USA > Texas > The bench and bar of Texas > Part 12
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
" Under our laws every one is presumed innocent until proven guilty, and has a right to a fair and impartial trial by the courts of the country. Even the worst criminal in the land is entitled to a legal trial, and to be judged by the proper tribunal, and, though you may be impressed with a belief of his guilt, yet, it is your sworn duty, when in his defense, to see that he is not convicted contrary to the rules of law and the practice of the courts. The law, in its humanity, requires the court to appoint, when parties are too poor to employ, counsel. The profession has much of this ' charity practice,' for which the world does not give it credit. When so appointed, it is your
145
MICAJAH HUBBARD BONNER,
duty to see that the defendant has a fair and impartial legal trial - nothing more, nothing less.
"The property, reputation, and even the life of your client may be confided to your care ; and, that you may properly protect them, it is your solemn duty to learn, and if possible, to master the law. Our system of law pro- cedure is peculiar, and our State an empire in its territory. and resources, and, if undivided, bids fair soon to rank with the proudest in the Union. It presents extraordinary inducements for active brains and energetic hands, insuring both honorable reputation and comfortable competency. You must, however, be the architect of your own profes- sional edifice. There is indeed here no 'royal road' to preferment, no excellence without great labor. You will find that even in the viginti annorum lucubrationes, instead of having mastered the whole of the law, you will but have trained yourself for the great work; that new and rich fields of inquiry open their harvest before you, and that new conquests invite you onward. Its boundaries, like space, seem to recede as we advance. A great master of the art, when asked in what does true eloquence consist, answered: ' Action, action, action !' One of the greatest sources of a lawyer's success is reading, reading, READING ! Another of the most prolific sources of instruction, combining both the theory and the practice of the law, is the actual work in the court-room. Whether engaged or not in the particular case on trial, if you can consistently with other engage- ments, watch it closely and with the determination to learn. Besides the direct instruction, it may open to you a rich vein of thought and investigation. It is said that the great Daniel Webster once gained, with a brief prepared for a justice court, a celebrated case, in which he received a large fee. Watch the learned lawyer, and the eloquent advocate, his ease, his self-possession and his learning; scan closely the pleadings, listen to the artful examination and cross-examination of the witnesses, and to the questions of evidence ; note the arrangement and manner of the argument, determining between the terse, pointed logic, and fervid zeal of the true advocate, and the rambling
10
146
BENCH AND BAR OF TEXAS.
thoughts and the ' long, hollow harangues' of others. In this way you will learn the art of the law, that tact and practice so essential to success, and which no amount of reading can supply. Truly it may be said that ministers of the gospel may be aided by Divine inspiration, empirics in the medical profession may bury their ignorance and their blunders with their unfortunate dead, but the practice of the lawyer stands upon its own merits, exposed to the open gaze of the whole multitude, and a discerning public will not be slow to judge him by the proper standard. It is not expected that every one will make a distinguished advocate or a profound jurist, but all who aspire to become successful lawyers should start out with a reasonable amount of good, native intelligence, and a large share of energy. As between such and the man with fine natural talent, who relies mainly on that for success, you will find that in the end it will be but a renewal of the race between the hare and the tortoise, that energy and perseverance will outspeed the erratic flight of mere brilliant genius. Judge Story says : 'To no human science better than the law can be applied the precepts of sacred wisdom in regard to zeal and constancy in the search for truth. Here the race may not be to the swift, but assuredly the battle will be to the strong.'
" As a young lawyer, and inexperienced, you should neither expect nor receive heavy and important cases at first. But ' despise not the day of small things; ' for if you are faithful to the few cases confided to you, and prove yourself worthy and well qualified for their management, you will soon be invited into the higher walks and richer fields of the profession. Having other necessary qualifi- cations, you may rest assured of the truth of the maxim that ' if you keep your office, your office will keep you.' Punctuality and diligence in business will surely have their reward. Sooner or later merit and worth will be in de- mand. Qualify yourself for business; let it be known that in business hours you will be found at your office, that you will give your clients good, candid advice, and, you may rely upon it, business men will surely find you out.
147
MICAJAH HUBBARD BONNER.
Though you may by such advice, now and then, loose a fee in the particular case, yet it will be like bread cast upon the waters, by which you will in the future make friends and reputation worth to you many fees. The inspired writer says, ' a good name is rather to be chosen than great riches.' Our reputation, as a general rule, is not made in a day, but by slow degrees, insensibly as the dew is distilled from the heavens - here a little, and there a little. It grows with our growth and strengthens with our strength ; and one mishap may destroy that which it required years to rear. So demean yourself, then, that business and a good name will follow you. Scorn to resort to what is known by the profession as ' sharp practice.' Rise far above the lone pettifogger and the contemptible shyster, who, jackal-like, disturb the peace and quiet of the com- munity by unearthing and stirring up litigation and lending their aid to disgraceful law suits. Such unworthy and dis- honorable members have brought reproach upon our noble profession.
" Be then, as a patriotic citizen, faithful to the constitu- tion and laws of your country ; as a member of society and of your profession, high-toned and honorable in your deportment and dealings ; diligent in your studies and busi- ness; always do unto others as you would wish to be done by, and success and honor will crown your efforts."
148
BENCH AND BAR OF TEXAS.
STOCKTON P. DONLEY.
The subject of this memoir was born in Howard County, Missouri, on the 27th of May, 1821. He was educated in Kentucky and was admitted to the bar in that State, from which he removed in 1846 to Texas and began the practice of law at Clarksville, but in 1847 established his office at Rusk and became the partner of James M. Anderson. Mr. Donley was a young man of steady and persevering habits. He rose rapidly in his profession and early distinguished himself, particularly as a criminal lawyer. In 1853 he was elected over the most formidable rivalry to the office of dis- trict attorney of the Sixth Judicial District, and found in this position a field inviting to his genius and congenial to his habits of mind, and he soon developed traits of char- acter which gained him great popularity as well as the repu- tation of being the most efficient prosecutor in the State. He possessed a thorough knowledge of the criminal law, and the inquisitive, prompt and resolute manner in which he sought its enforcement caused criminals to flee from his district as from a glance at certain conviction and sure pun- ishment. He was not only skilled in the legal art of fixing crime, but he was familiar with human nature, and an ex- pert in detecting and judging the motives of men and the springs of human action, so that it was almost impossible for the true history and character of any crime to escape his investigation. No web of perfidy was ever so artfully woven that he could not unravel its threads and expose it in its naked depravity, and the celebrated John Randolph, in his palmiest days, never reveled more in the detection of crime or lashed his guilty vietims with more success. Yet he po- essed a mild and amiable disposition, which but gave addition. I effect to his powers ; and when occasion required
149
STOCKTON P. DONLEY.
he would chastise his victims with an air of gentility that added smart to the excoriations of his lash, until writhing in the agonies of chagrin and conscious guilt they would, if permitted, have rushed from the court-room, as did the clergy of Virginia on one occasion to escape the piercing shafts of Patrick Henry. The people hailed him as a puri- fier of society and a blessing to his district.
In 1860 he removed to Tyler, where he permanently located and entered upon an extensive practice ; but when the tocsin of civil war sounded in 1861 he cast his lot with the Confederacy and enlisted as a private soldier in Gregg's Regiment. He was soon promoted to a lieutenancy and dis- played conspicuous gallantry at the siege of Fort Donel- son, where he was captured with his entire command. On being exchanged he was, in consequence of failing health, assigned to post duty, and continued in that service until the close of the war, when, without repine at the loss of all his earthly possessions, he vigorously resumed the practice of his profession at Tyler.
In 1866, at the solicitation of his friends, he permitted himself to be placed before the people as a candidate for a seat upon the Supreme bench, and was elected by the largest number of votes that had ever been cast in the State for that office. He filled this position with fidelity, ability and honor until he was removed as an obstructionist by military power in 1868. He then resumed his practice in copartner- ship with Gov. O. M. Roberts, and subsequently with John L .- Henry, the latter being his partner at the time of his death, which occurred at Kaufman, Texas, on the 17th of February, 1871.
Judge Donley was a lawyer of fine ability, and, as a judge of the Supreme Court, exhibited qualities which belong to the highest judicial character. The same learning, penetration, energy and devotion to duty which distin- guished his career at the bar, eminently marked his character upon the bench. Notwithstanding that four years of military life had left a blank in the prime of his profes- sional life, he not only proved himself, though fresh from the distracting scenes of a long war, fully competent for
150
BENCH AND BAR OF TEXAS.
the position of Supreme judge, but his decisions portray an ability that would honor the ermine of any sanctuary of justice. He was a man of many noble qualities, and as a judge he was upright and conscientious, patient and polite in his audience, and accorded a courteous considera- tion to all suitors. He was, moreover, of an energetic and enterprising nature, sincere and manly in his bearing, and a general favorite among the members of the bar. He was modest and retiring in his judicial demeanor. He never . sought to force his opinions upon others, yet maintained them with a vigor and erudition that often convinced and astonished his associates.
In politics he was devoid of strong prejudices. Though a firm Democrat, he belonged to that conservative school which maintained an abiding faith in the capacity of the American people for self-government.
While he was not an orator, so far as that quality consists of skill in the use of polished phrases and ornation of speech, his arguments were always logical and weighty with the pith of sound judgment; and he was always ready to maintain his position with the naked sword of reason.
His domestic life was of an exemplary order. His highest aim was to elevate his family to the highest attain- ment of virtue and happiness. He was first married in 1854 to Miss Judith M. Evans, of Marshall, and she having died, he was again married in 1867 to Mrs. Emma Slaughter, of Tyler, and this excellent lady still survives him.
Judge Donley was a man of but few faults, and his weakness weighed but little in the scale of his greatness. They were dimmed and obscured by the full blaze of his resplendent virtues, and his life as a lawyer, a judge and a patriot, is worthy of emulation, and deserves a proud niche in the column of Texas eminence.
He was interred at Tyler, and the funeral procession was one of the largest and most imposing ever witnessed at that place, which fitly indicated the love and esteem in which he was held by his people.
151
AMOS MORRILL.
AMOS MORRILL.
The distinguished subject of this memoir was born at Salisbury, Mass., on the 25th of August, 1809. His father was a native of the same place, and was a descendent of an old Puritan family which emigrated from England to Massachusetts at an early period of its history, and from which the distinguished men of that name in New England likewise descended.
The educational advantages of young Morrill, though mainly due to his own exertions, were ample and liberal. He was an energetic, aspiring youth, and taught school dur- ing the winter months to aid in defraying the expenses of a collegiate course, which he completed with honor and dis- tinction. He was graduated from Bowdoin College, in Maine, in the class of 1834, while the poet, Longfellow, was a professor in that institution; and having no fortune but his education, and no reliance but his own exertions, the qualities of his nature dictated adventure, and he em- igrated to Nashville, Tenn. ; but finding no situation there and being short of means, he soon afterwards went to Murfreesboro. There he found employment as a teacher and acquired popularity by the new and successful methods of instruction which he adopted. But his aspirations were not yet satisfied, and, having continued in this occupation two years, during which he read law in his leisure moments, he went back to Massachusetts and studied law in the office of Robert Cross, a distinguished lawyer of Amesbury ; and having acquired a thorough knowledge of the rudiments of common law he returned to Murfreesboro, obtained his license and began the practice of his profession at that place. But his ambitious and adventurous spirit yet coveted a brighter and a richer field, and in 1838 he removed to
152
BENCH AND BAR OF TEXAS.
Clarksville, Texas, where he pursued the study and practice of law, and by his untiring industry and indomitable energy soon took his stand at the head of the bar at that place, which, even at that early day, presented no mean array of legal talent. This portion of Texas at that time swarmed with outlaws from the States, and the position of a young lawyer, who necessarily comes in contact with all classes, was one of constant peril and temptation. But young Mor- rill was equal to every emergency, and it is said that on more than one occasion his presence of mind, firmness and intrepidity saved his life while grappling with the lawlessness which reigned over the country.
He was here victorious also in a more happy respect. He was married at Clarksville in 1843 to Miss M. A. Dickson, who survives him. She is one of the most accomplished ladies the author has met in Texas, and, if the truth was known, was one of the chief agencies of the distinction and success of her husband.
After his marriage he admitted J. J. Dickson, the brother of Mrs. Morrill, to a copartnership in his practice, which continued until 1856, when Mr. Morrill removed to Austin and associated in practice with the late Governor A. J. Hamilton. This firm became celebrated throughout the State, and continued to grow in popularity and success until the outbreak of the civil war. Mr. Morrill was an old line Whig and opposed secession. He was a conscien- tious and devoted Unionist, and his views, which he main- tained with great firmness and candor, having in a measure estranged his old friends who were ardent in their advocacy of extreme measures for the redress of Southern grievances, his position became unpleasant, and in 1862 he left his home in Austin and retired to Mexico, thence he went to New Orleans, and afterward sought his old home in Massa- chusetts. During the last year of the war he accepted a position in the custom-house at New Orleans, where he anxiously awaited the time when he could return to his home in Texas, and when peace was proclaimed he returned to Austin intrusted with important business interests by the merchants of New York and Boston.
153
AMOS MORRILL.
In 1868 he was appointed chief justice of the Supreme Court of Texas, and held that office during the space of two years. In 1872 he was appointed, by President Grant, judge of the United States District Court for the Eastern District of Texas, upon which he settled at Galveston, where he purchased an elegant residence, and devoted his judicial vacations to the study of maritime law and admiralty, and made him- self master of that intricate branch of Federal jurispru- dence. He presided in the Federal court nearly twelve years, during which many important cases, arising out of the new order of things occasioned by the war, came before him for adjudication, and it was on the reversal of his de- cision in the case of the United States v. Legrand, by the Supreme Court of the United States, that the Civil Rights Act was declared unconstitutional. But he was a fine con- stitutional lawyer and was highly complimented by Judge Bradley for the almost uniform correctness of his decisions. It is said that on one occasion when Judge Bradley was presiding in the Circuit Court at Galveston he had prepared a decision, but before declaring it, read it to Judge Morrill, who dissented and gave his reasons. Judge Bradley was struck with their force, and upon advisement, yielded to Judge Morrill's views, and rendered his opinion accord- ingly.
At the close of the spring term of the Federal court at Galveston, in 1883, Judge Morrill, in consequence of a severe attack of neuralgia in his face and eyes, and other- wise failing health, determined to resign his position upon the bench, and communicated his intention to his friends ; upon which the following correspondence occurred between him and the leading members of the the Galveston bar: -
Hon. Amos Morrill, Judge of the U. S. District Court for Eastern District of Texas, Galveston -
DEAR SIR: Our attention having recently been called to the report that you are contemplating a withdrawal from the active duties of your position as judge of the United States District Court, we, the undersigned members of the Galveston bar and officers of the United States Circuit and
.
154
BENCH AND BAR OF TEXAS.
District Courts in and for the Eastern District of Texas, apprehending that there may be foundation for the rumor, hasten to make known to you our sincere regret that you should have in contemplation a step that will sever the agreeable official relations existing between yourself and us ; and to express the hope that you may, on reflection, find it not inconsistent with those considerations which are persuading you to a different course, to continue upon the bench in the official position which you now hold, and which you have, for more than ten years, filled with an earnest fidelity to the duties it imposes.
[Signed] Your obedient servants,
W. P. BALLINGER,
GEORGE W. DAVIS,
M. F. MOTT,
S. W. JONES,
J. W. TERRY,
GEORGE E. MANN,
JOSEPH FRANKLIN,
WALTER GRESHAM,
L. MUSSINIA,
P. C. BAKER,
JOSEPH H. WILLSON,
C. S. CLEVELAND,
M. E. KLEBURG,
WILLIAM SORLEY,
A. SAMPSON, W. HANSCOM,
JOHN W. HARRIS,
BRANCH T. MASTERSON,
SCOTT & LEVI, HENRY SAYLES,
H. R. MANN,
L. E. TREZEVANT,
R. V. DAVIDSON,
B. BOSCATT,
F. D. MINOR,
T. N. WAUL,
JOHN C. WALKER.
To which Judge Morrill returned the following reply : -
OFFICE OF U. S. DISTRICT JUDGE, GALVESTON, April 5th, 1883. Messrs. S. W. Jones, W. P. Ballinger, George E. Mann, M. F. Mott, and others, Members of the Galveston Bar:
Your communication stating that there is a report that I am seriously contemplating a withdrawal from the active duties of my position as judge of the Eastern District of Texas, has been handed to me by your committee, Messrs. Waul and Jones.
The laws of the United States seem to assume that where
-
155
AMOS MORRILL.
a man has arrived at the age of seventy years, his mental or physical powers, or both, diminish to such a degree that he is disqualified to hold a judicial office, and though there may be prominent exceptions to this assumption, yet as a general rule it is believed to be well founded. And where there is a safe way and a doubtful one, prudence would require the safe way to be taken.
After due consideration, I am inclined to believe that my failing health requires that I should soon resign the position which for the past eleven years has afforded me the greatest pleasure in my official intercourse with the bar at Galveston. Thanking you kindly for your complimentary letter,
I remain sincerely yours,
AMOS. MORRILL.
He soon after this sent up his resignation, and repaired . to California with the hope of being benefited by the mild and uniform climate of the Pacific Slope, but on his return was detained some time at Denver by an attack of severe illness. In October, while sojourning temporarily at Knoxville, Tennessee, he was informed that his resigna- tion had not been accepted at Washington, and that there would be no November term of the District Court at Gal- veston unless held by him. He returned there and held the term, which closed his judicial career.
On the adjournment of the court, he retired with somewhat improved health to Austin, where he spent the winter, but with the return of spring began a steady decline, and though possessing his habitual cheerfulness, it was evident to his friends that the number of his days were few. He died on the 5th of March, 1884, in the seventy- fourth year of his age.
Judge Morrill bore throughout his long career the repu- tation of a man of strong convictions and stern uprightness of purpose. His name is prominently associated with the history of Texas from the time of its annexation to the Union to the day of his death. He grew with its growth, and ripened with its development, and as an old line Whig and strong Unionist, he was bold and outspoken in his
156
BENCH AND BAR OF TEXAS.
opposition to its secession from the Union. He was familiar with its laws and procedure from their origin throughout all the phases of their expansion, and as a lawyer, was one of the most successful practitioners that the bar of Texas has ever produced. He had studied law both as a science and an art. He had studied its application as well as its doc- trine, and knew how to make the best use of his knowledge. His mind was active and vigorous, and readily grasped every suggestion of reason. He delighted to delve in the rugged fields of the profession, and explore the musty alcoves of its garnered wisdom, and he had gathered ample resources of precedent and parity from every feature of legal history.
As chief justice of the Supreme Court of Texas, his decisions and influence greatly aided in moulding its juris- prudence into harmony with the political changes and new attitude which the civil war produced and established between the States and the Federal government. He occupied this position during a period when many novel questions arose pertaining to the innovations claimed to have been effected by the Constitutional amendments and reconstruction acts ; and, while he was at all times a staunch supporter of Federal supremacy and the views of his party, his judicial deportment was that of a just and upright judge and a patriot.
But it was as a judge of the Federal court that he won his brightest laurels. It was here that his fearlessness of character, his uncompromising regard for truth and justice, and his extensive knowledge of law, were most strikingly exemplified. Having an important seaport in his district, many important cases involving intricate and varied ques- tions of commercial law and admiralty were brought before him during his long course upon the Federal bench ; but the firmness, impartiality, ability and love of justice, which characterized his decisions, caused them to receive always the homage of acquiescence and satisfaction.
Subsidiary to his knowledge and love of justice, he cherished a devotion to the duties of his office and a lofty pride in performing them in the most eminent manner.
1
157
AMOS MORRILL.
Hence, his decisions were rarely reversed, and elicited from Mr. Justice Bradley the compliment that if all the Federal judges were like him there would be no need of his making the circuit to hear appeals.
That Mr. Justice Woods had also a high opinion of Judge Morrill, both as a man and as a judge, is warmly mani- fested in a letter of condolence addressed to Mrs. Morrill upon the death of her husband. He says : " My long asso- ciation with him as his colleague in the public service, gave me an opportunity to learn his sterling qualities. I have always found him to be the soul of honor, the friend of justice, and the defender of the right. He had large ad- ministrative ability, was capable and courageous, and feared no man. As a friend, I know he was faithful, sin- cere and true."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.