' In such a state of public feeling, Baker
was put on trial for his life. At the opening of the charge by the
judge, aroused by its tenor, Mr. Brady seized a pen and commenced
writing rapidly, indignation showing itself in his set lips and frowning
brow. The moment the judge ceased he was on his feet, and began: 'You
have charged the jury thus and thus. I protest against your so stating
it.' The judge said he would listen to the objections after the jury had
retired. 'No!' exclaimed the indignant orator, 'I choose that the jury
should hear those objections;' and, defying interference, he poured
forth impetuously forty-five separate and formal objections, couching
them all emphatically in words of personal protest to the judge. The
force of the judge's charge on that jury was pretty effectually broken.
The indignation of the advocate at this time was real, not simulated;
and he, at least, of the New York bar dared to defy and to denounce
injustice, even when clad in ermine.
"Another instance of his intrepidity before a judge was in the Busteed
case. The judge had threatened to convict him for contempt. Busteed had
apologized, and Brady also, with his matchless grace and courtesy, had
tendered Busteed's apology; but the judge still said that he should
send him to prison.
Pages:
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651