he world. But you may depend upon it he will make
that jury misunderstand it just as he does." And he did.

Charles Allen, who never spared any antagonist, used to be
merciless in dealing with Washburn. He once had a case with
him which attracted a great deal of public attention. There
had been a good many trials and the cost had mounted up to
a large sum. It was a suit by a farmer who had lost a flock
of sheep by dogs, and who tried to hold another farmer responsible
as the owner of the dog which had killed them. One of the
witnesses had been out walking at night and heard the bark
of the dog in the field where the sheep were. He was asked
to testify if he could tell what dog it was from the manner
of his bark. The evidence was objected to, and Allen undertook
to support his right to put the question. He said we were
able to distinguish men from each other by describing their
manner and behavior, when the person describing might not
know the man by name. "For instance, may it please your Honor,
suppose a stranger who came into this court-house during this
trial were called to testify to what took place, and he should
say that he did not know anybody in the room by sight, but
there was a lawyer there who was constantly interrupting the
other side, talking a great deal of the time, but after all
didn't seem to have much to say. Who would doubt that he
meant my Brother Washburn?"

This gibe is only worth recording as showing the court-house
manners of those times. It is no true picture of the honest,
faithful and beloved Emory Washburn. He was public-spirited,
wise, kind-hearted, always ready to give his service without
hope of reward or return to any good cause, a pillar of the
town, a pillar of the church. He had sometimes a certain
confusion of statement and of thought, but it was only apparent
in his oral discourse. He wrote two admirable law-books,
one on easements, and one on real property. Little & Brown
said his book on easements had the largest sale of any law-
book ever published in this country up to its time. He was
a popular and useful Professor in the Harvard Law School.
He gave a great deal of study to the history of Massachusetts,
and was the author of some valuable essays on historical questions,
and some excellent discourses on historical occasions. He
left no duty undone. Edward Hale used to say: "If you want
anything done well, go to the busiest man in Worcester to
do it--Emory