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 41
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the court that he was nearly ready to submit the case, but he would beg a moment's time to consult as to the propriety of introducing other evidence. This request was readily granted, and a short recess was directed, during which he privately examined the shoe which the officers had found. It was very large and heavy. From the heel strong iron nails protruded, and the soles were of unusual thickness. It was found very near the spot where Jameson fell, tightly wedged between two large roots, and nearly covered with mud. In the mind of Richardson, there was no doubt but that the shoe belonged to Bishop. If it was so, then his doom was sealed, and the triumph of the young attorney would be great as well as righteous. After the lapse of fifteen minutes, he re- turned into court, and announced his readiness to proceed with the case.
"Have you any further evidence, Mr. Richard- son ?" asked Judge Yates.
"I have," was the reply ; " but before proceeding, I desire to ascertain whether a shoe which I have will fit the prisoner's foot or feet, and I ask your honor that the sheriff may make the necessary trial." .
" Do I understand the counsel aright ? Is it possi- ble that he proposes to interrupt the proceedings of this court for the purpose of trying an experiment, for the purpose of making testimony ?" said Williams, warmly.
"I mean to be understood that I have a shoe, which has just been found on the ground where this robbery occurred. I think it belongs to the prisoner, and I ask that the sheriff may ascertain whether it does or not," said Richardson.
A livid paleness overspread the features of Bishop at these words, which was noticed by his quick-eyed counsel, who, with all his energy and powerful rhetoric, resisted the motion. But the court directed the sheriff to remove the prisoner to a private room, and with proper assistants try the shoe on his foot.
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This was soon done, and in a short time the officer re- turned into court and reported that the shoe exactly fitted the accused. This circumstance led to the con- viction of Bishop.
Mr. Richardson continued to discharge the duties of prosecuting officer under the large district system until the year 1818, when the duties of district-attor- neys were confined to a single county. He was then appointed district-attorney for Cayuga county. His term of office continued until January, 1821, when it expired, and John Porter, of Auburn, was appointed in his place.
Mr. Porter is still a resident of Auburn ; for many years he occupied a prominent place at the bar, rank- ing with the ablest lawyers of Central New York. In the year 1828, he was appointed surrogate of Cayuga county, discharging the duties of that office until the year 1836. He represented the seventh Senatorial district in the State Senate for the term of three years, and as a member of the Court for the Correction of Errors, the able opinions which he wrote, during his Senatorial term, exhibit a high degree of legal learning and judicial ability.
He continued to practice until within a short time ago, retaining the confidence and esteem of the people.
Warren T. Worden, a contemporary of Mr. Porter, and lawyer of very decided ability, still continues in practice at Auburn. Michael S. Myers, a lawyer of great respectability, is also one of Mr. Porter's con- temporaries. These three gentlemen are the only sur- viving representatives of the old Auburn bar, except- ing the Hon. William H. Seward, who retired from practice many years ago.
The Cayuga bar has always been one of the ablest in Central New York ; many of its members have occupied some of the highest positions under the State and national government.
The name of John W. Hurlbert ranks among the ablest and most eloquent advocates of the State;
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while that of George Rathbun stands full as high on the roll of fame. A long list of honored and distin- guished names might be taken from its roll.
After Richardson's term as district-attorney ex- pired, he continued the practice of his profession, with some interruptions, until January 8, 1827, when he was appointed, by Governor Clinton, first judge of the Cayuga Common Pleas, a position which he held nineteen years in succession.
The manner in which Judge Richardson discharged his judicial duties gained him universal respect. His legal learning and long experience at the bar rendered him familiar with the rules of evidence, with pre- cedent, with the common and statute law.
He was a man of strong feelings, somewhat impet- uous in his nature, sometimes exhibiting on the bench a warmth and hastiness incompatible with the charac- ter of a judge ; but this was only on rare occasions.
His deep-seated sense of right and justice rendered fraud and crime odious to him, and he was in every sense of the word a terror to evil doers.
Few men ever sat upon the bench with more na- tive dignity than Joseph L. Richardson ; dignity was a characteristic which never forsook him, even in those instances when his hasty temperament usurped the dominion of his naturally well-balanced mind.
There was in him a vein of humor, a strong flash of wit and pleasantry, which often gave light and beauty to his intellect. This feature of his character often appeared while on the bench, much to the amusement of the bar. During his extensive judicial career, numberless amusing instances of his ready and graceful wit occurred, which will long be remem- bered by the older members of the bar.
A negro, known by the name of Bill, was once convicted in his court of the crime of burglary. He had long been a resident of Auburn, and for several years was a sort of privileged person in the village. At length he acquired the habit of thieving on a small
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scale, and was brought before Judge Richardson, who discharged him, after inflicting a small fine.
Profiting nothing by these admonitions, he at last committed the crime for which, as has been stated, he was convicted. When Bill was brought in to receive his sentence, he was ordered to stand up.
"You have several times been before this court," said the judge, "and the light punishment you re- ceived has been of no advantage to you, and now the people have come to the conclusion, that they must either lock up their property or have you locked up, and they have concluded to have you locked up; and therefore the sentence of the court is, that you be sent to hard labor in the State prison for the term of ten years, and the court indulge the hope, that during this term, you will reform, or at least forget how to pick locks, or in case your memory continues intact, we hope that during your imprisonment, locks may be invented which you will not be able to pick."
Judge Richardson was tall and commanding in his person. His features strongly resembled those of Andrew Jackson, and indeed, he resembled the old hero in his manners and general appearance. He possessed those qualities that endeared him to his family and to his friends. He was a true, unvarying friend, but as an enemy, unrelenting and bitter while the reason for enmity continued ; yet gen- erous and prompt in his forgiveness of an injury.
He possessed that congeniality with spiritual truths, which is the best evidence of a Christian life. His love of the church to which he belonged, his ardent devo- tion to her ancient, ever-living, fresh, and beautiful ritual, evinced his strong attachment to the worship of his Maker, his allegiance to the great truths of revelation, and his delight in its lofty and purifying manifestations.
Judge Richardson died at Auburn on the 15th day of April, 1853, in the seventy-seventh year of his age.
DANIEL S. DICKINSON.
How the Master Spirits of Our Times may be Divided .- The Qualities of Mr. Dick- inson's Mind .- Considered as an Advocate .- Ruskin's Comparison .- Statesmen Degenerated into Politicians .- Dickinson's Birth .- His early desire to become a Lawyer .- His Father decides to Apprentice him to the Trade of a Clothier .- His Conversation with his Father on the Subject .- He Commences a Trade and his Education at the same time .- His Progress .- Learns Surveying .- Completes his Trade .- Commences Surveying and School Teaching .- Dickinson a Witness in Court. - Amusing Cross-examination. - Who were your Teachers? - Farrand Stranahan .- His Advice to Dickinson .- Dickinson decides to commence the Business of a Clothier .- His sudden change of Purpose .- Makes the Acquaint- ance of Lot Clark .- Enters Clark's Office as a Student at Law .- Discouraging Circumstances .- Clark proposes to assist him .- Visits Albany with Clark .- Inter- esting Interview with Chief Justice Savage .- The Pleasing Result .- The Predic- tion .- Dickinson Admitted to the Bar .- Commences Practice .- His Success .- Removes to Binghamton .- Professional Progress .- John A. Collier .- Incident before Chancellor Walworth .- Dickinson Elected to the State Senate .- Senatorial Career .- Speeches in the Senate .- Dickinson as a Member of the Court of Errors. -Nominated for Lieutenant-Governor .- Defeat .- Again Nominated and Suc- ceeds .- Character of his Speeches .- Anecdote of Lord Tenderden .- Dickinson's Knowledge of the Scriptures .- Speech at an Agricultural Fair .- Political Activ- ity .- Nominated for United States Senator .- Is Confirmed .- First Speech in the Senate .- His other Speeches. - Amusing Scene .- Senator Badger .- Senate in Session not to be sneezed at .- His Relations with Mr. Webster .- Pleasing Letter from Mr. Webster .- The Reply .- Convention of 1852 .- Dickinson Sustained bv Virginia for President .- Retires from the Senate .- The Civil War .- Dickinson's Efforts in behalf of the Union .- Elected Attorney-General .- Important Trials Conducted by him as Attorney-General .- A Judgeship in the Court of Appeals offered him .- Declines .- Declines several other Important Positions .- Appointed District-Attorney for the Southern District of New York .- Nature of the Office and incidents connected with it .- Attacked with slight illness .- Sudden Death .- Action of the New York City Bar on his Death .- Meeting of the Broome County Bar .- Effect of the Intelligence of his Death at Binghamton .- In the Senate and Legislature at Albany .- The Events of Thirty-eight Years .- Mr. Dickinson's Literary Talents .- An Accomplished Letter Writer .- Extracts from Letters to his Wife and Daughters .- Dickinson as a Poet .- Extract from the Preface to his Poetical Works by his Daughter, Mrs. Mary S. D. Mygatt .- Poem written a few days previous to his Death, and dedicated to his Wife.
IT has been said that the master spirits of our times may be divided into three great classes, the character- istic features of which are sometimes blended in a single individual, but generally strongly distinguished from each other. First, may be ranked those whose
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genius is kindled by the divine enthusiasm of poetry, eloquence, and the faculty of selecting and combining lofty, pleasing images, with that creative faculty which embodies and animates them ; faculties, which, dis- played in various modes, and evolved in different de- grees, by exercise and cultivation, are the sources of all that adorns and much that gladdens life.
Distinct from these may be placed the men of theory and abstraction-the discoverers and teachers of great truths and general principles. Lastly, those born for the management of affairs, and formed by nature for the collisions and contests of active life ; who, without waiting for the gradual formation of particular habits, assimilate themselves at once to their station, and discharge whatever duties may be imposed upon them, with as much ability as if their whole lives had been spent in the minutest detail of that single employment. This last appears to have been the most usual form in which American genius has hitherto exhibited itself.
Daniel S. Dickinson possessed a mind which united many of the brilliant qualities of the first, with some of those of the third order. On his moral portraiture are discovered those features which render him a rep- resentative of our general national character.
With many qualities in common with the poet, and partaking somewhat of the character of the philoso- pher, the discipline of the logician, the practicability of the statesman, he may be placed, if not at the head, certainly among the first of the men formed for the discharge of great duties at the bar, in legislative busi- ness, and in the diversified scenes of active life.
Inspired by a consciousness of his own mental powers, aided by an iron determination, and prompted by a laudable ambition, he submitted to the vigils of the lonely, self-taught student-penetrated the depths of science and philosophy-entered those classic fields where the accomplishments and graces of the mind can only be attained-mastered the great principles of
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judicial knowledge-laid his hands upon those honors which dazzled his youthful ambition-raised himself to the sphere of the ablest lawyers and the most gifted statesmen of his times.
The purity of his private life leaves little room for those exceptions and deductions, which too frequently detract from the fame of the gifted and the great. Not that his was a faultless character-no such character exists ; but his imperfections were so controlled by a dominant integrity, so subdued by an unassuming piety, that his better nature triumphed over them all, holding them subservient to the dictates of that being "unto whom all hearts are open, and from whom no secrets are hid."
Considered as an advocate and orator, he certainly had few superiors. He knew how to touch those chords of the human heart which vibrate responsive to sympathy ; he was unseduced by imagination, though no stranger to its inspirations-untainted by passion, though susceptible to all healthy and legiti- mate emotion-enthusiastic, but guided by a discern- ing and well balanced mind.
As Ruskin said of a certain architect, it was one of his chief virtues, that he never suffered ideas of outside symmetries and consistencies to interfere with the real use and value of what he did. If he desired a window, he opened one; a buttress, he built one. His intellect could fit itself to all service, hight of shaft, breadth of arch, or disposition of ground plan. It could shrink into a turret, expand into a hall, coil into a staircase, or spring into the towering spire, with undegraded grace, and unexhausted energy. When- ever he found occasion to change in form or purpose, he submitted to it without the slightest loss, either of unity or majesty. So with the oratorical powers and capacity of Daniel S. Dickinson, he could adapt them to time, place, or circumstances, with the undefined flexibility of Ruskin's architect.
An English writer has said, that the world is
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wearied with statesmen degraded into politicians, and orators who pander to the tunes of the times for pop- ularity which their abilities and endowments cannot command. There was nothing of this searching after ephemeral popularity-this distinctive feature of cun- ning politicians-in Mr. Dickinson ; he occupied a higher and better sphere-a sphere that can only be attained and held by the power and influence of a commanding intellect.
Whoever met him in the social circle, whoever listened to his fresh, happy thoughts, uttered in the unstudied facility of familiar conversation, replete with epigram and point, whoever saw him amid those home scenes, where, as the husband and the father, he was the center of the deepest affection, and where the sunlight of his nature was undimmed by the cares of state or professional duties,-could discern those powers of mind which commanded the respect of "listening senates," but they would see in his play - ful humor, in his loving gentleness, little of that spirit, which, when crime was to be punished, in- iquity exposed and fraud lashed in its lurking place, could be roused into storms of the most terrible invective, or changed into withering, blighting sar- casm.
Daniel Stevens Dickinson was born at Goshen, Litchfield county, in the State of Connecticut, in the year 1800. His father inherited the stern, inflexible virtue of his native New England. When Daniel was six years old, he removed with his father to Guilford, in the county of Chenango. As soon as he was old enough, he was sent to a common school in the neighborhood, where he continued until he was six- teen years of age. At this period he began to serious- ly consider what vocation would be most congenial to his taste, and he decided to adopt the legal profes- sion ; his decision was permanent, though the limited means of his father then prevented him from com- mencing a course of studies which he so much desired.
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As he was not inclined to the life of a farmer, his father proposed that he should learn some mechanical business ; to this the young man objected, begging for permission to commence the study of law. At length his father consented to accompany him to Oxford, for the purpose of ascertaining of a lawyer there, the expense of preparing for the bar. After a careful investigation, the elder Dickinson became convinced that the expense would far exceed his means, and he at once informed Daniel that he must surrender all thoughts of becoming a lawyer. This was a serious disappointment to him -the hopes which he had indulged were suddenly dispelled ; and with a heavy heart he commenced his journey home. For several miles he rode silently by the side of his father ; his thoughts were busy with the devious future ; he had built a tower and city within the Shinar of his own heart, where, forgetful of the pres- ent, he dwelt in the anticipations of the future.
"Father," said he, suddenly breaking the long silence that had existed, "do you remember what Robert Bruce said, when he was driven by his enemies into a gloomy glen, where he had nothing but straw to sleep on ?"
"I remember the circumstance as related in his- tory, but I cannot repeat the words. Can you ?" said his father.
"Yes, sir. He said : "'Though I am driven to this gloomy, dismal glen, with no shelter but this old hut, yet I feel conscious that I shall one day be King of Scotland,' " was the reply.
"What made you think of that just now, Daniel ?"
"Because, father, I want to be a lawyer just as much as Bruce wanted to be king; and though there is but little prospect now of my' ever becoming one, I feel that I shall some day be a lawyer, and a good one too," said the young man.
" Daniel," said Mr. Dickinson, kindly, yet firmly,
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"you must give up that idea now. You see it is be- yond your reach and mine, and you must commence learning a trade."
"Well, father, I shall obey you and learn a trade, but I tell you, I shall never give up the idea of study ing law," said Daniel.
"But you cannot succeed without help. Who do you suppose will help you ?" asked Mr. Dickinson.
" I will help myself, when the time comes, as Rob- ert Bruce did," was the firm reply ; and the conver- sation ended.
Soon after this, young Dickinson was apprenticed to a clothier in the village of Guilford. With his characteristic cheerfulness and obedience, he submit- ted to the arrangement.
With his apprenticeship he commenced the great work of self-education ; the loftiest effort of which the human mind is capable. Every leisure moment was devoted to his books; they were his constant com- panions-the source of his delight-the fountain of his pleasure; and he might have adopted the lan- guage of Horne Tooke, when he said to Erskine, "if you had obtained for me ten years of life in a dun- geon, with my books, pen and ink, I should have thanked you."
With the assistance of a clergyman in the neigh- borhood, who was a ripe classical scholar, Dickinson succeeded in attaining a practical and correct knowledge of Latin. As a reward for his weary, toilsome study, he was enabled to read with perfect facility the precise elegance and harmonious utter- ances of Virgil, Cicero, Horace, and Livy ; while the pages of Cæsar and Tully, the one the most elegant, the other the most eloquent of Romans, enlivened his intellect and chastened his imagination.
It was his delight to contrast the rude speech of the old patrician ages, with the artificial graces of the declining republic. In after years, while speaking to a friend on this subject, he remarked, "it is
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strange that supercilious effeminacy and insipid elegance is the sure precurser of a nation's decay."
In addition to his advancement in the languages, he made considerable progress in rhetoric, logic, men- tal philosophy and surveying.
"You would be astonished," said he one day, to a student in his office, who is now an eminent lawyer, " did you know how much progress one can make in any study, by devoting to it but one hour in each day. In that way I learned the science of sur- veying."
At length the years of his apprenticeship wore away, and his time was his own. But as he was, in many respects, an excellent scholar, capable of teach- ing the languages and the higher branches of mathemat- ics, and also a competent surveyor, he abandoned the trade which he had learned, and entered upon the duties and responsibilities of a teacher. When not occupied in school, he was engaged in surveying lands, and adjusting the boundaries of the farms in various parts of Chenango county.
This latter occupation made him a witness in the numerous ejectment suits, which at that period were brought to settle the conflicting titles of the land-hold- ers. During his attendance at court the examina- tion of the witnesses, the argument of counsel, the charge of the judge, were closely watched, and keenly observed by the young surveyor, and thus each trial to him was a practical and valuable lesson in the study of law.
His evidence upon the lines which he formed and established was considered conclusive. He gave his testimony in that self-possessed, intelligent manner, which rendered it effective.
Occasionally, however, he was attacked by some opposing lawyer, who on the cross-examination would attempt to destroy the force of his evidence. On one occasion, he was introduced as a witness in a trial which took place at Cooperstown.
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Having given his evidence as to the quantity of land contained in certain boundaries, described by a map which he had made, the opposing lawyer com- menced as follows :
"Mr. Dickinson, at what institution did you learn the art of surveying ?''
" At a pretty large one, sir," was the reply.
" Well, sir, where was it ?"
" Wherever and whenever I could gain time to study it."
"Then you never learned surveying as a science, did you ?"
"Yes, sir; I learned it as a science; but not at any institution of learning."
" Who was your instructor, sir ?"
" I had the very best instructors, sir."
" Well, name them."
"My books, my compass, my pencil, and my own brains. I suppose these are the principal things I should have depended upon at any institution, espe- cially the latter article," said Dickinson.
The lawyer, who was a surveyor himself, and aided by a professional engineer at his side, believing that the self-taught surveyor could be easily disposed of, commenced a rigid cross-examination, in which he used all the technical tricks of the art, in the hope of entangling the back-woodsman, as he termed Dick- inson ; but it soon became apparent to the judge, jury, and bar, that the advantage was with the witness. In no instance did he falter, waver or hesitate, and he left the stand in triumph.
The late Farrand Stranahan, then a distinguished and learned member of the Otsego bar, and subse- quently an eminent member of Congress, was the law- yer who tried the cause for the party who subpoenaed Dickinson.
He was exceedingly gratified with the manner and acquirements of his witness. When the trial was over, he invited the young man to his office.
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"Mr. Dickinson," said he, "I am pleased with your instructors in surveying, particularly the one you called brains. I believe you have a pretty large sized pattern of your instructors always with you, and my opinion is that they will yet do something hand- some for you. Take my advice, and study law. I believe you will succeed at the bar ; your practical instructors, sir, will lift you to a very high position."
The young man assured Mr. Stranahan that he had always intended to become a lawyer; but as his means were limited, he had not been able to com- mence his studies.
"Commence at once, young man-commence at once. You need have no fears ; you will make your way to the bar, and I shall hear of you there, too. Be resolved to succeed ; master the law as a science ; do not play in its shadows, but enter its depths-take the open, the deep sea, and you will at length come proudly into port," said Mr. Stranahan.
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