« ΠροηγούμενηΣυνέχεια »
left, but kept right on. It was also proved that plain- | should not pass until actual delivery to plaintiff was tiff was hallooed at and warned of his danger, but it clearly established. 2d. That it was not necessary in does not appear that he heard the warnings. It was order to maintain this action that plaintiff should have also proved that plaintiff could have seen the train be made a demand for the security agreed to be furnished fore reaching the crossing had he looked for it.
by defendant. Upon the execution of the deed by Held, that a person approaching a railroad crossing plaintiff, defendant became instantly indebted to her, without looking to see whether a train is approaching as no credit was contemplated unless security was is guilty of negligence, 2d. That the fact that plain given. Judgment affirmed. Shrader V. Bouker. tiff was driving a young team and knew of the cross Opinion by Mullin, P.J. ing, that he did not attempt to make any observation 2. It was proved on the trial that on being applied to as as to the approach of a train, although the view was to the assessment of the house and lot, defendant said obstructed in places and the crossing dangerous, that it belonged to his daughter. The evidence was showed plaintiff guilty of negligence. Judgment objected to but received. affirmed. Morse v. Erie Railway Co. Mullin, P. J. Held, that the evidence was competent upon the Talcott, J., dissents.
question of the delivery of the deed. Ib. CORPORATION.
3. On the trial defendant's counsel offered to provo
that defendant's purpose in taking the deed to plaintiff Action by receiver to compel payment of alleged
for the house and lot, was to make certain arrangesubscription to a corporation which has become insol
ments with plaintiff in consideration of said deed vent. The corporation, as between stockholders at
before he delivered it to her. least, was duly organized under the statute in relation
Held, that the evidence was incompetent; it only to manufacturing, mining, etc., purposes. Defendant
tended to prove defendant's individual intentions, was not one of the original corporators, nor ever sub
the operations of his own mind, and could affect the scribed for any number of shares of stock, but signed
rights of third persons, only when such intention a preliminary agreement in which he agreed to unite
becomes a legitimate subject of inquiry. Ib. in the formation of said corporation.
Held, that the signature of the defendant to the preliminary agreement did not make him a stockholder,
GENERAL TERM DECISIONS - SECOND DEnor bind him to pay for stock, and that he is not liable.
PARTMENT. Judgment in favor of defendant atfirmed. Dorri v.
The following general term decisions were anSweeney. Opinion by Smith, J.
nounced at the session of the General Term of the DAMAGES — CONTRACT.
Second Department, held at Poughkeepsie last week. owned a canal boat, and made a contract - Barnard, Gilbert and Pratt: with defendants to tow the boat to New York city. Veeder v. Thomas. — Judgment affirmed, with costs. The boat was towed and on the way, through the neg Opinion by Justice Gilbert. — Barnes v. Quigley.ligence of the employees on the tow boat, the canal Judgment and order denying new trial affirmed, with boat was sunk. The tow boat was owned by the
| costs. Opinion by Justice Barnard. - Wilson v. Neversink Steamboat Company, and was chartered to Kerr.- Judgment affirmed, with costs. Opinion by defendants under the arrangement that defendants Justice Barnard.— Sammins v. Smith.-Judgment should pay so much a round trip for the use of the
ad trip for the use of the affirmed, with costs. Opinion by Justice Barnard, boat, the steamboat company to pay the expenses of
Justice Gilbert not sitting.– Tallman, executor, etc., the boat, and hire and pay the men who were engaged
v. Scudder et al., Decree of surrogate affirmed, with on the boat. On the trial plaintiff was nonsuited on
costs. Opinion by Justice Pratt. - The Dutchess and the ground that the steamboat company and not the
Columbia Railroad Company v. Mabbett.— Judgment defendants were liable for loss of the boat.
affirmed, with costs. Opinion by Justice Gilbert.Held, that as the steamboat company owned the
Masterson v. The Village of Mount Vernon.- Judgboat, paid the expenses and hired the men, and the
ment affirmed, with costs. Opinion by Justice Gilaccident having resulted from the negligence of the bert, Justice Barnard not sitting. — Pearson v. Robcompany's employees in towing, the defendants are bins et al.- Judgment reversed and new trial granted, not liable. Judgment of nonsuit ordered. Russel v. costs to abide event. Opinion by Justice Barnard, Torrey et al. Opinion by Mullin, P.J.
Justice Pratt not sitting.- Crocheron v. The North
Shore Staten Island Ferry Company.-Judgment and DEED - GIFT — EVIDENCE.
order denying new trial affirmed, with costs. Opinion Defendant purchased a house and lot and took a by Justice Barnard, Justice Pratt not sitting. In deed in the name of his daughter (the plaintiff). The the matter of the petition of George Buckman.-Ordeed was never in fact delivered to plaintiff, but I der modified by reducing assessment to ha defendant said the house and lot was plaintiff's, and loss. Opinion by Justice Gilbert, Justice Pratt not he intended that she should have the title. Subse sitting. — Houseman, assignee, v. Claflin.- Judgment quently defendant purchased a farm, and plaintiff, on affirmed, with costs. Opinion by Justice Pratt, Jusdefendant's promise that he would give security for tice Gilbert not sitting. - Fowler v. Fowler et al.the value of the house and lot, deeded it as part pay Judgment for defendants upon submitted case, with ment for the farm. Defendant never gave any security costs. Opinion by Justice Gilbert. Order to be settled for the price of said house and lot, and this action was by him.- The Western Transportation Company v. brought to recover the value of said property.
Barber.- Verdict set aside and new trial granted, Held, that the delivery of the deed to defendant by costs to abide event. Opinion by Justice Gilbert, Justhe grantor of the house and lot was for the plaintiff, tice Pratt not sitting. — Gandall v. Pitcher.- Judgand vested the title in her. The conveyance was by | ment reversed and new trial granted, cost to abide way of an advancement, and in such a case the title the event. Opinion by Justice Barnard.— O'Hara, would pass to plaintiff, unless the limitation that it | administrator, v. Rider. - Judgment reduced $38.52, and affirmed as to residue. Costs to appellant in county occupies as an authority: “How well or how poorly court, and no costs to either party on appeal. Opinion the work was done it is not for me to say; but it is a by Justice Barnard.— Wilson v. Rocke et al. — Judg simple fact, patent to all who look into our reported menaffirmed, with costs. — Barnes v. Samuels. — cases on this subject, that since this work was pubJudgment reversed and new trial granted, costs to lished it has been the work, almost the only one, conabide event. Opinion by Justice Pratt, Justice sulted by practitioners and judges examining quesGilbert not sitting. — Loomis v. Ruok. - Judgment tions treated of in it." affirmed, with costs. Opinion by Justice Barnard. — Denton v. Davis. — Judgment reversed and new trial
An Inder of the Cases Owerruled, Reverxed, Denicd, Doubted granted, costs to abide event. Opinion by Justice Modified, Limited, Erplained and Dixtinguished by the Gibert, Justice Barnard not sitting. - Akin v. Weyer.
courts of America, England and Ireland from the Earliest
Period to the Present time. By Melville M. Bigelow, - Judgment affirmed, with costs. Opinion by Justice
Author of "The Law of Estoppel," etc. Boston: LitPratt. — Fincke et al. v. Fincke et al. — Judgment
tle, Brown & Company, 1873, pp. 566. affirmed, with costs. Opinion by Justice Gilbert. Unless we greatly mistake, the profession will find - Scouten v. The Glens Falls Insurance Com this book to be of very great usefulness to them in pany. - Judgment and order denying new trial
determining the value of any case as an authority, a reversed and new trial granted, costs to abide matter sometimes of great difficulty. The arrangeevent. Opinion by Justice Gilbert. — Rowe v. ment is excellent. The cases criticised are printed in Burke. — Judgment affirmed, with costs. Opinion by double columns and in full faced type, and are followed Justice Pratt.— Fallon v. The Brooklyn City, Hun by the report where found and date. Then are given ter's Point and Prospect Park Railroad Company. - in common type, the reference to the decisions in which Order granting new trial affirmed, with costs. Opinion the principal case has been overruled, or reversed, or by Justice Pratt. —-Jones et al. v. Eager et al. — Judg doubted, etc., and whether the one or the other. ment reversed and new trial granted at circuit, with As a “labor saving machine" this book deserves a very costs to abide event. Opinion by Justice Gilbert. — hearty reception. Dickinson v. Wilson et al. — Judgment affirmed, with costs. Opinion by Justice Pratt, Justice Gilbert not
The Law of Contracts. By Theophilus Parsons, LL.D.. sitting. -- Richardson et al. v. Haulenbeck - Judg Author of Treatises on the Elements of Mercantile
Law, on the Law of Shipping and Admiralty, on Marine ment affirmed, with costs. Opiniou by Justice Pratt,
Insurance, on Partnership, on Notes and Bills, and on Justice Gilbert not sitting.
the Law of Business for Business Men. Three Volumes; sixth edition. Boston: Little, Brown & Co., 1873.
In this edition the whole work, the author assures BOOK NOTICES.
us, has been thoroughly revised. New chapters on the Commentaries on the Law of Marriage and Dirorce, with the law of Patents, Copyright, Trade Marks and Telegrams
Evidence, Practice, Pleadings and forms; also of Separation without Divorce, and of the Evidence of Marriage in
inserted. Additions made to almost every section and all issues. By Joel Prentiss Bishop. 2 vols. Fifth Edi more than thirteen hundred recent cases quoted from tion, revised and enlarged. Boston: Little, Brown & Company, 1873.
or cited. Whether from the exigencies of publication Mr. Bishop gives the following as the manner in
or from oversight, we cannot of course say, but the which this edition has been prepared:
author has failed to give any reference to a number of “ First. It contains a citation of the authorities
recent and important decisions. For instance, the which have appeared since the publication of the
cases of Rittenhouse v. The Independent Line of Telefourth edition.
graph, 1 Daly, 474; and Baldwin v. The United States “Secondly. I have carefully read every word as it
Telegraph Co., 1 Lans. 125; 54 Barb. 505, are cited and stood in the last edition, weighed anew every state
commented upon, while no mention is made of the ment of the law, considered anew every form of
fact that the first of these cases was affirmed by the expression, and made such alterations and corrections
court of appeals in 1870 (44 N. Y. 263), and the other as seemed to be required.
reversed by the same court in 1871 (45. N. Y. 744). So, “Thirdly. I have added such new matter, and such
too, the valuable decision of the general term of the new views of the old, as the accumulation of nine
superior court of New York in Palmer v. De Witt, on years, and my studies and experience in legal author
the question of copyright before publication (2 Sweeny, ship during that time, have enabled me to do. These
530; 3 Alb. L. J. 34), and which was affirmed by the nine years have been particularly prolific in this
court of appeals (47 N. Y. 532), is not even mentioned. department of the law, and the added matter is in
The added chapters have the same admirable arrangeamount not far from a fourth of a volume.
ment, compression of detail and comprehensiveness “Fourthly. I have prefixed sub-heads to the sec
of design that characterized the older parts of the tions, and made a few, but not many, new divisions of
work, and which have made it the most valuable work chapters. The numbering of the sections corresponds
extant on the subject. to that of the fourth edition.
“Fifthly. The alphabetical index of subjects is con- The Statutes of Minois: An analytical digest of all the Gensiderably enlarged."
eral Laws of the State in force at the present time.
Official and standard by act of the Legislature, 1818 to Those familiar with Mr. Bishop's legal works will
1873 : Edited by William L. Gross, counselor at law. not need to be assured that what he has undertaken to Vol. III: Acts of 1873. Springfield: William L. Gross,
1873. do he has done well, and certainly no one could rea
Statutes of the State of Illinois, passed at the regular session sonably require a more thorough plan of revision than of the Twenty-Eighth General Assembly, 1873. Pubthat he has pursued.
lished in Pursuance of Law. Chicago: E. B. Myers, 1873. It is not necessary for us to speak of the merits of The first volume of Gross' Laws of Illinois contains this treatise, but we will quote a passage from the the general statutes down to 1870. The second contains preface, wherein the author, in a modest way peculiar the general laws of 1871 and 1872, and the one before us to him, speaks — and very truly — of the position it' the general laws of 1873. The laws are arranged upon the analytical plan, under subjects. We had occasion, | law adjudges the prisoner not guilty, to direct a verin Vol. VI, page 68, to commend this edition of the dict of acquittal; it is silent as to directing verdicts of statutes, and this third volume is equally entitled to / guilty. commendation. However, we fail to see the necessity I NEW YORK.
B. W. HUNTINGTON. or propriety of devoting sixty odd pages of each vol [ It seems to us that People v. Bennett does precisely ume to a reprint of the organic law.
meet the case we spoke of in referring to it. The court Mr. Myers' edition is issued in pursuance of the au said, in that case, that "it has been settled that the juries thority of the legislature, and the acts are arranged
are not judges of the law, as well as the facts, in crimichronologically after the manner of the general
nal cases, but that they must take the law from the statutes of this State, which seems to us to be the court." If this is so, and it clearly is in accordance better plan for an annual publication of the laws.
with the decisions, it can make no possible difference whether the law, as given by the court, is favorable to
the defendant or unfavorable. The authority which BOOKS RECEIVED.
justifies a direction to acquit will, in a proper case, Wharton & Stille's Medical Jurisprudence, third edi- | justify a direction to convict. It is simply a question tion, vol. 2; Philadelphia: Kay & Brother. Rawle on of power and not as to the manner in which it may be Covenants for Title, fourth edition; Boston: Little, exercised.-Ed. A. L. J.] Brown & Company. Wisconsin Reports, vols. 29 and 30; Callaghan & Company, Chicago. New York Court
LEGAL NEWS. of Appeals Decisions, edited by Austin Abbott, vol. 1; New York: Diossy & Company. Iowa Reports, vol.
The lawyers of Michigan propose forming a State 33, by Edward H. Stiles, Reporter; Ottumwa: Pub
bar association. lished by the Reporter.
Judge W. W. Farwell has been chosen chief justice of the circuit court of Cook county, Ill.
The late Chief Justice Butler, of Connecticut, beCORRESPONDENCE.
queathed his large and valuable law library to the bar Editor Albany Law Journal:
of Fairfield county. DEAR SIR–More minds than those of the press have
Hon. J. R. Tucker has been elected professor of law been “severely disturbed” by recent directions of
in Washington and Lee University, Virginia, in place judges to juries to return verdicts of guilty. I wit
of Judge J. W. Brockenbrough, resigned. nessed one case lately (not concerned in it), where a | Governor Woodson, of Missouri, has appointed Hon. very upright and honored judge gave this direction, and W. B. Napton to fill, until the meeting of the legislayet the variance between the allegations and facts, the ture, the vacancy on the bench of the supreme court of indictment being a statutory one, was so patent that that State, caused by the death of Judge Ewing. I made up my mind that I could not, if on the jury, | The funeral of Ex-Chancellor Zabriskie, of New say upon my oath that the defendant was guilty in Jersey, took place on the 7th inst., and was attended manner and form, as charged in the bill of indictment. by a large concourse of persons. On the same day the
The prisoner was indicted under the United States bar association of Hudson county, N. J., held a meetstatute, for sending matter by mail designed and in | ing and adopted appropriate resolutions of respect to tended to produce abortion. The allegations were very the memory of the deceased jurist. precise. The matter sent was admitted to be intention
The governor, State officers, together with prominent ally innocuous, and incapable of producing an abortion,
members of the bar of the State of North Carolina, and the letter requesting the mailing was suspected to
have signed a recommendation to the president for the be and was from a well known detective, and the
appointment of Hon. R. W. Pierson, of the supreme preparation was sent to out-wit him. Upon this state
court of North Carolina, to the vacant chief justiceof facts, the judge peremptorily directed the jury to
ship of the United States. return a verdict of guilty, reserving the question of law
The Penusylvania constitutional convention has for his own further determination, and promising to
adopted an article which provides that the judicial set aside the verdict, if upon examining the authorities he should come to the conclusion that there was
power of the State shall be vested in a supreme court, no corpus delicti. I should add that the letter inclos
in courts of common pleas, in courts of oyer and ter
miner and general jail delivery, in orphans' courts, in ing the medicine warranted its sure effect, and pre
justices of the peace, and in such other courts as the scribed the manner of taking it. The judge's direction went beyond any thing I had ever heard or read
legislature may from time to time establish. The of, in a practice of over thirty years, and considering
supreme court is to consist of seven elected judges, who that an indictment, charging the precise facts as they
will hold office for twenty-one years, but not be eligioccurred, would not and could not have been other
ble to re-election. wise than the contrary of the facts constituting the offense by statute and charged in the indictment, and In connection with the mention of Senator Conklin's that the facts proved and admitted were not those name for the chief justiceship, a correspondent says, charged, it became a question with me whether a pris- | that he never had but one case before the United oner's counsel in such case was not called upon, at the States supreme court, and that, being ignorant of risk of commitment, to show to the jury that they the precise mode of getting the case before the court could not say, upon their oaths, what the court com and under way, he applied to the clerk for informanded them to say. Your citation of The People v. | mation. The Hon. Mat. Carpenter, of Wisconsin, Bennett, 49 N. Y. 137 (A. L. J., vol. 8, No. 1, p. 4), does overhearing his questions, abruptly inquired : “Conknot meet the difficulty, for that case only treats of the lin, why don't you get a lawyer to take charge of the duty of the court where, upon undisputed facts, the I case."
The Albany Law Journal.
His father owned a good landed estate, and slaves. Though not rich, his property was sufficient to enable
him to live comfortably and educate his children. He ALBANY, JULY 19, 1873.
loved the amusements of the country, and he was
fond of fox hunting; a sport in which the circumCHIEF JUSTICE TANEY.
stances of the country enabled him to indulge with
great freedom. A SKETCH AND A CRITICISM.
The son was prepared for college, mainly, by the BY ISAAC EDWARDS, ESQ.
aid of private tutors; he entered Dickinson college
at Carlisle, in Pennsylvania, in 1792, a little more (Read before the Albany Institute, January 7, 1873.)
than fifteen years of age, and graduated three years The recent publication of a memoir of Chief Justice | after. He returned home but twice during his colTaney naturally attracts attention. I do not propose lege course, walking on both occasions from Carlisle a review of that work. My purpose is rather to to Baltimore, about eighty miles. From his own draw attention to the true features and characteristics account of his college life, his studies were proseof a distinguished man, in a candid and truth-loving cuted with reasonable diligence. Dr. Nesbit, the spirit.
president of the college, a Scotch Presbyterian, apThere are some characters, in history, apparently pears to have been a favorite with the class; under condemned by destiny to fight in a lost cause. The | him our student was trained in Ethics, Logic, Metastars in their courses fight against them. The Em physics and Criticism. He was a close student, of an peror Julian, nicknamed the apostate (and rechrist- active habit, and, as he tells us, read much not preened the apostle by an erudite Lord Chief Justice scribed in the college course. His standing in colof England), is a conspicuous representative of the | lege may be inferred from the fact that, though much ill-starred company; a unique figure in history, with younger than many in his class, he was elected to the genius and virtues that qualify him to shine as the second honor, in a class of about twenty-five. ruler of an empire, he stands condemned and stained | The winter after he left college was spent at home, by an epithet of infamy, because he strove to restore chiefly in the amusement of hunting. In the spring the fading glories of pagan Rome, and entered into it was necessary for him to enter upon a new course controversy with a new and subtle power, which had of life. It was his father's plan to give his landed the promise of the future, and was already growing estate to the eldest son, and throw the rest of his into the empire of mind. He could conquer the open children upon their own resources; thus working out enemies of Rome, but he could not extinguish the in his own family the good and evil flowing from the Christian faith. With all his power and enthusiasm English law of primogeniture. for the old pagan faith, he could not bring back the In the spring, after an idle winter, he commenced worship of Jupiter and Minerva. All that battle, the study of law at Annapolis, in the office of Jeretherefore, with infinite skill and pious fraud and ) miah Townley Chace, then one of the judges of the smoking altars, was delivered in a lost cause. | General Court of Maryland, a court of general juris
Roger Brooke Taney was born on the 17th of diction, which held four sessions a year for the trial March, 1777, in Calvert county, Maryland. He was | of causes; two at Annapolis with a jury summoned the third child and second son in a family of seven from the western shore, and two at Easton, with a children. His ancestors were among the early emi- | jury summoned from the eastern shore. Annapolis, grants to that State ; Roman Catholics seeking refuge being the chief center of population and commerce, from the severe penal laws of England. His father, was naturally the place where the most important Michael Taney, was educated in the Jesuits' college litigation was carried on, and where eminent lawyers at St. Omers; he returned home and was married to | and judges either resided or attended court. It was Monica Brooke, daughter of a neighboring planter or therefore considered the place of all others in the farmer, a little while before the commencement of State where a man should study law. His mode of the American Revolution. The Brookes were an study here is noteworthy. It is an admonition worth English family, of the same faith, and among the remembering. He says himself: “I associated only early emigrants to the Catholic colony of Lord Balti with the students, and studied closely. I have, for more; they appear to have settled first on the banks weeks together, read law twelve hours in the twentyof the Patuxent, and were a family of a large estate four. But I am convinced that this was mistaken in lands. The mother of the future chief justice was diligence, and that I should have profited more, if I a very pious woman, of excellent judgment, and great had read law four or five hours, and spent some gentleness. Her influence upon the character of her more hours in thinking it over, and considering the son appears to have been deep and lasting; it shows principles it established, and the cases to which it itself long afterward, in the wish expressed by him, might be applied. With an ordinary man the mode that he might at last be buried by her side near the of reading pursued by him ends in a dismal swamp, little Catholic church in Frederick city.
in much vague knowledge, without any clear apprehension of principles. On the other hand, following his own interests; but diligent aud studious. After the plan he recommends, and studying the law dis- a practice here of about five years, like a sensible tributively, in its application to subjects and transac- | man as he was, he married him a wife, Anne Phebe tions as they arise in the ordinary course of life, as a Charlton Key, a sister of the author of the “Star system of principles founded in reason and justice Spangled Banner," of a family residing in the immeand public policy, even an ordinary man may get on diate neighborhood on a plantation, owning slaves, with some success. The question is interesting. without forgetting the nature of the African or his How can a man grasp and appropriate the reason and interests. Let me say here, lest I forget it, that Mr, spirit of the law ? A verbal answer may be easily Taney inherited slaves as property, and manumitted given: it can be done by drawing largely upon the them. This marriage was a happy one: it was cefountains of the law, by deep insight into the nature mented by a genuine affection to the end of life, and it and wants of man, as an individual and as a member was embellished through more than forty years by a of society; and by an earnest inquisition into the beautiful courtesy, in spite of the fact that the husintent and purpose of the law. It can be done as band was a devoted catholic, and the wife a devout Kent did it, and Marshall and Mansfield; it requires protestant. experience, the wisdom of practical knowledge; it is Mr. Taney rose steadily in his profession, and was gained through all the powers of the mind, preëmi employed in many important causes. He acted as nently through the moral sense.
counsel for Gen. Wilkinson, tried before a military Mr. Taney was admitted to practice in the spring court at Frederick, in 1811; the general being, at of 1799, after a clerkship of three years. He was the time, under a cloud in consequence of the part now twenty-two years of age, ambitious of distinc- he played in connection with Aaron Burr. The tion, full of courage and high hopes. He had wito charges were not sustained, and his sword was renessed the professional efforts of many distinguished stored to the accused, rather against the public judglawyers, Luther Martin, William Pinkney and several ment. Some time after this (in March, 1819), we others, who held almost equal rank with them, and find him engaged in the defense of Martin Gruber, a he aspired to a like eminence. And yet we find him, Methodist minister from Pennsylvania, indicted for on his own confession, so oppressed with a species of attempting to incite an insurrection among the slaves. morbid sensibility that he could not rise to address a In the course of his sermon this minister had used jury or an audience with calmness and self possession. these words: “Bat are there not slaves in our This quality, this susceptibility to the influences that country? Do not sweat and blood and tears say converge upon the advocate in his highest efforts at there are? The voice of my brother's blood crieth; the bar, is worthy of note; he was never able to is it not a reproach to a man to hold articles of libconquer it. Every address, every argument cost him erty and independence in one hand and a bloody an effort of his firm and resolute will.
whip in the other, while a negro stands and trembles He was tall and slender, and his health was infirm before him, with his back cut and bleeding? from his earliest years; in his later years, his frame “We Pennsylvanians think it strange, and it became very much attenuated.
seems curious to read the prints or newspapers from Soon after his admission to the bar, he was chosen some States and find — For sale, a plantation, a house from Calvert county, a member of the House of and lot, horses, cows, sheep and hogs; also a number of Delegates, the popular branch in the legislature of negroes — men, women and children, some very valuable Maryland. He was elected as a federalist, and served ones; also a pew in such and such a church. In this with credit in the session commencing in November, inhuman traffic and cruel trade, the most tender ties 1799. He was a candidate for re-election the next are torn asunder, the nearest connections broken." year, and failed on account of the decisive change | The counsel's conduct of the defense was manly then occurring in the politics of the State. This de- and noble. He did not attempt to take back the feat was probably one of the most fortunate events words of his client; he could not do that; for they in the course of his life. He now betook himself to had been bravely spoken, in the open light of day, to the practice of law; choosing Frederick city as the a large and mixed audience; he therefore justified field of his labors, because it seemed to offer better them, before a jury of slaveholders. He maintained opportunities to a young man than a larger city like the right of his client to entertain and to express his Baltimore. His choice was a wise one; it gave him convictions freely, on all moral and religious quesa pleasant home in a beautiful valley, in the midst of tions; he went further, he more than justified the a prosperous community; it gave him opportunities words charged in the indictment. He spoke" with for study and a fair share of business; it brought abhorrence of those reptiles who live by trading in him into close and intimate relations with the whole human flesh, and enrich themselves by tearing the body of the people; and this in turn gave to him the husband from the wife, the infant from the bosom of strength which every wise-hearted man derives from the mother.” “A hard necessity,” said he, “compels the conscionsness that he is working in his measure us to endure the evil of slavery for a time. It was for the common welfare. He was not indifferent to imposed upon us by another nation while we were