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Robert Toombs. Pleasant A. Stovall
Читать онлайн.Название Robert Toombs
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isbn 4064066210472
Автор произведения Pleasant A. Stovall
Жанр Языкознание
Издательство Bookwire
One of the most celebrated causes Mr. Toombs was engaged in before the war was a railroad case heard in Marietta, Ga., in September, 1858. Howell Cobb and Robert Toombs were employed on one side, while Messrs. Pettigru and Memminger, of Charleston, giants of the Carolina bar, were ranged in opposition. The ordeal was a very trying one. The case occupied seven days. Mr. Toombs, always an early riser, generally commenced his preparation in this case at half-past five in the morning. The hearing of the facts continued in the courthouse until seven in the evening, and the nights were passed in consultation with counsel. Attendants upon this celebrated trial declared that Toombs's manner in the courtroom was indifferent. That, while other lawyers were busy taking notes, he seemed to sit a listless spectator, rolling his head from side to side, oblivious to evidence or proceeding. And yet, when his time came to conclude the argument, he arose with his kingly way, and so thorough was his mastery of the case, with its infinite detail, its broad principles, and intricate technicalities, that his argument was inspiring and profound. His memory seemed to have indelibly pictured the entire record of the seven days, and to have grouped in his mind the main argument of counsel. It was a wonderful display of retentiveness, acumen, learning, and power. On one occasion, while a member of the United States Senate, he came to Georgia to attend a session of the Supreme Court in Milledgeville. He writes his wife: "I have had a hard, close week's work. The lawyers very kindly gave way and allowed my cases to come on this week, which brought them very close together, and as I was but ill prepared for them, not having given them any attention last winter, and but little this spring, I have been pretty much speaking all day and studying all night." In March, 1856, Mr. Toombs wrote to his wife, whom he had left in Washington City, that the spring term of Wilkes court would be the most laborious and disagreeable he ever attended. Says he: "For the first time in my life, I have business in court of my own—that is, where I am a party. The Bank of the State of Georgia has given me a year's work on my own account. If I live I will make the last named party repent of it."
At another time he wrote: "I had fine weather for Elbert, and a delightful trip. Everything went well in Elbert with my business." It usually did. There was no county in which he was more of an autocrat than in Elbert. He never failed to carry the county in politics, even when Elbert had a candidate of her own for Congress. His legal advice was eagerly sought, and he was more consulted than any other man in Georgia about public and private affairs. The reason of his phenomenal success as counsel was that, united with his learning and forensic power, he had a genius for detail. He was a natural financier. He used to tell President Davis, during the early days of the Confederacy, that four-fifths of war was business, and that he must "organize" victory.
During the sessions of Elbert court his arguments swept the jury, his word was law outside. His talk was inspiring to the people. His rare and racy conversation drew crowds to his room every night, and to an occasional client, who would drop in upon his symposium to confer with him, he would say, with a move of his head, "Don't worry about that now. I know more about your business than you do, as I will show you at the proper time." His fees at Elbert were larger than at any other court except his own home in Wilkes. It was during the adjournment of court for dinner that he would be called out by his constituents to make one of his matchless political speeches. He never failed to move the crowds to cheers of delight.
On one occasion he was at Roanoke, his plantation in Stewart County, Ga. He writes his wife: "I was sent for night before last to appear in Lumpkin to prosecute a case of murder: but as it appeared that the act was committed on account of a wrong to the slayer's marital rights, I declined to appear against him." Mr. Toombs was the embodiment of virtue, and the strictest defender of the sanctity of marriage on the part of man as well as woman. His whole life was a sermon of purity and devotion.
Judge William M. Reese, who practiced law with Mr. Toombs, and was his partner from 1840 to 1843, gives this picture of Toombs at the bar: "A noble presence, a delivery which captivated his hearers by its intense earnestness: a thorough knowledge of his cases, a lightning-like perception of the weak and strong points of controversy; a power of expressing in original and striking language his strong convictions; a capacity and willingness to perform intellectual labor; a passion for the contest of the courthouse; a perfect fidelity and integrity in all business intrusted to him, with charming conversational powers—all contributed to an immense success in his profession. Such gifts, with a knowledge of business and the best uses of money, were soon rendered valuable in accumulating wealth."
Although Mr. Toombs often appeared in courts to attend to business already in his charge, he gave out that he would not engage in any new causes which might interfere with his Congressional duties. The absorbing nature of public business from 1850 to 1867 withdrew him from the bar, and the records of the Supreme Court of Georgia have only about twenty-five cases argued by him in that time. Some of these were of commanding importance, and the opinions of the Justices handed down in that time bear impress of the conclusiveness of his reasoning and the power of his effort before that tribunal. Judge E. H. Pottle, who presided over the courts of the Northern Circuit during the later years of Toombs's practice, recalls a celebrated land case when Robert Toombs was associated against Francis H. Cone—himself a legal giant. Toombs's associate expected to make the argument, but Cone put up such a powerful speech that it was decided that Toombs must answer him. Toombs protested, declaring that he had been reading a newspaper, and not expecting to speak, had not followed Judge Cone. However, he laid down his paper and listened to Cone's conclusion, then got up and made an overmastering forensic effort which captured Court and crowd.
The last appearance Toombs ever made in a criminal case was in the Eberhart case in Oglethorpe County, Ga., in 1877. He was then sixty-seven years of age, and not only was his speech fine, but his management of his case was superb. He had not worked on that side of the court for many years, but the presiding Judge, who watched him closely, declared that he never made a mistake or missed a point.
It was during a preliminary hearing of this case that Toombs resorted to one of his brilliant and audacious motions, characteristic of him. The State wanted to divide the case and try the principals separately. Father and son were charged with murder. The defense objected, but was overruled by the Court. General Toombs then sprung the point that Judge Pottle was not qualified to preside, on the ground of a rumor that he had selected the men of the jury panel instead of drawing them. Toombs further argued that the Court was not competent to decide the question of fact. Judge Pottle vacated the bench and the clerk of court called Hon. Samuel H. Hardeman to preside. Toombs and Benjamin H. Hill, his assistant, contended that the clerk had no right to appoint a judge. Judge Hardeman sustained the point and promptly came down, when Judge Pottle resumed the bench and continued the case—just the result that Toombs wanted. This case attracted immense comment, and in the Constitution of 1877 a provision was made, growing out of this incident, providing for the appointment of judges pro hac vice.
He was a bitter enemy to anything that smacked of monopoly, and during the anti-railroad agitation of 1879–80, he said: "If I was forty-five years old I would whip this fight." Still, he was an exceedingly just man. Linton Stephens, noted for his probity and honor, said he would rather trust Robert Toombs to decide a case in which he was interested than any man he ever saw.
During the last five years of General Toombs's life he was seldom seen in the courtroom. He was sometimes employed in important causes, but his eyesight failed him, and his strength was visibly impaired. His addresses were rather disconnected. His old habit of covering his points in great leaps, leaving the intervening spaces unexplained, rendered it difficult to follow him. His mind still acted with power, and he seemed to presume that his hearers were as well up on his subject as he was. His manner was sometimes overbearing to the members of the bar, but no man was more open to reason or more sobered by reflection, and he was absolutely without malice. He was always recognized as an upright man, and he maintained, in spite of his infirmities, the respect and confidence of the bench and bar and of the people.
Chief Justice Jackson said: "In the practice of law this lightning-like rapidity of thought distinguished Toombs. He saw through the case at a glance, and grasped the controlling point. Yielding minor hillocks, he seized and held