Page:The Green Bag (1889–1914), Volume 03.pdf/338

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James Topham Brady. bar, such men as George Wood, Daniel Lord, David Graham, and Ogden Hoffman filled the higher places of the profession, and later on William Curtis Noyes, and other bright legal lights; but this self-reliant young knight was undaunted, and was ready to cope with the ablest, doubtless believing, with Webster, that there was " room enough upstairs." His influence over a jury was always potent, for he had a pleasing address and a remarkable magneticalness which often wins more than labored logic. These insinuating qualities, combined with much felicity of thought and expression which at times pierced like a Damascus blade, gave him a powerful lever to distinction. And thus it was that a gleam of light and beauty shone through everything that evolved from his mind, and made the subject or contested point stand out in radiant characters. But while his diction and elo quence were ever conceded to be command ing, his power of analysis, logic, and solid argument can but deeply impress the mind of any one who may take occasion to read and study his forensic addresses, and such of his briefs, legal pleas, and arguments as are pre served to us. It has well been said by one who knew him better, that in this regard "many of his noblest productions were not unlike the Corinthian pillar, in which the strength of the column is lost sight of in the symmetry of its proportions and the beauty of its decoration." While not insensible to his own merits, he was always generous and ready to accord a meed of praise to his asso ciate, or even to his antagonist, where he deemed it deserving. For over twenty-five years the great advocate was engaged in most of the important cases in New York State. In 1845 he became Corporation Attorney of the city of New York. Although prior to 1860 he had identified himself with the Democratic party, during the administration of Mr. Lincoln he was a stanch supporter of all Union measures. Be fore the Seymour Association in 1862, he declared that " the South, in leaving us at I

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the particular time she did, did so without the slightest pretext of justification or excuse." It were idle to attempt to recall or re view the various cases in which he figured; but some may be mentioned as they occur to us, remembering the impression made on us at the time of their occurrence. As one of the counsel in defence of the commander and crew of the privateer "Savannah" (during the Rebellion), who were arraigned for piracy, he displayed much astuteness. It will be remembered that the schooner " Savannah," a Confederate vessel, having captured the brig " Joseph," laden with sugar, was after ward taken by the United States brig-of-war "Perry," and brought into the port of New York, where a " true bill " for piracy was found. It may be mentioned in this connec tion that, a short time previous to this cap ture, the men of the privateer "Jefferson Davis " had been tried in Philadelphia and convicted of piracy, which was relied upon by the prosecution as a powerful precedent. Mr. Brady in the " Savannah " case threw his whole force into the defence, and as far as we have been able to learn, he acted without pecuniary reward. The peculiar pathos and emphasis with which his closing words .in his plea to the jury in behalf of privateersmen were spoken, will not be for gotten by those who heard them. He said : "I do wish that it were within the power of men, invoking the Great Ruler of the uni verse, to bid these doors open and to let the Revolutionary sages to whom I have re ferred, and a Sumter, a Moultrie, a Greene, a Putnam, and the other distinguished men who fought for our privileges and rights in the days of old, march in here and look on this trial. There is not a man of them who would not say to you that you should remem ber in regard to each of these prisoners, as if you were his father, the history of Abraham, when he went to sacrifice his son Isaac on the mount, — the spirit of liberty, the princi ples of American jurisprudence and the dic tates of humanity constituting themselves another angel of the Lord, and saying to you