A Case of Professional Ethics. "avoiding the thickly settled centres of popu lation east of the Alleghenies. he followed the stream of western migration and found himself the possessor of a sign, an office and a few books in Lexington, Kentucky. He had brought no letters of introduction. His diplomas from the schools which had trained Calhoim were enough to admit him to the Kentucky bar. Old Judge Holcomb moved in open court his admission. An hour afterwards bench and bar held a protracted session at Whitley's Tavern. Marsden proved himself as agreeable as his brothers were hospitable. That afternoon he had a client, a man who had been made the defendant in a pending damage suit. Marsden went over to the clerk's office, got the declaration in the case and took it to his office. One reading showed him it was bad. No need to waste time upon that. The next Saturday was court day. Mars den was on hand and when the case of Whipple v. Sykes was called he arose and entered his appearance for the defendant Sykes. "I file," he said, walking over to the clerk's desk, "a demurrer on behalf of the defendant to the declaration of the plaintiff Whipple." The low buzz of conversation among the attorneys ceased. The judge looked over his glasses and said, "I note the entry of your appearance for the defendant, Mr. Marsden. What steps do I understand that you are about to take in this matter?" "I desire on behalf of the defendant to file a demurrer to the plaintiff's declaration," repeated Marsden. The judge and the clerk exchanged glances. "If that is your de termination, let the entrv be made," re sponded the judge impressively. The calling of the docket was over. The lawyers filed out one by one. There seemed to be an air of suppressed excitement about the place. Marsden went up the street to his office. Upon each corner as he passed «•as a group of two or three of his fellow
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members of the bar. In answer to his hearty "Good morning," a nod was all he received. No one came to his office that day. He boarded at the same tavern as did Attorneys Brown and Owens. At dinner they kept their eyes upon their plates when Marsden came into the dining-room. During the following week Marsden found himself left severely alone. A chilly bow greeted him when he met another lawyer. Marsden became worried. At last he called upon Judge Holcomb. The judge met him with a manner at once dignified and formal. "Judge, Marsden said, "you have been very good to me since I came here an entire stranger. I shall never forget your kind words when you moved my admission to the bar, and your kindness was shared by every other lawyer in this circuit. I felt at once that I was at home. But since last Saturday everything has changed. Xo one has come near me. When I approach another attorney he moves off and appears not to have seen me. I don't know what I have done to cause this change and I come to you, as one who has shown me more than ordinary courtesy and hospitality, to have you tell me, if you can, what is amiss and what I can do to repair matters. I am completely disheartened." "Young man," answered the judge, "I took kindly to you from the first and so did all of us. Our first impressions of you were good, and we were only too glad to welcome you to Kentucky. But there are certain proprieties which you have wholly failed to observe. You may have been taught that way at that law school you came from, but here, sir, it won't do. All I have to say, sir,—and I say it in all kindness—is that in Kentucky, sir, no gentleman, sir, ever demurs to his brother's declaration." The next Saturday Marsden withdrew his demurrer and filed an answer. He pros pered thereafter and died, as has been said, full of vears and honors.
