The Proceedings And Speeches At the Public Dinner Given to James W. Gerard Esq., By the Bar of New York, January 14, 1869, On His Retiring From Practice
The Proceedings And Speeches At the Public Dinner Given to James W. Gerard Esq., By the Bar of New York, January 14, 1869, On His Retiring From Practice
Ya Pamphlet Collection (Library of Congress) Dlc
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Some modern Judges are in the habit of rushing causes through, as the lawyers often think, to the prejudice of their causes. One very distinguished Judge of the Superior Comt (now no more) whose gi*eat perspicuity of mind saw at the beginning the veiy end of the cause ; was in the habit of saying that the cause was in a nut shell and con- fining the lawyers to a very narrow discussion. He had applied that expression to me veiy often, and I took the liberty of rising up one day with as much gi'a...vity as I could assume and saying, " True, your Honor, but I think that the Court is judicially, bound to take notice that nut shells ai'e of vaiious sizes from a hazel nut up to a cocoanut'' The Judge took my reply very kindly, and gave us our time to tiy the cause. Digitized by Google 25 How are lawyers to prepare causes ? By becoming masters of the facfSj not minding much the Law ; the Judges know the law and will take care of it^ and every lawyer understands its general principles ; the difficulty lies in applying the rules of law to a given state of facts* I never went into Court without taking a full reconnoissance of the camp of the enemy, and having committed to writing a sketch of the cross-ex^amination of every main witness expected to be produced on the other side.
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