Page images
PDF
EPUB

pregnable logic of this part of his defense. This was a marvel of statement. He would make an excellent English minister to unravel and explain a budget. Then the pure Saxon-very few dictionary wordsand wit enough to relieve what was necessarily a somber argument without weakening the solemnity of his appeal; and just that amount of pathos, rising naturally and almost inevitably from the facts, as would melt a jury without making them feel that their feelings were being used to warp their judg ment. It was masterly. Of course it would not be called a great case; but in quality, McSweeney's argument takes rank with some of the great historic jury efforts."-Wendell Phillips.

[ocr errors]

A Wide Reader and Hospitable Entertainer.

His reading outside of law took in a wide range -news, poetry, history, travel, science and the arts; theology, biography, the classics, and the Bible; and his conversation was delightful, instructive, entertaining and sparkling. At his home, of which he was fond, he was exceedingly hospitable, and was especially proud of his family. Shams and pretense he detested.

A Lying Witness.

In commenting on the testimony of a lying witness, McSweeney simply said: "God made him for a man, so let him pass."

Parody in Star Route Trial.

In the argument in 1883 of the Star Route case in defense of Stephen W. Dorsey, in which he was engaged with Robert G. Ingersoll, parodying on Poe's Raven, in describing the interview between Walsh and Brady, McSweeney said:

"Not the least obeisance made he, not a
Moment stopped or staid he,

Not even a parting damn to Brady,
But stalked out the office door;

Only this, and nothing more!"

Physique and Voice.

He was a man of magnificent physique, six feet two inches in height, athletic form, expressive eyes and face, and a resonant and powerful voice, the modulation and control of which, in some respects, was the secret of his power.

A Rape Case.

In defending a couple of young men for rape it was in evidence that their victim, an old German woman of fifty-seven, hallooed in the roadside where overtaken, "Bach"-the name of a neighbor, whose light was seen by the young desperadoes some thirty yards away. McSweeney used this circumstance with dramatic effect on the jury. Said he: "It is in evidence that this old grandmother there by the wayside hallooed 'Bach! Bach!! Bach!!!" [with a

sound that re-echoed through the corridors of the old court-house]. "Oh, give me that magic word, Bach, and I'll dispel the spirits. Banquo in Macbeth is nowhere!"

Eccentric and Wealthy.

He was eccentric in his dress, regardless of the fashion, usually without a vest in summer, carrying a palm-leaf fan, and frequently wearing his straw hat far into winter. He reaped as the reward of his professional labors the largest wealth possessed by any man in his county-Wayne county, Ohio.

A Great Reader and Had Wonderful Memory.

He gormandized books, and could with a single reading of a book, or once listening to a lecture, almost reproduce it. He could quote whole chapters from the Bible, and would frequently reproduce the tragic scenes from Shakespeare to a jury with telling effect.

The Responsibility of a Juryman.

His presentation to a juryman of the responsibility of his position was something terrible. Approaching the most self-willed of the twelve, so that his finger would almost touch his nose, the great, towering orator would place one foot upon the rung of his chair, with, "I want you to find this man guilty beyond any reasonable doubt, and his honor will tell you what that is never mind what the other eleven

men think. It's what you think! No compromise here with your conscience! If you have any reasonable doubt, and still bring in a verdict of guilty, and by that act of yours launch this poor soul to an ignominious eternity, think of the awful.responsibility! You want to bring in a verdict so that when you go home and enter your secret closet to offer up prayer, you can be at peace with yourself and your Maker! If you don't do that, you are a whited sepulcher! But if you find him guilty as charged in the indictment, beyond all reasonable doubt, incarcerate him in the penitentiary, or deprive him of his existence. Never mind the consequences, for you are a tribual of justice. You are not a tribunal of mercy. His honor will attend to that. Never mind his wife and seven poor children; you have nothing to do with them. Do as your conscience dictates and I shall be content."

Senator Brice on His Oratory.

"I have listened to Depew, Hoadly, Ingersoll, Choate and all the other charming speakers; but no one of them has ever so delighted me as did McSweeney in every instant of one of his great speeches."

His Style of Oratory.

"He was a master of style, free from mannerism. His language was the purest Saxon. He understood

the pitch and quality of tone in every shade of thought and emotion. If he desired to be sad or plaintive, the modulation was minor or semi-tonic; if inclined to irony, his voice waved upward and downward; if inclined to expression of awe or sublimity, it had a level movement from note to note, like the repeated sounds of a deep-toned bell. Sober in pathos, furious in repartee, jolly in humor, terrific in invective."-The Collector.

« PreviousContinue »