Bart Ridgeley: A Story of Northern OhioRiddle, A. G. (Albert Gallatin)
General
Bart Ridgeley: A Story of Northern Ohio
Riddle, A. G. (Albert Gallatin)
Ohio -- Fiction
The case was not one framed or arranged with any vulgar reference to
a forensic display. Cases never will get themselves up for any
such occasion; and if the lawyer waits for such a case, he will die
unknown. Cases spring out of dry, hard contentions, with nothing
but vulgar surroundings; and it is to these, that the real advocate
applies himself, breathes upon them the breath of genius and creative
power, and clothes them with life, and interest, and beauty, endows
them with his own soul and imagination, and lifts them from the
level of the common to the height of the remarkable, the unusual, and
sometimes of the wonderful; and endeavors to establish between them,
and a jury and himself, the bonds of intense sympathy, upon which
their emotions and sensibilities will come and go, as did the angels
on the dream-ladder of the patriarch.
In the advocate's hour of strength and glory, the formulas of the
law burst their mouldy cerements and leap forth into life, tender
and beautiful to protect, or awful to warn or punish. Mysteries are
unfolded, secrets reveal themselves, hidden things are proclaimed, and
courts and juries, awed and abashed, yet elevated and inspired, accept
and act upon his conclusions as infallible. For one hour he touches
the pinnacle of human achievement.
After all, the effectiveness of the advocate is not so much in what
he says, as in the way he says it. One man with real strength arises
outside, and batters and bangs with real power, deals forcible blows,
and yet does not carry his point; while another, with less intellect,
gets up within the charmed circle of the sympathies, by the warm,
human side of a jury, whom they don't think of resisting, and could
not if they tried.
The speaker usually rises a little outside of the subject, on a sort
of neutral ground, and Bart made the transit of this, naturally and
simply. He graphically explained to the jury those legal phantoms,
John Doe and Richard Roe; how Richard was always maltreating and
dispossessing John, and how John was always going to law with Dick,
and was hence an immense favorite with lawyers; and how, when Dick is
sued, he always, having got up a muss, notifies the actual party in
possession, and who ought to have been sued; tells him he must look
out for himself, and hurries off to find where John has squat himself
into other property; and thereupon he thrusts him out again, and so
on. It was a fiction invented by the English lawyers to try the right
of two parties to the possession of real estate; because they could
do it in no other way, and the 4th of July had not freed us from this
relic of antiquity. The issue here was, whether Fisk had a better
right to the possession of this land, than had Cole; and whatever did
not in some way help to enlighten them on that issue, had no business
to be said at all.
Public-domain text, read in full here on John Shaqi.
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