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 55
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" What does this mean, Marcus ?" he asked. " What are you reading ?"
"I am reading Virgil," was the answer.
" Reading Virgil, sir! Where did you learn to read Virgil, pray ?"
"Here, in your school," said Reynolds.
The principal then directed him to continue his reading ; the boy complied, reading two or three pages very readily and correctly.
" This is surprising," said the teacher. "Have you recited to any one ?"
"Yes, I have recited to George Powell."
" Well, sir, you shall take your place in the class now, and I will write to your father and acquaint him of your progress."
This circumstance represents a prominent feature in the character of Mr. Reynolds; it exhibits that strong determination, that concentration of purpose, and that intellectual superiority, which exemplified themselves in every phase of his after life.
At length his preparatory course was completed,
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but he was deterred from entering college for some time by ill health. Gaining his health, however, he entered Union, where he was characterized by the same love of study and powers of application which indicated his abilities during his preparatory course. Several literary productions written by him while in college gave evidence of the vigor, activity and strength of his intellect. He was continually storing his mind with valuable information, and such were the powers of his memory that a "literary production composed, but not written, and laid up in his mind, was ready to be summoned to use at any future time, and could be recalled after a long interval, with hardly the loss of an idea that entered into the origi- nal structure." This unusual strength and tenacity of memory was exhibited at the bar in referring to ad- judicated cases and elemental texts.
While in college he developed those elocutionary talents, that keen and sparkling wit which rendered him so pleasing and yet so powerful as an advo- cate.
In the year 1808, he was graduated, standing second in his class. Immediately after this event, he commenced the study of law in the office of the late Attorney-General M. B. Hildreth, at Johnstown, New York. Mr. Hildreth was a lawyer of many rare and valuable qualifications. He was a cotemporary of the late Daniel Cady, W. W. Van Ness, Thomas Addis Emmett, D. C. Colden and T. R. Gold.
It was the rare fortune of young Reynolds while a student, to witness intellectual contests between men of such mental powers and varied acquirements as those great leaders of the New York bar. He was called to the bar in the year 1811. About this time Addison Gardner, Samuel Stevens, Benjamin F. But- ler, John A. Collier, Charles O'Conor, William H. Seward, Ogden Hoffman and A. C. Page were also admitted to the bar.
Mr. Reynolds commenced his practice at Johns-
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town. He was compelled to contend with the learned, high-toned and gifted Cady, a rival who shed luster upon an opponent. As the eloquent H. K. Smith, who sat at his feet as a student, drew from him those inspirations which rendered him so gifted, so Marcus T. Reynolds, as an antagonist, caught from him the same intellectual fires.
Mr. Reynolds continued to practice at Johnstown with distinguished success until the year 1828, when he removed to Albany, where he entered on an almost unprecedentedly brilliant professional career. Indeed, for many years, the history of that career is the his- tory of the Supreme Court and the Court for the Cor- rection of Errors. During a period of thirty-five years, he appeared as one of the contesting counsel in as many of the cases adjudicated in those courts, as any other lawyer that has ever appeared at the New York State bar.
He was one of the most consummate advocates of his day. His rich humor, his argumentative powers, his singularly rich and copious diction, his mind, stored, yet not crowded, with subjects of classical and fanciful illustration, enabled him to bring to the bar many solid and shining accomplishments.
Though he possessed considerable imagination, though, if the occasion required, he could pass from prose to verse, from history to poetry, and from poetry to the black letter of the law with great facility, yet few would observe this versatility in his speeches at the bar. He rarely appealed to the passions of the jury, relying rather upon the law and facts in the case, soberly demonstrated by the intuitive power of common sense. He had none of that alliteration and antithetis-heated passion and inflated metaphors that burst the silken covering of sense, and then glitter in empty space.
It is related of the late Mr. Justice Talfourd, that while at the bar, he occasionally ascended into high sentimental regions, quite out of the reach and under-
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standing of the jury. This was illustrated in his speech in behalf of Moxon, who was prosecuted for publishing the works of Shelley.
"When the time arrived," says his biographer, " he let off a series of rounded rhetorical paragraphs which flew over the heads of the jury, bewildering, instead of guiding or convincing them ; and a verdict of guilty was the mortifying result."
The legal speeches of Mr. Reynolds were natural, easy, replete with argument, never too artificial and recherche. His gestures were very few, generally with his right arm and forefinger, occasionally dropping the palm of his left hand upon the table, if one was before him, if not, he balanced it before him in an easy, natural manner.
He had the faculty of passing from "grave to gay, from lively to severe," with surprising facility. This is illustrated by his arguments in cases like Mabee v. Peck, and in cases like The People ». Lamprey. So widely did these intellectual efforts differ from each other, that a stranger would naturally have believed them to be the productions of different minds. The former case involved the consideration of mere ab- stact questions of law, and his argument abounded in nothing but reason, relieved by no lucid narration -no appeal to the feelings-no address to the imagi- nation, and yet it was an intellectual triumph : those who listened to him could hardly think it possible for a feeling of pathos, sympathy or pleasantry ever to enter his bosom, so thoroughly prosaic was his speech.
Lamprey was tried for the murder of his own nephew. There were many circumstances in the case which appealed strongly to sympathy, and Mr. Rey- nolds interposed a powerful and successful defense, founded, not only upon the facts, but upon grave and intricate questions of law. His address to the jury was an inimitable specimen of legal oratory. It was often enlivened by momentary displays of wit and humor ; it abounded in exquisitely wrought passages.
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in which pathos and argument were interfused. Even on the discussion of the legal questions in this case, "he cast the playful hues of his fancy," so that it was difficult to determine whether at the bar he was the giant or the magician-Briareus or Prospero.
He carried his cases by being thoroughly imbued with them himself, and then by a clear and well de- fined statement to court and jury, imparting the im- pression that he had no doubt as to the right of his case. Before a jury he had a sort of magnetic power, by which he photographed his own ideas and reasons upon the minds of the jury.
Many years before his death he was thrown from a horse ; the fall producing an injury to one of his knee- pans, of such a serious character that amputation be- came necessary. Immediately after the accident he was taken into a store, and the wound examined by one of the most skillful surgeons in Albany ; who be- came convinced that amputation must inevitably fol- low, and he so informed the sufferer, stating further, that, perhaps, it had better be done on the following day.
"I wish you to proceed instantly, without any delay. I cannot have the matter upon my mind," said Mr. Reynolds.
The surgeon obeyed. This was before chloroform was used by surgeons, but Mr. Reynolds submitted to the operation without a groan.
After the loss of his leg, he generally conducted his causes sitting. Whenever it became necessary for him to address the court or jury, he would invariably make a motion as though he was about to stand upon his feet, and the court never failed to say, "Please keep your seat, Mr. Reynolds."
It was pleasing to observe the gratifying ameni- ties between him and the bench and the bar; every attention and assistance was proffered him which a delicate sense and appreciation of his misfortune could suggest.
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Mr. Reynolds, when he chose to exercise them, possessed great powers of sarcasm, and at times one of his deepest inspirations was scorn ; hence he conld awaken terror and shame as easily as he could melt, agitate, and arouse. His love of pleasantry never deserted him, but his manner when humorous was apparently cold and emotionless. An anecdote illus- trative of this is related by Charles Edwards, Esq., in his "Pleasantries about Courts, &c."
"In a case pending before the chancellor, wherein Mr. Reynolds was counsel for one of the parties, a point had been raised before the court, that the wife of a party was not brought in, and he had granted an order staying all proceedings until that was done. But notwithstanding this, Reynolds appeared in court and was about to move in the suit, when his op- ponent with great warmth expressed his surprise, and objected to any proceedings until the lady was made a party. The chancellor promptly approved of this objection. Mr. Reynolds observed that he was retained to act for his client, and he believed he could show the court that he ought to be allowed to pro- ceed. But the chancellor very peremptorily in- formed him that he could not proceed. Nevertheless, Reynolds, in his cold and passionless manner, ob- served that he was not only retained, but-something unusual-had been paid his fees in advance, and he really must be allowed to go on ; still insisting that he could convince the court why he ought to be permitted to go on. But the chancellor again checked him, this time rather tartly, and as often as he tried to get in one word, the court uttered two, by way of oppo- sition.
"""Well,' said Reynolds at length, 'if I cannot be allowed to go on, I must move the court for an order putting the cause over until my client can marry a wife and bring her into court.'
"'What,' said the chancellor, 'is he not mar- ried ?'
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"'No sir.'
""'Why, then, was this order made ?'
"'He was married then, but if your honor please, his wife died since.'
"' Why did you not say so at first, Mr. Rey. nolds ?'
""'Because your honor would not give me the opportunity.' "
There was at times a playfulness in his nature that would not permit him to forego a good joke, and any little pleasantry which occurred at the bar, always amused him. It is related of him that upon one occa- sion, he had noticed an old cause for argument at a special term held by Judge Nelson. His opponent was Mr. Colyer. At the appointed time, the case was called and promptly moved by Mr. Reynolds, but Colyer declared that he was not ready to proceed ; the former however, gravely insisted upon proceeding with the argument. "This case has laid a long time, your honor. Something over a year ago I made some points in it, but not an extended brief, and I have not looked at the papers since." While making these remarks his papers lay on a table by his side a little out of the range of his vision, and Reynolds adroitly drew the points out of them, and inserted his own. "I shall insist," said he, after Colyer had seated him- self, "that we make some progress in this case to-day, at any rate; and my opponent can use the points which he has, with the privilege of making more if he desires."
To this the judge assented, and Mr. Colyer took up his bundle of papers, drew from them Mr. Rey- nolds' brief, supposing it to be his own, and com- menced his argument.
"My first point, your honor, is"-and he com- menced reading. After proceeding a few moments, he paused, and then commenced again with considerable emphasis. "My first point is,"-and he read several lines then came to a dead pause. "Well," said he, 46
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" that point does not seem to me to be exactly like the one I drafted, and I confess it does not bear much on my side of the case; however, I will, if the court please, consider my second point," and he com- menced reading his second point.
He proceeded a short time, when he paused, and looked at the authorities to which it referred.
" Well, well; I must confess when I drew these points, I was thinking that I was employed on the other side, or else my clerk has made a horrible mis- take in copying them. If your honor please, I cannot proceed with this argument; if I do, I shall be beaten by my own showing. Mr. Reynolds," he continued, turning to his opponent, "under the circumstances, I beg that this"-here he was interrupted by a general explosion of laughter from the bar, who had been a witness to the change of points.
It was quite impossible for Judge Nelson to main- tain his gravity, and he, too, joined in the laughter. At length, when order was restored, Mr. Reynolds arose and with much dignity remarked to the court that, as he did not desire the counsel's aid in arguing his side of the case, he would consent to have it go over, for the purpose of giving his opponent time to prepare a brief for himself.
In person, Mr. Reynolds was slightly above the ordinary stature; his frame was slender, but well pro- portioned. In his earlier years, his form was more athletic. His face was thin. His high forehead evinced intellectual power. On the whole, his countenance was one upon which a physiognomist would look with pleasure ; it indicated that "he read much-was a great observer, and looked quite through the deeds of men." A special element in his char- acter was his comprehensive vigor, and the accuracy with which he separated truth from error, the facility with which he methodized and elucidated his argu- ments. His success as a lawyer was the reward of constant mental elaboration.
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"He was well instructed in the great principles which underlie the administration of justice, and with inexhaustible resources always at command, he was never at fault for a reason or an argument. No man was ever able to master a case with greater ease and facility, or present it with greater clearness. If un- sound, he was always plausible, if unprepared, he was always ready with the keen weapons of wit, irony, and argument; and if unable to convince, he never failed to hold the attention and interest the most learned and grave judges. No man was ever gifted with more fertility of resources, or knew how to use them with greater effect ; there was about him that which made him a favorite among men of eloquence, learning, wit, and fancy. In fact, in this sphere he was the peer of all, and the imitator of none.
" He lived a life of devotion to his profession. He never sought or held public office. Simple and retired in his tastes and habits-a warm and generous friend, an open and manly adversary. He was alive to the obligations of charity, and dispensed with a lavish hand, to every good and worthy object. Many of the religious, charitable, and literary institutions of Al- bany are indebted to him for pecuniary aid and influ- ence. For many years he was one of the vestry and a member of St. Peter's Church, in that city."
His abnegation of politics was more thorough than that of Mr. Hill or Mr. Stevens.
The secret of this was his utter distaste for those practices and associations which are so necessary for the complete politician.
He was often solicited to become a candidate for office. In the autumn of 1831, a committee of gentle- men waited upon him for the purpose of tendering him the nomination for Congress for the Albany dis- trict.
After listening to their statement, he said :
" Gentlemen-I am not politician enough to accept
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this nomination. If I should be elected, I could be of no service to you as a partizan."
" We do not care for that, Mr. Reynolds ; we ten- der you this nomination for your talents and your qualifications for it," said one of the gentlemen.
"But I have just informed you that I have no qualifications for the office. I have no capacity for pulling the political wires, and if I attempted that delicate business, ten to one that I pulled the wrong one, and thereby ruined your best plans. No, gen- tlemen, you want a wire-puller ; I cannot be that man, and, therefore, I cannot accept those honors which you have so courteously and generously tendered me," and the committee withdrew.
In his social relations, Mr. Reynolds possessed those qualities which accompany a refined and sen- sitive mind, and which made him beloved in the sacred circle of home.
From the year 1837 down to the adoption of the Code of Procedure, Marcus T. Reynolds, Samuel Stevens, and Nicholas Hill were leading lawyers in the State. The two former had been distinguished at the bar of the Supreme Court and the Court for the Correction of Errors, long before the latter appeared there ; but soon after his removal to Albany, Mr. Hill, as we have seen, ranked with the ablest at that bar, and was considered a rival of Mr. Stevens and Mr. Reynolds. The three were constantly engaged in the principal courts of the State, sometimes on the same side, but more frequently opposed to each other. It is proper, therefore, in this connection, to consider the character of SAMUEL STEVENS.
He was a lawyer of rare accomplishments, an ad- vocate of great power. He conducted his causes with dexterity, avoiding unnecessary exaggeration. Like Ogden Hoffman, he contrived to give interest to a dry detail of facts, by a happy adaptation of his mind to them ; he could on the instant select out of a variety of matters those which would made the best appear-
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ance and be least exposed to observation and to answer; "he could estimate the probable case which was hid in his adversary's brief, and prepare his own to elude its force-decide between the advantage of producing a witness, and the danger of exposing him ; if he represented the defendant, he knew how to ap- ply evidence to a case new in many of its aspects, or take the grave responsibility of offering none. Be- sides the opportunity which the forms and mode of trial gave to the exercise of skill, the laws of evidence afforded him still greater play for his ingenuity and grounds of caution, possessing even on the most trying occasions imperturbable self - possession, al- ways having a full comprehension of the law and facts in his case."
As a speaker, he was as effective before the court as either Hill or Reynolds; as a jury lawyer he was more successful than the former, because he was more emotional than he, more vivacious and vehement. His gesticulation was active and frequent, and he often illustrated his argument with a humorous story, which contained point and force. His good nature prevailed at the bar, always accompanied by a keen wit, which was ever at his command, and ever agreeable, because it never descended to pungent or of- fensive satire. In his manner he was what might be called free and easy ; his mouth was always occupied by a quid of tobacco, by no means belonging to the infinitessimal size. He was popular with the people, who thoroughly believed in him, and thus he had one quality of the successful politician, and he was more of a politician than either Hill or Reynolds.
He was first known to the political world as one of most able and eloquent supporters of De Witt Clin- ton in the State.
In 1825 he represented his native county of Wash- ington in the Assembly, and although one of the youngest members of the House, was regarded as a leader of the Clintonians in that body.
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In the year 1827, he was again elected to the As- sembly. In February of that year, he delivered a speech on that part of the governor's message which referred to internal improvements, which for brillian- cy, point and effect, was unsurpassed, while it estab- lished his reputation as a profound thinker, an ingenious reasoner, and an accomplished speaker. He afterwards identified himself with the Whig party, and in the legislative caucus held in February, 1839, was strongly sustained as a candidate for attorney- general ; Willis Hall, of New York, was, however, the successful candidate, on a vote of forty-five to forty- two. It was in this caucus that John C. Spencer was nominated for secretary of state. It is said that Mr. Stevens himself was quite indifferent as to the result of this contest. He was never again before the public for any civil office, excepting once, when he was nomi- nated for lieutenant-governor.
In personal appearance, Mr. Stevens differed ma- terially from both Hill and Reynolds. He was short, thick set, tending to corpulency-his eyelids were al- ways partly closed, as though they were affected by the light. He was of a nervous temperament, active, energetic, and restless.
These three eminent lawyers, as has already been said, often opposed each other at the circuits, es- pecially during the years 1835, '36 and '37. They were frequently engaged at the circuits in distant coun- ties, and were always at the Schenectady courts.
When it was known at Union College that either of these distinguished lawyers was engaged in the trial of a cause, the court room would be thronged with students, as it was a custom of the faculty to excuse them from recitation on such occasions. When either of these advocates addressed the jury, "scarcely any sound could be heard except the pens of the reporters, and those of the opposing counsel taking notes."
At the Albanv bar there was scarcely a case of im-
·
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portance tried in which one of the three did not ap- pear as counsel. "They opened their briefs with ap- parent unconcern ; stated complicated facts and dates with marvelous accuracy ; conducted a cause with zeal and caution through all its dangers; replied on the instant, dexterously placing the adverse features of each side in the most favorable positions for their clients ; and, having won or lost the verdict for which they struggled, as if their fortunes depended on the issue, dismissed it from their minds like one of the spectators. The next cause was called on ; the jury were sworn ; they unfolded another brief and another tale and were instantly inspired with new zeal, and possessed by a new set of feelings ; and so they went on till the court adjourned." Among the many dis- tinguished qualities which they possessed, there were two with which each was liberally endowed, and which were "essential to their splendid success-a pliable temperament and that compound quality, or result of several qualities, called tact, in the manage- ment of a cause."
Mr. Reynolds died on the 13th day of July, 1864, in the seventy-seventh year of his age.
Ten years previous to his death, owing to ill health, he retired from the bar, and nearly withdrew from former associations and society, save that of his im- mediate family. And at last his splendid intellect vanished from the dome of thought, and his last years were passed in mental darkness.
WILLIAM G. ANGEL.
His Ancestry .- Birthplace .- Description of his early home in Otsego County .- His Love of Knowledge .- His Poverty .- The Commencement of his Education .- The Circulating Library .- His Struggle to obtain access to it .- His Ultimate Success. -Engages as a Clerk in a Dry Goods Store .- Deposits a large quantity of Whis- key in the wrong place and Leaves the Store .- Dr. Buckingham and his School. -Young Angel a Pupil .- How he Obtained a Copy of Murray's Grammar .- His Progress in the School .- Becomes a Medical Student .- Abandons the Study .- Is a Witness in a Lawsuit .- The Novelty of the Scene .- Colonel Farrand Stranahan and Honorable William Dowse, of Cooperstown, the Opposing Counsel .- Angel's Personal Appearance .- The Wonder with which he Witnessed all the Proceedings .- A new Field of Ambition opens .- Enters the Service of William Dowse as a Laborer .- How he managed to became a Law Student .- Dowse Elected to Congress .- His Death .- The Struggle of young Angel to obtain his Profession .- Succeess at Last .- Discouragement of his early Professional Life .- His retiring nature and embarrassment in Courts of Record .- An incident occurs which causes him to overcome his Embarrassment .- Samuel A. Starkweather .- . Angel's Professional Career .- He becomes Prosperous, and gains Distinction at the Bar .- Is Elected to Congress .- Is repeatedly Re-elected .- His Congressional Career .- His relations with Calhoun, Clayton, Silas Wright, General Houston, and Ogden Hoffman .- Retires from Congress .- Removes to Hammondsport, New York .- Forms a Partnership with Morris Brown, Esq .- Martin Grover a Student in their Office .- Angel removes to Angelica, and enters into Partnership with Mr. Grover .- Character and Success of the Firm .- Mr. Angel enters into Partnership with Honorable Wilkes Angel .- Is Elected a Delegate to the Con- stitutional Convention .- His Labors and Services in the Convention .- After its adjournment, he is Elected County Judge of Allegany County .- Character as a Judge .- Retires from the Bench .- His Death .- Characteristics.
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