s at the bar: "A
noble presence, a delivery which captivated his hearers by its intense
earnestness: a thorough knowledge of his cases, a lightning-like
perception of the weak and strong points of controversy; a power of
expressing in original and striking language his strong convictions; a
capacity and willingness to perform intellectual labor; a passion for
the contest of the courthouse; a perfect fidelity and integrity in all
business intrusted to him, with charming conversational powers--all
contributed to an immense success in his profession. Such gifts, with a
knowledge of business and the best uses of money, were soon rendered
valuable in accumulating wealth."
Although Mr. Toombs often appeared in courts to attend to business
already in his charge, he gave out that he would not engage in any new
causes which might interfere with his Congressional duties. The
absorbing nature of public business from 1850 to 1867 withdrew him from
the bar, and the records of the Supreme Court of Georgia have only about
twenty-five cases argued by him in that time. Some of these were of
commanding importance, and the opinions of the Justices handed down in
that time bear impress of the conclusiveness of his reasoning and the
power of his effort before that tribunal. Judge E. H. Pottle, who
presided over the courts of the Northern Circuit during the later years
of Toombs's practice, recalls a celebrated land case when Robert Toombs
was associated against Francis H. Cone--himself a legal giant. Toombs's
associate expected to make the argument, but Cone put up such a powerful
speech that it was decided that Toombs must answer him. Toombs
protested, declaring that he had been reading a newspaper, and not
expecting to speak, had not followed Judge Cone. However, he laid down
his paper and listened to Cone's conclusion, then got up and made an
overmastering forensic effort which captured Court and crowd.
The last appearance Toombs ever made in a criminal case was in the
Eberhart case in Oglethorpe County, Ga., in 1877. He was then
sixty-seven years of age, and not only was his speech fine, but his
management of his case was superb. He had not worked on that side of the
court for many years, but the presiding Judge, who watched him closely,
declared that he never made a mistake or missed a point.
It was during a preliminary hearing of this case that Toombs resorted to
one of his brilliant and audacious motions, characteristic of him.
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