The Legal Graham Family, they looked upon judge, juror, or witness, it was impossible to gainsay their truthfulness or charm of expression. " Graham's eyes are in their gaze as strong as affidavits," was a remark I once heard from Judge Aaron Vanderpoel the elder. Intensity and enthu siasm were the characteristics of all members of the Graham family; and these were ob vious even in their ordinary inter course, or conversa tion. Thirty years ago the swaying of juries, especially in criminal cases, was a great art in New York; and as in Bal timore in the era ot William Wirt, or in that of David Paul Brown in the city of brotherly love, or in Boston when Webster or Choate or Dana swayed jur ies. But whether juries in my city have become more commonplace or more practical or cynical, it is certain that court house or atory does not now count there as it DAVID did when David Graham, Jr., fairly compelled verdicts. But it may be added that then judges did not, as they often do now in my city, usurp jury functions and arbitrarily set aside verdicts as being disputative or excessive. When David Graham emptied his legal quiver, he how ever aimed some of his shafts at the Bench — legally feathered — as well as at jurors. Lawyers, especially junior ones, should al ways, if they can, capture the judge as well as the jury box. Graham's non-suits were generally as numerous and multifarious as
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his verdicts. Early in his career, at enod "man about town," named Ezra White, was charged with, and indicted for, murder. The attending circumstances were sensational, and newspapers and gossips made the affair widespread. " David Graham, Jr., has often shown black as white, and now he is en gaged to prove that White is not black," was the paragraph of a witty reporter in announcing that the young lawyer had been retained. Without its being necessary to recap itulate the incidents of the trial, I am led to remark that dur ing it, and the sub sequent procedures. Mr. Graham's keen ness, readiness, and careful sifting of in clusive legal propo sitions, brought on him the jealousy of many seniors, but the envy of juniors and the applause of the populace. From this case he dated his great rise, as much as the future Lord Erskine dated GRAHAM. his own advance ment from that hour when the sudden illness of his senior called him to fight alone the case of a sailor who had cause of action against Lord Sandwich, Lord of Admiralty. Erskine, it will be remem bered, strongly arraigned that cabinet min ister, and was called to order by the Lord Chief Justice, who, however, only mildly re marked, " Lord Sandwich is not before the Court." "Then," thundered the young barris ter, " I shall bring him before the Court," and continued his eloquent arraignment of
