Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
delivered a speech which has never been surpassed in the forensic
displays of the State. Analysis, denunciation, wit, ridicule,
pathos, invective were in turn poured forth with such telling
effect that not only was the defendant triumphantly acquitted, but
it would have been dangerous for the plaintiff had the question
of his life or death been in the hands of the jury. The audience
alternately convulsed with laughter, bathed in tears, or burning
with indignation, were enraptured with his eloquence, and could not
be restrained from demonstrations of applause.
Mr. Murphy delighted in the equity practice of his profession, and
was accustomed to speak of this branch of our jurisprudence as
the application of the rules of moral philosophy to the practical
affairs of men. More of the pleadings in equity causes within the
sphere and time of his practice will be found in his handwriting
than in that of any other solicitor, and, with two or three
exceptions, among those named above, he was by far the most adept
as an equity pleader. He wrote with facility and accuracy, even
amid the crowd of courts and confusion of clients, and his neat and
peculiar chirography, to those a little accustomed to it, was as
legible as print.
In the year 1818 he was elected by the General Assembly a judge of
the Superior Courts, and rode the circuits in that capacity for
two years, when he resigned and returned to the practice of his
profession. Under a clause in the criminal law establishing the
present Supreme Court system, passed that session, which authorized
the Governor by special commission to detail a judge of the Superior
Court to sit in stead of a judge of the Supreme Court, in causes
where any one of their number had been of counsel or had an interest
in the result, he was commissioned by the Governor for this service,
and presided in the Supreme Court in several causes, in place of
Judge Henderson, who had been recently elected from the bar. This
provision of the law, being afterwards thought to be in conflict
with that clause of the Constitution which requires the judges
of the Supreme Court to be elected by the General Assembly, was
repealed. In his office as a judge he well sustained his reputation
for learning and ability, which had been so well established at the
bar, and attracted the admiration of the profession and the people
by the courtesy, patience, dignity and justice which characterized
his administration of the laws. Before taking leave of his career
as a lawyer it is proper to mention his tribute to his profession
in three volumes of reports of the Supreme Court of the State,
embracing the decisions of cases of interest from 1804 to 1819.
Public-domain text, read in full here on John Shaqi.
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