Page:Reminiscences of Sixty Years in Public Affairs (Volume One).djvu/77

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
GROTON IN 1835
41

paring answers, rejoinders, sur-rejoinders, rebutters, and sur-rebutters. Russell had acquired a large amount of special learning in the law, but he had not capacity to comprehend principles, nor could he see the application of old decisions to new cases. In argument he was weak and inconclusive, but he was confident in his own powers, and favored as he was at times by the accidents and hazards of the profession, he gained some victories. In the final trials at the county court he usually secured the services of senior counsel who could meet Farley, his usual antagonist, upon an equality of standing. Most frequently he secured the services of Sam Mann of Lowell, as he was called. The name of the town was affixed generally, as though the advocate had been so christened.

Mann was able, confident, and bold. He died young, after a brilliant career. In many cases Mann and Farley were associated. When this combination appeared, the opposing counsel were hard-pressed, usually. In those days a story was set afloat which, though false, gave voice to the popular notion. When the court was held at Cambridge, Farley and Mann boarded together at the Mansion House, Charlestown Square. It was said that when they were associated in a case, they were in the habit of examining and cross-examining the witnesses. On one of these occasions, as the story went, Mann conducted the examination, and Farley followed with the cross. Under his hand the witnesses went to pieces. After the witnesses left, Farley said, “We can never succeed if those are your witnesses.” Mann replied: “Oh, those are the witnesses for the other side. To-morrow evening I will show you my witnesses.” When the evening came, the same witnesses came also. They were again subject to examination and cross-examination, and proved impregnable under Farley’s hand. An invention, no doubt, and yet the story had a run.

Although Russell was not a competitor in any sense with