Page:The Green Bag (1889–1914), Volume 10.pdf/357

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The Green Bag.

ways lasted. " Phillips on Evidence " was then the great text-book upon that absorbing topic of legal science, and an Albany law publisher conceived the issue of an Ameri can edition with American notes. Esek Cowen's clear logical, yet persuasive style in his well-known treatise, naturally sug gested him as the editor, and he undertook the revision in conjunction with the younger Nicholas Hill. To this duality of collabor ation was added young Stephen P. Nash, and the three delved together through the library of American reports for their notes. Although the volumes bear the title " Phillips on Evidence, with Cowen and Hill's notes," the profession in time came to know — un der the magnanimity ofthose principal editors — that afair share of the laborious learning to be found in the notes and differentiations ap pertained to Nash. The three had distinc tive styles of composition, and their treatises accompanying the text of Phillips — for con sidered by themselves the notes became American treatises on evidence — show to the student more or less the distinguishing labor of each. It is not invidious to add that when Hill subsequently became official reporter of the old Supreme Court and Court of Errors of the State of New York, his syllabus that heads each case, has in concise ness and concentration of result never been surpassed in practical excellence by any other reporter, English or American. And in those head notes young Nash often assisted. In the autumn of 1843, only a year over his majority, the latter was admitted to the bar as an attorney, but three years more would have to pass before he could be qualified as a counsellor so as to plead in a court of law. But at that time Courts of Chancery existed to which the Chancellor held the right of entrance, and inasmuch as the studies of young Nash had been directed mostly toward the doctrines and procedures of those courts, and inasmuch also as his neighbor the Chancellor had taken a fancy

to the young student, who had never failed to attend at chancery chambers in Saratoga when any important hearing was on, Wal worth admitted Nash at once to solicitorship in chancery. Throughout his legal career the latter never lost his proclivity toward the equity side of legal practice, and when, three years after his admission, the new constitution of the State abolished the Court of Chancery, and gave the Supreme Court jurisdiction both in matters of law and of equity, young Nash naturally hailed the event. From his youth he had been remarkable for his hatred of the falsities and the shams of life, and of injustice in every shape. Never during his long years of practice, would Nash accept a retainer until satisfied that not only tech nical law, but substantial equity also sup ported his client's case. He began practice at the place of his family residence and in connection with an old established lawyer named Bockes, who subsequently became a judge (by election) of the Supreme Court. But Nash's friend and collaborator, Nicholas Hill, when ap pointed reporter, had removed to Albany — the State capital — where he also opened an office; and Nash went with him as junior partner in practice there. He at once made his mark in argument and soon attracted the attention of a New York law yer named Walker, who induced him to till the wider professional field of that city as his partner. Then was formed the firm of Walker and Nash. In time the firm of Speir and Nash succeeded —-the former (Gilbert M. Speir) soon becoming a judge of the Superior Court. A succeeding partner ship was in connection with a famous old special pleader named Edward H. Owen, who had been many years partner of the eloquent Francis B. Cutting, whose election to Con gress had compelled his retirement from active practice. Next the firm of E. H. Owen and Nash became Nash and Kingsford, while at the time of the senior's