Great Fortunes, and How They Were Made

by James Dabney McCabe

He grew rapidly in popularity, and in the esteem and confidence of his fellow-citizens, and was intrusted with numerous cases of a class which had rarely until then been seen in the hands of a young lawyer. His practice soon extended into the Supreme Court of the State, which at that time met quarterly, at New York, Albany, Utica, and Rochester. The practice of this court was entirely in the hands of men of high standing in their profession,—the great lawyers of the State,—and it was no slight honor to our young lawyer to hold a place, and a proud place, too, among them.

He won additional honors in the famous India-rubber suits, which have been mentioned elsewhere in this volume, acting as one of the counsel of Charles Goodyear, and being associated with Daniel Webster. Brady applied himself with intense energy to master the case, and when the trial came off at Trenton, in the United States Circuit Court, before Justices Grier and Dickerson, he opened the case in a speech which lasted two days, and which Daniel Webster said in the beginning of his remarks had so exhausted it as to leave him nothing to say.

Turning to Mr. Brady, Mr. Webster said, "You have cut a highway through this case, and if it is won, it will be because of the manner in which you have brought it before the court." The suit was won by Goodyear.

"In connection with the India-rubber cases is a fact which testifies to his character. A salary of twenty-live thousand dollars a year for life was offered to be settled on him by the rubber company, if he would advise a certain course; but not deeming it right, he rejected the offer. When in France, in 1851, the rubber cases coming in controversy there, Mr. Brady substantially gave in French, to Etienne Blanc, the French advocate, the materials for his brief."

Mr. Brady practiced law for thirty-four years, and during the major part of that time there was scarcely a case of great importance, in either the civil or criminal courts, in which he did not figure. He was compelled to refuse case after case from lack of time to give to it; and yet he frequently found time to respond to the appeals of the courts to defend men indicted for capital offenses who were unable to procure counsel. In some of these cases he had scarcely any chance of preparation, but he always managed to secure the acquittal of his client, in spite of this drawback. The spirit of kindliness which had so endeared him to his boyhood's friends pervaded every action of his maturer life, and he never displayed more energy, more unceasing vigilance, more irresistible eloquence, than when pleading the cause of some poor wretch who could only reward him with his thanks.

His readiness in mastering a case was remarkable, and was greatly assisted by his profound knowledge of the law. As a rule, in the ordinary run of cases, it was merely necessary for him to comprehend the particular case under consideration, since he was already familiar with the law bearing upon it.

This readiness is admirably illustrated in the following reminiscence related of him by the Hon. Luther R. Marsh. Mr. Marsh was engaged in a case of great importance, in which he desired Mr. Brady's assistance in the trial. Marsh had thoroughly and patiently studied the case, but Brady was totally ignorant of it. Nevertheless, he told Mr. Marsh he would do his best, and that he (Marsh) must open the case as fully and exhaustively as he could, without reference to him. Mr. Marsh did so, and says that when he sat down he thought he had exhausted the case, and was wondering what Brady could find to say in addition to it. To his astonishment and delight, Brady rose, and in his argument presented seven new and telling points.

In the examination of a witness, he could be severe and decisive when he had occasion to suspect that the person was trying to evade the truth; but in general his manner was kind and considerate, and he succeeded in eliciting evidence by his forbearance which others could not have extorted by bullying. Upon one occasion, he was convinced that a witness was about to relate a "made-up" story, and he at once fixed upon the man a look so piercing that the fellow was overwhelmed with confusion and could not go on with his evidence. Brady promptly changed his tactics, sent for a glass of water for the witness, and soothed him so effectually that the heart of the man was won, and, abandoning his false tale, he made a simple statement of the truth.

The independence of character exhibited by Mr. Brady has already been adverted to. Having once traced out the line of duty, nothing could make him swerve from it, and he was as bold in the defense of the rights of his clients as of his own. Mr. Edwards Clarke, from whose excellent memoir is gleaned much of the information upon which this sketch is based, relates the following incidents in illustration of this quality of the man:

"The trial of Baker for the murder of Poole furnished a notable instance of Mr. Brady's intrepidity in behalf of a client. It was at the height of the 'Know-Nothing' excitement, and Poole, after receiving the fatal bullet, having exclaimed, 'I die an American,' succeeded in causing himself to be regarded as a martyr to the cause. Lingering for days with—as the post-mortem proved—a bullet deeply imbedded in his heart, the interest and excitement became intense; and on the day of his funeral twenty thousand men walked in solemn procession behind the coffin of the martyred 'rough.' 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.