Section 17:  Courts & Lawyers

In the fall of 1842 I went down to Pittsburgh to be admitted to the Supreme Court. I believe I had enough business there to pay my expenses. I went there on the Saturday evening before the court, and on Sunday I met Judge Burnside. He was stopping at the same hotel and I found him very friendly. He was then on the Supreme bench. The next Monday morning when the court met, my friend, John W. Howe, moved for my admission and was about stating that he had known me to be a member of the bar for two years, when Judge Burnside broke in saying, "Never mind, Mr. Howe, he is one of my boys. I admitted him in Mifflin County more than two years ago. Let him be sworn," and I was sworn.

At that time John Bannister Gibson was the Chief Justice and Kennedy Rodgers, Coulter and Burnside were the Associates. They were a venerable looking and able body of men. Gibson had done much to build up the excellent system of jurisprudence in our State, was a large man with heavy shoulders and big head and a strongly marked face. They were soon all gone and a new set of men took their places, and my principal practice in that court was before Black, Lewis, Lowry, Woodward and Strong. I think Sergeant was on the bench when I was admitted. Coulter did not come on till afterwards, and died in a few years afterwards.

At the sessions of the Supreme Court we met many of the lawyers from the western counties, and in the evenings we usually had pretty lively times. Some patronized the theatre, some played euchre and many sat around talking and telling stories, and a few would be studying over their paper books.

It is an easy place to speak in the Supreme Court. The preparation is mostly made before you go there and eloquence or any attempts at ingenious arguments or sophistry is thrown away. A clear, logical statement of the facts and succinct statements of the principles of law applicable to them and a quotation of your authorities is all the court wants.

Two sets of judges have entirely passed away since I was admitted, and the present court (now increased to seven judges) is composed of men generally a good deal younger than myself, and I think none older. Ex Chief Justice Agnew is still living, but has been out of office for a number of years. He must be over eighty.

In the winter of 1842 and 3 I found my practice increasing and I thought I was growing as a lawyer. In a few instances I found men inquiring for me when they wanted a lawyer. A good deal of this was on account of practicing with Mr. Howe, but I prepared the cases and had my clients carefully hunt up all the evidence, and the effort to be thoroughly prepared both on law and facts naturally caused men to repose some confidence in me.

In those days we tried cases before Justices of the Peace, and more cases were arbitrated than now. These I tried my myself [sic], and many a contest I had with Lathy and Gen. Jolly, and ransacked the books for authorities to spread before a board of not very intelligent arbitrators. Sometimes we would make speeches by the hour over a horse trade or a controversy involving twenty-five dollars. How much of these speeches were made for bunkum and how much on law and facts of the case, I would not now like to say.

I mind of Lathy and I having a fierce fight before Esqr. Smith about the ownership of a pig. The plaintiff proved by about three witnesses that the pig was his, and the defendant by about the same number of equally credible witnesses proved that it was his. We argued long and earnestly on the discrepancy of the evidence and the question of personal identity and ear-marks of the pig, and the squire delivered a Solomon's judgment -- that is, he gave the plaintiff a judgment for half the price of the pig and divided the costs. We had many a laugh over it afterwards.

Lathy had got into a good deal of business and he arbitrated nearly everything, and I frequently met him on the other side. J. L. Thompson had gone back to Lancaster; John B. Butler had made several mistakes in bringing suits and in his pleadings, and I had tripped him up a few times and he was not doing much. Gen. Jolly had become intemperate and I frequently got the advantage of his lapses, and in the fall of 1843 he pulled up stakes and went back to Montgomery County.

After the first two years, Mr. Gilmore spent most of his time in Butler, but attended the courts and a portion of his time he remained in Clarion. Jacques W. Johnston had gone east and married and brought his wife out but never went to housekeeping. She lost her health and I think in less than a year died. He soon after went away and I lost trace of him, but some years after I heard that he died somewhere out west. Old Billy Clark sold his hotel to Robert Barker and with his son, Jesse G. Clark moved back to Brookville.

This general thinning out was that much clear gain to those of us that remained. I began to feel myself in a pretty secure position. Sutton had the best collecting practice in town, but I think did not try as many controverted cases as Lathy and I, though he did try some cases very well. D. W. Foster had not much collecting practice but tried some cases and had a pretty good legal mind. He became the editor of the Whig paper of the county and ran that for some years. But a large portion of the cases in court were still tried by the old lawyers from the adjoining counties.

I learned faster and more law against them than with less experienced opponents, for I prepared more carefully and tried hard to not be tripped up on technicalities, and I made attempts to spring traps on them sometimes, generally with indifferent success, but I succeeded in inspiring myself with some confidence, and I learned to think standing on my feet and made some speeches to the jury that I thought as good as my older opponents, and occasionally I heard complimentary remarks on my efforts which came home to me pleasantly. All these were stimulants to industry and further effort, and I began to have a comfortable assurance that in time I could take a respectable position at the bar, and I tried to be honest and faithful in all my professional engagements and to be polite and just in intercourse with the bar and the court. I found it no easy matter to command my temper at all times and I did not succeed very well. I knew I was too ready to show my teeth and lose my temper, and this defect I found more difficult than anything in my professional life, and the most I ever learned was to retain my presence of mind enough to take care of my case if I did occasionally show an ugly disposition. I can see now and I freely admit that it would have been pleasanter both for my opponent and myself if I could have always remained cool and calm and probably I would have been a better if not a more successful lawyer.

There are things occurring at the bar that are excessively provoking, and few lawyers who not only feel but express indignation sometimes, and sharp spatting are not of rare occurrence among the best lawyers and I don't think the bar, however well it is calculated to sharpen the intellect, is a good school to learn amiability of disposition, but as a general rule lawyers do not carry hostility or anger out of the courthouse. But I have known coolness to exist for months growing out of spats over the counsel table, and I have felt strong animosity long after I thought it best not to show it. Naturally I was not of a very forgiving disposition, but there were so many chances for shooting back at a fellow who had affronted me that I found it necessary to resist the temptation to retaliate or it would result in chronic war. There is this in the profession of law -- a man must know what he is doing and saying, there is no chance for concealment or humbug, every sophistry is exposed and every bubble is dragged to the light and bursted.

It is true to the jury many a spacious argument is made and false reasoning is indulged to sway a jury, but it is followed by the opposing attorney or on the charge of the court, and unless the jury are very stupid, as they frequently are, the truth may be brought out.