James T. Brady
James T. Brady is the only
lawyer of the New York bar who
has positive genius. O'Conor,
Evarts, and others have the
highest order of talent, but
they stop just short of genius.
High as Mr. Brady stands in the
profession as an advocate, a
counselor, and a lawyer of the
largest and widest capacity in
every department, he illustrates
eminently the fact that heavenly
genius must be wedded to
earth-born industry to insure
perfect and complete success in
any walk in life. Not that Mr.
Brady is without great legal
attainments. On the contrary few
men surpass him even in this
direction. But his lack of
steady application is well
known, and its effects often
injuriously felt by himself, at
least, though not perhaps
perceived by others. Had he the
industry, the close and constant
study of Mr. O'Conor, for
example, he would be a very
Titan.
His versatility
of talent is most remarkable.
Whether arguing an abstruse and
intricate question of law to a
court or indulging in the
pleasing flights of fancy, or
thrilling bursts of eloquence to
a jury, he is equally at home,
equally ready, facile, forcible,
convincing. He is a most equally
ready, facile, forcible, and
convincing. He is a most
felicitous speaker at the bar,
in the forum, on the platform as
a lecturer, on the stump in a
political canvass, at a public
dinner, literary festival, or
private entertainment, and at a
social gathering. In private
life he is a man "of infinite
jest, of most excellent fancy."
He has an ardent temperament, a
highly poetic nature, and the
most exquisite imagination. With
all his genius he is as simple,
unostentatious, as a child, and
his affability to the younger
members of the profession is
worthy of imitation. He is
always ready to grapple with the
most difficult case, and never
loses his self-command or
self-possession, either at the
bar or elsewhere. No draft can
be made on him for services of
any kind which is not readily
honored at sight. He is by far
the finest rhetorician at the
bar, with a wealth of diction, a
gorgeousness of imagery, a
felicity of classic allusion,
and a richness of ornate, apt,
and refined illustration, that
are without parallel. He tries
many very desperate cases, so
desperate in fact that no other
lawyer will touch them, and
often wins them by his fertility
of resource, and the assiduous
devotion to the interests of his
clients. Mr. Brady may be
properly styled the most genial
member of the bar ; always
courteous, polite, polished,
considerate, especially to his
inferiors, he is the Chevalier
Bayard of the profession always
sans peur et sans reproche.
David Dudley Field
David Dudley Field will always
have a niche in the temple of
legal fame, as the author of the
New York Code of Procedure, and
is eminently worthy of honorable
mention as a lawyer of sterling
common sense and untiring
energy, who holds his position
by the sheer force of an
unbending will. The excellent
suggestions of that quaint
writer on the crudities and
absurdities of the law, good old
Jeremy Bentham, were first put
into legal practice by Mr. Field
when he made the New York Code,
which mowed down, as with a
McCormick's reaper, the rank and
luxuriant harvest of technical
fictions and incongruous
absurdities that for centuries
had overgrown and covered up the
simple rules of reason and
justice that it is the object of
all laws to sub-serve and
enforce. Mr. Field, for this,
will be remembered, when the
ablest lawyers of his time will
be forgotten in the dust of
ages; albeit, some of them even
now affect to regard his system
of common sense practice as a
bold innovation, which lays an
iconoclastic hand upon the idol
of their false prejudice and
traditional legal education. Mr.
Field, in his code never forgets
that the law addresses itself to
the sense of plain men, and he
proceeds by no indirection to
his point. That is a striking
anecdote related of the Russian
Emperor, who directed his
engineers to lay out a railroad
between St. Petersburg and
Moscow. 'When the plans were
submitted to the Czar's
inspection, he asked the meaning
of the crooked angles and lines
that marked the devious route. "
To accommodate the intervening
towns and villages," was the
reply. The Emperor drew his pen
.across the map turned it upon
its face, and marked upon the
back dots representing the two
cities. He then made straight
line between the points, and
said, " Build now that road."
The illustration is apt for
other matters than the survey of
railroads, and especially does
it apply to Mr. Field's code. He
treats the whole subject of the
law in a common-sense manner,
utterly ignoring those endless
involutions, redundancies of
expression, and the profuseness
of verbiage, that usually bury
the sense in such a fog of words
that if a fog-bell were rung in
the middle of one of these legal
sentences it could not be heard
at either end of the paragraph.
Mr. Field is emphatically an
earnest man ; and, like all such
men, who spend no time in
trifles, has neither courted nor
found popularity. His manner is
cold, almost forbidding, very
like that of an English
barrister; and yet the few who
break through this outer crust,
which exerts a repelling
influence upon, the many, find
him pleasant and companionable
in private life. He has never
succeeded in obtaining public
station, although eminently
fitted for it by great executive
ability. Were he personally more
popular among his associates,
and professional and political
confreres, he would long ago
have held high rank in public
affairs.
Mr. Field has a fine presence, a
tall, commanding figure, a
thoroughly English manner, and a
clear voice, with unusual
distinctness of enunciation. He
has not the fervor of the
impassioned orator, but his
arguments are always clear,
occasionally eloquent, and
generally convincing. He pays
the closest attention to the
interests of his clients, and
always prepares his cases with
industrious zeal. He does not
allow his attention, during the
progress of a trial, to flag or
waver for an instant, but is
always watchful and devoted to
the matter before him. Like all
successful lawyers, he is a
great worker, and pays the
inevitable price of sleepless
nights and laborious days,
illustrating the poet's lines,
"He who would climb Fame's dizzy
steep
Must watch and toil while others
sleep."
Take him for all in all, he is a
man whose place at the bar will
not readily be filled when he
shall have passed away.