Page:Legal Bibliography, Numbers 1 to 12, 1881 to 1890.djvu/77

SOULE'S LEGAL BIBLIOGRAPHY. 5 RUFUS CHOATE. This picture of Choate is from a photograph by Black, of Boston, (For price, etc., see " Office Em- bellishment," in another column.) To vivify it, read Prof. Brown's portrait of the great advocate : "Mr. Choate was more than six feet in height ; his frame robust, strong, and erect ; his walk rapid, yet easy and graceful, and with a force, too, that seemed to bear onward m t only himself but all about him; lii-^ head was covered with a profusi'iii of black curling hair, to the last with but a slight sprinkle of gray; Ins eye was dark, large, and when quKi, with an introverted, meditative or an expression dreamy and rap;, as of one who saw afar off what ' n could not see. When aroused <■ interested, his eye gleamed and w j very powerful. A woman who h,i«i some reputation as a fortune-tell' i once Came to consult him. She h.id not proceeded far in her story betore she suddenly broke off, with the ex- clamation : 'Take them eyes off nn. Mr. Choate, take them witch eyes nit of me, or I can't go on ! ' His smilu was fascinating, and his whole man- ner marked with peculiar and inimi- table grace. He treated every man as though he were a gentleman, and he treated every gentleman almost as he would a lady. His whole appear- ance was distinguished ; and though he always, with instinctive modesty, avoided notice, he never failed to attract it, even among sfrangers." Among the passages in Prof. Brown's very interesting Memoir are the following : — "Mr. Choate, whose appearance and manner were unique, whose elo- quence then was as exuberant, fervid, and rich as it ever became ; who, however modest for himself, was bold almost to rashness for his client ; who startled court and jury by his vehemence, and confounded the commonplace and routine lawyer by the novelty and brilliancy of his tactics ; who, free from vulgar tricks, was yet full of surprises ; and though perpetually delighting by the novelty and beauty of his argument, was yet with- out conceit or vanity, — could not at once be imderstood and appreciated. . . . For several years it was rather the fashion to laugh at his excessive vehemence of gesture, and playful exaggerations ; but when it was found that the flowers and myrtle concealed a blade of perfect temper, and as keen as any that the dryest logician would forge, that the fervent gesticulator never for one moment lost command of himself or his subject, nor failed to hold the thought and interest of the jury till, convinced, delighted, entranced, they were eager to find a verdict for his client, — doubt gave place to confidence, and disparagement to admiration." " I heard him make two arguments, and could not but notice the vigorous life with which he moved. There was the same intellectual face, the same eye,— black, wide open, looking straight at the jury, and at individuals of them as he addressed now one and then another ; the same unrivalled felicity of speech, the same tremendous vehemence ; the same manner of straightening and draw- ing himself up at an interruption; the same playfulness and good humor; the occasional dropping of his voice to a confidential whisper ; tlie confident exact- ness of statement, — the absolute command of every circumstance, — the in- stantaneous apprehension, — the lightning rapidity of thought, — the subtle, but clear and impregnable logic." "Mr. Choate's eloquence was of an extraordinary nature, which one who never heard him could hardly understand. It was complex, like his mind, —at once broad and subtle, easily understood but impossible to describe ; compact with all the elements of beauty and of power ; a spell composed of all things rich and strange, to fascinate, persuade, and convince. It was not by accident that he reached such success as an advocate, but through profound study and severe train- ing. Not to speak of that which lies at the basis of all permanent success, — a thunder, the circle ot upturned whit all made it a scene not easily to be forgotten.' thnrough knowledge of the law as a I lice as well as in its forms, — he remarkable for sound judgment ilie preparation and management a cause. He knew instinctively . !i,it to affirm and what to yield. He M,e the point of attack or defence with consummate skill ; and if he did . i succeed it was because success «.is not possible. His mind moved like a flash ; and an unguarded point, a flaw in an argument, an unwise theory of procedure, a charge some- what too strong or a little beside the real purpose, were seized upon with almost absolute certainty, and turned with damaging effect against his op- ponent." As space lacks, one more quo- tation must here suffice : — " One of Mr. Choate's speeches while in the House gf Representa- tives was made under unusual cir- cumstances. There were but few- members present when he rose ; but as he continued to speak, one after another came from the lobbies to the door, stood a moment to listen, were caught and drawn to their seats by the irresistible charm of his melliflu- ous utterance, till gradually the hall became full, and for convenience of hearing, all gathered in a circle about the speaker. He had a nervous dread of thunder, and was never quite at ease in a severe storm. Before he ad half finished his speech a dark thunder-cloud rolled up and suddenly burst over the Capitol. Mr. Choate was standing directly under the cen- tral skylight, his face pale with a blackish paleness, and his whole frame tremulous with unusual excite- ment. The hearers caught his emo- tion and listened intently as he went on. At the same time the increasing darkness, the rushing wind and rain, the lurid light through the distant , of the lightning, the rattling peals of aces, gazing earnestly at the speaker, — GOOD BOOKS FOR LAW STUDENTS. Among the best manuals a student can use are, — - Ewell's Essentials of the Law.— Vol. I. is a "Pocket Blackstone," con- taining, in very compact shape, everything in Blackstone's Commentaries not actually obsolete. Leatherette, $2.50 ; sheep, $3.00. Vol. II. is a terse but thorough statement of the principles of Contracts, Pleadings, and Equity. Leatherette, $2.00; sheep, $2. 50. Both volumes together, leatherette, $4.00; sheep, $5.00. Indermaiir's Leading Common Law Cases. — All the cases in " Smith's Leading Cases " are here abstracted, with references to American cases, and with broad margins for manuscript notes. Recently adopted as a text- book in Michigan University. Cloth, gi.50. 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