and immediately employed George – to conduct the further defence. This gentleman, surpassed by no man in Kentucky as a logician, lawyer, and orator, was inferior to the discarded attorney in that great requisite of a jury-lawyer, personal popularity, besides laboring under the disadvantage of being new to the case, and having but a short time to make himself acquainted with its details. Personal pique and professional punctilio, of course, withheld his predecessor from affording any further assistance or advice in a business from which he had been so summarily dismissed. We cannot now measure accurately the effect of this change of counsel; we only know, that, at the time, it was considered most disastrous by those having the best opportunities of judging.
But if Mr. – went into the cause under this disadvantage, he was spurred on by the consideration that in his client he was defending a friend: for they had been friends in youth, and, though long separated, the tie had never been interrupted. Hence he threw himself into the case with an ardor which money could never have inspired, and in the course of the few remaining days had succeeded in mastering all its essential points.
The interest excited by this second trial was as deep and far more widely spread than by the first. Few proceedings of the kind in Kentucky ever called together a crowd at once so large and intelligent, a great proportion being lawyers, who had been induced to attend by the desire to witness what it was expected would be one of the most brilliant efforts of an eminent member of their fraternity.
The principal difference between the two trials was, that, on this occasion, the testimony of the sister-in-law was much damaged by the exposure both of her exaggerations and suppressions of important facts touching the incident at the breakfast-table. Having incautiously allowed herself to be drawn into particularizing so minutely as to fix the exact date, and so positively as to render retraction impossible, she was, to her own evident discomfiture, flatly contradicted by more than one of those present on that occasion, who described the scene as it actually occurred. Of course, after such a revelation of untruthfulness, her whole testimony became liable to suspicion, the more violent that the falsehood was plainly intentional. Moreover, the defendant was now provided with evidence of the constant and intolerable provocations to which he had been subjected during the whole of his married life. Of this, however, the most moderate and guarded use was to be made; because, while it was necessary, by exposing the true character and habitual violence of his wife, to relieve the prisoner of that load of public indignation which had been excited against him on account of his alleged brutality, it was even more important that no strong resentment should be supposed to have grown up on his part against his tormentor. This delicate task was managed by the attorney with such consummate skill, that, when the evidence on both sides was closed, public sympathy, if not public conviction, had undergone a very perceptible change. The prosecutors, aware of this, felt the success of their case endangered, and exerted themselves to the utmost to prevent the tide, now almost in equilibrium, from ebbing back with a violence proportionate to that of its flow. But the argument even of their ablest champion, John –, seemed almost puerile, in comparison with this, the last effort of George –,—an effort which was long remembered, even less on account of its melancholy termination than for its extraordinary eloquence. The Kentuckians of that day were accustomed to hear Breckenridge, Clay, Talbot, Allen, and Grundy, all men of singular oratorical fame,—but never, we have heard it affirmed, was a more moving appeal poured into the ears of a Kentucky jury. Availing himself of every resource of professional skill, he now demonstrated, to the full satisfaction of many, the utter inadequacy of the circumstantial evidence upon which so much stress had been laid to justify a conviction,—sifting and weighing carefully every fact and detail, and trying the conclusions that had been drawn therefrom by the most rigorous and searching logic,—and then, assailing the credibility of the testimony brought forward to prove the habitual cruelty of his client, he gave utterance to a withering torrent of invective and sarcasm, in which the character of the main hostile witness shrivelled and blackened like paper in a flame. Then—having been eight hours on his feet—he began to avail himself of that last dangerous resource which genius only may use,—the final arrow in the lawyer's quiver, which is so hard to handle rightly, and, failing, may prove worse than useless, but, sped by a strong hand and true aim, often tells decisively on a hesitating jury,—we mean a direct appeal to their feelings. Like a skilful leader who gathers all his exhausted squadrons when he sees the crisis of battle approaching, the great advocate seemed now to summon every overtaxed power of body and spirit to his aid, as he felt that the moment was come when he must wring an acquittal from the hearts of his hearers. Nor did either soul or intellect fail at the call. Higher and stronger surged the tide of passionate eloquence, until every one felt that the icy barrier was beginning to yield,—for tears were already seen on more than one of the faces now leaning breathlessly forward from the jury-box to listen,—when all at once a dead silence fell throughout the hall: the voice whose organ-tones had been filling its remotest nook suddenly died away in a strange gurgle. Several physicians present immediately divined what had happened; nor were the multitude near kept long in doubt; for all saw, at the next moment, a crimson stream welling forth from those lips just now so eloquent,—checking their eloquence, alas, forever! It was quickly reported through the assembly that the speaker had ruptured one of the larger blood-vessels in the lungs. The accident was too dangerous for delay, and George – was borne almost insensible from the scene of his struggles and his triumphs, to reënter, as it proved, no more. He lived but three days longer,—long enough, however, to learn that he had sacrificed his life in vain, the jury having, after a lengthened consideration, affirmed the former verdict against his friend and client.
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