"Mr. Clerk," said the judge, with scarcely suppressed indignation, "enter up a fine of twenty-five dollars against Mr. Marshall for contempt of court, and the further order that he be imprisoned in the common jail of the county until the fine and costs are paid."
The death-like stillness that fell upon the assemblage was at length broken by Mr. Marshall arising and gravely addressing the Court.
"If Your Honor please, I am engaged in the trial of an important case, one where human life may depend upon my efforts. I have just been fined twenty-five dollars and ordered to be imprisoned until the fine is paid. Upon a careful examination of my pockets, I find that I have not that amount nor any other amount about my person. I am more than one hundred miles from home and among strangers. In looking over this audience, I find but one familiar face, that of Your Honor. I am therefore constrained to request Your Honor, as an old and cherished friend, to lend me the amount necessary to discharge this fine."
Instantly the judge exclaimed: "Remit that fine, Mr. Clerk; the State is more able to lose it than I am."
A CASE "ON ALL-FOURS"
Near two-thirds of a century ago, one of the best-known lawyers in Illinois was Justin Butterfield. He was one of the most eloquent of the gifted Whig leaders of the State when the list included such names as Lincoln, Stuart, Hardin, Browning, Baker, and Linder. He was the earnest champion of General Zachary Taylor for the Presidency in 1848, and his party devotion was rewarded by appointment to the commissionership of the General Land Office. The only appointment for which Mr. Lincoln was ever an applicant was that given to Butterfield soon after the inauguration of President Taylor.
Of few lawyers have brighter things ever been told than of Justin Butterfield. During the fierce anti-Mormon excitement— which resulted in the destruction of the Nauvoo Temple and the expulsion of the Mormons from the State—the "Prophet," Joseph Smith, was placed upon trial for an alleged felony. The Hon. Nathaniel Pope was the presiding judge, and Butterfield counsel for Smith. A large audience, including many elegantly dressed ladies, was in attendance.
When he arose to address the Court, Butterfield with great dignity began:
"I am profoundly impressed with the solemnity of the situation and the awful responsibility resting upon me. I stand in the presence of his Holiness the Pope, surrounded by angels, to speak in defence of the Lord's anointed Prophet!"
While in active practice, Butterfield was upon one occasion opposing counsel to the Hon. David A. Smith in the Supreme Court of the State. The latter had concluded his argument and with head resting upon the table in front, had fallen asleep while Butterfield was speaking. A gleam of sunlight which had found its way through the window opposite, had fallen upon the very bald head of Smith, causing it to shine with unwonted brilliancy. Suddenly pausing and with arm extended toward his sleeping antagonist, Butterfield solemnly observed: