The Bay State Monthly, Volume 3, No. 6 by Various
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page 8 of 376 (02%)
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lucidity and cogency of his addresses, than the confidence and trust
with which his reputation for fairness and truthfulness, and his evident abhorrence of exaggeration, have inspired his hearers. Another explanation is, that he has avoided that rock on which so many advocates wreck their cases,--prolixity. Knowing that, as Sir James Scarlett once said, when a lawyer exceeds a certain length of time, he is always doing mischief to his client,--that, if he drives into the heads of the jury unimportant matter, he drives out matter more important that he had previously lodged there,--Mr. Paine has taken care to press home the leading points of his case, giving slight attention to the others. That Mr. Paine has been animated in the pursuit of his profession by higher motives than those which fire the zeal of the mere "hired master of tongue-fence," is shown by the comparative smallness of his fees, especially in cases exacting great labor. Great as has been his success in winning verdicts, and sound as have been his opinions, it is doubtful whether there is another lawyer living of equal eminence, whose charges for legal service have been so uniformly moderate. Reference has been made to Mr. Paine's wit. Several striking examples might be cited; but two must suffice. Some years ago, when he was County Attorney, a man who had been indicted in Kennebec County for arson, was tried, and acquitted by the jury on the ground that he was an _idiot_. After the trial, the Judge before whom the case had been tried, sought to reconcile Mr. Paine to the verdict by some explanatory remarks. "Oh, I'm quite satisfied, your Honor," said Mr. Paine, "with the defendant's acquittal. He has been tried by a jury of his _peers_"--On another occasion, Mr. Paine was making a legal argument before an eminent judge, when he was interrupted by the latter, who said: "Mr. Paine, you know that that is not law." "I know it, your Honor," replied the advocate, |
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