Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
At the next session of congress the railroad company obtained the
passage of a law constituting the bridge a part of the mail route of
the United States, and the court subsequently dismissed the plaintiff's
case. Thus we were successful in gaining our case by knowing when it
was best to do nothing. The use of the bridge was invaluable to our
clients, and the railroad company sent me a draft for two hundred
dollars as compensation for the short speech I had made advising Judge
Grant in the court that we had no instructions to do anything in the
case, and the responsibility of our failure to do anything, if
injurious to our client, would rest with General Howe, attorney in
chief of the road.
Whilst upon this question of management I will give you an account of
another case of some importance that resulted in our complete success
because we did something that we did not learn out of any of our law
books.
A certain young woman in the last stages of consumption had been turned
out of the house of her near relatives, and compelled to take up her
quarters in a second-class hotel in Des Moines during her last
sickness. She had made a will in which she willed to the Catholic
priest of the city, Father Brazil, a valuable tract of land for the use
and benefit of the Catholic church. After her death her relatives, who
had neglected her shamefully during her sickness, brought suit to
contest the validity of this will upon the ground of undue influence on
the part of Father Brazil, and mental incapacity on the part of the
deceased. Judge Kavanaugh, a young bachelor then about thirty years of
age and a member of the Catholic church, and since then judge of the
court in Chicago, Illinois, had been employed by Father Brazil to
defend the suit, and he subsequently came to me and retained me to
assist him in the trial of the cause. During the sickness of the
deceased she had employed a professional nurse, a young woman about
thirty years of age. We were informed before the trial came on that the
relatives who were contesting the will had been very courteous and kind
and generous toward this young nurse woman, and during the holidays had
made her valuable presents in consideration of her kindness to the
deceased. At the opening of the term I noticed this young woman came
into court, receiving the courtesies and attention of Judge Cole, who
was counsel for the relatives that were contesting the will. She was
rather a handsome woman, evidently intelligent and quick-witted, rather
fond of admiration, and as she was to be the star witness for the other
side of the case, I at once made up my mind that the whole case must
turn upon her testimony. As the deceased had been frequently under the
influence of opiates, administered by the physician for the purpose of
relieving her suffering from time to time, it would be a very easy
matter for a young woman gifted as this one was with facility of
speech, to make the most of the incoherent utterances of the patient
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