 but this is a hard country. Days seem like months to 
 me, and months like years, and but for the letters from 
 home (here he pulled out a handful of well-worn envel- 
 opes and letters from his wife), I should get discouraged. 
 I have paid part of my debts; here are my receipts (and 
 he unfolded the letters of acknowledgement). I expected 
 to sell out and go home in November. Here is the tes- 
 tament my good old mother gave me; here is my little's 
 girl's picture," and he kissed it tenderly. "Now, men, 
 if you have deecided to kill me for what I am innocent of 
 send these home, and send as much as you can for the
 
 64 SEPARATING WITNESSES. 
 
 cattle, when I am dead. Can't you send half their value? 
 My family will need it." He again kissed the picture. 
 "Tell them I said I was not guilty." 
 
 "Hold on. now; stop right thar!" said a rough ranger. 
 "Now, I say, boys," he continued, "I say, let him go; 
 he's no cattle thief ; that kind of men don't steal. We'll 
 take our cattle and let him go. Give us your hand, old 
 boy. That picture and them letters did the business. 
 You can go free, but you re lucky, mind me." "We'll 
 do more than that," said a man with a big heart, in Texas 
 garb and carrying the customary brace of pistols in his 
 belt. "Let's buy his herd and let him go home now." 
 They did, and when the money was paid over and the 
 man about to start, he was too weak to stand. The long 
 strain of hopes and fears, being away from home under 
 such trying circumstances, and the sudden deliverance 
 from death, had combined to render him helpless as a 
 child. An hour later, he left on horseback for the nearest 
 stage route, and as they shook hands when bidding him 
 good-bye, they looked the happiest band of men I ever 
 beheld. So said an eye witness. 
 
 The candor and truth of the herdsman was convincing. 
 He took the men at their words. He deserved his release, 
 but the appeal to their hearts was touching as it was 
 simple. 
 
 All men are eloquent in that which they know. He 
 knew he was right. It was the truth that made him free. 
 Truth has a language all its own. There is no counter- 
 feit in Truth. 
 
 SEP A RA TIN G Wl T NESSES. 
 
 The following incident, abbreviated from the Apo- 
 crypha of the Bible, is of great to many in practice. It
 
 ART OF ADVOCATES. 65 
 
 should be read in full, but this summary will explain the 
 salient features with clearness and interest: Joachim 
 was a rich man of Babylon ; Susanna, his wife, had two 
 children they were good and very beautiful. They had 
 all that heart could wish. In 'their garden was a rare 
 park, and through it ran pure water. 
 
 This garden was the place of holding court in Babylon, 
 The elders then were judges. There were two priests,. 
 a large and a small one. Both admired Susanna, and 
 loved her. At noonday she often bathed in the garden 
 stream, and one day, after sending her maids for towels 
 and wash-balls, she was left alone by the water, when 
 the two priests saw her alone. They sprang from a 
 thicket and one seized her by the shoulder, and turning, 
 he saw the other one in confusion. 
 
 Both remained. "Consent to us," said the larger and 
 she consented not! They threatened to report that they 
 found her with a young man, and such an offense would 
 mean death to her. Susanna cried out aloud. "Oh, what 
 a strait am I in i If I consent not, I die ! Tf I consent, 
 I sin againt God ! I will not consent." And she burst 
 the fence doors and flew away, and they cried out against 
 her. And the people called for a trial. 
 
 She came to the court-yard attended by her father, 
 mother and kindred. She was delicate and very beautiful, 
 and she was deeply veiled. The people said, "Remove 
 the veil," and, seeing her beauty, the people wept. She 
 looked up to heaven and trusted the Lord. 
 
 They told their story of finding her at high twelve 
 with the young man, who embraced her ; that they seized 
 her, and he sprang away. The people believed it, for 
 elders were judges, and they condemned her to death. 
 Then she cried with a loud voice, "Lord, Thou knowest
 
 66 SEPARATING WITNESSES. 
 
 it is all false! Deliver me from mine enemies." But 
 they proceeded to the place of execution. 
 
 Then Daniel, a young lawyer, said: What fools, to 
 condemn on such evidence! Come back, and try the 
 case legally/' They went back, and Daniel said: "Sep- 
 arate the witnesses." Then the priests testified one at a 
 time. The big elder was sworn first, and, when leaving 
 the stand, Daniel said: "Stay a moment; point out to the 
 people under which tree in the garden did it happen?" 
 
 "Under the elm tree." 
 
 ''Stand aside," said Daniel, and called the little elder, 
 who told the same story through, and was about leaving, 
 when Daniel said: "Stay! Under which tree did you 
 see them together?" He hesitated, and said: "Under 
 the palm tree" (in an opposite side of the garden). 
 
 "Thou hast also lied," said Daniel. And the people 
 arose and put both priests to death, they having convicted 
 themselves of conspiring to kill an innocent woman. 
 Then Daniel became a great advocate (with a splendid 
 practice) in Babylon. Susanna was all the more respected 
 as a virtuous and upright woman even one who could 
 resist temptation from her priest. 
 
 This incident is doubtless Shakespeare's foundation 
 for "A Daniel Come to Judgment," in the "Merchant of 
 Venice." It forcibly illustrates the power and use of 
 separating witnesses on a trial, better than a dozen pages 
 could define. It applies more to criminal than civil 
 cases, but in all assaults and general accident cases, 
 should be used and remembered. 
 
 HIS FIRST CASE. 
 
 There is a rosy halo of imagination surrounding a 
 young lawyer's ideal of professional success. He
 
 ART OF ADVOCATES. 6/ 
 
 imagines, to begin with, that his first case will turn the 
 tide of his whole future existence. He has pictured to 
 himself a widow's son, accused of a dreadful crime, but 
 little less than murder; of a network of circumstances 
 which his keen insight will unravel, and his eloquence 
 shall hold up to the jury in a bashful, trembling, pathetic, 
 original and eloquent style which sways the minds of men 
 like willows in the wind. And then, when, by rising in 
 their seats, they utter the welcome words, "Not guilty," 
 he imagines that he will lead the widow through the 
 crowded throng amid the hushed silence of an admiring 
 people, who \vill be ever ready thereafter to seek him 
 out in tims of legal danger. 
 
 But what a blunder this must be ! But one such case 
 in a million ever happen. In most cases if, by a series 
 of little losses, and a long line of labor (five years, at 
 least), a lawyer learns, by the bitter school of expe- 
 rience, that people who go to law are cautious in hiring 
 new lawyers, and more cautious of suits after the first 
 one, he has learned to bear rebuffs with patience, he has 
 made a good beginning. 
 
 Imaginary cases seldom happen. Imaginary success 
 is doubtful in any business. It needs contact with reality 
 to rub the dust from a boy's dreams of greatness. 
 
 This case that I am to speak of is not one of the 
 ordinary occurrences in practice, but more nearly life- 
 like than a boy-picture ; and I may say here that / believe, 
 cis they zvcre told me, the central facts are as true as 
 Scripture. I use his words: 
 
 "About the middle of June, 186 , in a little office on 
 G - street, some sixty days after admission to the 
 
 bar, and while burning with the youthful fires of enthu- 
 siasm, I had written some friends in the interior that I 
 would gladly serve them in any capacity, especially if
 
 68 HIS FIRST CASE. 
 
 they ever got into trouble. Why I wrote it I never knew. 
 Hardly had the letters time to reach their destination 
 
 when a telegram reached me from Q , saying. 
 
 'Come, first train ; case ahead.' 
 
 "I don'.t remember much that happened that afternoon. 
 I paced up and down the office, taking down first one 
 book, then another, glancing at Greenleaf on Evidence, 
 Chitty on Pleading, Green's Practice, looking over the 
 law books, and finally I thought best to examine the 
 forms of trespass, trover and attachment, thinking, of 
 course, that a store must be closed or a swindler prose- 
 cuted. But nothing seemed to satisfy me. 
 
 "I took the night train, and slept most of the way, 
 reaching the scene of action early in the morning. I had 
 thoroughly resolved before leaving to 'take as little bag- 
 gage and as much wit as possible/ for I have always 
 considered this a standard maxim in all cases. I was, 
 therefore, not burdened with valise, and taking a hurried 
 breakfast, I started for my friend who had sent the tele- 
 gram, and met him half-way to the village ; he lived in 
 the suburbs. He was not long in showing me the situa- 
 tion, and together we soon planned the compaign. 
 
 "The cause of action was murder, and, strange to say, 
 little was yet known of the circumstances. On the night 
 previous, while the quiet villagers were about retiring, 
 between the hours of nine and ten in the evening, a 
 shrill scream was heard from the banks of the river 
 Beisin, some eighty rods from Main street. The scream 
 was quickly followed by a sound resembling that of a 
 heavy wagon drawn over a high bridge. As near as 
 could be remembered, the words uttered in the last agony 
 of death were, 'Don't kill me! Oh, Cal, don't kill meT 
 The words were shrill and dreadfully tragic, of the min- 
 gled praying, pleading and entreating enough to melt
 
 ART OF ADVOCATES. 69 
 
 the heart of adamant. But no help was given. 
 
 "Let us see the river," was my first salutation; and 
 already I trembled at the tragedy. 
 
 "Taking a little row-boat, we paddled leisurely to the 
 opposite bank to the hut lately occupied by Cal Water- 
 man, who worked in a mill near-by, and who had not 
 yet finished his breakfast. I had previously learned of 
 a. joint insurance on the life of Waterman and his wife, 
 the murdered woman, and determined to make the most 
 of it. And here I may say that the agent who insured 
 them was the means of my connection with the story. 
 
 "Will you remain here, and let me meet him un- 
 awares?" I said, as we neared the lonely cottage. 
 
 Walking slowly up to the doorway, I met a young 
 man of nearly twenty-six years of age strong, well 
 built, with black eyes, dark features, an ugly chin, and 
 an arm like a giant's. 
 
 "Good morning, Mr. Waterman ; that is your name, I 
 believe," 
 
 "Why did he turn pale at a common salutation? 
 
 ''' 'Good morning.' came back rather gruffly. 
 
 "I live in Chicago, and have come to your citv to take 
 proofs in the loss of your wife (the insurance, I refer 
 to), looking him steadily in the face, while his eyes went 
 everywhere. 
 
 ' 'Yes, yes,' was his only reply in words, but language 
 is not all words ; 'any means by which one person com- 
 municates his ideas to another,' is a better definition. 
 
 "You had an insurance. I think, Mr. Waterman, that 
 in case either you or your wife died, the other received 
 the whole amount? 
 
 ' 'Yes, that's the plan/ said he ; 'five thousand dollars.' 
 
 "And, you know, we have to prove the loss? I con- 
 tinued.
 
 7O HIS FIRST CASE. 
 
 "Yes, I suppose so." 
 
 "Well, Mr. Waterman, we are troubled most at not 
 finding the body; can you relate to me some of the par- 
 ticulars of the accident? 
 
 "To him I treated it all as an accident ; this pleased 
 him, and I followed up the advantage. 
 
 "Let us go over to where it happened. Over we went. 
 Now tell me the story in detail. 
 
 "He started off in a rambling, irregular way, but said 
 enough to give me a key to the mystery. 
 
 "I will meet you at the office of Justice Thomas at 
 2 o'clock, and reduce the statement to writing in the form 
 of an affidavit, which will complete the proofs, if you 
 will be there, I remarked ; and he assented. 
 
 "Seeing the justice, and summoning all the witnesses 
 who heard the sounds and knew of the search for the 
 body, I was ready at the hour for the proofs to be per- 
 fected. Quite a little assemblage convened at the mag- 
 istrate's office to hear the news of the tragedy, for a 
 stranger in a village bent on an errand of such interest 
 created no little excitement. 
 
 "The story of Waterman was short and sullen. He 
 had not worked that day, and at about eight in the 
 evening had taken his wife in a row-boat for a ride. They 
 passed up some five times, and floated down with the 
 current till a little after nine, when the boat struck a log 
 in an eddy and upset both in the water. He had swam 
 to the shore, some four rbds to the right, and, hearing 
 the noise, one of the neighbors called to know what was 
 the matter, when he told him his wife had fallen over- 
 board. The man said, 'Where is she ?' Waterman replied, 
 'It's no use to look for her now; its dark, and the river 
 is very high ; it will go down in the morning.'
 
 ART OF ADVOCATES. Jl 
 
 " 'Is that all, Mr. Waterman?' I asked, as he con- 
 cluded. 
 
 " 'Yes, that's all I remember.' 
 
 " 'You say you left home at eight in the evening?' 
 
 " 'Yes.' 
 
 " 'Did you know that the river was high, and were 
 you not afraid of it?' 
 
 " 'Oh, no; I am not afraid of water.' 
 
 " 'A good swimmer, are you?' 
 
 " 'Yes.' 
 
 " 'How far can you swim?' 
 
 " 'A half-mile.' 
 
 '' 'Can you dive without strangling ?' 
 
 " 'Oh, yes, five times in succession.' 
 
 " 'And you went up and down about an hour and a 
 half, altogether?' 
 
 " 'Yes.' 
 
 " 'And the eddy is very near to the bank on the left, 
 is it not?' 
 
 " 'Yes, about twenty feet off, I should think.' 
 
 " 'And where you landed was some four rods away ?' 
 
 " 'Yes, near that.' 
 
 ' 'You started directly for the shore when you fell in, 
 did you not?' 
 
 " 'How long did you stand in one place on the shore 
 beforeMr. - - came along?' 
 
 " 'About fifteen minutes.' 
 
 " 'Your wife fell out last, did she?' 
 
 ' 'Xo, I fell out last, when the boat tipped over.' 
 
 ' 'Did your wife call for help ?' 
 
 " 'Yes.' 
 
 " 'And you stood on the bank and looked on ?' 
 'Xo, I couldn't see much.'
 
 72 HIS FIRST CASE. 
 
 " 'Could you see when you found the boat what was 
 in the bottom?' 
 
 " 'Yes, a heel of a slipper was in the bottom.' 
 
 " 'Were the oars shipped in their places?' 
 
 " 'Yes, I think they were.' 
 
 " 'And you went directly home from there ?' 
 
 "'Yes.'' 
 
 " 'And rose early next morning?' 
 
 " 'No, not till half-past seven.' 
 
 " 'How long had you been married ?' 
 
 " 'About three months.' 
 
 " 'How much insurance did you have ?' 
 
 " 'Seven thousand dollars.' 
 
 " 'All in one company?' 
 
 " 'Yes.' 
 
 " 'And you are a good swimmer, and heard your w r ife 
 beg, for God's sake, to save her, and yet you left her to 
 die, and left her in the water without alarming the vil- 
 lage, and went home and slept till seven and after; and 
 this is all you have to say in proof of your claim to the 
 insurance ?' 
 
 ' 'Xo, I have got the papers,' handing out the policies. 
 'That will do ; stand down.' 
 
 "The balance of the story is short. Witnesses were 
 sworn to show that none too good a feeling- existed be- 
 tween the newly-married pair. Evidence conclusive was 
 shown of the boat's never having been tipped over at all. 
 The heel of the slipper, wrenched off, denoted foul play. 
 The struggle and screams were evidence of more than 
 collision with a saw-log. The strong man had deserted 
 a drowning woman, only when she was dead. 
 
 "That was the belief all over the court-room; else, 
 why did he sleep like a log when his wife was lost in the 
 water? Why stand like a brute and hear no appeal to
 
 ART OF ADVOCATES. 73 
 
 rescue he, the swimmer, the diver, the mill-hand whose 
 life for years had made him accustomed to water! 
 Would a man treat a dog in this way? 
 
 "This was a kind of speech that cropped out unawares. 
 I was boiling over with revenge. But the justice looked 
 wise as he said: 'The Corpus Delicti has not been full 
 -enough for a warrant for murder. We must find the 
 "body." 
 
 "Before we separated, each witness had signed the 
 testimony, which I rolled up carefully and started for the 
 city. 
 
 "I had killed the squirrel; my object was to defeat the 
 payment of the insurance. It was defeated. But the 
 little speech was too warm for the furtherance of justice. 
 Waterman departed, where, I know not. The body of 
 his wife was found, ten days later, eight or nine miles 
 "below, with marks of violence upon it. The slipper heel 
 fitted exactly. And now, as I look back on my first case, 
 I can see with sorrow how I 'killed the squirrel,' but 
 frightened away the larger game. 
 
 "The result of victory brought business and courage, 
 in the sense of the Indians' theory that the spirit of every 
 enemy slain in battle enters into our spirit, to make us 
 stronger Indians, while defeat takes the spirit all out of 
 the defeated."
 
 74 TO PREPARE A SPEECH. 
 
 CHAPTER IV. 
 
 To Speak in Public ; How to Prepare ; 
 To Find Facts ; Things to Say ; Material ; 
 Variety ; Right Start ; Saved by a Song. 
 
 TO PREPARE A SPEECH. 
 
 Beecher used about ten notes. One would be a couple 
 of lines, another a small picture of a bush or flower, still 
 another a quarter or half-page, coarsely written, on note 
 paper. From this coarse writing I learned that 8 to 14 
 notes closely written on two No. 6 envelopes, thus : Value 
 of Man; Made in the Procession; Before '63; Earth into- 
 Money; Fitness; Rush to Banks; No Chance? Trolley 
 and Mobile ; Power to Please ; Heart in His Hand; An- 
 drew-Douglas; Fifty Years. 
 
 In short, each envelope will hold five coarse heads or 
 topics, and, if numbered and heavily written, they can 
 be committed in an hour with ease, and words framed 
 for the argument, or illustrations, as you rise and proceed, 
 and such words will be far more certain and fit and be 
 appropriate than committed sentences. That will leave 
 your thoughts and eyes free to use, as the envelope 
 should be kept out of view in the side pocket. 
 
 The President uses typewritten matter the worst pos- 
 sible preparation, as it is unsteady to hold, "wobbly" to- 
 read from and handle. The late President McKinley 
 held stiff sheets of paper in his left hand, as carefully 
 written as a party resolution, giving every word its full 
 meaning, as firmly delivered. Carl Shurtz read from 
 pencil copy, about suited to printers' typesetting, but 
 gracefully handled. Gladstone read his best thoughts 
 from slips of note paper, and enlarged on the theme 
 orally.
 
 ART OF ADVOCATES. 75 
 
 Lawyers are too sensible to load themselves with 
 bulky notes, and usually rely on either elaborated law 
 briefs and off-hand remarks ; but on the Fourth of July 
 and state occasions, they use great care in preparing 
 facts before delivery. This preparing means thinking 
 out in advance mental rehearsing reading up and fit- 
 ting in strong situations, with ample illustrations and 
 telling climaxes. 
 
 All are not like Depew, filled with spicy stories, aptly 
 applied as windows to the argument; nor like the late 
 Colonel Ingersoll, so full of words that they poured forth 
 as from a modern self -play ing instrument one who- 
 needed little time to prepare. Yet, in his lectures on 
 Shakespeare and Lincoln, he read every word from 
 printed slips, and seemed to have no committed passages. 
 Only a man of his fame as an orator could hold a vast 
 audience by such speaking. 
 
 Dolliver, Bailey and Beveredge commit mainly and 
 rely on their lines for delivery in all their public ad- 
 dresses. But, as no one can commit for all occasions, 
 not having time or notice, it is not a safe method for 
 every-day preparedness. 
 
 Here is the request : 
 
 The G. A. R. Hall is to be dedicated in Clyde on the 
 iSth, and this is the loth. That is short notice. And old 
 soldiers are great listeners ; travel, hardship and intense 
 living has made them alert and anxious. They are from 
 the country villages, the farms and the factories; they 
 are hungry for good things in their line. They will drink 
 coffee from tin cups, and eat heartily of beans and warm 
 biscuit. But they will note and remember every good 
 thing that is said to them which treats of a soldier's past, 
 his present and his future. 
 
 How shall we reach them, please and convince them?
 
 76 THE RIGHT THING. 
 
 Attract Inform Impress Begin calm, grow warm, 
 end in a storm ! That is the key to the address. 
 
 The start. 
 
 The Germans have a beautiful custom in honor of those 
 who fall upon the battlefield. They have a legend to 
 match, that just before every battle two angels pass over 
 the camp while the soldiers are fast asleep, and touch 
 with their hands gently all who are to fall on the morrow 
 marking them for a double honor ; first that they pass 
 into a painless rest above the sun, among the stars, and 
 next that their names become immortal in honor and 
 remembrance by their country. 
 
 Now go on and frame your address. 
 
 Say, on the battles of '63 : 
 
 A Soldier's Reward : Warm their hearts and renew 
 their love of country. Stir the audience with thrills of 
 heroic deeds, like the storming of Lookout Mountain. 
 
 THE RIGHT THING. 
 
 Just what to say and the right thing to say on given 
 occasions is a puzzle. It needs the inspiration of each 
 separate occasion, time, place and surroundings. It is 
 not expected to foretell occasions. It is enough to report 
 apt things done at other times, which form a parallel. 
 
 When President Roosevelt visited Detroit, scon after 
 he had taken the oath of office, he was met by a large 
 delegation at the train, early in the morning. The silence 
 was vocal everyone seemed hushed by the event. A 
 short introduction and a hearty hand-grasp followed, 
 but the scene was far more impressive than cheering. 
 Walking on rapidly and leading the committee, the stren- 
 uous man reached the cab of the panting engine, where, 
 out of the window, leaned both fireman and engineer
 
 ART OF ADVOCATES. 77 
 
 with faces covered by dust and soot and hands grimy 
 with coal handling. But to the President they were men ! 
 They had hauled him safely over the Baltimore & Ohio 
 by day and night time, all the way from Washington, and 
 he realized the situation. Quickly reaching up his hand 
 to the fireman and engineer in turn, he shook hands 
 heartily, saying : "Well done ! Well done ! Good boys !" 
 
 The applause was most hearty. The words touched 
 hundreds and no incident during his visit compared with 
 the hand-shake and the "Well done !" spoken. 
 
 In an introduction by Senator Palmer of a former 
 Governor at a club banquet, the Senator said: "We are 
 about to hear words of wisdom from a farmer. I am a 
 farmer myself, but the difference between Governor Luce 
 and myself is that Governor Luce makes his farm pay, 
 and my farm makes me pay. 
 
 It was a rather crabbed lawyer who questioned a 
 woman witness this way : 
 
 "State your name, age and residence, please." 
 
 "Hertha Frye, 16 Butternut street." 
 
 "But your a#e, Madam?" 
 
 (Witness did not appear to hear the question, and 
 things grew silent, when the Court said : 
 
 "He asked your age, Madam." 
 
 "Oh, my age ! Twenty-eight." 
 
 The judge, having a memory of her presence in court 
 before, again said : 
 
 "Were you not here some ten years ago, and did you 
 not then give your age as 28?" 
 
 And quick came the answer: 
 
 "Very likely I did, your Honor, and if I did I'll stick 
 to it. I am not one who says one thing today and an- 
 other tomorrow ! When I say a thing I stick to it."
 
 78 aREPAREDNESS. 
 
 This ended the impertinence. There is no sense or 
 reason for such questions ; but much wit in such answers. 
 
 It was at a San Francisco banquet, where men had told 
 with great eloquence of the big trees, tall mountains and 
 balmy climate of California, when Governor Luce spoke 
 to the toast, "My Michigan." He said : 
 
 "The gentlemen may expand on the beauties of your 
 climate. It is excellent. Of your mighty cedars and 
 rugged mountains, they are magnificent. They please 
 the eye and intoxicate the senses. But, better than all of 
 these, by far grander and more beautiful than these to 
 me, is the fact that the Michigan boys can look down 
 -deep into the dancing bright eyes of Michcigan girls, by 
 the side of which scenes and mountains grow pale and 
 -quickly fade from memory." 
 
 (And he won applause.) 
 
 Almost any ingenious speaker will find his fit place to 
 apply a story, legend or incident, and almost all speakers 
 are hungry to find things worth telling. As the teacher 
 told the student, who thought the Proverbs weie not so 
 very wise or wonderful : "Probably not, young man, but 
 bring me four or five in the morning to match up with 
 them ! Let us hear from your genius." 
 
 But he brought none. 
 
 PREPAREDNESS. 
 
 Invitations like the following come often to young 
 lawyers just as often as his fitness will warrant and 
 justify expectations: 
 
 "By a decided vote of our graduating class, I am re- 
 quested to write you to give us a forty-minute address, on 
 any appropriate theme you may select, at our Commence- 
 ment Exercises on the I4th instant. We will have a large
 
 ART OF ADVOCATES. 79 
 
 attendance, some 1,200, and about 100 graduates. An 
 arly acceptance will be greatly appreciated. 
 Sincerely, 
 
 PRESIDENT OF THE CLASS. 
 
 The form may vary to match Decoration Day, Lin- 
 coln's Birthday, Fourth of July exercises, in a large 
 variety of medical, legal, social lodges, etc. general 
 demands on a speaker's time and skill and ability. It is 
 the test thrown upon him a test of his skill, aptness and 
 preparedness to fill the opportunity. 
 
 In very many instances such an opportunity will be the 
 start in life, the Manilla battle of fame to a young lawyer, 
 for a decided hit, a bright address, a telling speech, is 
 often the making of a man or lawyer. It made Inger- 
 .soll's address for Elaine immortal, and Garfield's address 
 for another made Garfield President! While Bryan's 
 '"Cross of Gold" speech was not a creation in oratory, 
 but a strong argument which he had been making after 
 a thorough preparedness in beautiful diction, for a couple 
 of years previous "The Crown of Thorns and Cross 
 of Gold" were inspired phrases, born of the oc- 
 casion. . "They shall not press down a crozun of thorns 
 upon the broiv of labor; they shall not crucify the laborer 
 on a Cross of Gold," was a striking climax, and Bryan, 
 through it, may even outlive his powerful party. 
 
 By his "Lost Arts" lecture Wendell Phillips lives in 
 history. By his rebuke of Warren Hastings, Burke was 
 made immortal. In reply to Haynes, Webster reached 
 his climax, and Lincoln won fame by his Cooper Institute 
 address. So that history is full of climaxes in speeches, 
 quite as lasting as Henry's Liberty or Death argument, 
 or Douglas on Popular Sovereignty. And there is no 
 longer room for saying that all these addresses breathe 
 of preparedness in the highest.
 
 SO SAVED BY A SONG. 
 
 HOW IS IT? 
 
 Suppose, then, it be a conceded fact that accidents in 
 addresses to a jury, convention, banquet, or any occasion 
 of moment. How is it done? is the vital question. 
 
 Webster carried incidents fifteen years before using: 
 others were full and well-rounded in readiness, so one 
 should ask : 
 
 What will be the central thought or paramount object 
 of the meeting, the banquet, the Decoration Day, or the 
 Commencement ? 
 
 Finding this, he may fill himself with some apt and 
 appropriate arguments, examples and illustrations quite 
 a few are now furnished ; experience will suggest others. 
 The first step, the start in the struggle, is a well-stored 
 mind. It will suggest scores of others. Every speaker, 
 lawyer or orator is presumed to be supplied with a score 
 or so of apt stories, and few speeches will please without 
 the happy surprises, which add cornice to the argument 
 and beauty of illustrations. Let this never be too early. 
 The new graduate should start in promptly by saving 
 wise and good thoughts as a banker saves money. 
 
 SAVED BY A SONG. 
 
 One Saturday afternoon, in the summer of '98, a young 
 Kentucky minister, with his wife and children, aged nine 
 and seven years, while stopping for a brief season at St. 
 Clair Flats a little Venice settlement some thirty miles 
 above Detroit engaged a row-boat for a short row along 
 the shallows of the Flats. They had gone less than a 
 mile from the landing when the minister, in an attempt 
 to shift his position, upset the little boat, and all four fell 
 in the water, deep enough to drown all but the father, and
 
 ART OF ADVOCATES. 8l 
 
 far enough from shore to be completely out of hearing. 
 
 To add to the dilemma, the boat remained capsized 
 with both children under it, and the wife, not at all strong, 
 with only one swimmer in the family. 
 
 With one arm holding the mother from sinking, with 
 the other lifting the litle girl on the overturned boat, the 
 father saw no traces of the little son, who soon turned 
 tip playing a lively tune with his hands, as he paddled 
 hard to keep his head above water. 
 
 The little fellow was lifted into the boat, and repeated 
 calls were made for help, but no answer. At each attempt 
 to right the boat, a child would fall off, and no progress 
 could be made without turning all loose in the w r ater, 
 which attempt was soon abandoned. 
 
 Now, the weakness of the wife began to tell on her, and 
 the bravery of the little boy came to the relief. "Let me 
 go, and save the children," said the wife in a whisper. 
 "Let me go, and save mamma," said the brave little boy 
 on the inverted boat. 
 
 "Is this the day we all have to die, papa?" said the 
 little girl. "No, no, darling !" said the brave man, firmly. 
 "Some one will rescue us ; the Lord will provide a 
 rescue." "Then let us sing to Him," said the little son 
 and he started out: 
 
 "Jesus, lover of my soul, 
 Let me to Thy bosom fly." 
 
 The words were scarcely uttered when the wind grew 
 stronger, showing a storm near by. Calling loud and 
 louder, the words of the minister rang but over the angry 
 waters, and a sound of distant voices seemed to answer. 
 The minister pushed and pulled the boat into a clump of 
 rushes, and gaining a foothold, righted it, and with great 
 effort placed the wife and children inside ; but it had
 
 82 THE RIGHT START. 
 
 dipped too much water to hold a larger load, and the 
 oars were nowhere to be found. 
 
 Not daring to bid his family good-bye and frighten 
 them, the minister hastily resolved that he would swim 
 to the landing a mile or more distant while they clung 
 to the boat and kept it from drifting, by holding fast to 
 the willows that grew up there in the water in that region. 
 
 Again the little voices rang our in familiar words of the 
 favorite hymn 
 
 "Nearer, my God, to Thee, 
 Nearer to Thee." 
 
 As the father battled bravely and desperately with the 
 waves and called for aid, his only cheer was, "Nearer, 
 my God, to Thee," when suddenly two fishermen, passing, 
 inquired what was the matter? 
 
 "Throw me a board, an oar, any little bearing, and 
 hasten to the relief of my family in peril," said the min- 
 ister, pointing the direction and swimming onward. But 
 he was taken in with the fishermen, and all were safely 
 rescued, after being nearly three hours in the water, in 
 the greatest danger of death by drowning. 
 
 A more devoted little group could scarcely be found 
 outside of Eden. The following Sabbath the rescue story 
 was told from the pulpit and touched hundreds in the 
 audience to tears. 
 
 
 
 THE RIGHT START. 
 
 A holiday season is a time to take an invoice to take 
 stock, and note the progress made in any business, and 
 it should be a season for the schools and churches, in- 
 cluding general Sunday School and mission work. 
 
 Strange as it may sound, it is certainly true that all of 
 the larger banks, stores, factories, shops, schools, colleges,
 
 ART OF ADVOCATES. 83 
 
 and even hospitals, are under the direction and control of 
 Christian people. It is not a question of creed or religion, 
 or of any legal rules, but it is somehow a fact that confi- 
 dence goes with people who respect the Great Author of 
 the Unircrsc, and conform to Christian custons; that 
 bankers, managers and rulers of commerce are educated 
 men. and that their education in a sense is of a moral, 
 .and often a religious, training. 
 
 THE CRIMINAL CLASSES. 
 
 From the other side is seen the picture that wicked 
 murders, vile and cruel crimes, are oftenest chargeable 
 to ignorant, half -educated, brutal parentage, and un- 
 trained children. From ten years' Court experience, and 
 a score of years in earlier practice, I have learned that 
 boys who go wrong and become criminals start in early 
 mainly before the age of 22 years. 
 
 The County Agent makes inquiry into complaints, and 
 after the police justice finds a boy guilty, the case is 
 examined by the probate judge or circuit judge, and this 
 is the record, sworn to in Police Court, mainly by the 
 mother : 
 
 ''This boy runs away from home, smokes, swears, 
 refuses to mind, steals little things, reads dime novels ; I 
 can't control him. 
 
 It varies a little in other cases so that the prisons and 
 reform schools are filled with children badly trained. 
 The conclusion is clear that, as their training is, so will 
 they be through life. 
 
 So that the evolution of our day is: Railroads are 
 exacting of engineers, firemen, brakemen and switchmen, 
 that they keep sober. In this they teach practical temp- 
 perance more than by temperance lectures. Even banks,
 
 84 THE RIGHT START. 
 
 stores and positions of trust are bonding their help to 
 insure good men of upright habits and character is 
 capital in the age in which ivc live. Even saloon men 
 answer on the jury that they refuse to employ a drunk- 
 ard in their places of business. I know saloon men who 
 would turn the hose on a man who would insist on 
 drinking after he was drunk. I know one who sent his 
 son to the Young Men's Christian Association training 
 school, and the son now fills a high position. There are 
 men of character who once sold beverages. 
 
 So that we should not be too exclusive in training 
 and saving boys from danger; but, in the Steps of that 
 Christ whose resurrection you celebrate, go out into 
 the by-places and save the boys not well brought up ; 
 save the young girls in the factories ; save the men almost 
 without hope, in the hospitals, and say that the schools 
 of training extend to all people. And then they may 
 ask what have the churches done ? And you may say : 
 "Starting like a wave of light in New England, they 
 have moved westward, crossing the rivers, climbing the 
 mountains, spanning the prairies, building schools, fac- 
 tories, banks and business houses, saving property, and 
 saving boys and girls, planting hope in their hearts and 
 cheer in their homes, and growing broader and more 
 liberal they shall speed onward till, with all classes, 
 morality and religion shall influence our people and 
 make this a model of all nations." 
 
 Not all of the good people are found in the schools 
 and the churches, it is true, but the influence of those 
 who respect such institutions has made us a powerful 
 people, in peace, in war, in intelligence and in industry. 
 The church should be a moral business college, to prove 
 and promote young people, and you can do no better
 
 ART OF ADVOCATES. 85 
 
 \vork than to single out a boy each year and help to save 
 and promote his character. 
 
 THE GENIUS OF PLEASURE. 
 
 Goldsmith tells us that Fernanz, 'way back in the 
 distant past, was known as the GENIUS of PLEAS- 
 URE, and was believed to control all the elements that 
 ministered to the senses. The groves, the flowers, the 
 fountain, the stars, and the heavenly bodies were con- 
 trolled by his genius, and, seeing their effect upon man- 
 kind, he conceived the plan to improve men's condition 
 by culture. He selected a modest young boy, still unable 
 to talk, whom he caused to be trained by twelve philoso- 
 phers in art, science, physical culture, and the ways of 
 wisdom and justice never allowing him to mingle with 
 the opposite sex during his training. 
 
 He then selected a young girl of rare beauty, and had 
 Tier trained by twelve maidens in the ways of life, with 
 all the accomplishments of womanhood keeping her in 
 parks and gardens with pure human beings, entirely out 
 of sight of men and boys, until the age of sixteen. 
 
 It happened one day in the garden, by chance, in 
 passing a pool of clear water she saw reflected in the 
 pool an image. She waved her hand, smiled, shook her 
 head, and seeing that ia answered her signals, she then 
 exclaimed: "Why am I created beautiful?" For she 
 compared the image with herself, and readily determined 
 that it was her own figure in the water. 
 
 '.'The flowers are beautiful, that I may inhale their per- 
 fume ; the parks, that I may admire their beauty ; the 
 trees, to sit beneath their shade; the moon and stars, to 
 light my pathway by night, the sun by day ; the beautiful 
 fountains, to bathe therein ; but, oh, why am I so strangely
 
 86 SIX WISHES. 
 
 made, without some purpose and object?" She grew sad 
 and fell to thinking on a mossy bed beside a tree. 
 
 In her reverie she fell asleep and dreamed sweet dreams 
 of a being never seen before, yet greatly admired in her 
 vision. This being seemed to elude her touch, and kept 
 just barely out of reach, until finally she a \voke, when, 
 seeing the trained young man before her. she shaded 
 her eyes with her hand and said : "Oh, it is my dream f 
 Tt is my dream! Why did T awake? Why did I not 
 dream on?" And she turned to go away in sorrow. 
 Then came the young man who had been trained from 
 his youth up, and taught in all the arts and languages 
 of refinement ; and yet in this emergency he had no words- 
 to express his meaning, for deep emotion is not given 
 to easy saying. 
 
 As they approached each other he was about to lay 
 his hand upon her hair to soothe her, when Fernanz, 
 concealed near-by, was heard to say: "Stay, young- 
 man, withhold your hand ; touch her not until you hear 
 this great lesson. It is not her beauty, sir, nor your 
 manhood, that you each admire in the other all at once, 
 but it .is the training of your lives all the u'ay up, that 
 has taught you the meaning of beauty and uprightness, 
 and made you understand each other. Xow, join hands 
 and go through the journey of life together, and so act 
 and live that the whole world may know and admire the 
 beauty and purity of womanhood, the strength and power 
 of upright manhood." 
 
 SIX WISHES. 
 
 In the days of Charlemange, King of France and 1 
 Emperor of the West, about the year 768 was a bright 
 period in history. He was a wise ruler, who believed
 
 ART OF ADVOCATES. 8/ 
 
 the people should be taught habits of industry and self- 
 support. He abolished poverty three years. He even 
 went so far as to make an example by founding acad- 
 emies all over the kingdom, and to each of the academies 
 he would send one of his children, as a mark of respect 
 for learning. Thus the King's children were teachers 
 in his academies. Each school he would visit in turn 
 and hold exhibitions. 
 
 On the occasion of the birthday of 'he Princess 
 (Ogier) a prize was to be given to the one who could 
 express the finest charm or wish over the year-old prince 
 in the cradle. They had assembled with the six young 
 maidens to make the wishes, and a vast audience to 
 listen and look on. The first one, amidst breathless 
 silence, picked up the little fellow and held him in her 
 hands, saying: "What can I wish thee, Oh, fair young 
 Prince, but courage to overcome every battle in life," 
 and she passed him to the next, and the next one said: 
 "What can I wish thee? I would wish thee, Oh, fair 
 young Prince, abundant opportunity for thy courage" 
 and she passed him to the next, who said : "And I 
 would wish thee, fair young Prince, the power never to 
 be vanquished in life's battles." And the next said : "I 
 would wish thee the power to please all people;" and the 
 next said : "I would wish thee and give thee, Oh, fair 
 young Prince, the power to return pleasure to all people." 
 And the last and youngest took the little fellow closely 
 in her arms and said : "What can I wish thee, what can 
 I give thee. Oh, fair young Prince, that will brighten 
 and better thy whole life more than anything else? 
 What can I wish thee, that hath not already been be- 
 stowed upon thee? I would wish thee long life and 
 character, that thou may'st grow strong and tall and 
 wise and good, and come often and visit me in my home."
 
 88 THE KIND KING. 
 
 And the crowd applauded, and the prize was given to 
 the young girl who had wished him long life and wisdom 
 and power and strength of character. 
 
 THE KIND KING. 
 Note 
 
 1. The central purpose of a legend like this is the 
 picture of kindness which it describes. As one has well 
 said: "Legends are the cornice, drapery and ornaments 
 of literature." so they are the windows of argument. 
 They convince and impress with a lasting likeness of the 
 event itself, and no better opening of a literary address 
 can be named than some rare gem that engraves its own 
 image on the mind of a hearer. 
 
 The kind King first named in the legend had won 
 the love and affection of his people. They did not think 
 they could find one to fill his place. No wonder they 
 searched far and wide to find one as good and kind and 
 lovable as he had been. His chief virtue was his kindness. 
 
 2. It is of the new King that the legend speaks the 
 most. This "little man in furs" must have been a stu- 
 dent, as he knew how to focus the sunlight in a glass 
 and light the punk to build a fire punk being a dry 
 substance that grows on wood. It is soft, like velvet. 
 He was thoughtful, as he made driking fountains for 
 the animals. He was unselfish, as he shared his cave 
 with the searchers for the King. He was dressed in 
 furs, but they were suited to his station ; a dress to match 
 his business, for he must have been a hunter. 
 
 3. The little King was liberal, and made no charge 
 for bed of furs, and meal of meat, but he exacted a 
 promise of the men to continue the kindness to the end 
 of time. This is the climax of his life. We find him 
 kind to men and animals, fearless of danger, liberal,
 
 ART OF ADVOCATES. 89 
 
 unselfish, and capable of gaining the good-will of others. 
 These were the means of his being chosen for a King by 
 the people who wanted the best of Kings. 
 
 4. His words are touching, when he refuses money or 
 payment for kindness. He seems to draw back, in fear 
 of taking money, and says: "Oh, sirs, there is no pay- 
 ment for kindness, save in kindness to somebody else." 
 Then he urges them to continue such kindness to the end 
 of time. The simple telling of this act to the people in 
 the valley made them exclaim: "Make him our King! 
 Kindness has made him worthy to be King." 
 
 Text: In this story of a king we have the real secrets 
 of success, namely, the power to please, the power to 
 win in life, even from poverty. His case is the only 
 instance of one raised from an humble cave to a golden 
 throne. 
 
 Carlyle, the great English writer, says: "Success in 
 life, in any calling, depends upon the number of people 
 that one can make himself agreeable to," meaning, if a 
 merchant, the pleasing power brings customers ; if a 
 lawyer, it brings clients ; if a doctor, it brings patients ; 
 if a minister, it fills the church. 
 
 All nations agree upon the rule just given from Car- 
 lyle. The Germans say: "Mid der hut in der hand, geht 
 man durch die ganse land." With his hat in his hand, 
 or with politeness, man succeeds in any land. 
 
 If you look around among business men and women, 
 .singers, actors, teachers and lawyers, you will see how 
 true is the saying, that success depends upon the power 
 . to please, to do what they do in a way to satisfy others. 
 And one resolution should be made by every student, 
 namely, "I will succeed; I will do it honestly; I will help 
 others in trouble ; I will be unselfish."
 
 9O THE KIND KING. 
 
 CHAPTER V. 
 
 Legends ; Stories ; Passages ; Extracts ; Starting Matter ; 
 Variety of Topics ; How to Apply Incidents. 
 
 THE KIXD KIXG. 
 
 There is a beautiful legend in the German of a kind 
 young King among the Huns, who was so loved by his 
 people that the}' gave him a golden throne and a silver 
 crown. That soon after he died in his prime, and the 
 people said : "We will have no other King none can 
 fill his place. 
 
 Two years they waited, and finally they longed for a 
 King. At last they voted to select a King, provided one 
 could be found whom the elements obeyed and the ani- 
 mals would love. 
 
 To find such a King search was made in all the cities 
 and hamlets 'round about, but without avail. Then men 
 in pairs were sent through the fields and woods, but 
 returned without a King. Then at last they searched 
 in the mountains till, one day, two searchers for the 
 King were overtaken by a dreadful storm of wind and 
 hail and snow, which drove them for shelter into a cave 
 away up the mountain side. In the cave 'hey found a 
 little man dressed in furs. He gave them generous wel- 
 come, saying: "Come in and wait until the storm goes 
 by." He gave them warm bread and milk to eat, and a 
 bed of furs to sleep upon, and said : "Rest until the 
 storm goes by." They fell asleep, after thanking their 
 Maker, but about 2 o'clock in the night were awakened 
 by a terrible roar and noise outside. They arose on their 
 elbows and said : "We shall be killed \ve shall be 
 killed this is a robber's cave!" Then the little man in.
 
 ART OF ADVOCATES. QI 
 
 furs came out. saying: "What is this I hear? What is- 
 this complaint?" 
 
 "Hear you the noise outside?" said -the searchers for 
 a King, trembling in fear. "Is this a robber's cave?" 
 
 Going to the cave door and sliding it, the little man 
 in furs exclaimed : "Oh, I see bears, wolves, tigers,, 
 lions, wild animals out in the storm ; come in come in 
 out of the storm come, you lions, come in and wait till 
 the storm goes by !" Instantly the bears, lions, tigers 
 and wolves hurried in. The lions licked the little man's 
 hands. He stroked the tigers on the back. The wolves 
 huddled around like little lambs. "Take your places in 
 the corner there," said the man in the furs, which they 
 did, and seemed delighted to be in out of the storm, and 
 all slept again until morning. 
 
 In the morning the animals were let out. An opening 
 was made in the ceiling, and the bright rays of the sun 
 shone in. It was focused in a glass, and the fire lighted 
 from a piece of punk. By the fire a meal of meat was 
 cooked. The men were treated to a substantial meal, 
 and then shown outside, where the water in the summer 
 was caught in a fountain, where sheep and cattle and 
 animals and men could drink. 
 
 The searchers for a King were about to go They 
 remembered to pay their bill. "What shall we pay you 
 for your kindness and entertainment like this?" asked 
 the men. The little man straightened up and said, with 
 great force, very slowly: "Pay me for kindness? 
 Oh, sirs, there is no payment for kindness, save in kind- 
 ness to somebody else! Go your way over the world, and 
 when you find people in distress, so deal with them as 
 has been done to you in this storm, with this injunction, 
 that you bid them all continue the kindness to the end 
 of time."
 
 92 THE MISER S HAND. 
 
 The little man bowed and returned to his cave. The 
 searchers for a King returned to their city and knew 
 not what they had seen; but the people, always wiser 
 than one or two, on hearing the story threw up their 
 hands, exclaiming: "Make him our King! Make him 
 our King. Kindness has made him worthy to be a 
 King !" 
 
 So they sent the men once more up the st?ep mountain 
 side, and brought back the little man in furs, placed him 
 upon the golden throne, put upon his head a silver crown 
 in honor of his kindness. 
 
 THE MISER'S HAND. 
 
 The high value of excellence in art (or an address on 
 a kindred subject) could scarcely find a better model 
 than is presented by this chaste and simple likeness. Told 
 in any parlor to an assemblage of refined and talented 
 people, it will be full of that power to please quite essen- 
 tial at such gatherings. 
 
 There is a beautiful legend of a painting in Venice, 
 called "The Miser's Hand." By the story of the painting 
 a very talented young man fell in love with a beautiful 
 daughter of an old miser. The love was mutual, the 
 day set, and still it remained to break the new* to and 
 .gain the consent of the miser. 
 
 The young man presented his case, and the miser 
 scorned it. "What! You a pauper would marry my 
 daughter ? No ! No ! I will have no paupers to inherit 
 my patrimony I will leave no entailment of paupers to 
 my family !" 
 
 The young people were greatly distressed. The young 
 girl even attempted to commit suicide by leaping from 
 a high bridge into the water. She was rescued by an
 
 ART OF ADVOCATES. 93 
 
 unknown stranger from drowning, and touched by her 
 pitiful story, he promised to intercede for her and her 
 lover with the father. Taking the couple to the miser, 
 he presented their side and urged consent, but the miser 
 was obdurate and spurned them without pity, saying: 
 "I will have no paupers in my family." 
 
 "Then I perceive," said the stranger, "that it is the 
 money and not the manhood you would have your daugh- 
 ter marry?" The miser shrugged his shoulders and 
 growled. "But if he should bring you 3,000 pistoles for 
 his fortune, would you consent?" 
 
 "Three thousand pistoles ! Three thousand pistoles, 
 from a pauper!" exclaimed the miser. "Yes, yes, I 
 would consent." 
 
 (Pistole Spanish gold coin, $3.65.) 
 
 Drawing a piece of parchment from his pocket the 
 stranger sketched a hand upon it with crayon, and held 
 it in front of the miser, who exclaimed : "My God ! It 
 is my hand ! It is my own hand !" And sure enough, 
 it was an old withered hand, half-open, in the act of 
 catching a shower of gold. 
 
 Signing his name to it, the stranger said: "Take it 
 to the keeper of St. Mark's, and ask for 3,000 pistoles," 
 which he promptly did, and laid the money in the lap 
 of the miser, who consented, and the young couple were 
 married and were happy. 
 
 The stranger was Michael Angelo. The painting 
 hung for years in Venice, and was captured in the war 
 by enemies, and now only a tradition remains of it, yet 
 the legend is beautiful. It shows that fine finish, talent, 
 and perfection in everything, is akvays rewarded, and 
 brings gain to its oivner, and happiness to all zvho come 
 within its influence.
 
 <)4 NOTES TO LEGEND OF PANTHEA. 
 
 NOTES TO LEG EX D OF PAXTHEA. 
 
 Panthea, as a character, is a rival of Joser-h in purity, 
 an inspiration to a speaker and an audience. It could be 
 used by man or woman as a Woman's Club address, and 
 -even on golden wedding celebrations. To a speaker of 
 ordinary experience, it will appeal directly, and point 
 to many occasions where the true and beautiful enforce 
 attention. 
 
 1. The legend of Panthea brings out three great char- 
 acters. The devotion of Panthea to her husband, her 
 purity and influence, her gratitude to Cyrus, and her 
 fidelity to honor. 
 
 She loved Aberidates, but freely gave him to do battle 
 for the King. She would accept no position after his 
 -death, and willingly followed him to his long, long rest. 
 Her servants followed the custom of their race 
 
 2. Aberidates was equally devoted to his King and, 
 nerved by the last words of Panthea, gave force to his 
 blows and power to his conduct in battle. 
 
 When hedged in by the enemy his fight reminds us 
 of Hobson's men clinging to the raft in the night, in the 
 very face of the enemy for he fell onlv when his 
 strength was gone, and after a splendid victory. 
 
 3. Of the training and habits of Panthea and Abri- 
 dates we have no record. Of Cyrus we are told that 
 he was trained in youth to mount fleet horses, sleep on 
 the ground, live on hard fare, and later taught the prin- 
 ciples of wisdom and justice. 
 
 That when two boys, one large and one small, had 
 bought misfit coats (the small boy's boat being too large 
 and the larger one's too small), Cyrus had decided they 
 should exchange, and his teacher reproved the injustice, 
 saying: "By what rule or law do you take the property
 
 ART OF ADVOCATES 95 
 
 of one for another, without his consent? And Cyrus 
 thereby learned how to decide with justice ever after. 
 
 4. The death of Cyrus in old age is a beautiful ending 
 of a great life. He had lived to be honored and wealthy, 
 to bring up a large family, and benefit his country, when 
 a dream came to him, and he said: "I saw an angel in 
 my sleep, in the middle of the night, who said: 'Cyrus, 
 prepare to meet thy end ; the hour has come.' " He 
 called his family to bid them good-bye, saying : "You 
 have never seen the real Cyrus. When I am gone, let 
 no one look upon my face ; let no one think of me as 
 dead. I shall be living with the gods among the stars." 
 He turned to the wall and slept, and they covered the 
 great man from sight, as he had requested. 
 
 THE LEGEND OF PANTHEA. 
 
 There is a legend in one of the old Greek books of my 
 library called the "STORY OF PANTHEA." Panthea 
 was captured by the soldiers of Cyrus, in a contest with 
 the Assyrian army. When they brought the glad news 
 to Cyrus of their wonderful victory they said: "We 
 have brought you, Oh King, a most beautififl woman. 
 Even as she reclined upon the ground, covered with her 
 veils, we saw that she was a superior creature, but when 
 she did stand up and stood erect she was so divinely 
 tall and graceful in her carriage that we do declare 
 she is the most beautiful creature in all Asia, and we 
 have brought her to thee, Oh, King, as a present to thee 
 and a trophy of our victory." And King Cyrus said: 
 "If half what you say of her is true, I will not dare to 
 look upon her; engrossed as I am with the affairs of 
 state, should I gaze upon her once, I might be tempted 
 to see her another time. No, I will not see her; but
 
 96 THE LEGEND OF PANTHEA. 
 
 have a care for her see that no harm comes to her 
 for if she is a being as you say she is, she will bring 
 influence to our kingdom." 
 
 And Cyrus placed a man in charge of Panthea, and 
 he said early in his guardship: "Fair lady, I trust that 
 your husband must have been a prince, but our liking 
 Cyrus will deal more kindly with you than even he your 
 husband could have done." At the mention of her hus- 
 band, Panthea broke into tears, and tearing away her 
 veil, uncovered her face and hands, and said: "Speak 
 not to me of aught against my husband." And yet the 
 man persisted, and hinted that the separation from her 
 husband was a lasting one. 
 
 Panthea sent word to the King, and another guard was 
 placed over her, with directions to treat her with the 
 utmost kindness. Cyrus, having heard the insult already 
 offered her, he called the culprit before him and rebuked 
 him sharply. He could have taken his life, bur he re- 
 marked to the second keeper : "It is not so very strange, 
 after all, that he was in love with her, for gods and men 
 are alike in love with beautiful women." 
 
 Not long after the second keeper took charge of Pan- 
 thea, he,' too. became enchanted with her charms, 
 partly by association, partly by mutual kindness, and 
 partly by her beauty ; and this news was conveyed to 
 Cyrus, who said: "Surely a creature of such influence 
 must be of great use to our kingdom." And he sent 
 word to Panthea and bade her call her husband, and 
 come and be ally to the forces of Cyrus, which offer 
 Aberidataes, Panthea's husband, gladly accepted, and 
 hurried forward to meet his long-absent wife, bringing 
 with him 10,000 men and 10,000 horses, and cheerfully 
 joining in the forces of Cyrus. 
 
 War came on, and partly by lot and partly by design,
 
 ART OF ADVOCATES. 97 
 
 Aberidatcs, Panthea's husband, gladly accepted, and 
 battle. Before leaving, Panthea came to him to bid 
 him good-bye, and, having decorated his chariot poles 
 with ribbons and placing her hand upon his shoulder, 
 said: "My good husband, you go to battle for our King, 
 for him who did so generously save us for each other. 
 No woman loves her husband more than Panthea loves 
 thee ; but remember that we both iove, honor more. Let 
 no act of your's this day bring discredit to the cause of 
 Cyrus, but battle bravely, as if both Panthea and Cyrus 
 were standing by your side. Remember Panthea." She 
 kissed her husband and kissed the chariot wheels, and! 
 he was gone. 
 
 The battle was a fierce one. At one time the forces 
 of Abridates were surrounded by the forces of Croesius, 
 as by a strong brick wall, but, fighting with superhuman 
 energy, he cut through the lines and gained a marvelous 
 victory, losing his own life in the contest, being nearly 
 hacked to pieces, his arms cut nearly off at the wrists, 
 and his head almost severed from his body. 
 
 On hearing of his fate Cyrus mounted his horse and 
 rode hurriedly to the field. On dismounting he found 
 Panthea kneeling on one knee, holding the head of her 
 husband in her lap, and he reached out and took Aberi- 
 dates by the hand, for his body was still warm. On. 
 touching the hand it parted at the wrist, and Panthea 
 said: "Oh, take him not apart; it was my words that 
 did cheer him and urge him to his fate." And Cyrus said : 
 "Oh, great and noble friend, I will raise a monument in 
 his memory, and generations shall call him great. Say 
 what thou wilt, and go wiiere thou would'st, and I will 
 send thee." But Panthea said : "Leave me with my 
 husband yet a little while, and then you shall soon know 
 where I would be sent." And Cyrus returned to his
 
 98 BOOKS AND ENENTS. 
 
 camp, and Panthea, being alone, seized a poniard and 
 buried it in her breast, falling- dead by the side of her 
 husband. They were buried in one grave, as two who 
 did great honor to each other. And two servants killed 
 themselves and were buried by their mistress. 
 
 It is not the solemn part, but the cheering part. It 
 is not the cragic ending, but the intense devotion. It is 
 not the marriage of the two, but the influence of Pan- 
 thea, that enforces the lesson that we are teaching in 
 our schools. 
 
 The young women of our country are the Pantheas 
 of the nation. The women of the churches are the Pan- 
 .theas of the churches. They are the ones in every reform 
 -.that touch their husbands, their brothers, and their 
 sweethearts on the shoulders and bid them fight valiantly 
 in every good undertaking. 
 
 BOOKS AND EVENTS. 
 
 George Eliot has said: "There are things and events 
 that pass by us like the winds that blow, and we see 
 them and hear them no more forever. And then there 
 are other things and events that come to us and look 
 upon us with kindly eyes, clasp us with friendly hands, 
 breathe upon us their sweet breath, thrill us like a pas- 
 sion and touch us like a song; and then we are moved 
 by them." This event falls within the latter class. 
 
 One author has said that reading makes a man fit 
 company for himself. We all know he made a truthful 
 saying. About the rarest, choicest hours of life are 
 spent in the company of good books, papers or mag- 
 azines. 
 
 If we have not read the Vicar of Waketield, or Fer- 
 nanz, in Goldsmith; Panthea, or the Story of Cyrus in
 
 ART OF ADVOCATES. 99 
 
 the Greek; the marvelous pictures of war b\- Hugo, or 
 Balzac's strange wording of customs in France, or Ma- 
 cauley. Gibbon, and Shakespeare, or Dickens and Mc- 
 Carthy \ve have left out a large space in the march of 
 time, only to be covered by that ledger account so elo- 
 quently posted and preserved in Ridpa*:h's Fiistory of 
 the World. 
 
 One who has forgotten Holland's "BitU". Sweet" ior 
 some idle game of cards, and never read b.is "Kathrina*' 
 on a stormy night, has left another gap in life, never to 
 te filled until he reads their matchless pathos 
 
 Nor is the picture of a world complete that leaves out 
 Goethe and his sturdy talk of choosing eariv what one 
 must follow for a livelihood "The Fables of Aeesop" 
 and ''Sayings of Chesterfield," or an evening- spoilt with 
 "Enoch Arden" and "Cervantes" will always leave pleas- 
 ing memories for reflection. 
 
 Addison wrote no purer English than Ruskin, and 
 Elaine was as vigorous as Henry George each had art, 
 finish and originality. They were men who helped to 
 shape their times; their sayings ring in our ^ars with 
 welcome sounds. Then Lowell will te'.l uv that "Lif- 
 is a sheet of paper white, on which each one mav write 
 his line or two and then comes night." While Wb ; trier 
 will show "What might have been," a a-.! Bryant de- 
 scribes the inarch of ages and the final resting place of 
 Kings, till we almost see him fold the clrap-.-r of his couch 
 about him and lie down to pleasant dreams. 
 
 It may be Carlton who recalls the har ; ,b?r treatment 
 of the poor in old age, or Burns who sings how man was 
 made to mourn, but each rare book or ;Uory pamphlet 
 paper or magazine has touched us somewhere if the 
 .stuff in it was warm enough to reach the heart, and from 
 them all our after lives are made happier.
 
 ICO OUR CHILDHOOD S HOME. 
 
 Hale has lately hold us how the frinpe and cornice 
 drapery and paintings of our literature can be found in 
 legends these the rarest, most obscure, and daintiest of 
 all least read, are the most neglected of our books. 
 
 Take a single legend, the Creation of Man; by this 
 strange story, when the Almighty conceived the notion 
 of man's creation, He called his three gre-ic attiibutes to 
 his aid, saying to Truth: "Shall we make man?'' Truth 
 said: "Make him not; he will deny Thy law." To Jus- 
 tice H he said: "Shall we create man?" And Justice an- 
 swered : "Create him not. Father, he will destroy Thy 
 statutes, bring want and misery to life, bathe his hands 
 in human blood make him not. But, gentle Mercy, 
 kneeling near the throne, said : "Oh, create him, Father, 
 and I will follow him; wheresoe'r he goes I will go; by 
 his errors and his struggles shall he learn wisdom, and 
 at last I will bring him back to Thee." 
 
 And man was made to learn wisdom by his errors and 
 his struggles, which are always best told in rare books. 
 
 OUR CHILDHOOD'S HOME 
 
 The happy memories of our early home are never 
 obliterated. Cast down by the deepest affliction, they 
 need only be mentioned to create anew within us a 
 feeling of their long-cherished loveliness. The sun never 
 looks so beautiful, the earth never wears n mantle of 
 purer green, the birds never sing so sweetly as they did 
 at the old homestead that bright, mellow morning of May, 
 when the puffing land-ship passed through the valley near 
 our little cottage home in New England. 
 
 The gentle breeze of early summer lifted the fleecy 
 smoke from the village housetops, while the mingling 
 fog at early sunrise shaded the picture like a painted
 
 ART OF ADVOCATES. IOI 
 
 landscape. All seemed bent on leaving a lasting impres- 
 sion of beauty on the mind of her who was to bM a final 
 farewell to the home of her childhood. 
 
 Yonder passed the whistling plow-boy, with his dappled 
 team of familiar horses. Further on, the village black- 
 smith stirred the red coals with his right hand, and 
 pulled down the heavy bellows with his left. The busy 
 builder's heavy hammer blows rang out a welcome good- 
 morning as he drove home the heavy nails in a newly- 
 made dwelling. The merchant shaped, with conscious 
 pride, the figured calico in his spacious show-windows, 
 and watched wistfully for his coming customers. 
 
 Half-way up the hillside, hidden by shade trees, with 
 its front door looking eastward, stands a little snow- 
 white cottage, with its vine-shaded windows the dear- 
 est, loveliest spot on all the earth our childhood's some. 
 High upon either side, like lofty sentinels to guard its 
 sacredness. are stately elms and ember-leaded maples, 
 while trickling down hard by the garden walk runs the 
 "bright, silver streamlet, where we wandered together and 
 playfully sent our tiny ships under the water-wheel, 
 floating rapidly to the ocean. 
 
 Standing near the doorway, with one hand on a bundle 
 and the other in the warm grasp of her mother, was the 
 eldest of our happy household, waiting to say the last 
 reluctant good-bye and take her departure. Many mo- 
 ments were passed in summoning the half-audible words 
 that had so often been inaudibly repeated all through 
 the morning. 
 
 For a moment the mother and daughter hold each other 
 in a loving embrace, and whisper some words of a^'ec- 
 tion, "just loud enough to be heard in heaven," and then 
 they separate. The trusting girl turns to her brothers 
 and sisters, kissing them all with affectionave fondness,
 
 IO2 OUR CHILKHOOD'S HOME. 
 
 and at last reaches her hand to her father. Nature has 
 made him of sterner mould, but underneath his farmer 
 garb of homespun gray burns a warmer heart than that 
 carried by many a lordly millionaire. 
 
 Words to him are idle mockery. All through the busy 
 morning he had been musing on forms of loving counsel 
 to an angel child, but when she takes his strong hand in 
 her own, and looks up to him with her dark eyes full of 
 tears, to say: "Father," the words, "My daughter!" are 
 all his faltering voice can utter. 
 
 To see a mother weep is common. But man's sorrow 
 is deep and rare. , 
 
 Once more she embraces her heartbroken mother, ar.J 
 leaves the last farewells for him who has come to c'nim 
 her for his own. 
 
 What heart so flinty, or full of adamant, as to injure 
 a flower, plucked from such a golden garden? Let us 
 hope that such are few, while we tremble at their number. 
 
 Quickly and lightly they pass down the hillside, loade-i 
 with bundles, arm-in-arm together, while in the rear, with 
 heavy step and solemn heart, the father follows with 
 extra luggage. 
 
 The whistle blows, the land-ship halts before the 
 crowded station. The new-made couple enter ani n re- 
 seated. A moment passes and an uplifted window' shows 
 its white signal, which is answered by others of the 
 household. Hark! Did I hear? Yes, flouting on the 
 morning air, rings out .the last fond blessing o f a loving, 
 mother. 
 
 "Be a good girl, Hattie ! Be a good girl, Hattie !" And 
 the last words ringing in her ears as the train moves 
 swiftly onward are : "Be a good girl !" 
 
 She is gone. Fortune or adversity, sickness or pros- 
 perity will never obliterate the first and saddest parting
 
 ART OF ADVOCATES. IO3 
 
 of a happy family. Let the heart linger long on its mem- 
 ory : let the mind drink deep and often at its fountain, 
 for fame and riches and honor are empty nothings when 
 compared with its sacredness. 
 
 Ah, could we read the heart of that father or that 
 mother, what a wealth of affection would be found to 
 follow their children through the long, long journey to 
 the distant West ! These be their fortune, their idol, and 
 their all. And such is no fancy picture, but a known and 
 living reality, stamped on the memory, lighting and cheer- 
 ing the dark places of the life with diamond brightness. 
 
 THE MURDER OF LINCOLN. 
 BY WALT WHITMAN. 
 
 The President came, and with his wife witnessed the 
 play from the large stage boxes of the second tier, two 
 thrown into one, and profusely draped with the national 
 flag. The acts and scenes of the piece one of those 
 singularly witless compositions which have at least the 
 merit of giving entire relief to an audience engaged in 
 mental action or business excitements and cares during 
 the day, as it makes not the slightest call on either the 
 moral, emotional, aesthetic or spiritual nature a piece 
 ("Our American Cousin"), in which, among other char- 
 acteristics so called, a Yankee, certainly such a one as was 
 ever seen, or at the least, like it ever seen in North Amer- 
 ica, is introduced in England with'a varied plot, and scen- 
 ery such as goes to make up a modern popular drama. It 
 had progressed through a couple of acts when, in the 
 midst of this comedy, or tragedy, or none, or whatever 
 it is to be called, and to offset it or finish it out, as if in 
 Nature's and the great muse's mockery of these poor 
 minds, comes into that scene, not really or exactly to be
 
 IO4 THE MURDER OF LINCOLN. 
 
 described at all (for on the man}* hundreds who were 
 there it seems to this hour to have left little but a passing 
 blur, a dream, a blotch), and yet partially to be described 
 as it is now given. 
 
 There is a scene in the play representing the modern 
 parlor, in which two unprecedented English ladies are 
 informed by the unprecedented and impossible Yankee, 
 that he is not a man of fortune, and therefore undesirable 
 for marriage-catching purposes. After which, the com- 
 ments being finished, the dramatic trio make exit, leaving 
 the stage clear for a moment. There was a pause, a hush, 
 as it were. At this period came the murderer of Abraham 
 Lincoln. Great as that was, with all its manifold train 
 circling around it, and stretching into the future for 
 many a century, in the politics, history, art, etc., of the 
 New World, in point of fact the main thing, the actual 
 murder transpired with the quiet and simplicity of any 
 commonest occurrence the bursting of a bud or pod in 
 the growth of vegetation, for instance. 
 
 Through the general hum following the stage pause, 
 with the change of positions, came the muffled sound of 
 a pistol shot, which not one-hundredth part of the au- 
 dience heard at the time. And yet a moment's hush, 
 somehow, surely a vague, startled thrill, and then, 
 through the ornamental, draperied, starred and striped 
 space, 'way oft' the President's box, a sudden figure a 
 man raises himself with hands and feet, stands a mo- 
 ment on the railing, leaps below to the stage, (a distance 
 of perhaps fourteen or fifteen feet), falls out of position, 
 catching his boot-heel in the copious drapery (the Amer- 
 ican flag), falls on one knee, quickly recovers himself, 
 rising as if nothing had happened (he really sprained his 
 ankle, but it was unfelt then) ; and so the figure Booth, 
 the murderer, dressed in plain black broadcloth, bare-
 
 ART OF ADVOCATES. IO5 
 
 "headed, with a full head of glossy, raven hair, and his 
 eyes, like some mad animal's, flashing with light and res- 
 olution, yet with a certain strange calmness, holds aloft 
 in one hand a large knife, walks along not much back 
 from the footlights, turns fully toward the audience his 
 face of statuesque beauty, lit by those basilisk eyes, flash- 
 ing with desperation, perhaps insanity, launches out in a 
 firm and steady voice the words, "Sic semper tyrannis," 
 and then walks with neither a slow nor a very rapid pace 
 diagonally across to the back of the stage and disappears. 
 (Flad not all this terrible scene-making, the mimic ones 
 preposterous, had it not all been rehearsed, in blank, by 
 Booth beforehand?) 
 
 A moment's hush, incredulous, a scream of murder, 
 Mrs. Lincoln leaning out of the box with ashy cheeks and 
 lips with the involuntary cry, pointing to the retreating 
 figure: "He has killed the President!" And still a mo- 
 ment's strange, incredulous suspense, and then the 
 deluge ! Then that mixture of horror, noises, uncer- 
 tainty, the sound somewhere back of a horse's hoofs 
 clattering with speed, the people burst through chairs 
 .and railings and broke them up. That noise adds to the 
 queerness of the scene. There is inextricable confusion 
 and terror-stricken women faint; quite feeble prsons fall 
 and are trampled on ; many cries of agony are heard ; the 
 broad stage suddenly fills to suffocation with a dense and 
 motley crowd, like some horrible carnival. The audience 
 rush generally upon it at least the strong men do. The 
 actors and actresses are all there in their play costumes 
 ".and painted faces, with moral fright showing through 
 the rouge; some trembling, some in tears, the screams 
 .and calls and confused talk redoubled, trebled. Two or 
 three manage to pass np water from the stage to the 
 President's box ; others try to clamber up higher.
 
 106 THE MURDER OF LINCOLN. 
 
 In the midst of all this the soldiers of all this the Pres- 
 ident's guard, with others, suddenly drawn to the scene,, 
 burst in (some 200, altogether) ; they storm the house, 
 through all the tiers, especially the upper ones, inflamed 
 with fury, literally charging the audience with fixed 
 bayonets, muskets and pistols, shouting: "Clear outf 
 Clear out !" Such was the wild scene, or a suggestion 
 of it rather, inside the playhouse that night. 
 
 Outside, too, in the atmosphere of shock and craze,, 
 crowds of people, filled with frenzy, ready to seize any 
 outlet for it, came near committing murder several times- 
 on innocent individuals. One such case was especially 
 exciting. The infuriated crowd, through some chance 
 got started against one man, either for words he uttered, 
 or perhaps without any. cause at all, and were proceeding 
 at once to actually hang him on a neighboring lamp-post, 
 when he was rescued by a few heroic policemen, who- 
 placed him in their midst and fought their way slowly 
 amid great peril toward the station house. It was a 
 fitting episode of the whole affair. The crowd, rushing 
 and eddying to and fro in the night; the yells, the pale 
 faces of many frightened people trying in vain to extri- 
 cate themselves ; the attacked man, not yet freed from 
 the jaws of death, looking like a corpse; the silent, reso- 
 lute half-dozen policemen with no weapons but their 
 little clubs, yet stern and steady through all those eddying 
 swarms -made indeed a fitting side scene to the grand 
 tragedy of the murder. They gained the station house 
 with the protected man, whom they placed in security 
 for the night, and discharged him in the morning. 
 
 And in the midst of that night pandemonium of sense- 
 less hate, infuriated soldiers, the audience and the crowd,, 
 the stage and all its actors and actresses, its paint-pots,, 
 spangles and gas-lights, the life blood from those veins,.
 
 ART OF ADVOCATES. IO/ 
 
 the best and sweetest of the land, drips slowly down, and 
 Death's ooze already begins its little bubbles on the lips. 
 Such, hurriedly sketched, were the accompaniments 
 of the death of President Lincoln. So suddenly, and in 
 murder and horror unsurpassed, he was taken from us~ 
 Rut his death was painless. 
 
 NATURE'S GENTLEMAN. 
 (It Pictures Lincoln.} 
 
 When Nature, with a matchless hand, 
 
 Sends forth her nobly born, 
 She laughs the paltry attributes 
 
 Of wealth and rank to scorn; 
 She moulds with care, and spirit rare, 
 
 Half human, half divine, 
 And cries, exultingly : " IV ho can make 
 
 A gentleman like mine? 
 
 She may not spend her finer skill 
 
 Upon the outer part, 
 But showers beauty, grace and light 
 
 Upon the brain and heart; 
 No haughty gesture marks his gait, 
 
 No pompous tone his word ; 
 No studied attitude is seen, 
 
 No palling nonsense heard. 
 
 Justice and mercy for his code, 
 
 He puts his trust in Heaven ; 
 His prayer is: "If the heart be right 
 
 May all else be forgiven." 
 So few of such men gem the earth, 
 
 Yet, such rare gems they are, 
 Each shining in his hallowed sphere, 
 
 As Virtue's polar star.
 
 IO8 FLOWERS ON THE WATER. 
 
 There are some spirits nobly just, 
 
 Unwarped by pelt or pride, 
 Great in the calm, but greater still 
 
 When dashed against the tide. 
 They hold the rank no king can give, 
 
 No station can disgrace ; 
 When Nature forms her gentleman 
 
 All others must give place. 
 
 ELIZA COOK. 
 CHAPTER VI. 
 
 Short Addresses ; Value of a Man ; Stick to It ; Save 
 the Boys; Our Opportunity; Time; Flowers on the 
 Water; Decoration Day. 
 
 FLOWERS OX THE WATER. 
 (Decoration Day.) 
 
 The Story of Our Country is full of daring characters 
 and thrilling events. It has in it three great wars, ever 
 memorable in history. 
 
 The Seven Years of Revolution that gave us inde- 
 pendence and a nation of our own ; the Rebellion, that 
 gave us a more perfect Union and a more general free- 
 dom ; the Spanish-Cuban W"ar, which crowned our Navy 
 with a brilliant victory. 
 
 "The character of a people is known by the men they 
 crown," said a Greek orator. And if we crown not our 
 heroes, what motive will incite them to deeds 01 daring? 
 
 In the pages of our history no braver deeds will be 
 found than those of the patient, long-suffering boys at 
 Libby, Andersonville. and in the Army of the Potomac, 
 or at Yicksburg.
 
 ART OF ADVOCATES. IO9 
 
 The proiul part performed by the Navy in disabling 
 the enemy at Mobile; at Old Point Comfort; the brilliant 
 battle between the Monitor and the ugly Merrimac; the 
 whipping of the blockade-runner Alabama by the Kear- 
 sarge, away over by the coast of France, and that historic 
 passage of that brave old Commodore Farragut, as he 
 sailed down the Mississippi and aided Grant in the cap- 
 ture of Yicksburg, 'way up toward the stars, lashed to 
 the mast, he went, as through the fires of Hades, on to 
 his victory ! 
 
 "Brave boys were they, 
 
 Gone at their Country's call ; 
 And yet, and yet, we cannot forget, 
 
 That many brave boys must fall." 
 
 And we are met to remember them ; to throw out on 
 the blue waters the flowers of sweet incense to their 
 memory. We cannot comprehend the hardships they 
 endured, on both sides. We know they gave their lives 
 to save their Country; went out in the morning of life, 
 in the honeymoon of their hopes and happiness they 
 served, at a time when the Senate Chamber was an 
 arsenal, when soldiers were quartered in the halls of 
 Congress when the life of the nation hung in the balance, 
 when brave men and the God of Battles saved our 
 Country. 
 
 In this bright era of our history, it is fitting that we 
 honor every hero of our wars, living as well as dead, and 
 give them all the flowers we can. 
 
 When the Silent Soldier reached the Golden Gate, 
 after his two years' trip around the world, loaded with 
 honors, he was met by the mayor and a vast concourse 
 of people, on either side a file of school children, with 
 flags and flowers. The flags they waved, the flowers
 
 HO HABITS AND TRAINING. 
 
 they threw in his pathway from steamboat to hotel, and 
 "Speech! Speech!" came from all sides. The strong 
 man bowed his head and trembled. He, who had met 
 kings and emperors ; who had led great armies to victory, 
 trembled as he said : "A nation that trains its young men 
 and women in its schools to love the flag, cannot fail to 
 rank among the nations of the earth." 
 
 So, let us teach that the character of a nation is known 
 by the men we crown. 
 
 HABITS AND TRAINING. 
 
 Lycurgus, the ancient law-giver, to convince his King 
 of the value of training and education, ingeniously 
 argued : 
 
 "I would show thee, Oh, King, the value of habit and 
 training upon a people, for as their training is, so will 
 they be all through their lives. I would show thee by 
 example of my little dogs. 
 
 The King, being a lover of dogs, said: "Bring in 
 your dogs." 
 
 The dogs were sent for, when Lycurgus said: "This 
 little dog on my left has been petted and fondled and 
 fed on bread and milk, and kept in the house. This little 
 dog on my right, his own brother, has been taken to the 
 chase and taught to hunt the hare and brirg it to his 
 master to make his way in the world by hunting. Now, 
 bring in a platter of bread and milk and a live hare," 
 which, being done and the milk placed furthest from the 
 house-dog, and the hare furthest from the hunting dog, 
 the law-giver said: "Now, let go the dogs;" which, being 
 done, the house-dog ran at once to the milk platter, and 
 never stopped until he had eaten all of it ; and the hunting 
 -dog made chase for the hare, and stopped not until he
 
 ART OF ADVOCATES. Ill 
 
 had caught it and laid it at his master's feet. And 
 Lycurgus said: "You see, Oh King, by the example of 
 the little dogs, that, as their habit is and as their training 
 is, so will they be all through their lives. And so also 
 it is with men and children." 
 
 KILL THE SQUIRREL. 
 
 The real winter in Life, after all, is one who, with 
 a single plan and purpose, holds to his point and duty to 
 the end. Most people have too many aims. 
 
 An excellent example is in the story of a lawyer se- 
 lecting a clerk. The lawyer put a notice in an evening 
 paper, saying that he would pay a small stipend to an 
 active office clerk. Next morning his office was crowded 
 with applicants, all bright, and many suitable. He bade 
 them wait in a room until all should arrive, then ranged 
 them in a row and said he would tell a story, and note 
 the comments of the boys, and judge from that whom 
 he would engage. 
 
 "A certain farmer," began the lawyer, "was troubled 
 with a red squirrel that got through a hole in his barn 
 and stole his seed-corn, and he resolved to kill that squir- 
 rel at the first opportunity. Seeing him go in at the 
 hole one noon, he took his shot-gun and fired away. The 
 first shot set the barn on fire." 
 
 "Did the barn burn?" asked one of the boys. 
 
 The lawyer, without answer, continued: "And seeing 
 the barn on fire, the farmer seized a pail of water and 
 ran to put it out." 
 
 "Did he put the fire out?" asked another. 
 
 "As he passed inside, the door shut to, and the barn 
 was soon in full flames, when the hired giri rushed out 
 with more water "
 
 112 EACH ONES PART. 
 
 "Did the hired girl burn up?" said another boy. 
 
 The lawyer went on without answering: "Then the 
 old lady came out, and all was noise and confusion, and 
 everybody was trying to put out the fire." 
 
 "Did they all burn up?" said another. 
 
 The lawyer, hardlv able to restrain his laughter, said: 
 "There, there; that will do. You have all shown great 
 interest in the story, but observing one little bright-eyed 
 fellow in deep silence, he said: ''Now, my little man, 
 what have you to say?" The little fellow blushed and 
 stammered out: "I want to know what became of that 
 squirrel that's what I want to know." 
 
 "You will do," said the lawyer; "you are my man; 
 you have not been switched off by a confusion and a 
 barn's burning, and hired girls and water-pails ; you 
 have kept your eye on the squirrel." 
 
 A whole chapter is given to this story. It is packed 
 full of excellent advice to beginners, with a few good 
 hints to older people. In every calling there is, or should 
 be, one squirrel to kill, and no more. 
 
 EACH OXE'S PART. 
 
 Bishop Neuman said: "The true basis of all liberty 
 is law." Absolute liberty is impossible. A restraining 
 influence is essential to growth, to security, to character. 
 Without the limit of law, the ownership of property would 
 cease, and men would contend for their share, as wolves 
 divide their substance. 
 
 "Without the restraint of law, the trees might grow 
 and reach above the sky ; without the limit of law, the 
 ambition of man, with his present environments, would 
 never cease till he managed the earth and stood above 
 the sun; without the limit of law, the sun and stars and
 
 ART OF ADVOCATES. 113 
 
 elements on high would clash and melt, and roll to chaos 
 in a maddened mass. The law that makes us, keeps us, 
 rules us, gives us scope for effort and reward 's, after 
 all, the better law for everyone. It leaves man withh> 
 its limits to work out mighty plans and accomplish great 
 results. 
 
 The characters in history that stand out .ior>e have 
 inherited qualities that were bred in their nature. Caesar 
 to rule ; Anthony to be moved by impulse ; Gibbon to 
 write and reason ; Napoleon for war ; Howard to phil- 
 anthropy ; Addison to refinement ; Washington to free- 
 dom but each worked out his own destiny, and when 
 we get down to the bed-rock of character, it demands 
 individualism. It is not enough that others succeed and 
 have succeeded ; the condition is a personal one. Pie that 
 is wise, is wise for himself. He that fails must turn to 
 himself, and not to another for the cause of his failure. 
 
 Heaven would not be Heaven alone to me, if all the 
 streets were gold, the gates were pearl, the leaves of 
 silver, and the walls of jasper. It's not enough to say 
 of it that the good of all ages are massed together there; 
 that statesmen and scholars and wise men are there. 
 They will not make it Heaven to me. 
 
 It's not enough that I shall meet the friends that have 
 gone before me there ; that cannot create a Heaven for 
 me. It's not enough that waiting angels may attend the 
 grounds to show us where our loved ones are. It's not 
 enough that, just within the gates, a fond mother may 
 be stationed ready to stretch forth her hands of welcome 
 there. Even that mother has not power to make it a 
 Heaven for me, for Heaven must be born within, and 
 must become a part of self to be enjoyed. 
 
 A good character needs stability. 
 
 You remember that beautiful epoch the Book of Job
 
 H4 EACH ONE'S PART. 
 
 how the man of flocks and herds and lands, and family 
 and power, later became poor and lost his property and 
 lost his health ; how the black leprosy ate into his burning 
 flesh, and yet he held his character; how, when his family 
 turned against him and his own wife urged him to take 
 his life to curse God and die yet he was fi'in and 
 said: "I will wait for the fullness of my time; all the 
 time my breath is in me my tongue shall not utter deceit ; 
 till I die I will not remove my integrity from me." 
 
 To form a character is the work of years one must 
 learn to be somebody, and do something, like Edison, 
 Grant, Dewey, Hobson, or Funston. 
 
 Character means something done, and well done. It 
 means manhood and womanhood. 
 
 In the great Roman play, "Virginius," where the father 
 seeks to rescue a little daughter, Virginia, that had been 
 stolen from him, you remember the father says, as he 
 sees he must lose his daughter: "Give me men, and I 
 will rescue her. Where are the men? Give me men 
 with hearts in their hands, and I will rescue her; the 
 hand is no stronger than the heart. Give me men!" But 
 there are no men, and he goes over to his tender little 
 girl and talks with her a moment, and while talking 
 with her he drives a dagger to her heart, rather than 
 that she should become the prey of an unworthy despot. 
 
 Give me men in the churches ; give me men in society ; 
 give me men in position ; give me men, and I will rescue 
 the state; give me men, and I will rescue the country. 
 The world wants men; the church needs them; the 
 women control it. The women are the stars of the 
 churches in every city of our country.
 
 ART OF ADVOCATES. 115 
 
 THE VALUE OF A MAN. 
 
 The value of a man depends upon his equipment for 
 the duties of life mental and physical preparedness. 
 
 The recent rapid strides of inventions which, in effect, 
 are making the earth into money like iron ore into 
 armor-plate at enormous profits ; have enforced atten- 
 tion to man's great value in the industrial world. When 
 the skill and genius of one can replace the bone labor of 
 hundreds, the world wants the quality of such brain 
 power. 
 
 Up in the Lake Superior region are scores of iron 
 mines that furnish surface ore for the steam shovel, for 
 the flat boat, at 50 cents a ton, ready to be floated and 
 shipped to Pittsburg and there melted into a running 
 stream, over which men sit in wire cages and drop in 
 chemicals to make the cheap ore into Bessemer steel, 
 structural steel, tool steel of high value, and armor-plate 
 worth $465.00 a ton, while whole nations are buyers as 
 fast as produced, at a profit which has made and makes 
 more millions per year than the wildest dream of 
 Alladin ! 
 
 But the real value is in the man who made possible 
 the process of turning earth into money. 
 
 The "Little Minnie" twine binder reaper is now the 
 mighty harvester of millions of bushels of wheat on the 
 plains of Kansas, Minnesota and the Dakotas. Where 
 once was a wilderness and a desert, today is the granary 
 of the world. Dr. Armstrong's thirty-five years of 
 struggle was the pioneer of its great invention. 
 
 Many a time during the last score of years could 
 thousands of settlers have said: "It is impossible; the 
 country is bleak and windy, beset by blizzards and grass-
 
 Il6 THE VALUE OF A MAN. 
 
 hoppers ; it will not pay to work it longer." But the 
 sturdy, strong pioneers who looked away ahead into the 
 future said: "Nothing is impossible to the American 
 farmer, and farmer millionaires are the latest product of 
 the great Western wheat belt, and honor and dignity 
 and ease and comfort is the heritage of the farmer and 
 his family. 
 
 And what of the men who once cut the grain with a 
 cradle? The men who harvested by hand? Is their oc- 
 cupation ended? By no means, while they can still com- 
 mand $18.00 a week as harvesters, and 12.00 a day as 
 chemists in the steel smelters. 
 
 So the grain raisers, the builders, the mine workers 
 and owners owe their riches largely to the inventor. 
 
 But the cloth weaver and shoemaker, with a loom that 
 ties its own thread, with a process that needs two girls 
 to do the work once done by thirty weavers, and a ca- 
 pacity of thirty-two pairs of sewed shoes daily per man, 
 shoes of the finest finish, is a fortune and a compliment 
 to these inventors, and an added value to the character 
 of McCormick and McKay as promoters. 
 
 And now, with our Edison light and 'phone and pho- 
 nograph on the eve of storage power "to release the 
 horse from his thraldom" and move fine palaces through 
 the air with ease and stillness, we have learned the value 
 of Edison as we never did before. 
 
 The life-saving process of airbrakes, the automatic 
 printing presses, the sewing machine, the bicycle, the 
 trolley lines and steam engine, were thought out by men 
 who could have surrendered, and said: "It is impos- 
 sible ;" but they saw nothing impossible to American 
 inventors. How we could enlarge the theme on tools 
 and tin goods, of pins, bolt works, of matches and marble 
 cutters, of wire nails and gimlet screws, of sail boats and
 
 ART OF ADVOCATES. 117 
 
 floating palaces on the lakes and oceans, on firearms, 
 armored cruisers, on homes, in place of cabins but the 
 thinker comprehends them. 
 
 The value of a man is in his doing something useful. 
 
 The Boyer Tool Works, of St. Louis, Chicago and 
 Detroit is an example of Joseph Boyer's labcr-saving 
 inventions. With air pressure power, one a riveter for 
 clinching boiler and bridge rivets from the outer side, 
 one a drill that easily cuts through steel, marble or 
 copper, and armor-plated ships for port holes, while 
 another device, "The Little Giant,'' lifts mighty trusses 
 high in the air by the same air process, and still another 
 works granite or marble into statuary faster than 300 
 men could do it by hand carving. 
 
 Any secret about Boyer's success? Yes, two of them: 
 One, the intense application to think out Hiree inven- 
 tions worth nearly a million dollars each, and one the 
 refusal to surrender when he was a poor, struggling 
 workman. Now he runs the finest factory in a banner 
 city of factories, where are the largest seed works, the 
 largest stove works, car works, medicine works, in the 
 world ; and the Boyer Tool Works leads them all in 
 light, in bathrooms and workrooms for the men. 
 
 Any other secret in his success? Certainly. His 
 intense belief in himself and his work, his power to 
 please his workmen. He is like Edison, a believer that 
 genius is composed of 98 per cent, sweat and 2 per cent, 
 accident. 
 
 Pullman's value as a palace car builder reached beyond 
 $10,000,000, and he gave the world a splendid line of 
 sleeping palaces, floating through the air. His chief 
 error was his indulgence with his sons, college-educated 
 and college profligates! Their lives teach in italics that 
 patience and personal fiber by far outweigh ready-made
 
 Il8 THE VALUE OF A MAN. 
 
 fortunes to anv young man ; that the one lesson of all 
 in successful business is, to stick to it, no" surrender, 
 hold on, cultivate diligence as the next neighbor to wis- 
 dom and the main element of genius. 
 
 Since the critical operations by Dr. Lorenz on the 
 little helpless cripples, making the lame to walk and 
 filling their hearts with joy and happiness, attention has 
 been directed to the value of trained men in this world 
 of ills and troubles. We had looked on with bated breath 
 at the treatment of the martyred McKinley, and the 
 dangerous operation on King Edward, the success of the 
 Pasteur Institute, the modern devices of lives saved by 
 skill and genius, with increasing wonder at their mar- 
 velous progress. The doctors as a class are making life 
 longer. The lame can walk, the blind are made to see, 
 reason is restored, and happiness prolonged. 
 
 The business world watches with strained intensity 
 over the progress in ship buying and navy building, the 
 improvements in bridges and tunnels, and the march of 
 science, the new needs and uses of fuel, the abatement 
 of smoke, and the purity of drugs and food supplies. In 
 the world of dangers from unseen sources the scientist 
 may well say, with Aggasiz : "I have no time to make 
 money ;" yet he draws a yearly salary equal to that paid 
 the President. 
 
 And what are we all coming to when Attorney Dill 
 can earn a million by settling a single chancery suit. 
 And Morgan may draw twenty millions by two millions 
 invested, and Rockefeller may mark up his oil holdings 
 two millions during his dinner hour, and Twain can turn 
 bankruptcy to fortune with a trip under the equator? 
 
 Then the value of man is in himself! 
 
 Do men doubt the value of leadership in business any 
 longer? (They are the range-finders of business chances.)
 
 ART OF ADVOCATES. 119 
 
 If so, thev may look toward Frick and Schwab in the 
 .-tec! works, to Hill, Dnpont and Haves in railroading, 
 to the giants in finance and shipbuilding, and learn from 
 either and all of them, and their associates, the value of 
 a man who can stand the sharp strain of competition with 
 the nations who covet and envy American enterprise and 
 American progress, which is another name for American 
 genius, that knows no surrender ! 
 
 Man's value is in his work, his skill, his art, genius, 
 wisdom, his plans perfected, instructions followed, the 
 confidence he secures, the influence he exerts, the good 
 he accomplishes by unselfish actions, the sum of happi- 
 ness he furnishes to others less fortunate, the life-work 
 he leaves as his monument. 
 
 STICK TO IT. 
 
 At the dedication of Bunker Hill Monument the crowd 
 pressed hard on the grandstand and speakers' platform. 
 Crowds of people had come from many cities Hart- 
 ford, Albany, New York, and Springfield till the throng 
 in Boston was of large proportions, threatening the 
 safety of thousands at the grandstand. The chairman, 
 being unable to preserve order, requested Mr. Webster, 
 the orator of the occasion, to urge the surging mass to 
 fall back for their own safety. 
 
 The matchless orator stepped forward, and raising 
 his strong hand to the audience, said : "Your chairman 
 requests that you fall back a little for your own safety !" 
 "From the right, the left, and the middle came the quick 
 answer: "It is impossible. We are wedged in. It is 
 impossible, Mr. Webster. We cannot fall back!" 
 
 To an ordinary speaker this answer would end the urg- 
 ing, but not with Daniel Webster. He raised himself
 
 I2O STICK TO IT. 
 
 taller and stronger, and with both hands uplifted said, in 
 his Websterian tones : "Impossible ! Impossible ! To 
 Americans at Bunker Hill nothing was impossible. Fall 
 back!" And they fell back as from a cannon's shot. 
 
 To the average young man who has first learned what 
 very many will learn early by experience, that banks and 
 stores and shops and professions are not at all anxious 
 to engage his services when fresh from the High School 
 or college, trials will come like crowds at the monu- 
 ment, and require a Websterian determination to force 
 them back by his own heroic energy to make room for 
 himself. 
 
 In the Story of Our Country are hundreds of cases 
 like the one given, where only by some master hand and 
 superior energy could opposition be overcome and turned 
 backward. Columbus met it and refused to turn back- 
 ward. Washington, after seven years of hardship in 
 camp life, with hungry men, ill clad, without means or 
 resources, met with wolves and wild men, matched by an 
 enemy superior in numbers in a bieak and almost barren 
 country, could have said : "It is impossible, we are 
 wedged in ; we are hungry, cold and famishing. It is 
 wiser to surrender. You have done nobly ; I thank you. 
 Go to your homes, and may God bless you!" But, Web- 
 ter-like, nothing seemed impossible to Washington and 
 other patriotic Americans in their struggle for liberty 
 nozv our liberty! 
 
 Lincoln was met by a divided country. The hardships 
 of his soldiers were unequaled in all history in Libby, 
 in the Wilderness, at Andersonville. One-half of his 
 countrymen said: "It is impossible; it is impossible!" 
 But, W r ebster-like, the plain man looked far ahead of 
 others into the deep future, saying : "To Americans, in 
 their effort to save their country, nothing is impossible !"
 
 ART OF ADVOCATES. 121 
 
 And he gave us a free and united country. 
 
 A thousand of such examples, like Franklin at the 
 Court of France, Grant at Vicksburg, Hooker at Look- 
 out Mountain, Sheridan at Winchester, Field with the 
 Atlantic cable, Edison in his patient endurance (thirty 
 hours at a time), a life of patience in- fact every great 
 deed that has been done for our country, teaches the 
 lesson of Stick to It. Hold On. Be Heroic. Be Stead- 
 fast. Don't Surrender. 
 
 Inventors have learned it, spending years to discover 
 the twine binder for reapers, the lock-stitch for the 
 sewing machine, the automatic printing press, the process 
 of turning iron into armor-plate, the storage battery, the 
 trolley car, the weaving loom, the marvelous shoe ma- 
 chine, and the ocean steamer. The inventors of all these, 
 and of thousands of other improvements, who have added 
 untold wealth to our countt y and happiness to her people, 
 were men who practiced the art which crowds back 
 opposition and says: Stick to It! 
 
 From every story, legend, picture or illustration will 
 shine forth the lesson of boys' and girls' heroic start in 
 life, of the elements that make men and women and 
 create opportunities, that enforce attention by the lessons 
 of life in practical examples. In short, lessons that speak 
 in pictures, reason in allegories, and hang their con- 
 clusions like maps in the memory, to remain there 
 forever. 
 
 OUR OPPORTUNITY. 
 
 George Eliot said : "The delightful first experience in 
 anything takes on a hue that is never attained by any 
 after repetition of the same." And Dr. Oliver Wendell 
 Holmes said: "It is faith in something, it is hope in
 
 122 OUR OPPORTUNITY. 
 
 something, it is enthusiasm for something that makes 
 life enjoyable, after all." Mathew Arnold said. "Most 
 of us are what we must be, not what we should be, not 
 even -what we know we ought to be!" 
 
 Opportunity means a Chance. It requires a long look- 
 ahead, a forecast of the future. It is shown by a picture 
 in an Eastern art gallery, in a likeness of a strong young 
 man about to run a race, with feet braced, arms drawn 
 backward, head erect; around the head, almost conceal- 
 ing the eyes, is a hood, or turban, like those worn in 
 India ; on either arm a wing, on the feet broad webs. 
 Asked what all this means, the guide answered: "Op- 
 portunity." But why the hood around the head, half 
 concealing the eyes? "Opportunity is never seen full 
 face ; it is only a glimpse we get of it, in any case." 
 And why the wings on the arms? "Why, Opportunity 
 goes on wings : once gone, it is gone forever." Why are 
 the webs upon the feet? "Opportunity is found upon- 
 the water as well as on the land." 
 
 Any Chance now? 
 
 Draw a circle in any large city of our country and in 
 the half-mile are ten times more stores, shops, banks, 
 offices, industries that employ men, women, boys and 
 girls, money and genius than the same circle con- 
 tained thirty-five years ago : while the mile and two-mile 
 circle is crowded full of factories for stoves, cars, steel 
 and copper works of still larger capacity, very many of 
 which have developed within the last quarter century, 
 and nearly all have grown up, like their proprietors, from 
 a very limited capital and a small beginning, and in 
 which every year are changes and promotions, openings 
 and opportunities for the brighter, keener and more alert 
 to fill higher positions. 
 
 Very recently in the Carnegie Steel Works, new part-
 
 ART OF ADVOCATES. 123 
 
 ners to the number of thirty odd have been added to 
 the managers, and nearly half of the number are already 
 millionaires all having worked up from the bottom of 
 the ladder. 
 
 Any new chance? Did we ever hear thirty-five years 
 ago of a shoe machine making at a capacitv of thirty- 
 two pairs a day per man, and needle machines o make 
 two pairs a day per man, and needle machines to make 
 hand labor ? Can we dream of the vast increase in cars, 
 harvesters and trolley lines for the past half century? 
 
 Any chance left? In the legal world a $100,000 fee 
 is unnoticed. A million dollars is paid to one man for 
 adjusting a single dispute in a steel works; $100,000 a 
 year is paid to its managers, while $50,000 a year for 
 railway presidents excites no comment, and the people 
 who travel live at ease, enjoy luxury, attain places in the 
 Senate, as Governors and high stations are not all law- 
 yers very many are farmers, and the sons of farmers ; 
 master builders, mine owners, inventors and men who 
 develop the industries of our marvelous country. 
 
 On the water and on the land, yes, the tremendous 
 growth of foreign shipping, ocean steamers, vessel syn- 
 dicates, and the mighty war ships, call for skill upon the 
 ocean as well as on the land ; and from all these vast 
 enterprises every third of a century the average force is 
 called away by changes, death or accident, and others 
 march in and take their places, and only those who watch 
 for opportunities will find them. They are hooded to the 
 eyes by strange surroundings. 
 
 Alexander the Great, on seeing the runners contest 
 in the arena, said : "If princes only were my competitors, 
 I would enter the arena and run," and added, "for I have 
 noticed that the prizes of life are all given to those who- 
 enter the arena and run, and not to those who stand
 
 124 OUR OPPORTUNITY. 
 
 looking on from the outer side." 
 
 The prizes in the arena are especially open to the 
 young and vigorous of today, and those who compote 
 need fear no rush if all are not princes as competitors. 
 "See'st thou a man diligent in business, he shall stand 
 before kings," said the wise man. Into the palace of 
 the King went the Chamber of Commerce of New 
 York ; into the presence of the King may go every 
 learned teacher, every eloquent speaker, every eminent 
 inventor, every sweet singer, every sterling reformer. 
 There is no station that genius will not reach ; there is 
 no place higher than Americans attain. Would Dewey, 
 Sampson, Bryan, McKinley, Edison, Phillips-Brooks 
 tremble in the presence of a King? Hardly, when they 
 are Kings in their line and vocation. 
 
 To be a young man today and enjoy such chances is 
 the grandest opportunity. It is an Era of Chance ! To 
 be a boy at twenty is to have fifty years of opportunity. 
 To be a boy of fifteen means 55 years of the best i'.iing 
 on earth Time. Time to build a business, time to estab- 
 lish a character, time to reach a rank in life wortl'y of 
 effort. Time is an era of the world's greatest progress. 
 Nor need one batter away with his brain en some ex- 
 ploded theory of aeriel navigation, or perpetual motion, 
 or hunting for buried treasures. Take up something 
 practical. The farmer's experience will illustrate : While 
 rowing a professor across a little lake to a fishing ooint 
 the professor, to show 'off, inquired: "Did yon ever study 
 astronomy?" "No," said the farmer. "I am sorry," said 
 the professor ; "one-quarter of your life is lost by not 
 knowing about the location of the stars." And the farmer 
 merely answered: "So!" and rowed along with increased 
 vigor. Again the professor asked : "Did you ever study 
 the sciences?" "No," said the farmer, "been too busy
 
 ART OF ADVOCATES. 125 
 
 making a living to bother about it." "I am sorry to say," 
 said the professor, "another quarter of your life has been 
 wasted. But I suppose you have studied art?" "What 
 is that?" said the farmer. "Why, painting, statuary, and 
 the like." "No," said the farmer (rowing with great 
 vigor, for a storm was rising). "No, I have been too 
 busy." "Three-quarters of your life has been lost," said 
 the professor. "So?" said the farmer. Just then the boat 
 nearly upset by the high waves, and the farmer said : 
 "Say, my friend, did you ever learn to swim?" "No," 
 said the professor. "Then I'm awfully sorry for you." 
 said the farmer. "Your whole life is likely to be lost bv 
 not knowing something useful !" 
 
 That is the key to the chances of today. Do some- 
 thing useful ; learn to do things, and to do them well 
 to master the theme, the trade, the calling, whatever it 
 is, to be an artist with a finished product to offer instead 
 of raw material. 
 
 TIME IS OPPORTUNITY. 
 
 It will never do to rely on the genius of others or on 
 accident for daily bread, for the others may fail or forget 
 to provide us all we need. It is far better to use forecast 
 a long look ahead and provide for our future by 
 some effort of our own. Edison truly said : "Genius is 
 98 per cent, sweat, only 2 per cent, accident. He works 
 nineteen hours a day, and sometimes stays at his lab- 
 oratory for thirty hours together. He has worked more 
 hours than any man of his age, and won fame more 
 valuable and lasting fame than the millions of Vander- 
 bilts. His last saying will be immortal : "The greatest 
 thing of all is time." That is what all young people 
 possess.
 
 126 TIME IS OPPORTUNITY. 
 
 George Eliot has spoken of "the delightful first ex- 
 perience in anything that takes on a hue never attained 
 by any repetition of the same." So it is the start that is 
 all-important. Schwab speaks of forty leading million- 
 aires (we have nearly 5,000 now), who all began work 
 and worked up. It is safe to say that three-fourths of 
 all the great men w-ere self-trained in their life work; 
 that many of them struggled, like Edison, and that few 
 ever found crocks of gold like the Astor ancestors, to 
 invest in city lands and hase the land on long time 
 where a city grew up on the lots and made generations 
 of millionaires. 
 
 It was David Ward who, as a pine-land buyer for his 
 rich brother, located a few hundred acres for himself, 
 and from it reaped a rich harvest of pine, and later 
 bought coal fields with the proceeds, and later still drew 
 a royalty of $90,000 a year from his coal lands. But one 
 thing he had not. At seventy-five, when taken ill, he 
 asked his physician : "Can you pull me through, Doc- 
 tor?" "I will try," said Di . Galbreth. But he could not. 
 "I want a few years more time," said Ward, "to com- 
 plete my plans." So said Governor Pingree: "Give me 
 two more years' time, and I will pass away contented." 
 The one thing that the young possess is time. Time to 
 look ahead, to plan, to execute, to struggle, time to 
 think, to invent, to establish a business, to learn a trade 
 or profession to do something for yourself. The great- 
 est industries of our country have grown from the intense 
 energy of their founders. It was Carnegie's pluck and 
 forecast to buy up iron and steel works that gave him 
 control of the great Bessemer process of turning earth 
 into money by melting, mixing and treating iron ore into 
 steel billets for tools, steel buildings, and armor-plate 
 50 cents per ton in Lake Superior county, $465.00 per
 
 ART OF ADVOCATES. 127 
 
 ton in armor-plate. 
 
 But the genius who invents the process is most deserv- 
 ing of the honor for the growth of the steel and iron and 
 tea-rails and armor-plate industry. The same is true of 
 plows, harvesters, shoes, needles, sewing machines and 
 modern machinery for weaving, spinning and cotton- 
 picking. The genius of Americans is the key to our 
 prosperity. Genius is rareiy found among the rich. Its 
 percentage of struggle is too large for comfort until 
 middle life. We know well that in war there are few 
 victories due to accident. Dewey learned his tactics in 
 the battle with Farrugut. His range finders had been 
 tested long before his Manilla victory, and the Czar's 
 coronation, when, ninth in line, he steamed through the 
 narrow channel, ordering Gridley to fire right and left, 
 while the Olyinpia zvas in rapid motion, hitting every 
 target, to the wonder of all witnesses, and winning a 
 victory over nations of skill and experience. 
 
 We all know how Sampson drilled the trained veterans, 
 Evans, Schley, Phillips, and Wainwright, over and over 
 again on board the New York, in his "School of Officers," 
 while others were fast asleep ; how, by double search- 
 light and double-guards and ready steam, and prepared- 
 ness of his men, he shelled and sunk the great Spanish 
 fleet that had crossed the ocean to lay waste our cities 
 along the seacoast and destroy our honor as a nation. 
 But by preparedness of men, of arms, of guns, of brains, 
 and of courage, we won the greatest, quickest, grandest 
 naval victory that the world ever knew ! As all great 
 men and women become so by degrees, by struggle, by 
 energy, by forecast, so, when their experience becomes 
 wisdom, their fame becomes certain 
 
 We all remember when Garfield was fatally shot, in the 
 summer of '81, how he was taken to the seashore on a
 
 128 TIME IS OPPORTUNITY. 
 
 special road in a special car, and how one day, the pulse 
 and temperature becoming alarming, someone said: 
 "Who is the most skillful surgeon?" And Dr. Agnew 
 was hurried on an engine from Philadelphia How he 
 used his great skill and wisdom, listening, detecting, and 
 winding his lancet he quickly plunged it to the real seat 
 of the danger, and out came a half-bowl full of accumu- 
 lation. The fevered brain grew cooler, the pulse more 
 normal. The President lived many weeks to attest the 
 skill of Agnew. who, with the aid of X-rays, could have 
 doubtless saved the life of the distinguished patient. We 
 know of the marvelous skill of McKinley's physicians. 
 
 You know of General Grant's affliction with a cancer 
 how it broke one morning, his eyes turned glassy and 
 limbs grew rigid, till men said : "The great soldier has 
 gone to his reward." But Dr. Douglas was not so cer- 
 tain; with his hypodermic treatment in the arms and 
 neck, and over the heart, the heat returned, the eyelids 
 moved, the spirit returned. Grant lived ! He lived to 
 write the closing chapters of his brilliant book, which 
 will pass down the ages with the works of Macauley, 
 Addison, Emerson, and Hugo, one of the gems of 
 American literature. 
 
 Dr. Chapman writes that on the way home from New 
 Orleans, a tall, middle-aged man looked out of the car 
 window as a bell rang for each station, till someone ob- 
 served : "You seem greatly interested in this country." 
 "I am," said the stranger : "I have been blind twenty 
 years. I heard of a celebrated physician in New Or- 
 leans who has restored my lost sight. I am neartng 
 home now. I have not seen my wife for twenty years. 
 Two of my children were born since my blindness. They 
 must be beautiful, for their mother is." Just then the 
 bell rang. The tall man hurried clown the car steps and
 
 ART OF ADVOCATES. I2Q 
 
 two amis went around his neck, two girls stood by his 
 side crying for joy, and we all looked away. The scene 
 was too touching to witness. 
 
 Oh ! to have the genius of Edison to control light, and 
 Bessemer to control steel, and McKay to make shoes, or 
 McCormick to build reapers, or Agnew and Douglas to 
 heal the sick, and, above all, to have wisdom, born of 
 long practice, to relieve pain, to restore life, to prolong 
 time. 
 
 In the struggle for bread we must follow many callings, 
 pursue many ways and means of earning a livelihood, 
 but the chances were never so many, the farms are 
 cleared, the means are abundant, the trolley, the phone, 
 the stores, the factories, the steamships, the cars, the 
 mines, the fruit farms, and endless inventions of the age 
 are today managed by the brainiest men and women of 
 the world's history. 
 
 THE WORLD IS LARGER. 
 
 The world is larger to educated, thinking men and 
 women today larger than it ever was before. It is 
 larger to a man like Edison, who gave us new light, new 
 power, new sounds of voices far away, that we may hear 
 in ages yet to come. 
 
 The world is larger since Bessemer invented steel to 
 build our navies, bridges over rivers make long lines 
 of railway over leagues of land, tunnels under water, 
 and arches under city streets, and towering buildings up 
 toward the sky. 
 
 The world is larger to a man like Stanley, hewing his 
 way across the Dark Continent, bearing the Stars and 
 Stripes, opening a highway for commerce as he went; 
 larger to a doctor like Lorenz, who takes the little crip-
 
 I3O THE WORLD IS LARGER. 
 
 pled children in his arms and bids them stand erect and 
 walk, hands them to their parents strong and well, and 
 turns their pain to happiness. 
 
 The world is larger since we took the Philippines 
 larger to men who helped, though but a hundred days, 
 to give new life and liberty to such a race ; a larger world 
 to Dewey, Sampson, Schley and Taft, larger since we 
 talk across the oceans with the electric wires ; larger for 
 our ocean ships, those mighty palaces across the deep ! 
 
 The world is larger to the little Japs," whose art and 
 skill has overmatched an army far beyond their own, by 
 using brains behind their guns in war. And so, to every- 
 one who thinks and acts and does some worthy deed to 
 benefit mankind, the world keeps growing larger year 
 ~by year. To those whose vision spans all great events 
 the world is large and little to the selfish and the small. 
 
 The world is larger to the young man, with his sixty 
 years ahead, in such a brilliant era as is ours to-day. 
 With Time, the greatest thing on earth, in which to 
 build a character, create a name, establish business and 
 make a mark, Oh, that the young might start in time, 
 and think out problems that will earn them fame and 
 throw new light on problems waiting to be solved. 
 
 To live in such a world today is luxury. I would 
 rather be an inventor 'like Edison, and struggle for years 
 as he has done, long hours in dusty blouse, and earn the 
 name he has, than own the wealth of Rockefeller. Nor 
 would I trade the name of Bessemer to a holder of the 
 mighty Steel Trust ! I would rather be the genius of 
 the printing press than owner of the longest railway in 
 the world ! And all these men were thinkers and strug- 
 glcrs at the start.
 
 ART OF ADVOCATES. 131 
 
 McKINLEY'S MURDER. 
 Oral Fair Ground Talk Half Day Notice. 
 
 We have been brought into the immediate presence of 
 death, by the terrible tragedy at Buffalo a tragedy that 
 has never been equalled in our country, and only equalled 
 by the Passion play in its present illustration. Every 
 actor was a star ; every scene a climax . Even the villain 
 excelled all other villains ever placed upon the stage. 
 While the real actor in the scene was only equalled by 
 the scene of the crucifixion. 
 
 McKinley's farewell to his friends, and his doctors 
 was almost like the farewell of the Saviour. 
 "I am in your hands, His will be done." 
 In this we see that 
 
 Death rides on every passing breeze, 
 And lurks in every flower, 
 Each season has its own disease, 
 Its peril every hour. * , * * 
 Leaves have their time to fall, 
 And flowers to wither at the north winds breath 
 And stars to set, and all 
 Thou hast all seasons for thine own 
 O Death! 
 Lowell has said, 
 
 Life is a sheet of paper white, 
 On which each one may write his line or two, 
 And then comes night. 
 
 Brief as life is, we always wish to have a few moments 
 at the end to arrange the drapery of our spirits, before 
 they enter into that journey of the great unknown 
 eternity. 
 
 This boon was denied the President. In his case, his 
 affairs were well arranged. The drapery of the spirit
 
 132 M'KINLEYS MURDER. 
 
 was in order; he had but to say, to his doctors, when 
 placed upon the table, "I am in your hands gentlemen ; I 
 am ready; His will be done." 
 
 Nothing in all history has surpassed the silent, patient 
 suffering, the splendid resignation of McKinley. 
 
 Few men have lived so blameless a life. Few men 
 had so won the love of men and women. He was a model 
 husband. Wherever he went, he seemed to have taken 
 the invalid wife by the hand, and tenderly led her ; not 
 only seemed, but did so regard her. Their lives are 
 models of manhood and womanhood to the American 
 people. 
 
 The parting of the President and his companion w 7 ill 
 go down into history as a touching surrender to the will 
 of Heaven, "His will be done." No evidence of dread. 
 No evidence of fear of the unknown future. 
 
 There is but one character like it in art history, the 
 character of Cyrus. The character described by Zeno- 
 phon who said, in the words of Cyrus, "I had a vision in 
 the night, an angel touched me while asleep, saying, 
 Cyrus, prepare, the end is near. And I am prepared. 
 Have I not rewarded my friends, and punished my 
 enemies. I am prepared but when I am gone, let no 
 man speak of me as dead Cyrus will not be dead ; He 
 will be living with the gods, above the sun, among the 
 stars . McKinley is not dead ; he is living somewhere 
 in the great eternity. We wish that he might linger a 
 little while to see the exhibitions of affection of his 
 countrymen before he took his departure for the great 
 unknown . 
 
 What are the conditions that brought about such an 
 atrocious murder ! Not the training in the public schools. 
 Not the liberty loving subjects of our laws. They are 
 of those who hate the laws. They are people who hate
 
 ART OF ADVOCATES. 133 
 
 the rich. Just the opposite of what we teach in the 
 schools, of what we teach in government; of what we 
 urge ; onward to prosperity, to go onward, to better the 
 conditions of our children. 
 
 They who contradict all we try to teach ; aH we enforce, 
 would simply destroy the laws. The condition that 
 brought about this, the condition of anarchy is danger- 
 ous. What have the schools and churches, the courts, 
 and laws done for this country that they should be 
 destroyed? Started by the little faithful band, on the 
 bleak New England shores, they established churches, 
 built homes, and created schools, held town meetings, 
 made laws, built cities, established order ; taught the pur- 
 suit of happiness and the punishment of crime. They 
 blazed their way, like a wave of light, clearing the 
 forests, building the railways ; making the country blos- 
 som like a garden, for whom? Not for one alone, but 
 for all ; not for the rich alone, but for all . 
 
 Not to protect one alone, but to protect all . 
 
 In the shadow of a horrible deed, I bring you the 
 living presence of a great character. I hold him up as 
 an example of our institutions. Behold the man ! And 
 in him, behold the government. The type of our free 
 institutions ; the climax of our advancement ; the em- 
 bodiment of our laws, I bring you the presence of the 
 murderer Czolgosz, one whom the people despise. Why 
 the thugs of India were so vile, that while they were fed 
 by the missionaries, and the white travelers, part of their 
 number nearby, kindled the fire under the cauldron to 
 boil the victims, and to feed upon their bodies, while they 
 were being fed by them. In mockery of a cripple 
 Czolgosz did as much I bring you the presence of this 
 vile character . In his planning to kill ; in his schemes 
 to destroy. This arch anarchist, and his associate, Emma
 
 134 THE THUGS WERE NO NOISE. 
 
 Goldman . I hold them u\: to n /licule, ana scorn ; to 
 infamy, to disgrace. Emma Goldman, the accomplice 
 before the fact equally guilty in the destruction of Mc- 
 Kinley's life. 
 
 THE THUGS WERE NO WORSE. 
 
 These are in contrast to the pure life of a soldier with 
 the honors of a congressman, with the fitness of a ruler. 
 This one whose life they have taken away. Part of his 
 life was given up to war ; part of it to statecraft, a large 
 part of it to his family, and much remains to his country. 
 The influence, the unexpressed influence of a pure and 
 noble life I leave you in the presence of these. 
 
 I bring you again by this short simple story into the 
 living presence of a great character. A well rounded 
 manly man, of clear forecaste, trained in peace, war and 
 wisdom. Careful, just refined and considerate. A man 
 who filled a large space in diplomacy, in the confidence 
 of all nations. Whose life was more than blameless, it 
 was the life of an unselfish, Christian statesman. Whose 
 idols were his God, his country and his family. I ask 
 you fathers, to hold up this character to your sons. I 
 ask you mothers to name his household as a model to- 
 your daughters, and I appeal to you young men to follow 
 his excellent example. And you young women to look 
 at the character of his bereaved and noble widow ; and 
 to all, we can say, McKinley has fought a good fight,, 
 henceforth is laid up for him an immortal crown of 
 honor . 
 
 WHAT IS A BOOK? 
 
 A number of thoughts that may have used, one has. 
 collected, and a house has made in one volume. It may
 
 ART OF ADVOCATES. 135 
 
 be of travel, of life, of medicine, law, of ethics or a series 
 of things that men speak of every day and would gladly 
 refer to, and yet live on and on regardless of their value 
 till some simple story of the self same thing brings out a 
 Wiggs Cabbage Patch a Ben Hur or a Bitter Sweet. 
 
 A book is a part of one who makes it. It takes on a 
 little of his humor, his taste, his likes and dislikes, his 
 genius, if he has it, his art of expression or lack of art 
 in expressing his ideals. 
 
 A book is a risky venture . It is liable to ridicule, to 
 criticism, to censure and even to slander. But a book 
 of good thoughts, whether original or selected, is a refer- 
 ence to prompt and inspire thoughts of our own when 
 most needed. 
 
 A book is an answer to the query : What shall one do 
 to ivin his place in life, in law or in business? Every 
 item, every story, every legend, every example is a 
 thought, a lesson, an instruction to lead a reader to a 
 line of thinking that may be invaluable. Books must be 
 well read to be realized . A casual glance will not answer. 
 Like a law suit, a book must be studied. Its parts are 
 like the parts of a machine, they only harmonize when 
 placed with other sections. 
 
 The power of words without the life of one to give 
 them energy by delivery is lacking. The power can be 
 gained only by study. Put yourself in the place of a 
 writer, and notice his meaning. Can you realize the 
 scene lately pictured of the operation of Dr. Agnew on 
 President Garfield? Only a student can seize such ex- 
 amples. Here is a great character a Chief Magistrate 
 of a mighty nation in agony : It is three o'clock ; the 
 pulse grows higher and higher; the heat is reaching 
 delirium : "Who is the best surgeon near by ? asks 
 Franklin. "Old Dr. Agnew of Philadelphia," is
 
 136 GENERAL HARRISON'S STYKE. 
 
 answered. "Send for him by wire to come by special 
 engine." And the vetral surgeon is hurried to the bed 
 side. We can witness the picture as men encircle the 
 couch of the suffering president ; as the tall doctor bends 
 his trained ear to the heart's action and looks near the 
 wound for a cause of the heated inflammation. "Pre- 
 pare that place," says the surgeon. It is prepared 
 meanwhile a cover is wound on the lancet in the hands 
 of Agnew ; an opening is made just deep enough to let a 
 half bowl full of accumulation from the throbbing side of 
 the President. The eyes relax, the voice is feeble, but 
 it says: "I am easier." O! for such skill in such an 
 emergency. But skill is born of wisdom, wisdom is born 
 of experience, experience is born of practice, and to 
 gain practice to any extent one needs preparedness. 
 
 GENERAL HARRISON'S STYLE. 
 
 "I have at my house an old engraving that represents 
 the first trial by a jury an English picture. The twelve 
 men are gathered in an open field. No house encloses 
 them. It is a murder trial that is represented, but it is 
 very unlike this murder trial. We see here the accused 
 and her family gathered about her weeping and appeal- 
 ing to the jury for sympathy. Not so there. The jury 
 have assembled upon the commission of the crime, and 
 the body of the dead lies at their feet upon a bier. A 
 weeping relative of the deceased bends over the dead 
 form, and her locks drop upon his face as her tears fall 
 in her agony of grief. Another relative of the dead man. 
 stooping over the lifeless form, points with one hand to 
 the criminal and with the other to the gaping wound by 
 which the life tide went out. This was an old trial for 
 murder. I only ask you now, as this group gather
 
 ART OF ADVOCATES. 137 
 
 around you, to remember the dead that are buried away 
 out of sight; to remember the hearth stone whose fire 
 has gone out forever. I ask you to remember that 
 orphan child who is wandering fatherless and mother- 
 less to-day. If any appeal shall be made to your sym- 
 pathies, I ask you to think of the grief that has come 
 upon another household. I ask you to think of that 
 horrid scene at "Cold Springs," when the charred and 
 blackened remains of that woman lay on the floor, and 
 that man with his head all torn and his teeth bent out as 
 if grining in horrid mirth. I ask you also in her behalf, 
 to consider these questions that have been presented to 
 you carefully, honestly and deliberately. If she is guilty, 
 speak the word, if not, then let her go free, and may the 
 God of wisdom lead you to the right discharge of this 
 duty that remains to you, and bring you to a right 
 verdict." 
 
 INGERSOLL CLOSING IN THE STAR ROUTE 
 
 CASE. 
 
 "You have nothing to do with the supposed desire of 
 any man, or supposed desire of any department (turning 
 and addressing his remarks to the Attorney-General), or 
 the supposed desire of any government, or supposed de- 
 sire of any president, or supposed desire of the public. 
 You have nothing to do with these things ; you have to 
 do only with the evidence. Here all power is powerless 
 except your own. When asked to please the public, you 
 should think of the lives you are asked to wreck, of the 
 homes your verdict would darken, of the hearts it would 
 desolate of the cheeks it would wet with tears, 
 of the characters it would destroy, of the wife it 
 would worse than widow, and of the children it
 
 138 IXGERSOLL CLOSING IN THE STAR ROUTE CASE. 
 
 would worse than orphan. When asked to please the 
 public think of those consequences. When asked to act 
 from fear, hatred, malice or cowardice, think of those 
 consequences. Whoever does right, clothes himself in 
 a suit of armor which the arrows of prejudice cannot 
 penetrate, but whoever does wrong is responsible for all 
 the consequences to the last sigh, to the last tear. You 
 are told by Mr. Merrick that you should have no sym- 
 pathy, that you should be like icicles, that you should be 
 Godlike. That is not my doctrine; the higher you get 
 in the scale of being, the grander, the nobler, the tenderer 
 you will become. Kindness is always an evidence of 
 greatness. Malice is the property of a small soul, and 
 whoever allows the feeling of brotherhood to die in his. 
 heart becomes a wild beast. 
 
 "Not a king's crown nor the deupted sword, 
 The marshal's truncheon nor the judge's robe, 
 Became them with one-half so goo'd a grace 
 As mercy does." 
 
 And yet the only mercy we ask is the mercy of an 
 honest verdict. I appeal to you for my client, Stephen 
 W. Dorsey, because the evidence shows that he is a man 
 with an intellectual horizon and a mental skyman of 
 genius, generous and honest. Yet this prosecution, this 
 government, these attorneys, representing the majesty of 
 the republic, representing the only real republic that ever 
 existed, have asked you not only to violate the law of 
 the land, but also the law of nature. They maligned 
 nature, they have laughed at mercy, they have trampled 
 on the holiest human ties, and even made light because a 
 wife in this trial has sat by her husband's side. 
 
 There is a painting in the Louvre, a painting of desola- 
 tion, of despair and love. It represents the "Night of 
 the Crucifixion." The world is wrapped in shadow, the
 
 ART OF ADVOCATES. 139 
 
 stars are dead, and yet in the darkness is seen a kneeling 
 form. It is Mary Magdalen with loving lips and hands 
 pressed against the bleeding feet of Christ. 
 
 The skies were never dark enough nor starless enough, 
 the storm never fierce enough nor wild enough, the quick 
 bolts of heaven were never livid enough, and the arrows 
 of slander never flew thick enough to drive a noble 
 woman from her husband's side, and so it is in all of 
 human speech, the holiest word, "woman." 
 
 ARNOLD'S ELOQUENCE. 
 
 In 1853, Levi Hubbell, Judge of the Circuit Court for 
 Milwaukee County, was impeached by the Assembly for 
 high crimes and misdemeanors in office. The charges 
 were eleven in number. The preliminary proceedings 
 occupied six days. Mr. Ryan made an opening argument 
 on all the charges, occupying nearly the entire day . Mrs. 
 Hubbell was at that time lying ill at the house of a friend 
 near to the Capitol. Mr. Arnold made the closing argu- 
 ment for the defense, occupying an entire day, and con- 
 cluded as follows : 
 
 "And, in yonder cottage, almost within the hearing of 
 my voice, there is yet another who is waiting, with in- 
 tense solicitude, the result of your deliberations. She 
 waits, in unshaken confidence and devoted love, for the 
 accused. She is in deed, as well as in law, the wife of 
 her husband, and she would clasp that man to her breast, 
 though her arm were in a flame of living fire till it burned 
 to its very socket ; her prayers are all around you her 
 hopes are all dependent on you. On bended knee, and 
 with eye uplifted prayerfully to heaven, before you, she 
 implores you : 'Oh ! give me back the husband of my 
 youth ! I can surrender him to God I can surrender 
 him to my country but oh' spare the blow which, while
 
 I4O STYLE OF SPEAKING. 
 
 it destroys him, dooms me to lean upon a broken reed, 
 and to a life without hope.' Fell blow, indeed, which 
 would destroy the prospects of one so young and beauti- 
 ful, which, in a moment, would 
 
 ''Change the current of her sinless years, 
 "And turn her pure heart's purest blood to tears. 
 "Her arms are outstretched to receive him, and their 
 embrace will be warmer and purer, should the judgment 
 of this court vindicate the honor and fame of her hus- 
 band in the judgment of the world." 
 
 STYLE OF SPEAKING. 
 
 Distinguished speakers of all ages are believed to have 
 given as much care and attention to the art of oratory as 
 musicians now give to cultivate the rare melody of har- 
 monious and inspiring music. 
 
 To suppose one can enter on the field so full of genius 
 as the lawyer finds on his early admission to practice, 
 without some system, or plan of meeting this essential, 
 is to believe more than men ever expect of any other 
 business. The lucky man in commerce is one brought 
 up from the habits of careful experience . To the trained 
 sea captain, his chart is simple. The brick layer or 
 "builder is a student of books and designs ; the race-rider 
 is one accustomed to horses, and even the woodsman has 
 learned to handle his axe with clever skill and powerful 
 force . 
 
 Genius alone is well likened to a rich mine of metal, 
 that thought and skill must apply to uses and values . It 
 is not what we know, but how we make use of that 
 knowledge, that makes the world better, or better com- 
 prehends its beauty. A man may out-think twenty of 
 his neighbors and let nineteen of the twenty out-do him 
 in honor and usefulness by one actual accomplishment.
 
 ART OF ADVOCATES 141 
 
 I have seen a man cradle wheat with an ease and 
 poetry of motion, and another strike the scythe into the 
 earth at every other clip from awkwardness. I have 
 seen the mason evenly spread his mortar that a new hand 
 would throw down his sleeve with a single attempt to fill 
 his trowel. I have known the well-tuned voice of 
 Phillips, in graceful modulation, to so charm the senses 
 of his hearers that few could count it less than music, 
 and no one saw the art of concealing art that he had 
 struggled so long to master. 
 
 The art to charm the senses by pleasing speech is an 
 enjoyment greater to the speaker once acquired than to 
 rule an empire. Gibbon wrote has "Memoirs" six times 
 to secure perfection. Turner walked over mountains 
 and in the water till they colored the retina of his eye 
 with intensity, before committing the colors to canvas. 
 The elegy of Gray and the "Village" of Goldsmith, with 
 the later examples of endurance by Morse and Edison, 
 are apt illustrations that, "the hand of the diligent 
 maketh rich" in oratory, in science, and all useful achieve- 
 ments . 
 
 I am not urging the practice-before-a-looking-glass- 
 style, but a plan of speaking of, and dealing with, sub- 
 jects that will command attention and secure a following. 
 The method of Judge Curtis, of New York, is to think 
 out his speeches as Sumner did. Van Annan wrote in- 
 cessantly during trials, while each masters with consum- 
 mate care the details of his case in his own peculiar way. 
 
 LINCOLN'S ORATORY. 
 
 The late Chas. S. May thus vividly describes Mr. 
 Lincoln's style of oratory in his great campaign with 
 Stephen A. Douglass: 
 
 "Promptly at the hour appointed for the meeting, in
 
 142 LINCOLN S ORATORY. 
 
 the midst of a buzz of eager expectation and quite ap- 
 plause, following through the main aisle of the hall the 
 chairman of the evening, there entered a tall, sallow- 
 faced man with disheveled hair and lank, angular figure, 
 dressed in plain black and I had my first view of Abra- 
 ham Lincoln. Preceded by the chairman he mounted 
 the bare platform at the end of the hall, and after a brief, 
 formal introduction, stood face to face with his audience. 
 I should, perhaps, say, stooped apologetically before his 
 audience, for, bowed forward, with his hand on a low 
 stand w r here he had deposited a few scraps of newspaper 
 memoranda, he presented a timid, bashful appearance. 
 His opening sentences were not more reassuring than his 
 attitude. They were hesitating, involved and awkward, 
 as he went on to depreciate his ability to follow so dis- 
 tinguished a speaker as Gen . Cass, of Michigan, who had 
 spoken the night before in the same hall. Indeed, so 
 lame and halting were his first words, and so awkward 
 and unpromising his whole appearance that, recalling the 
 eulogy of the party paper, I said to myself, 'Can this be 
 one of the first orators of Illinois? Is this what they call 
 eloquence in Chicago?' But before my disappointment 
 had time to deepen into disgust, the speaker began to re- 
 cover himself, he raised himself from the table to his 
 fail height, his language began to flow more smoothly 
 and grammatically, he began to uncoil himself in mind 
 and body, so to speak, and very soon I was listening with 
 rapt and deepening interest to his words. 
 
 Of the speech itself, which held that weighty and in- 
 telligent audience for more than two hours, I still retain 
 a perfect and vivid impression. Delivered in an animat- 
 ed, earnest, conversational manner, with a clear and 
 pleasant but penetrating tenor voice, with no attempt at 
 oratory or fine language, it was a candid, a convincing 
 and powerful political argument, addressed to the reason
 
 ART OF ADVOCATES. 143 
 
 and conscience of his hearers. Nothing could exceed its 
 perfect fairness of tone and statement, and from be- 
 ginning to end there was nothing to detract from its 
 dignity not an epithet or coarse expression, not a single 
 attempt to provoke applause, or create a laugh by anec- 
 dote, or joke, or stale wit, or appeal to passion or 
 prejudice. Mr. Lincoln was famous as a story-teller, 
 but he did not tell his stories in his speeches. He' was 
 full of wit and drollery, but he used these in private . The 
 innate seriousness and earnestness of the man lifted him 
 in his public efforts to a plane above these diversions. 
 But his logic was overwhelming. Proceeding from 
 premises stated with the utmost fairness, and with trans- 
 parent clearness, it moved to its conclusions with a force 
 and power and thoroughness that left no room or quarter 
 for sophistry or evasion. 
 
 "In replying to the plansible and specious arguments 
 and positions of his great rival, who was a master of 
 political attack and fence, he had abundant opportunity 
 to display his great power of analysis and his keen dis- 
 cernment of the weak points of his adversary . . I re- 
 member, too, that he had a quaint and original way of 
 putting things. Coming to a particularly untruthful 
 and audacious proposition of his opponent, he said: 'Now, 
 it is exceedingly difficult to answer such an argument as 
 this. It gains strength and plausibility, paradoxical as 
 it may seem, from its very unreasonableness, for when a 
 man like Judge Douglas makes such a proposition, a man 
 who has been so long in public life and in a position to 
 know, it is natural for men to say, "This thing looks so 
 all wrong and preposterous to us that we may be mis- 
 taken after all, for he must see something that we don't 
 see/ " A spontaneous burst of quiet but general ap- 
 plause showed that the audience appreciated the keen, 
 fine point.
 
 144 WEBSTEK. 
 
 "I will not undertake in this brief article to give even 
 the substance of this great speech. Mr. Lincoln had 
 momentous questions to discuss questions of Liberty, of 
 Slavery, of Patriotism and he treated them in a way I 
 have never seen surpassed. Of all our great political 
 speakers of this generation and I have heard them all 
 he has been to me the model stump orator. Discarding 
 all the tricks and artifices and stock expressions so com- 
 mon in this style of address, he literally reasoned with 
 the people, and lifted them up to the plane of his own 
 patriotic and moral earnestness. While it was not elo- 
 quence in the traditional and technical sense, it realized 
 the very essence and definition of eloquence per- 
 suasion . " 
 
 WEBSTER. 
 
 His chief prominence in law was his art of advocacy. 
 In language powerful and dramatic, in delivery strong, 
 logical and impressive, in manner dignified and majestic, 
 his name, fame, tone, character and presence increased 
 the strength of his well-worded sentences. In any city 
 and any country Webster's speeches would have attracted 
 large audiences on great occasions. Other lawyers have 
 known a wider range of authorities, many have mastered 
 the facts with as accurate analysis, but few men ever 
 combined such strength of voice, power of thought, or 
 carried such conviction with his delivery as did Daniel 
 Webster before a jury, in argument, or a Senate debate. 
 His character and speeches stand out alone, a monu- 
 ment to American advocacy. 
 
 The style of Webster's speeches was in perfect har- 
 mony with his nature. He was large, heavy, labored and 
 strong, never hurried, often great, and occasionally 
 sublime. But his nature was sublime. He feared only
 
 ART OF ADVOCATES. 145 
 
 Choate, and Choate feared Webster alone. Webster won 
 cases by logic ; Choate by eloquence . 
 
 The late Senator Stevens said of Webster: "I shall 
 never forget my first trip away from home, nor the im- 
 pressions it made on me. I was quite a young man, and 
 some business fell into my hands that carried me north . 
 I had never been as far as Washington before, and, of 
 course, I wanted to see what was there to be seen. I 
 went into the Senate gallery and took my seat. I could 
 easily pick out the prominent men by the pictures I had 
 seen of them. Pretty soon a question came up, and the 
 President of the Senate announced that Mr. Webster 
 was entitled to the floor. Of course I was very much 
 gratified that I was to hear him. He arose and began 
 speaking in an ordinary conversational way. I think he 
 took his snuff occasionally. He never made a gesture 
 from the time he opened until he closed . I thought it all 
 sound doctrine, but I was convinced that I knew a dozen 
 college boys who could have beaten him speaking. The 
 next morning I picked up a paper. There was his 
 speech headed: 'Mr. Webster's Great Speech on the 
 Finances. Pshaw! I thought, they don't call that a 
 great speech, do they? I saw another paper; there it 
 was again, headed 'Mr. Webster's Great Speech on the 
 Finances.' I went to Baltimore. There they had Mr. 
 Webster's great speech on the finances . I reached Phila- 
 delphia, and everybody was talking about Mr. Webster's 
 great speech on the finances. 1 got to New York. 
 There everything was in a ferment over Mr. Webster's 
 great speech on the finances. It was the same way in 
 Boston. So I concluded that it must, indeed, be a great 
 speech. It put me to thinking, and I made up my mind 
 that it was not the way a man said anything, but what he 
 said made him an orator."
 
 NDEX. 
 
 I'AGE. 
 
 Ready Lawyers i 
 
 Lawyers Who Said Things 2 
 
 To Start in Law 6 
 
 The Procession 
 
 Lawyers' Abuse of Witnesses. 9 
 
 If and It in Law 12 
 
 The Lawyer's Friend is the Trial Judge 15 
 
 Who Gets the Child ? 16 
 
 The Fit of "It" in Law 17 
 
 Law Life Events 20 
 
 Missing the Target 22 
 
 How Did They Do It? 23 
 
 This is the Invoice 2\ 
 
 The Luxury of Law 25 
 
 A Rule to Start 
 
 Who Win Out? 
 
 The Use of Tools 29 
 
 Self Defense 30 
 
 Lincoln's First Murder Case 32 
 
 Lincoln's Greatness 36 
 
 Boy and Man Lawyers 37 
 
 Does Law Pay? 38 
 
 Bide Your Time 40 
 
 Two Strange Defenses 42 
 
 Strikes and Boycotts 43 
 
 The Up-Hill Start 48 
 
 An Eloquent Plea 51 
 
 Won by a Joke 53 
 
 The Teachers Peril 55 
 
 Saved by a Picture 62 
 
 Separating Witnesses 64 
 
 His First Case '. 67 
 
 To Prepare a Speech 74 
 
 The Right Thing ...
 
 I'AGK. 
 
 Preparedness 78 
 
 How Is It ? 80 
 
 Saved by a Song 80 
 
 The Right Start 82 
 
 The Genius of Pleasure 85 
 
 Six Wishes 86 
 
 The Kind King 88 
 
 The Miser's Hand 92 
 
 The Legend of Panthea 94 
 
 Books and Events. 98 
 
 Our Childhood's Home TOO 
 
 The Murder of Lincoln 103 
 
 Nature's Gentleman 107 
 
 Flowers on the Water 108 
 
 Habits and Training i :o 
 
 Kill the Squirrel i u 
 
 Each One's Part 112 
 
 The Value of a Man 115 
 
 Stick to It 119 
 
 Our Opportunity 121 
 
 Time is Opportunity 125 
 
 The World is Larger. 129 
 
 McKinley's Murder 131 
 
 The Thugs Were IN o Worse 134 
 
 What is a Book?. 134 
 
 General Harrison's Style 136 
 
 Inger.-oll Closing in the Star Route Case 137 
 
 Arnold's Eloquence 139 
 
 Style of Speaking 140 
 
 Lincoln's Oratory 141 
 
 Webster 144
 
 UNIVERSITY "F' CALIFORNIA 
 
 LOS ANGELES -
 
 UC SOUTHERN REGIONAL LIBRARY FACILITY 
 
 A 000 677 677 7