Page:The Green Bag (1889–1914), Volume 06.pdf/239

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The Green Bag.

legal source that could aid him towards successful effort in the Milligan case. Long writing Finis coronal opus on his penal code before that argument I heard him strongly and code of criminal procedure. Although inveigh against the Stantonian doctrine of eminently a legal Gamaliel at whose feet military trial in a district where could not any disciple of criminal jurisprudence might be and ought not to be quoted the maxim valuably sit, he never thought of a nunc di- inter anna silent leges. I can also bear wit mittis to any suggestion towards fully ness to his reprobation of the trial and exe cution of Mrs. Surratt. crowning his life-work. It was his strong sense against injustice I can recall many useful hints that I re ceived from him and many epigrammatic that made him an Anti-Slavery, Van Buren, sayings. " In preparing your case for trial Fremont and Lincoln politician. And I use or summing up, treat your brain as a sponge that word in its truest sense : for in all my and saturate it with your facts and legal dealings with Mr. Field there was nothing principles. Then you have but to squeeze of the wire-puller to be detected in his "com and the gray fluid will ilow copiously to position. He was mentally and morally irrigate judge and jury — but first get the fashioned for a statesman; and he proved this as a would-be compromiser with honor sand out of the sponge!" On another occasion, when asked if he of peace in the early history of the war, had not fretted over an adverse result in a and by his short career in Congress, where legal case, he told me that he never fretted perhaps he was too great a lawyer to shine over results, if he did his duty to his client. — taking perhaps therein rank with Henry Laying his hand across the median line of Erskine, who did not shine in Parliament. his body he said, "all above this — bronMr. Field was counsel for James Gordon chials, throat, voice and brain belong to the Bennett, senior, in defending the " Herald" client, but nothing below — heart, stomach, against a libel suit brought by a musical bowels or liver — does"; and he once told composer and critic. He was always a me he thoroughly endorsed Henry Broug master of the law of torts and was espe ham's description, in his celebrated Queen cially learned in that of libel. His habitual Caroline speech, of the attitude of counsel persistence and indomitable will were con to client, as he thoroughly disapproved of the spicuously shown in that litigation, and he attitude of Charles Phillips in the Cour- keenly felt the injustice of some of the rul voisier-Russell murder case in pledging to ings in the lower courts. the jury belief in his client's innocence after With all his ordinary coolness and sang the latter had privately confessed his guilt. froid he could wax righteously indignant, Many thought Mr. Field's imperturbability and I never saw him more so than when he and occasional frigidity proceeded from in heard his notable client William M. Tweed sensibility to strong emotion and callousness cumulatively sentenced upon separate counts toward duty, but while he never fretted over for misdemeanor in one indictment whereof adverse results he often keenly felt them, he was convicted by a general verdict of and particularly if they were unjust. He guilty. The Attorney-General demanded always impressed me as a deep hater of in the cumulative sentences, and the doctrine justice. This innate hatred it was that made received the assent pf no less an authority him so warm and zealous an advocate of than Charles O'Conor, who collaborated with Mr. Tildcn's cause during the famous presi the State prosecution. Into a battle for dential tilt before a commission that he reversal Mr. Field threw himself with indig believed to have been packed against his nant ardor, but with calm and careful logic client; and which inspired his great and of argument and vivisection of doctrine. He