us sense of relief.
During some parts of his speech, which occupied an hour and a half,
men at times leaned from all parts of the room towards him, open-eyed
and open-mouthed. At others they swayed gently to and fro, like tree
tops in a breeze; and when he sat down, the oldest at the bar--the
President on the bench--felt that it was among the best speeches they
had ever heard, if not the best. The youthfulness of the orator of
course enhanced its effect. It had some faults of redundancy, both of
words and imagery, but its tone and manner were admirable. At times
his delivery was very rapid and vehement, but his voice, always rich
and full, never broke, or seemed strained; while in the moments
of excitement, every nerve and fibre of his form quivered with the
intensity of his emotion. His form was lithe and elastic, and admitted
of easy, rapid and forcible action, which was never more than was
allowable to one of his passionate temperament.
When he closed, almost everybody supposed the case was ended. Wade
arose with a radiant face, and said the defense rested the argument on
that which had just been delivered.
Kelly was taken by surprise again, both by the quality and force of
Bart's speech, and the submission of the case. The first carried him
off his feet, and he hoped to recover during the delivery of another
on the same side. He was a good chancery and real estate lawyer, but
he was not the man to reply to Barton's argument. He followed him,
however--that is, he spoke after him, and on the other side, for a
half hour, and submitted the case.
The Court gave the case to the jury on the law, as the defense claimed
it. Indeed there was no dispute about the law. He explained fully and
clearly the case, which arose on the defense; and saying, in a very
graceful and gracious way, that the merits of the case had been
presented with a force and beauty rarely equalled, and which might
tend to aid the jury in coming to their conclusion, he submitted it to
them, and took a recess for dinner.
At the recess, the lawyers crowded about Bart to congratulate him for
his defense, among whom Kelly was the foremost. Judge Markham came
up, and with moisture in his eyes, took him by both hands and drew him
away to Judge Humphrey, who complimented him in the highest terms, and
insisted upon his dining with him, which invitation Bart accepted. The
Judge was as much taken with his modest, quiet, gentlemanly manners,
and quick, hap
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