delighted to find that Mrs. Phelps was the daughter of Theophilus Parsons, who had been Chief Justice of the State, and who, though the chief of hypochondriacs, Judge Story considered to be a "judge without an equal." Mrs. Phelps felt highly honored to receive a visit from so distinguished a person as Daniel Webster. Mr. Webster ac•cepted her invitation to stay to tea, and after supper he asked if he might see her son, Theophilus Parsons Phelps. It appeared that this son, who was one of the witnesses to the Smith will, had the year previous to its execution been pronounced insane, and had even attempted to take his own life. Mrs. Parsons told Webster that her son never saw anyone. Mr. Webster replied that he wished to talk with him for a few min utes and promised that no harm should come of it. After he had succeeded in having the young man brought in, Mr. Webster asked him a few questions, and thanking him, he then bade the family good-night and re turned to his hotel. When the trial came up Air. Choate made out at the several hearings what was believed to be a strong case for the heirs. He thought that this young Phelps was unfitted to have been one of the "three competent witnesses" required under the statute, and he relied, not only upon his belief that Mr. Webster would not dare to produce him, but, if he did, that he (Mr. Choate) could break him down on cross-examination. The plain tiffs having concluded, Mr. Webster arose and said that he had but a single witness to examine and called upon young Phelps. The latter was asked to state the circumstances connected with his signature as witness to the will. He did so with absolute clearness, and Mr. Choate in cross-examination was unable to shake his testimony. Mr. Webster then quoted an opinion of the grandfather of the young man, given nearly fifty years before, to the effect that a witness to the signature of the testator to a will must be
able to state clearly to the jury all the facts relating to his connection therewith, and that a witness able to do this could not be im peached. Mr. Choate then made one of his most brilliant pleas in which he argued at great length that a person whose mind was unbalanced was not a com petent witness to a will, and stated that the witness had inherited delusions from his grandfather, Theophilus Parsons. It was believed at the time that the jury was so fas cinated by Mr. Choate's oratory that it would have rendered a verdict in his favor had not the venerable Judge Wilde, who pre sided at the trial, in his charge to the jury kept their minds directed to the simple opin ion given by Judge Parsons, and thus led them to see how nearly they had escaped giving an impulsive, if not a foolish, verdict. It is said that Mr. Webster had absolute con fidence in his case after that evening with Mrs. Phelps and her son, and the result proved that he was right. Mr. Choate's success as an orator or an advocate was due in a good measure to his exceedingly attractive voice. With him passed away a man whose impassioned man ner as a lawyer when in court was strangely in contrast with the quiet and perhaps pro saic methods in vogue among the later mem bers of the bar. With all his peculiarities nothing could ever be detected in him, even when passions were raging the fiercest, that had the least taint of any jealousy, meanness, or any un worthy feeling. The impression anyone nat urally gets in looking over his whole life and after making careful inquiries of his contem poraries is that he ranked .among the purest and most generous men in his profession. He was simple in his tastes and had an artlessness of character united with a heart of courage. He is said never to have made a charge upon his books until late in life, when he
