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 28
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"Well, Mr. Baldwin, how are matters at Horn- ellsville now ?"
"Oh, about so so," he replied.
"I learn," continued the gentleman, "that matters are improving there very much indeed."
"Oh yes, they are improving ; very rapidly, very, very. Why it has got to be almost as good as Hell, now," said Baldwin, with a gravity which exhibited the entire seriousness of the remark. It is needless
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to add that all present were convulsed with laughter at the turn which he gave the conversation.
During his practice in Hornellsville, he was called upon to try an important case before a magistrate in the town of Birdsell, Allegany county. The plaintiff in the suit was the great man of that vicinity, and the justice was one of those trimming, slimy creatures who know how to creep into office by becoming the tool of men whom they regard as their superiors, and of course the influence of the plaintiff over the court was unbounded. And although the right of the case was entirely with Baldwin's client, yet there was but little hope for him in the suit. But, as he was not the man to submit without an effort, he used every means in his power, to convince the justice that he was right- but all to no purpose. He was deaf to everything but the interest of the plaintiff. At length, seeing that the game was up, Baldwin lost his patience, and poured upon the court the bitterest anathemas; perhaps never before or since, has a magistrate been subjected to such a complete excoriation. When he had fin- ished, the lawyer on the other side arose, and in- formed the court that it was its duty to immediately commit Mr. Baldwin for contempt of court, for said he, "unless you do this, all respect for you as a magistrate will be at an end."
"Talk about respect for that thing," thundered Baldwin, pointing to the magistrate, "why, he acts more like a magpie peeping into a marrow bone, than a magistrate trying a law suit ; the deeper he can get his head into a hole the better he feels."
This sealed the doom of the irate lawyer, and the magistrate informed him that he should commit him to the jail at Angelica, for twenty days, for a con- tempt.
"For a contempt upon whom ?" asked the lawyer.
"Why, upon me," said the justice.
"A contempt upon you ? the thing is impossible ; the most contemptible thing in the universe would be
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respectable compared with you. You are the dirty catspaw of the plaintiff here,-a burlesque upon justice. There is nothing but a skunk that could insult you, and even he would vomit when he got through with you," said Baldwin.
The justice commenced in earnest to draw the fearful paper, which was to incarcerate the lawyer in a gloomy dungeon. With the aid of the counsel opposed, who eagerly lent his services, the court made progress towards completing the instrument. The offending lawyer watched them with the most in- tense interest ; as the paper gradually approached completion, and as the justice was about to place his name to it, Baldwin suddenly seized a large inkstand which stood on the table, nearly full of ink, and turned its contents over the dreaded instrument. In a moment, in the twinkling of an eye, it became a sheet of inky blackness, with every letter obliterated. Then calling for his horse, he mounted, and rode away, while the justice and the opposing lawyer commenced another paper. It was now nearly dark, and his only hope of escape was to reach the county line, between Steuben and Allegany counties. But between him and that haven of safety, lay twelve long, weary miles, and unfortunately for Mr. Baldwin, his horse was not a fleet and rapid steed, but on the contrary, was one of the slowest of his species, and slightly lame. In spite of the stern exigency of the case, the lawyer could make but slow progress over the de- vious route that lay before him. A bright autumnal moon shone down upon him, but all else was gloom and sadness. Visions of dreary dungeons, stern, hard-hearted turnkeys, and prison doors creaking harshly on rusty hinges, floated before his mind's eye. But as it would take a long time for the justice to make a new mittimus, he had strong hopes of escaping.
Onward and still onward he rode without inter- ruption, until he came within a mile of the hoped for
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goal, and he congratulated himself upon his escape. Just then his ear caught the clatter of horses' feet upon the ground, and, looking back he saw three horsemen rapidly approaching, whom he knew to be the constable and assistant, armed with the power to arrest him. Vainly he urged forward his weary and lame animal. Every moment his pursuers gained upon him, and he knew that before he could reach the line, he would be taken prisoner. But his fertile mind suggested another mode of escape.
Suddenly wheeling his horse, he faced his ap- proaching enemies. As they rode up, he sternly de- manded what they wanted.
"You are my prisoner," replied the constable, "and must go to Angelica with me;" and he at- tempted to make the arrest.
"Stand off," said Baldwin, "or I'll blow you through."
At the same time he drew from his pocket one of those old-fashioned, large brass inkstand cases used in those days, and presented it to the breast of the officer. The polished surface of the inkstand flashed in the moonbeams like the bright barrel of a pistol, and had a most murderous look. The constable and his assistants started back appalled at the hostile attitude assumed by the lawyer, the former cry- ing out :
"Oh! don't point that this way ; it may go off ; take care !"
"Leave me, you villains, or by the heavens above us, I'll send a bullet through the very heart of some of you ! Leave, I say ;" and he gave the inkstand a shake, which caused it to click like the cocking of a pistol.
This was enough. The next moment his pursuers were galloping homeward as fast as their horses could carry them ; and Baldwin went quietly home, think- ing, as he afterwards said, that his protecting genius had assumed the shape of an inkstand.
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JOIIN BALDWIN.
Mr. Baldwin was once indicted in the county of Allegany for a very bitter, and, as was charged, libel- ous letter concerning this same magistrate. The letter was very lengthy, and written in such a manner that portions of it only could be read by any person except the writer of it. In drawing the indictment, the dis- trict-attorney attached the letter itself as a part of the instrument. When the offender was brought before the court, he was required to plead to the charges.
" Before entering my plea, I ask for the reading of the indictment," said he.
In those days a prisoner could demand the reading of the whole indictment found against him, and in this case the court directed it to be read. The dis- trict-attorney commenced. While reading the usual or formal part of it he did very well, but when he at- tempted to read the letter itself he soon came to a full stop-studied a while upon it, and commenced again. After stumbling through a few sentences he was obliged to stop again. Turning to Baldwin, he asked if he would not have the politeness to waive the read- ing of the letter ? but the latter declined, and the at- torney made one more attempt to read, but soon came to another full stop.
" Will you not read that horrid, ill-spelt, illiterate and abusive letter, Mr. Baldwin ?" asked the attorney for the people.
"No, sir; the letter is very legible-very indeed. If the good people of Allegany county have seen fit to elect a district-attorney that don't know enough to read writing, why, I shall not help him along," said the prisoner.
The official then losing all patience, began, in a strain of denunciatory eloquence, to abuse Baldwin, and concluded by saying, "that the annals of crime did not present such an awful, willful and terrible de- famer of human character as is John Baldwin, the prisoner at the bar."
As he closed this speech he took a drink of water
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from a tumbler that was standing on the table before him. Baldwin, with great gravity, addressed the court as follows :
"May it please the court-in all the records of the past which I have been able to consult, I have never, until this moment, seen or heard of a wind-mill going by water."
Peals and roars of laughter, even cheers, went up from all parts of the court room, and for once the vulnerable and brazen-faced district-attorney was silent-stricken through by the prisoner's reply to his speech.
After silence was restored Baldwin again demanded the reading of the indictment. His opponent declared that it could not be read.
"Then, if the court please, I ask that it may be quashed," said the prisoner.
After a few moments' consultation the court directed that it should be quashed; and Baldwin walked from the prisoner's box into the bar, amid the. congratulations of his friends.
Mr. Baldwin was, in every sense of the word, an honest man. He never would consent that a case in his hands should be carried by dishonesty or perjury ; and he once turned a profitable client out of his office for saying that he could prove anything that Baldwin wished to establish on the trial' of a certain cause which the latter was conducting for him.
He was prompt to resent an insult, and was not particularly cautious in the manner of his resent- ment. He usually corrected all personal wrongs when they were inflicted, regardless of time or place or consequences.
He was once engaged in the trial of a cause in the Allegany Common Pleas, before Judge Griffin, then first judge of that county. The judge, though a man of excellent impulses, and a respectable judicial offi- cer, was occasionally very violent and unreasonable towards counsel.
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In the course of this trial, a question arose as to the admissibility of certain evidence offered by Bald- win. The trial had consumed much time, the counsel were tedious and technical-the judge was weary and his patience exhausted. In this state of things, the evidence was offered, and it was peremptorily rejected. Baldwin insisted that the judge had erred in his ruling, and proposed to produce authority on the point, to convince him of his error.
"Mr. Baldwin," said the judge, " I have not suffi- cient confidence in your legal knowledge, to change my ruling for what you have to say."
"I do not ask your honor to change your ruling on what I have to say ; I simply ask your honor to be guided by the law, which is higher authority than either your honor or myself," said Baldwin, "and I now propose to read from Starkie's Evi-"
"Sit down, sir," roared the judge, "you have trifled long enough with me; you hav'n't sense enough to understand the law when you read it."
All in the court house prepared for a scene, and it came.
"I shall obey your honor," said Baldwin, with a look of half smothered anger lowering over his fea- tures ; "and as to the compliment which your honor has paid me, I do not regard it as worth a straw, for, really, your honor is no more to be compared to a respectable judge, than a bullfrog is to an arch- angel."
The scene that followed this retort can never be described, nor properly imagined. The face of the judge was pale with anger ; for a few moments he sat without making any reply. At length he said :
" Mr. Baldwin, before the court proceeds to punish you for this infamous contempt, I will hear what you have to say."
" Well, sir," said Mr. Baldwin, not in the least intimidated, "I do not know but my remark may possibly be construed into a contempt ; but, as I have
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some doubts upon the subject, I propose to make it an issue of fact, and submit the matter to a trial. I propose that a constable be sent out with orders to capture a bullfrog and produce him here in court. Your honor shall produce the archangel; and if, upon a fair comparison, I am not fully sustained, I will submit, without a murmur, to any punishment this court may think proper to inflict upon me."
A roar of half suppressed laughter from the audi- ence followed these remarks, which was quickly si- lenced by the officers.
As the judge was not inclined to accept Mr. Bald- win's proposition, he proceeded to pronounce his sen- tence upon the offending lawyer, which was ten days' imprisonment in the county jail, and a fine of twenty- five dollars.
The sentence, however, was modified, so far as the imprisonment was concerned, but the fine was paid.
Mr. Baldwin possessed a remarkable memory ; and with those whom he considered his friends, he was a pleasing and an interesting companion. His taste for literature was improved by reading the most eminent among the ancient and modern authors. His large and varied experience at the bar, gave him a general acquaintance with the profession throughout western New York, with whom he was a favorite.
He was one of those persons whose faults lay on the exterior of his character, who never attempted to pass for anything better than he really was.
In the society in which he moved, he was an unas- suming, but valuable member ; and he was once the people's favorite lawyer-in times when men were less polished, less pretentious, but more sincere and di- rect than now.
SAMUEL BEARDSLEY.
The Duke of Wellington's remark concerning Sir Robert Peel applied to Judge Beardsley .- Superior to Power and Influence .- Above Political Machinery .- His Relation to the History of the State .- His Parentage .- Birth and Education. -Historical Eras .- His Acquaintance with History .- How he Regarded the History of England .- Beardsley as a Teacher .- Commences the Study of Medi- cine .- Reasons for Abandoning the Study of Medicine, and Commencing lhe Study of Law .- Judge Hathaway .- Beardsley Commences his Legal Studies with him at Cherry Valley .- Commences the Practice of his Profession as a Partner of Hathaway .- His Character as a Lawyer .- Nathan Williams .- Beardsley Appointed District-Attorney of Oneida County .- The Oneida Bar .- Description of the Office of District-Attorney .- The Intricacy of the Criminal Law .- Anec- dote .- Joshua Spencer .- The Sharp Law Point .- The Appeal .- Beardsley Elected a State Senator .- Draws for the Short Term .- Walter Bowne .- John Sudam .- Charles E. Dudley .- Singular Resolution Introduced into the Assembly .- Amus- ing and Witty Speech of a Member on the Resolution .- It is Passed and Re- scinded .- Beardsley is Appointed United States District-Attorney .- Is Elected to Congress .- His Congressional Career .- The Statesmen who surrounded him .- Beardsley is Repeatedly Re-elected to Congress .- While in Congress, is Ap- pointed a Circuit Judge .- Proposes to Accept .- Interview with General Jackson, Mr. Barry, and others .- Is Induced to Decline the Office of Circuit Judge .- His high Position in Congress .- His Strong Speech against the United States Bank .- Comments of the Press .- His Interesting Speech on the Questions of the Re- porters for the Press .- Is Appointed Attorney-General .- Greene C. Bronson .- Beardsley's Third Appointment as a Prosecuting Officer .- Remarks of Daniel
Cady .- Touching Anecdote Connected with Beardsley as a Prosecuting Officer. -Henry R. Storrs .- Expiration of Beardsley's Official Term .- His Desire for an Active Life .- Resumes the Practice of Law .- Appearance at the Bar .- Death and Character of Judge Cowen .- Mr. Beardsley Appointed to Succeed him .- Judge Beardsley Appointed Chief Justice .- Retires from the Bench on the Adop- tion of the Constitution of 1846 .- His Predecessors .- Returns again to the Practice of the Law .- Description of his Practice .- Remarks of Judge Peckham on the Death of Judge Beardsley .- His Personal Appearance .- Social, Domestic. and Religious Character.
THE Duke of Wellington, prompted by blunt honesty, and clear knowledge of character, once said in the House of Lords, that in every action of his life, Sir Robert Peel, above every man he ever knew, was guided by a love of truth and justice. Without any
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exaggeration, that remark may well be applied to the late Chief Justice Beardsley.
Superior to the fascinations of power, or the charms of wealth, he never employed his talents in self ag- grandisement. It is remarkable, that the many dis- tinguished positions of honor and trust occupied by him were spontaneously conferred, as the well earned reward of industry, ability, and undeviating honor.
Anxious to discharge with fidelity, the great and responsible duties which Providence assigned to him, he sought the right, regardless of expediency and her temporizing train ; he cared little for the detail of po- litical machinery, though a conspicuous and powerful supporter of the political principles which he adopted.
At once the profound jurist, the acute, ingenious, dexterous advocate, the eloquent parliamentarian, the dignified, learned, and impartial judge, he occupied a position in the State which few have attained. In- deed, the history of our State, without the character of Samuel Beardsley, would be wanting in one of its chief ornaments. In the language of an eminent judge, "His parents, though respectable, were poor, hence the son's capacity was not obscured, nor his mental growth retarded by pampered indulgence, nor by the want of strong incentive to action. He enjoyed what most parents through life strive to shield their sons from, the benefits of early poverty." Accus- tomed to overcome the difficulties that surrounded his youth, in his manhood he entered the battle of life to become a conqueror.
Samuel Beardsley was born at Hoosic, in the county of Rensselaer, February 6th, 1790. His father was a farmer, who at an early period removed to the county of Otsego. Here Samuel attended the com- mon schools in the neighborhood, and in the summer worked with his father on the farm. His mind was deeply imbued with the love of knowledge, and he sought every opportunity of acquiring it. His amuse- ment and recreation were in his books. History he
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studied as the great mirror that revealed human nature-its passions, its prejudices, its ambition, its virtues, its vices. It was to young Beardsley what Dionysius, of Halicarnassus, defined it, "philosophy teaching by example;" and by its examples and teachings it prepared him to enter the theater of life deeply read in the actions and career of mankind.
In general terms it may be said that the great chain of universal history is formed of three links ; of which the first is Greece, the second, Rome and the third, England, with her colonies ; and in some respects it is difficult to assign a preference ; but Mr. Beardsley regarded the history of our mother country as second to no other in importance. An intimate knowledge of it often enriched his efforts in legislative halls, at . the bar, and on the bench. In a class of cases it ex- hibited itself with peculiar force in those admirable legal opinions which attest the wisdom of the old Su- preme Court, and render its history imperishable.
For a while he was engaged in the occupation of a teacher-that occupation through which so many have advanced to fame and honor. At length he decided to enter the medical profession ; and accordingly he commenced his studies with Dr. White, an eminent physician of Cherry Valley. While thus engaged it was his fortune to be present at several important trials which took place at Cooperstown. He watched with the deepest interest the contests of the forum. He kindled at the eloquence of the advocates, lost himself in their discussions of legal questions, and was enlivened by the keen wit, the terse sarcasm, the sharp retort of the legal gladiators before him : and thus the science of medicine and all the beautiful developments of anatomy lost their charms for him. His hopes and ambition were directed to the legal profession.
While attending one of these trials he made the acquaintance of Judge Hathaway, of Rome, New York, to whom he signified his desire to study law. Pleased with the intelligence and apparent ability of
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the young man, the judge encouraged him in the un- dertaking, and invited him to commence his studies in his office. The invitation was accepted. He was then eighteen years of age. Fortunate in the choice of a preceptor eminent for his learning and skill, and one, who became deeply interested in him, young Beards- ley made rapid proficiency in his studies. He pur- sued them with great industry until the year 1813, when the war with England turned his attention to the life of a so lier. Enlisting into the army of his country, he was soon advanced to the rank of lieu- tenant ; and on the northern frontier he was subjected to many of the privations and sufferings of war, with- out participating much in its pomp and circumstance. His term of service expired at the end of twelve months after his enlistment, and he returned, with renewed energy, to the study of his chosen profession, having won the reputation of a brave, competent and well- disciplined officer.
In October, 1815, he was admitted to the bar at Al- bany and commenced practice as the law partner of Judge Hathaway. The industry and energy of the student continued in the lawyer. In every matter of business, every question of law, finally, in all the details of practice, he was scrupulously correct. While at the bar, every case he conducted was thoroughly sifted, and all the doctrines of the common law and our own statutes, bearing a remote or close analogy to the point in controversy, were made tribu- tary to the talents of the young advocate.
It was the happy and peculiar quality of young Beardsley, to excite the esteem and command the confidence of both court and jury.
"Method and order marked the preparation of his causes ; hence his labor was effective. He never wandered on in confused uncertainty deceived by false analogy, but each step was the firm foundation for another. Like the approach of the scientific engineer towards a fortress, each day told the
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progress of his work. Though no man whom nature has not well endowed, can, by any amount of exer- tion, ever become an eminent lawyer, so none, how- ever gifted, can attain high distinction in that profession without great labor. He never addressed the fancy of his audience. Clear argumentation, and a bold indignant denunciation of wrong, were his chief weapons, and in his hands they were almost universally fatal to an undeserving adversary."
With such fortunate gifts, with such unwearied industry, it is not strange that his professional ad- vancement should be rapid and brilliant.
In the month of February, 1821, the official term of Nathan Williams, then district-attorney of Oneida county, expired, and Mr. Beardsley was appointed in his place.
Mr. Williams was a learned and able lawyer, a strong and effective public prosecutor. The selection of young Beardsley as the successor of so distinguished a lawyer, was the surest evidence of the confidence of the public in his ability and talents.
In April, 1823, Mr. Williams was appointed by Governor Yates, a circuit judge of the State. His learning, ability, candor, and courteous demeanor, rendered him a favorite with the profession.
Since its organization, the Oneida bar has been second to no other in the State ; upon its roll appear the names of every variety of intellectual talent- many of them the master spirits of their times-those who could kindle with the enthusiasm of poetry and eloquence, who were endowed with the faculty of com- bining pleasing and beautiful images with the fancy which animates them-those whose power of abstract reasoning established the distinction between empiri- cal and a priori deductions ; whose knowledge of the law, and capability of methodical argument, di- vorced from fancy, rendered them powerful where questions of law alone were discussed, -those whose acquaintance with precedent, whose perceptions of 24
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the cardinal points of a case, and whose reflective powers gave them high judicial abilities; and those whose administrative faculties qualified them for the career of the legislator and statesman.
The office of district-attorney at such a bar was calculated to stimulate all the latent powers of Mr. Beardsley's mind, awaken all his energies, and arouse his genius. For, after all, genius is nothing but the intellectual power or skill that is acquired by the concentration of the mind on a single pursuit.
The whole system of our law was then in its practical condition, one of technicalities ; while the courts in the administration of criminal law, were scrupulously strict in adhering to forms and rigorous rules. They required of the public prosecutor the most exact conformity to precedent ; adhering rigidly to the principle, that it is the right, even of the guilty, to be tried according to known and established rules, that it is an evil of less magnitude for a criminal to escape, then that the barriers erected for the security of innocence be overthrown. Thus the prosecuting officer was obliged to walk, as it were, over mines which the touch of some skillful antagonist might sud- denly explode ; and he was, therefore, compelled to examine every point, every question which arose, with laborious application.
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