m 1 14 A if flKVA It 1 fi 1 "VZ2.' AN INDEPENDENT FAMILY NEWSPAPER. ji-JET Vol. "V. IVoav lilooiiiilelcl, Tuesday, Novcmbor 7. 1871. TVo. -15. At New Bloomflold, Penii'a. FRANK MORTIMER. DBSCHH'TION TKIIMB. fl.)5 YJiAH! 7B Cents for 6 Months i 40 Cents for 3 Months, IN ADVANCE. THE VOLUNTEER COUNSEL. A True Story of the Albany Bar. ALL lawyers of much practice liavo more or lesg singular cases brought to their knowledge, and probably no attor ney ever had more such cases than Gcorgo P. Barker nt one timo a noted practitioner in the State of New York. Tho following in one of tho many cir cumstances which occurred in his profes sional life, which indeed renders truth stranger than fiction, and which exhibits the generosity of his naturo. In October, 1832, Mr. Uarkerwas detain ed at Albany for a few days awaiting tho arrival of certain persons with whom ho had important business. At this time a court of Oyer and Terminer was in session it that city, at which tho late James Van dcrpool presided. Tho next morning after the arrival of tho young lawyer, ho sought tho court room for tho purposo of whiling away tho time in observing tho proceedings of tho court. His route) led him by tho old Albany jail. The morning sun shono sadly on its dismal front and gleamed playfully through its iron-grated windows. Just before reaching tho front door of that grim rcoeptaclo of crime and misery, it opened, and two officers having a palo young man apparently about twenty-one years of ago, in charge, issued from it, and stepped upon tho walk directly before the lawyer. Tho officers with their prisoner, for such the young man was, moved in tho same direction he was going. Tho prison er was middling size, slender in form, with a pleasant and attractivo face. As ho reach ed the street, the beautiful sunlight, the pure, soft air of that Octolnsr morning, seemed to exhilerato him, and his dark eyes glanced with something like happi ness, as he lifted them to tho clear sky, " whore all things are free." The ' three persons walked with rapid pace toward tho court house, Mr. Barker following ; thoy had proceeded but a short distance, when they were met by a respectable, appcaring ly, decently clad woman, about forty years of age. The moment her eyes fell upon the prisoner, she sprang forward and clasp ed him in her arms, exclaiming : "O, George ! George I My son ! My Km 1" The sudden appearance of the wo man caused the officers to halt. " Mother, why did you not wait for mo nt the court house?" said the prisoner, en deavoring to conceal his emotions. " Because I did not see you there, my son, and I thought perhaps you might not have your trial here to-day, after all, and so I started to see you at the jail, for I could wait no longer 1 My only hope I My darling 1" said the poor woman, her voice broken with Sobs ; "are they going to try you now?"' : 'Yes, mother, I am to be tried to-day; but calm yourself, I trust all will be well with me, for God above us knows that I am cot guilty," said the young man. You guilty, George I You guilty I O, no, no, no t . You aie not guilty 1 You can not be guilty, you were always so good, so true so kind," said she, taking off his bat and pushing his hair front bis forehead. " There, there," she continued, "you look just as you wed to when ou your knees I taught yon your first little prayer, In our dear old ' " Come, come, woman, stand aside, and don't hinder us any longer ; the young man Is wanted up yonder," said one of the offi cers, pointing toward the court house. ' "O, sir," said the woman, turning to the speaker, "do see tliut he Is not Injured, for he is good O, so good, he is Innocent, I know he is." , "How do you know that, woman?" gruffly asked the officer, " may be you can swear for him." ' "Because becauso 1 am his mother, and and yes I can swear for hiin, because I taught him his prayers, to love tho Lord, nnd to bo truthful, and " " Yes, yes, wo know all about that sort of thing, but while you were about : such good things, why didn't you teach him not to break into people's stores and shops, when honest folks were asleep, eh ?" said one of the officers. " Come on, my co vey 1" ho continued, addressing himself to George, " twelve men will soon have some thing to say about your case, and tho judge will fix mutters to the satisfaction of the people, I guess, if ho don't to yours, so como on." Barker's progress was arrested by this pathotio Bccnc, and he became a silent and deeply interested witness of It. Touched by it, ho followed tho group to tho court house. Just beforo ascending tho stairs which led to tho court room, tho young man paused a moment, and turning to his mother, inquired of her if Mr. Aikin was to defend him. " He will not defend you, George, unless we pay him in ndvancc, but we have no money, and he " ' And ho refuses,' said tho young man in heart-broken accents, " O, God, havo mer cy on mo 1 What shall I do? No ono to save me from an unjust doom?" ho con tinued, losing all control of himself in his mental agony. "Como along; don't stop to blubber hero. Tho judge, he'll appoint some one to defend you. Come, come," said ono of tho con stables, seizing tho prisoner by tho collar, and urging him up tho stairs, followed by his weeping, trembling mother. Ho was soon seated in tho prisoner's box to await the proceedings of tho court. Barker followed tho officer and the pris oner into the court room, and seated him self within the bar. Ho had a better op portunity to observe tho young man, who, in a measure, had rcoovcied his composure. The pallor which had overspread his coun tenance, had given placo to a slight flush ; his clear eye, delicate and finely moulded features, bespoke intelligence, but not guilt. It was a face to bo studied, and it was closely studied by tho young lawyer "If that young man is guilty of any crime, then I am no jmlgo of tho human face,' ho thought. . Court hod not yet opened for tho day ; a fow lawyers were in tho bar; the officers in attendance were lounging carelessly on the benches; some of tho jurymen had found their way into their scats, and wcro con versing with one another in a low tone, oc casionally glancing at the prisoner's box; while the spectators present, regarded its Inmato as a being whoso trial was, perhaps, to afford them some amusement. Tho cir cumstances by which he was surrounded, the placo he occupied, the very badges of guilt which often surround an innocont person, caused them to regard him as a fel on who only waited a trial to be sent to a felon's doom. Presently a loud rap an nounced the approach of the judgo ; the usual proclamation was made, and the court was ready for business. " BhcrifT," said tho district attorney, "is George Ames in court ?" " Ho is," was tho reply. " I now move the trial of George Ames, indicted for burglary in the first degree," said the attorney for tho people. " lias the prisoner counsel ?" asked the judgo. " Have you counsel, Ames?" asked the district attorney, turning to the young man. " No, sir I expected Mr. Alkln to defend mo, but he refuses." " Why does he refuse ?'' asked the judgo. " Because because I have no money to pay him." " Then as you have no means to employ counsel, the court will see that you have somo one to defend you." Judge Vanderpool then asked a respecta bly appearing lawyer present if he would undertake the defense of Amos, but the attorney declined ; ho then applied to an other, who also declined ; finally thore was no lawyer present who was willing to ap pear as counsel for the accused. "Gentlemen," said the judgo, "I do not desirn to compel any one of you to defend this man. Ho must have counsel" Just at this moment, a small-sized, sharp featured, shrewd appearing lawyer entered the bar. ' ' J There was a kind of advordupoiso man ner about him J his eyes were black, round, piercing, and projecting, giving him the sly and cautious appearance of a rat. , His eyebrows appeared like a pair of nicely balanced scales ; he raised and lowered them as if weighing the amount of, money which a client happened to have with him, They seemed to say, "Ah, yes, he's got money his case is good, he must be taken care of," or "Oh, ho has only a Ah, lot me see," balancing his scale-like eyebrows, "Oh, yes, I see now, he's only a very lit tlo, a very little, the man amounts to just nothing at all, and he has a shocking bad case." Ho was well known to tho Albany bar forty years ago. He possessed somo ability as a lawyer; his chief characteris tics, however, were acquisitiveness, sharp ness, and a perfect familiarity with tho old system of special pleading, ' tho technicali ties of which ho used with tho Bubtility and craft of an experienced card player. Ho was well skilled in coiHrovcrsy, and possessed a copious, rapid, and vehement flow of language Tho badinago of his fellow members of the bar was often di rected ngainst him ; but his impudence and conceit rendered him invulnerable to such attacks. "Mr. K." said tho judgo, addressing this individual, " the court desires you to unilertako the defense of George Ames,tho prisoner nt the bar." " Ah, yeB; your honor can always com mand my poor services in that way, but I havo seen tho prisoner beforo, and I think in view of his circumstances his means that is his ability to pay ; I mean, tho na ture of his great offense, and I think him guilty that is, I think perhaps ho had bet ter plead guilty and havo done with it." A sob of dcop, heart-broken anguish, re sounded through tho court-room ; it was from tho mother who hoard in those words the knell of her son's doom. Barker, who had been entirely absorbed in tho see no could control himself no lon ger; ho arose and said to tho court : "If your honor please, I will un dertake tho defenso of that young man." Tho tone of his voice and tho quiet dignity of his manner attracted tho attention of all present. , "The court is unacquainted with you sir, and wo desiro that tho prisoner should bo ably defended," said tho judgo in a tone that clearly indicated his surprise "If your honors please, I said I would undertake his defense, and now I say more, ho shnll not bo convicted unless his guilt bo mado apparent. I at least will compel tho pcoplo to mako it apparent," said Bar ker. "Do you desire tho assistance of Mr. K. ?" asked the judge. " No; if your honor please, I will assume tho entire responsibility of tho defense." . The court signified its assent. Edward Livingstone was then district attorney of Albany county. Ho was learn ed nnd eminent in his profession, elo quent at the bar, a pleasing speak er in tho popular assembly, a politician of rare capacity, and a formidable prosecuting officer. fuch was the man with whom Mr. Barker, with a little over two years' experience at tho bar, was to contend. The court granted a postpor.emont of the trial until tho next morning, to enable the young lawyer to consult with the pris oner nnd prepare for tho trial. Language cannot describe the surprise, joy and grati tude of Ames and his mother, at this unex pected appearance of a defender. A short consultation with thorn convinced him that the young man was not guilty, although sur rounded by a train of circumstances which seemed to point with almost Indubitable certainty to him, as a young but hardened criminal. He was the only son of the poor woman present, and she was a widow. Their residence was at Port Ann, in the county of Washington. A few days before the commission of tho crime with which he was charged, the young man canio to Albany for the purpose of obtaining em ployment. Here he soon mude the acquain tance of a very friendly appearing man, who seemed to take much interest in him, and kindly offered to assist him In obtain ing employment.' One evening he was in vited by his friend to aoccompany hlin, and examine some personal property which was then in a certain building which he had rented in the city. Although it was quite late when this proposal was made, George assented. On their way they overtook two persons with whom his friend was acquaint ed. The latter invited these persons to accompany him ; they assented ; and in a few minutes George and his companions found themselves in the rear of a largo building. , His friend now informed him that he groatiy desired to enter that build ing, which was his store, but as he had forgotten the key, be must force an en trance, and produced a small iron bar, which he handed to Goorge, directing him to pry open the shutters to one of the windows with it, and forco his way into tho building, promising to reward him very lilcrally for his trouble. In a moment tho young man understood that he was in tho presence of burglars, and horror-stricken at the thought he attempted to rush from their presence ; but beforo ho had made three steps, ho received a heavy blow upon the head, which felled him insensible to the ground. When ho returned to consciousness, he was in tho policco office, with a bandago about his head. As soon as ho was able to be moved, he was conducted beforo a magis tral", and his examination took nlaco. From tho testimony he learned the building was broken open and entered, that ho was ono of tho persons charged with tho offense. All of the wretches succeeded in making their oscapc, excepting ono, who wns ar rested tho next morning. Turning "State's evidence," ho insisted that young Amos was tho principal in tho affair, alleging that ho entered tho store ; that while in it he stumbled over somo object and fell, his head striking the comer of a counter, wound ing him and rendering him insensiblo ; that when his accomplices mado thore exit from tho store, they removed their wounded com panion, intending to convey him to a place of secrecy until ho recovered ; but when thoy had proceeded a short distance, they were alarmed, nnd hastily fled, leaving him on tho ground, whore tho officers discovered him. Such was tho evidonco of tho alleged accomplice of Gcorgo before tho magistrate, nnd such was tho story which the latter related to his counsel. Soon after his In carceration ho wrote to his mother, the poor woman, overcome with grief, went to tho city and employed tho lawyer who has been referred to ; but becauso they had no funds to pay him ho abandoned tho defence. By a singular intervention of Providence, Gcorgo P. Barker becamo his defender. Tho story of tho young man carried convic tion with it, and moused all tho sympathy of the lawyer. Ascertaining tho namo of tho surgeon who dressed tho wound of Ames, ho immediately called upon him ; tho surgeon proved to bo a gentleman of intelligence and skill; ho distinctly recol lected tho circumstances of dressing the prisoner's wound and its naturo, ond did not hesitate to stato that it could not havo been inflicted by a fall ; but from its pecu liar position and shape, it must havo been tho result of a blow from a club or somo heavy instrument. ' The next morning tho trial commenced. Mr. Livingston conducted tho prosecution with his usual ability and skill ; he firmly believed the prisoner guilty, and therefore omitted nothing that tended to his convict ion. Entering upon tho trial without any introduction to tho young stranger,' who had himself sought the contest, he did not stop to consider or care whoor what ho was. Tho case, however, had not proceeded but a short time before he was aware that he had no common intellect to contend with and he began to conceive a high respect for his opponent. The cross-examination of tho convict witness was most searching and effectual. At first ho sustained himself with a balance and composuro which seemed to baffle his interrogator, but at length he stumbled, hositated, and became confused, and when he left tho witness box, it was evident that his testimony had been materially shaken. The cross-examination of the proprietor of the store which had bcon entered, elicted tho fact that no blood was found in it ; that tho corner of the counter against which the witness testified Ames had fallen did not exhibit the least appearance of any such occurrence. The officer who first discover ed the prisoner, on bis cross-examination, testified that a hu-go pool of blood had gath ered under the bead of the young man on the ground where he was found. At length the district attorney rested. Bnikcr, in a short, plain and concise state ment, presented the theory of tho defence to the jury. The only witness whom he called was the surgeon, whose evldonce cor responded with the statement he had pre viously mado, establishing the fact that the wound on tho head of Ames could not have been made by falling against the counter, that it must have bled copiously the moment it was received, that as no blood was found in the store it could not have been given there, that it was inflicted by a club or some instrument of that nature ; and he gave the reason on1 which his opinion was founded, j and they were cogent and convincing. With this evidence the young lawyer rested his case, and commenced his address to the jury. In bis whole subsequent pro fessional career, lie never mule a more suc cessful or a more brilliant effort. ' In the language of ono of tho papers of the day, "Mr. Barker's addross to the jury was a splendid and successful effort. He is a young lawyer belonging to the Buffalo bar, a graduate of Union College, and was for some time a student in the office of Alonso C. Paige, Esq. of Sconectady. Ho as admitted to tho bar, we believe, in tho class of October, 1830. Ho undortook tho defonco of Ames, prompted alone by tho sympathy which he felt for tho young man, whom lift believed to bo iunocont." Many of tho jurors were present when ho made his generous offer to defend the prisoner, nnd they were conscious he acted from sym pathy and generosity. Thoy therefore be lieved him sincere and honest in his efforts for his client. Those who knew Mr. Barker can well understand tho character and naturo of his address, and its effect upon tho jury. Mr. Livingstone's reply was all that could bo expected from a lawyer so distin guished ; but the defenso of his opponent took him by surprise; and ho saw that it had mado a deep impression upon tho ju rors. After a very ablo chargo from tho judgo they retired. After an absence of ono hour they returned into court with a verdict of not guilty. Tho great, tho riuh reward of Barker was tho almost frantic joy with which the verdict was received by the mother and boy. " Tho God of tho widow and tho orphan has sent you to us, sir, in our distress, and his blessing will descend upon you through nil your days. We havo no money to re ward you with, but my prayers, my bles sings shall follow yon. I have seen bettor' days, but now I can only thank you from my heart of hearts," said Mrs. Ames, as sho was taking leave of her son's defender. " Somo timo I shall reward you, Mr. Bar ker, for what you have done for mo. You havo given mo liberty, life, reputation, evory thing. It will bo the happiest day of my life when I can do something more than thank you, ' said young Ames, and t io glittering drops which stood in his eyes evinced tho depth of his gratitude ; and thus ho took his lcavo of his benefactor. . Years passed away, and this event was nearly forgotten by Barker, in tho vicissi tudes of his professional and political lifo. One morning, iu the winter of 1830, whilo representing tho county of Erie iu tho Leg islature of the State, a well dressed, gentle manly appearing young man called at his room in Albany. " Do you remembor me, Mr. Barker?" said he. "I do not." "My namo is Amos Georgo Amos, whom you once defended against a serious charge In this city." , , Another glance at his visitor convinced Mr. Barker that the prisoner whom he voU unteered to defend for burglary was beforo him, "I am delighted to see you, Ames," said ho extending his hand to him. "How is your mother ? I trust she is well and happy." "She is, sir, and has not forgotten your kindness and generosity me. Learning that you were in the city this winter, I have taken this opportunity to call upon you. I know you are engrossed with business, but I will not detain you long," said the young man.. In a few words he informed Barker that by the death of an undo his mother had inherited considerable property, that he himself through her assistance aud his own Industry had become a well todo farm er. As ho was about to take his leave, he said: "Hero Is a small package which my mother, my wife, and myself have mado up for you ; it U a slight token of our grat itude to you. Do not open it until I am gone. I trust it will convince- you that my words to you, spoken when you restored me to liberty, have not been forgotten by mo." , i He took his leave, and Barkor opened the package ; to his surprise he found that It contained bank notes to tho amount Of two hundred and fifty dollars. Ames and bis defender havo both passed beyond the trials of earth ; but a son of tho former still survives, who treasures the name of Georgo P. Barker with a sort of pootio rev erence. The trial which has been described, re sulted in a life-long friendship between Livingstone and Barker. In after years, circumstances frequently brought them to gether, often they met at the bar, but nev er again under circumstances so interesting as those which characterized their first mooting. ' ' I ' ' ' 135'" Why are books your best frionds ? Because you can shut them up without of fending them.
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