USA > New York > The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career > Part 1
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Gc 974.7 P93b 1369493
GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01068 6480
Digitized by the Internet Archive in 2015
https://archive.org/details/benchbarofnewyor00proc
Judge (Person
Havershugh with The complements
of the Publishers
Waratr Palowebet.
1877.
krov
n
Roandhe ! For The DEleche Of Ge: T Perne.ITY
THE
BENCH AND BAR
OF NEW-YORK.
CONTAINING
BIOGRAPHICAL SKETCHES OF EMINENT JUDGES, AND LAWYERS OF THE NEW - YORK BAR, INCIDENTS OF THE IMPORTANT TRIALS IN WHICH C
F THEY WERE ENGAGED,
AND
ANECDOTES CONNECTED WITH THEIR PROFESSIONAL, POLITICAL AND JUDICIAL CAREER.
BY L. B. PROCTOR, COUNSELOR AT LAW.
WARD & PELOUBET, SUCCESSORS TO DIOSSY & COMPANY, 80 NASSAU STREET. 1876.
Entered according to Act of Congress, in the year 1870,
BY L. B. PROCTOR, In the office of the Librarian of Congress, at Washington.
HENRY M. TOBITT, Printer and Stereotyper, 350 PEARL-ST., N. Y.
1369493
TO
THE JUNIOR BAR
OF THE
STATE OF NEW - YORK,
I Dedicate this Work.
WHILE one purpose of my toil in writing it was, to gather and record the fast scattering reminiscences of the men who have attained distinction at the Bar and on the Bench of our State, ere they should, as soon they would, be forever lost ;- a labor undertaken in part for their own sakes, and from sacred regard to their memories ;- it has also been an object, and by no means a minor one, to present their exam- ple to those already entered, or hereafter to enter, upon that profession which we love, and to accomplish eminence in which, calls for high qualities, physical, intellectual and moral.
It has been my hope that I might thus, in my day and generation, render a service `to my own profession ; hold aloft the standard; depict the struggles and vicissitudes through which our great advocates have been compelled to force their way; illustrate their studies, habits and powers ; show the value of steady perseverance; encourage the timid, though oft beaten back, never to despair; and stimulate the industry, honor, and laudable ambition of those who take upon themselves the emblems of our order.
To you, therefore, young lawyers of New York, have I consecrated the time and labors necessary to collect and twine together the materials of this book; and trust the offering may bear fruit, many-fold, in your own achieve- ments and renown.
THE AUTHOR.
CONTENTS.
[Under the title of each Sketch are given the Names of some of the Persons referred to therein.]
PAGE
OGDEN HOFFMAN. 1
Josiah Ogden Hoffinan, Charles Fenno Hoffman, James Kent, Sir Williamm Jones, Stephen Decatur, Hugh Maxwell, Erastus Root, James W. Gerard, Hiram Ketchum.
GEORGE P. BARKER 27
Dr. Payson, Dr. Nott, Alonzo C. Page, Preston King, Wm. W. Campbell, R. W. Peckham, Stephen G. Austen, Millard Fill- more, Edward Livingston, James Vanderpoel, James C. Smith.
WILLIAM G. BRYAN 59
Jacob Thompson, Moses Taggart, Gen. Denver, Caroline Parker, Fennimore Cooper, George W. Clinton, Gen. Mar- tindale, Edmund Burke.
JAMES MULLETT 84
Abner Hazleton, Judge Houghton, Peter R. Livingston, M. Burwell, George P. Barker, The Chautauque Bar.
HENRY K. SMITH. 104
Daniel Cady, Ogden Hoffman, Marcus T. Reynolds, Silas Wright, Israel T. Hatch.
HENRY WELLS. 122
Dr. Wells, Gen. McClure, Vincent Mathews, Daniel Cruger, Edward Howell, S. S. Strong, John Maynard.
VINCENT MATHEWS .. 142
Noah Webster, Col. Robert Troup, Aaron Burr, Alexander Ham- ilton, James Kent, George Clinton, James Emott, Erastus Root, Samuel Young, Daniel D. Tompkins, Daniel Cruger, Timothy Childs.
VI
CONTENTS.
PAGE 152
JOHN YOUNG
Charles H. Carrol. A. A. Bennett, Ambrose Bennett, James Mul- lett, George W. Patterson, Philo C. Fuller, L. C. Peck, Horatio Seymour, Wm. H. Maynard, Wm. H. Seward, Francis Gran- ger, Luther Bradish, Gen. Wood.
GEORGE HOSMER 174
Col. Thomas Hosmer, Titus Hosmer, Gov. Geo. Clinton, Joel Barlow, Timothy Hosmer, Oliver Phelps, Sir William John- son, Nathaniel Gorham, Charles Williamson, Jolin Sloss Hobart, Peter B. Porter, N. W. Howell, James Wadsworth, Vincent Mathews, L. C. Peck, Orlando Hastings, John Dick- son, Charles M. Lee.
WILLIAM M. HAWLEY 190
The Allegany Bar. T. J. Reynolds, John Baldwin, Geo. W. Pat- terson, Silas Wright, John Van Buren, David McMaster.
ALVAN STEWART 205
James Otis, James Brackett, R. H. Walworth, Sir Samuel Romilly, Henry Clay, Philo Gridley, Gen, Van Rensselaer, Col. Young, Chief Justice Hornblower, James G. Whittier, Sam- uel Nelson, Horace Greeley, Gerrit Smith.
JAMES T. BRADY 238
Thomas S. Brady, John Slosson, Nathan B. Morse, Mathew C. Patterson, Thomas J. Oakley, Judge Kent, Stanton, Jolin Graham, Peter Cagger, Mr. Bradley. John Van Buren, Charles O'Conor, J. W. Edmonds, Daniel E. Sickles, Gen. Cole.
SAMUEL G. HATHAWAY 277
Gen. S. G. Hathaway, Gen. Root, Andrew Jackson, J. L. Woods, Hiram Gray, A. C. Flagg. Michael Hoffman, Samuel Beards- ley, Wm. C. Bouck, Edwin Croswell, Col. Young, A. S. Divin.
JOHN C. SPENCER 304
Lord Tenterden, T. Noon Talfourd, Erastus Root, Ambrose Spencer, Dr. Nott, Daniel D. Tompkins, Alfred Conkling, James Madison, De Witt Clinton, Rufus King, John T. Irv- ing, Gulian C. Verplanck, Heman J. Redfield, James Tal- madge, Henry Wheaton, Jolın Duer, B. F. Butler, Daniel Mosley, Thurlow Weed, Frederick Whittlesey, Bates Cook, Thos. C. Love.
JOHN BALDWIN 354
Samuel Miles Hopkins, Jesse Hawley, T. J. Oakley, John Grif- fin, Wm. M. Hawley.
SAMUEL BEARDSLEY. 365
Judge Hathaway, Nathan Williams, Joshua A. Spencer, John Bell, J. Q. Adams, H. R. Storrs, Walter Bowne, Charles E.
CONTENTS.
VII
PAGE
Dudley, Esek Cowen, Samuel R. Betts, Greene C. Bronson, John Jay.
WILLIAM L. MARCY 392
Thomas Jefferson, M. Adams, D. D. Tompkins, Col. Pike, Martin Van Buren, T. J. Oakley, De Witt Clinton, John Woodworth, Rufus King, John Tracy, Col. Jewett, James K. Polk, Martin Kosta.
EVERT VAN BUREN 424
James Vanderpoel, Aaron Vanderpoel, Dudley Marvin, Ben- jamin Rathbune, R. W. Morrison, William Wirt.
DUDLEY MARVIN 440
John W. Hurlbert, Daniel H. Chandler, N. W. Howell, John Gregg, B. Davis Noxon, M. S. Myers, John C. Spencer, Mark H. Sibley, George Hosmer, Richard P. Marvin.
ALBERT H. TRACY 466
Henry R. Storrs, Robert Monell, P. L. Tracy,'Nathaniel Pitcher, Martin Van Buren, De Witt Clinton, Wm. H. Maynard, Trumbull Carey, N. P. Talmadge, T. C. Love, Lytton Bulwer, Walter Scott.
DANIEL CRUGER 488
Aaron Burr, Alexander Hamilton, Gen. McClure, John F. Bacon, Wm. B. Rochester, John W. Hurlbert, David Woodcock, Gen. Haight.
SAMUEL H. FITZHUGH 508
Mr. Ridgway, Nathaniel W. Howell, John Gregg, J. B. Skinner, Willard H. Smith, Livingston Bar.
JOSEPH L. RICHARDSON 521
Daniel Kellogg, Joseph C. Yates, Elisha Williams, George Rathbune, John Porter, W. T. Worden.
DANIEL S. DICKINSON . . 534 Lot Clark, Jolın Savage, J. A. Collier, Samuel Young, Wm. C. Bouck, N. P. Talmadge, C. J. Ingersoll, Jolın A. Dix, Senator Badger, Daniel Webster, Edward Everett, Lewis Cass, S. G. Courtney, Mary S. D. Mygatt, J. R. Dickinson.
ALVAH WORDEN . 581
George H. Leitch, Elijah Miller, Mark Sibley, Marcus T. Rey- nolds, Greene C. Bronson, John Tracy, C. O'Conor, J. K. Por ter, C. P. Kirkland, J. C. Spencer, Wm. Curtis Noyes, Hiram Denio.
VIII
CONTENTS.
PAGE 602
EBENEZER GRIFFIN
James Kent, Joshua A. Spencer, H. R. Storrs, B. F. Butler, Win. L. Marcy, Enos T. Throop, Daniel D. Barnard, Wm. H. Adams, Addison Gardner, Daniel D. Tompkins, Selah Math- ews, W. F. Allen, E. D. Smith, T. A. Johnson.
NICHOLAS HILL 618
Lord Erskine, Esek Cowen, Samuel Nelson, Peter Cagger, Samuel Stevens, Lord Brougham, Marcus T. Reynolds, M. S. Newton, J. H. Reynolds.
DANIEL LORD 641
Dr. Daniel Lord, Dr. Timothy Dwight, George Griffin, J. O. Hoffman, Thomas Addis Emmett, Abraham Van Vechten, David Graham, Wm. H. Seward, Samuel A. Talcott, B. F. Butler, S. A. Foot, George Wood, Reverdy Johnson, Wm. M. Evarts, Charles O'Conor.
B. DAVIS NOXON 672
Philo Ruggles, James R. Lawrence, Daniel Cady, Daniel Kel logg, Joshua A. Spencer, Samuel Stevens, The Old Onon daga Bar, Freeborn J. Jewett, Robert Monell, Daniel Gott, N. P. Randall, E. W. Leavenworth.
SOLOMON K. HAVEN 692
John Young, Mark H. Sibley, Francis Granger, Millard Fill- more, N. K. Hall, George G. Babcock, George P. Barker, James Mullett, Henry K. Smith.
MARCUS T. REYNOLDS 714
M. B. Hildreth, Daniel Cady, W. W. Van Ness, Ogden Hoffman, C. D. Colden, Henry K. Smith, A. C. Page, Wm. H. Seward, Nicholas Hill.
WILLIAM G. ANGEL 728
Farrand Stranahan, William Dowse, Samuel A. Starkweather, John M. Clayton, Silas Wright, Gen. Houston, Morris Brown, Martin Grover.
BENJAMIN F. BUTLER 751
Martin Van Buren, Abraham Van Vechten, J. R. Van Rens- selaer, Felix Grundy, Thomas J. Oakley, Roger B. Taney, Stephen Van Rensselaer, John Duer, Henry Wheaton, Aaron Burr, Samuel A. Talcott, Ambrose L. Jordon, Theodore Fre- linghuysen, William Kent.
THE
BENCH AND BAR
OF NEW YORK.
OGDEN HOFFMAN.
Styled the American Erskine .- A Son of Josiah Ogden Hoffman .- Enters the Navy as a Midshipman .- Enters the Service of the United States on board the Presi- dent .- Captured with that Vessel in Attempting to Run the Blockade .- Thrilling Scene .- A Prisoner of War at Bermuda .- Dines with the British Officers .- Lieu- -tenant Price Promptly Resents an Insult .- The Challenge .- Transferred to the Guerriere, Decatur's Flag Ship. - Accompanies Expedition to the Barbary States .- Conflict between the Guerriere and an Algerine Ship of War .- Commo- dore Decatur .- Hoffman Boards the Pirate Ship .- A Boarding Conflict .- The Victory .- Returns to New York .- Resigns his Commission .- The Law Student. -John Duer .- Hoffman Completes his Studies with him at Goshen, Orange County .- Commences Practice at Goshen .- Partner of Mr. Duer .- His Success as a Lawyer .- Incidents in his Practice .- Appointed District-Attorney .- Elected to the Assembly .- Removes to New York .- Hugh Maxwell .- Enters into Part- nership with him .- Trial of Henry Eckford and Others .- Hoffman's Distin- guished Position at the Bar of New York .- Appointed District-Attorney of New York .- His Political Career .- Moses H. Grinnell .- Dudley Selden .- Trial of Richard P. Robinson .- Description of the Murder .- Hoffman's Surpassing Elo- quence .- Thrilling Scene .- The Verdict .- Its Effect .- Hoffman as a Criminal Lawyer .- His Advice to Mr. Evarts .- Elected to Congress .- His Congressional Career .- Grand Reception in New York .- His Speech .- Appointed United States District-Attorney .- Elected Attorney-General .- Description of his Oratory .- Personal Appearance .- His Death .- Proceedings of the New York City Bar .- Democratic General Committee.
OGDEN HOFFMAN has repeatedly been styled the American Erskine, and the appellation is not without propriety-in some circumstances the parallel is com- plete. Both of these great lawyers in their youth entered the navy ; both attained the rank of passed midshipman, resigned that position, and entered the
1
2
THE BENCH AND BAR.
legal profession, in which, by an intuitive acuteness, great erudition and matchless eloquence, they won the highest honors.
While Erskine overthrew constructive treason in England, and established there the doctrine that the jury are judges of the law and fact in cases of libel, Ogden Hoffman, by his fearless and disinterested de- fense of those whom clamor and prejudice had con- demned, established at the American bar that high- toned independence which places courts of justice beyond the reach of any influence. Mistakes as to facts and the operation of those passions which are inseparable from human frailty, may have led him to erroneous conclusions as to the real merits of cases which he espoused. Many of his speeches at the bar were distinguished for their bold and happy novelties of expression and felicities of phrase, accompanied by the most perfect simplicity of manner. The exuber- ance of his imagination constituted at once the charm and the defect of his oratory.
Ogden Hoffman was born in the city of New York, on the third day of May, 1793. His father was Josiah Ogden Hoffman, a distinguished civilian of that city, the associate, and often the opponent of Hamilton, Kent, Ambrose Spencer, Emmet, Wells, and other eminent jurists, whose profound learning and high order of eloquence, raised them to the sphere of the Pitts, the Burkes, the Sheridans and the Currans.
Ogden was the half-brother of Charles Fenno Hoff- man, the eminent poet and novelist. On attaining his eighth year, he was placed in one of the best schools in the city. Here his progress was at first slow and tardy ; but he soon began to gain rapidly in his studies.
It was said of Sir William Jones in his youth that he was a boy of so active a mind, that if he were left naked and friendless on Salisbury Plain, he would find his way to.fame. This remark might well have applied to young Hoffman. He soon became
3
OGDEN HOFFMAN.
one of the best classical scholars in the institution, and also a superior mathematician-especially in the department of logarithms. His mind, naturally ad- venturous, early began to exhibit a preference for the life of a sailor ; he read with pleasure the bold and brilliant exploits of naval heroes, and he determined to enter the naval service of his country.
His father intended to prepare him for the bar ; but yielding to the strong desire of the boy for the navy, he procured him a midshipman's berth. With great diligence and unwearied application, he per- fected himself in nautical science and naval discipline. When war with England was declared, he was in his seventeenth year. At this period, he entered the ser- vice of the United States, as a midshipman, on board the frigate President. He was with that vessel when she was captured by the British while attempting to run the blockade of New London. Through all the dangerous and exciting scenes which resulted in her capture, young Hoffman conducted himself with the coolness and intrepidity of a veteran. The President was taken to the Bermudas in charge of the British ship-of-war Endymion, where the American officers were detained as prisoners.
While at Bermuda, several British officers were one day invited to dine with the officers of the Presi- dent. At the table there was an English lieutenant whose national pride had been inflated by the capture of the President, and whose insolence to the Ameri- can officers had exhibited itself on several occasions. When toasts became the order at the table, after sev- eral courteous sentiments had been given by both British and American officers to each other, this lieu- tenant arose and proposed the following :
"The captain of the Endymion : by conquest, the captain of the President."
Hardly had these words escaped his lips, when Lieutenant Edward Price, of the President, threw a glass of wine full in the face of the British officer,
.
4
THE BENCH AND BAR.
exclaiming, "Resent that before you talk about the commander of the President." A challenge ensued, young Hoffman acting as the second of Price; but the hostile meeting was prevented by the authori- ties.
At the close of the war, Ogden was transferred from the President to the ship-of-war Guerriere, 44 guns. In 1815, she was Commodore Decatur's flag ship, attached to the American squadron destined to subjugate the Barbary States, whose persistent pira- cies and outrages upon our shipping brought upon them the vengeance of the Republic.
Ogden Hoffman accompanied this expedition, and the gallant Decatur soon conceived a strong and an almost parental affection for the young midshipman.
On the 16th of June, 1815, the Guerriere, being de- tached from the squadron off Cape Degatt, in Spain, fell in with the Algerine frigate Mazouda, 64 guns and 100 men, commanded by the notorious pirate, Rias Hammida, who had long been the terror of the Medi- terranean. A terrible conflict took place, which re- sulted in the destruction of the Mazouda.
During a part of the engagement, Hoffman was placed in command of gun No. 6, next to a long 24- pounder. While engaged in serving his gun, the 24-pounder burst, spreading death and destruction on every side, and prostrating him senseless upon the deck. Fortunately, he was only stunned ; and was on his feet in a moment. Before he could collect his scattered senses, a box of cartridges exploded, hurling him across the deck. Once more he escaped the death which others by his side suddenly met.
At this moment he was summoned to the side of Decatur. Begrimed and blackened with powder, his clothing torn, his cap blown away, he approached his commander, with the customary salute.
" Who are you, sir?" demanded Decatur.
"I am Hoffman, sir," was the reply.
"Hoffman ! Very well, sir; you look as though
5
OGDEN HOFFMAN.
you had been shot from a gun. Take your position there," said the commander, pointing to the place he was to occupy during the remainder of the battle.
In a few moments more, almost every spar belong- ing to the pirate vessel was swept away by the shot of the Americans; but the Guerriere was now so badly crippled by the enemy, and the explosions which had taken place on her decks, that she was compelled to haul off for repairs. As the flag of the pirate was still defiantly flying, the boats of our vessel were made ready, with orders to board the enemy, and compel her to surrender. Hoffman, who was in command of the boats, promptly obeyed the order, and was soon on the decks of the Mazouda, followed by the crews of the other boats. A ghastly sight presented itself to their view. The body of Ham- mida, her commander, cut asunder by a solid shot, lay before them. On every side were the dead and dying ; but enough of the enemy remained to make a fearful resistance, and one of those hand to hand conflicts which follow the signal to board, now took place ; but the pirates were soon compelled to sur- render ; those who escaped death were transferred to the conqueror's ship, and the Mazouda was blown up.
The gallant conduct of Hoffman won the approba- tion of his commodore, who presented him with the cutlass and pistols of the Algerine commander.
He continued in the navy until the trouble with the Barbary States was settled, and peace declared ; when, wearied with the monotony of the service, he resigned and returned to New York, and commenced the study of law in the office of his father.
The elder Hoffman was well aware that many legal principles are so artificial and refined, and that others are qualified by such distinctions and subtle- ties, that they cannot be readily understood by the student without much explanation ; he therefore care- fully superintended the education of his son, and en-
6
THE BENCH AND BAR.
couraged him to study with attention the arguments and opinions of the great judges and jurists of the past.
He believed that no man can be thoroughly acquainted with any one branch of knowledge, without having some skill in others also, that to no department is general knowledge so neces- sary as in the science of jurisprudence, "which pushes its roots into all the grounds of science, and spreads its branches into every object that concerns mankind." "He who expects to be eminent at the bar," said he, "depending simply on a knowledge of law, is like a general with an army consisting entirely of infantry, without artillery or cavalry," and he there- fore taught his son to read history, metaphysics, criti- cism, and ethical science, and also impressed upon his mind the fact that "language is the armory of the human mind, and at once contains the trophies of the past, and the weapons of its future conquests," and the young student applied himself with energy and perseverance to the study of his own language, read- ing with critical inspection the elegant and refined diction of the English classics. In this way he gained that wonderful command of language which rendered him so enchanting as a speaker.
Soon after he commenced his legal studies, a de- bating society was organized in New York, called "The Forum." Among its members were Ogden Hoffman, James W. Gerard, Hugh Maxwell, Hiram Ketchum, and Henry Wheaton; all of whom sub- sequently became eminent at the bar of the State. All of these distinguished persons have passed from the scenes of earth, except Mr. Gerard and Mr. Max- well. The former, a few years ago, retired from a long and brilliant practice, to the regret of his pro- fessional brethren and the public. As was said of him by one of his eminent compeers, "he never for- got, in the sharpest controversies at the bar, that courtesy, that kindness and conciliatory temper which distinguished him in his long career." Mr.
7
OGDEN HOFFMAN.
Maxwell has also retired from practice, carrying to his retirement the respect and regard which his well. earned reputation demands.
The meetings of "The Forum" were held in the old City Hotel, on Broadway, near Cedar-street. "At first, six cents was charged for admission, but the growing popularity of the young and brilliant deba- ters filled the large room, and, as the receipts were devoted to charitable purposes, the price of admission was raised to twenty-five cents. Often, when some specially exciting subject was to be discussed, the old Park Theater, crowded on other nights, would, on tliese occasions, present a beggarly array of empty seats." In this arena, the eloquence of Ogden Hoff- man developed itself, in speeches which were scarcely less dazzling than those delivered by him in the days of his highest triumphs at the bar. There, too, Mr. Ketchum displayed that argumentative and classic mind which in after years rendered him an ornament to tlie New York city bar; and there Maxwell, Gerard and Wheaton, exhibited those unrivaled men- tal energies, and that pleasing diction which ever charmed their auditors.
While Mr. Hoffman was thus preparing for his future eminence, John Duer, an eminent lawyer resi- ding at Goshen, in the county of Orange, and an inti- mate friend of the elder Hoffman, happened to be in New York ; here he became acquainted with Ogden. Being much in need of an experienced student, he invited the young man to continue his studies with him. Such were the inducements which Mr. Duer held out, that the invitation was accepted and young Hoffman became a resident of Goshen.
His close application to his studies, his quick, in- telligent mind, his ingenuous and pleasing disposition greatly commended him to his preceptor, who, scho- lastic and studious himself, admired those qualities in others. It was, therefore, a pleasure to him to aid Hoffman in the prosecution of his studies. He
8
THE BENCH AND BAR.
took every occasion to draw out his views upon questions of law, in conversation, and upon ques- tions submitted by clients. In this way Ogden was practically conducted through elementary prin- ciples, precedents, and the philosophy of the law ; thus he became a profound and thoroughly read lawyer.
His preparatory course being finished, he was called to the bar, and immediately became a partner of Mr. Duer, entering at once into the detail of an ex- tensive practice.
In May, 1823, he was appointed District-Attorney of Orange County. The bar of that county consisted of the ablest lawyers in the State. This appointment, therefore, was highly complimentary to him as a law- yer. In the discharge of his official duties he was brought in collision with the most eminent advocates of the day. The office of district-attorney places a lawyer in a position where his hand is against every one, and every hand is against him-constituting him a sort of legal Ishmaelite.
During his term of office a large number of impor- tant criminal trials occurred, in some of which he was opposed by General Root and Elisha Williams. It was in conducting these trials that he acquired those unrivaled powers, that accurate and extensive learn- ing, which afterwards rendered him one of the illus- trious lawyers of the State.
On one of these occasions he followed General Root, who on the defense made one of those singu- larly powerful appeals to the jury for which, at that day, he was so distinguished. So exhaustive was his argument that it seemed he had left no room for Mr. Hoffman to found an argument or to establish the the- ory of the prosecution ; and the curiosity of the bar was greatly excited in conjecturing the course he would pursue. The young advocate commenced ; but a short time elapsed before he gained the earnest attention of the jury by the novelty of his combina-
9
OGDEN HOFFMAN.
tions, by the force of contrasts, by the striking man- ner in which apparently conflicting circumstances were harmoniously connected and blended in one strong chain of circumstantial evidence. He then seized the points and position of Root, and with the hand of a master dissected them with analytic skill. Then commenting upon the authorities cited by his great opponent, he entered, with fearless tread, re- gions of the most profound legal learning, displaying such mastery of the common law, such accuracy of reasoning, that when he closed, Mr. Root himself con- gratulated him upon his effort.
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