Page:The Green Bag (1889–1914), Volume 12.pdf/301

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272
The Green Bag.

Putnam, Park and Vermillion counties. He will collect debts throughout the western part of Indiana and the eastern part of Illinois."

In the preparation of this article I find that very few living to-day have a distinct personal recollection of Colonel Thompson at the bar. In fact he had almost retired from active practice when lawyers, now old in the law, were mere students. General Coburn who as a boy scampered about the Supreme Court of years ago during the clerkship of his father recalls him thus : He was a brilliant looking young man, pale and delicate in ap pearance with regular, handsome oval fea tures, erect in form, spry in movement, ready in speech, whether in conversation or at the bar. Affable, happy, polite, genial; his win ning manner, his cordial greeting, his keen sense of propriety gave him an unusual ad vantage over his associates at the bar." Thompson was a great lawyer. Superficial in nothing, he was particularly fundamental in the law. His keen insight penetrated the transient devices and took hold of that por tion which bears the immortality of justice. He was distinguished in the arrangement of evidence. He marshaled his evidence, as, on the field of battle a great general might marshal his soldiers to bring about the most complete result. He saw through dissimu lation because his eyes were made for truth alone. While he won considerable distinction in the criminal law by virtue of his superior advocacy, he was most celebrated as chief counsel in numerous cases demanding deep research, subtle knowledge, and involving immense sums of money. Years ago he successfully prosecuted the claims of the Swancc Indians against the government. The case, no doubt, which brought him the widest celebrity owing to its national bearing was that growing out of the Menomonce In dian claim. He was retained for a double purpose : to prevent their removal west of the Mississippi river in among the tribes that were ferociously antagonistic; and to secure

from the government additional money for land ceded to the government under a mis understanding as to extent. The first por tion of his client's case was arranged through the instrumentality of the Wisconsin legisla ture. The second portion involved more of acrimony and excitement. Simply stated, this demand for additional payment was based upon the following grounds : Under the treaty of 1848, the government had purchased from the Menomonee nation, land estimated at 3,000,000 acres. Upon being surveyed the discovery was made that owing to the crudeness of the government maps, the land had been under-estimated by 4,000,000 acres. Thompson's demand then was for an addi tional $242,000 to cover the discrepancy. Successful in his suit, in as far as his clients were concerned, he encountered a dishonor able opposition from the Indian commissioner who attempted to prevent the settlement of his personal claim. According to the orig inal agreement he was to receive as fee one third of the amount recovered. In contempt of this understanding the commissioner added to the bill a provision by which the Indians' consent would have to be obtained a second time. Voluntarily Thompson had previously cut the fee in two, making it £40,000. Dur ing the course of the acrimonious debate which followed the introduction of the personal spite amendment, Thompson was the recipient of the most beautiful encomiums from political opponents. Eventually half the original claim was paid. In addition to the merce nary fee, his Indian clients bestowed on him an Indian name, made him an honorary chief, and presented him with a tomahawk as proof of their admiration and gratitude. While civil law was Thompson's forte, his eloquence was often demanded in the defence of criminals. In 1856 he was called upon to defend Chas. Thompson, who in a jealous passion engendered by rivalry in a literary society, stabbed Oscar Lili to death. Not only did Thompson have to overcome the passion and prejudice of the people, he was