too wise to browbeat; arguing to the court unexpected questions of law with full and available legal learning; carrying in his mind the case, and the known or surmised plan of attack of his antagonist, and shaping his own case to meet it; holding an exquisitely sensitive physical and mental organization in such perfect control as never to be irritated or disturbed; throwing his whole force on a given point, and rising to a joyousness of power in meeting the great obstacles to his success; and finally, with little or no respite for preparation, weaving visibly, as it were, before the mental eye, from all these elicited materials, his closing argument, which, as we have said, was all the more effective, because profound reasoning and exquisite tact and influence were involved in it as a work of art. He had the temperament of the great actors,--that of the elder Kean and the elder Booth, not of Kemble and Macready,--and, like them, had the power of almost instantly passing into the nature and thought and emotion of another, and of not only absolutely realizing them, but of realizing them all the more completely because he had at the same time perfect self-direction and self-control. The absurd question is often asked, whether an actor is ever the character he represents throughout a whole play. He could be so, only if insane. But every great actor and orator must be capable of instantaneous abandonment to his part, and of as instantaneous withdrawal from it,--like the elder Booth, joking one minute at a side-scene and in the next having the big tears of a realized Lear running down his cheeks. An eminent critic says,--"Genius always lights its own fire,"--and this constant double process of mind,--one of self-direction and self-control, the other of absolute abandonment and identification,--each the more complete for the other,--the dramatic poet, the impassioned orator, and the great interpretative actor, all know, whenever the whole mind and nature are in their highest action. Mr. Choate, therefore, from pure force of mental constitution, threw himself into the life and position of the parties and witnesses in a jury-case, and they necessarily became _dramatis personae_, and moved in an atmosphere of his own creation. His narrative was the simplest and most artistic exhibition of his case thus seen and presented from the point of their lives and natures, and not from the dry facts and points of his case; and his argument was all the more perfect, because not exhibited in skeleton nakedness, but incorporated and intertwined with the interior and essential life of persons and events. It was in this way that he effected the acquittal of Tirrell, whom any matter-of-fact lawyer, however able, would have argued straight to the gallows; and yet we have the highest judicial authority for saying that in that case he did his simple technical duty, without interposing his own opinions or convictions. We shall say a word,