Legal Reminiscences. surrender could not be refused. It will be observed, however, that the Secretary of State has a voice in the matter as well as
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the judiciary, and probably the law's ex tremity would prove to be the diplomatist's opportunity.
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LEGAL REMINISCENCES. By L. E. Chittenden. XIII. EUGENE FIELD, THE CHILDREN'S POET. — THE BROTHERS CHARLES K., AND ROSWELL M. FIELD.— THE ACTION OF TORREY V. FIELD FOR LIBEL.
HE loved children, and children loved him. So write of Eugene Field those who knew him best, and what man could ask to have said of him a more ex quisite thing? I only knew him through his verses. I love to read his verses, for they remind me of something written about another who loved the little ones. " And they brought young children to Him that He should touch them. And He took them up in His arms and put His hands upon them and blessed them." Thinking of Eugene Field sets the remi niscence machinery in motion. Eugene Field was a Vermonter, born somewhere in the West by accident or mistake. In my boyhood there were two brothers Field in the Green Mountain town of Newfane. One of them, Charles K. by name, became and continued while he lived to be one of my dearest friends. He was a very liberal man, for he always addressed me by my Christian, middle, and surname, with the addition of Esquire. He was the quaintest of mortals — a distinguished member of the Third House, the author of the " Act for the substitution of wooden-side judges for the perishable creatures of flesh and blood now (then) in use," and the able report in its favor. His brother, Roswell M. Field, fol lowed Mr. Greeley's advice, " went West" to St. Louis, invented the Dred Scott case, and became distinguished. This is how his son, Eugene, came to be born dehors his native State.
Before Roswell M. Field emigrated, he provided Vermont with her star action for libel. The trial was eight days long, and I fear that I cannot make the history of it much shorter. Field had married Mary Almira, daughter of Doctor Elisha Phelps, of Windsor. He commenced a suit in equity in the name of his wife and himself against Susanna Torrey, the executrix, who also claimed to be the widow of Dr. Phelps, to compel her to account for the estate and property. Bills in equity under the old practice were always prolix, and this one followed the precedents. It alleged that in 1787, Dr. Phelps was by the Reverend Cyprian Strong duly married to Miss Molly Bartlett, a young, interesting and amiable maiden of Haddam, Conn.; that after a few years Mrs. Molly was attacked by a virulent dis ease which impaired her eyesight, where upon the Doctor " went about to employ other female help meet for upholding his domestic establishment, and to that end en gaged one Hopy Tolbot of Pocatapaug Flats, to take up her residence with the said Elisha, to minister unto his wants and necessities, as a housekeeper and hand maiden, for her meat, drink, clothing, and comfortable lodging; that she performed her duties undisguisedly, to the great dis tress of the said Molly, who was " seized with clonic spasms, attended with lachry mose ophthalmy, and a sympathetic hysteria supervened, whereby she became totally
