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 The Legal Graham Family.

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cially into that of Congressman Sickles, be must be avenged in an appeal and by a re versal, or by impugning the jury box or the cause he was his intimate friend. John Bench. When in banco David succeeded Graham was a man of strong prejudices, best by his logic and apt application of which it was always difficult for him ever to lay aside, but at times he was also of a principles, and appropriate selection of pre curiously tender nature. His reverence for cedents, which he would marshal in con spicuous array. John's logic was not as his parents, as well as his love for his bro ther, was made known unreservedly to all severe; and he was prone to select, and al most exclusively dwell upon, one strongest with whom he came in contact; and even point. If I may be pardoned the figure, the his enemies, whom he made by the score, menu of John's brief led his hors d'ceuvres recognized the tender side of his nature. and entrees as fitting approaches to his He was so hot tempered that it became a saying in the profession : " If you would piece de resistance, over which, like a gour mand over his Vermont saddle of mutton, beat John Graham, get him angry during he always lingered. Neither of the brothers trial, for then he loses judgment." Once or twice during the Sickles trial he lost his Graham could ever be accused of diffusive ness. They were masters of conciseness good temper, which was well checked, how and concentration. Their briefs, whether ever, by Edwin M. Stanton, his associate for nisi prius or in banco, might in project counsel, who never got angry — not even of MSS. be prolix, but for the direct use the when afterwards Secretary of War some These frenzy true essence was extracted. These briefs Union general blundered. were models for fellow professionals. There cases rest only in the keeping of nisi was always especially one of a most com prius accounts, but the requests to charge pact form containing suggestive heads and and the judicial directions remain in publi verbal cues for use — as being, as it were, a cation as valuable guides to the profession ready reference-index to the comprehen in similar cases. In later life, John Graham sively penned argument. David, in his became morbid. There were indications of briefs, depended mostly upon elementary such tendency when he was young. These principles and deductions from them; but grew out of a quarrel he had with James John was more of a case lawyer in prepar Gordon Bennett, Senior, as editor of the ing a brief. Treatises were in the memory New York " Herald," during a candidacy of one, but reports most in that of the other. of John Graham for the office of District Each was gifted with serviceable possession Attorney, for which he had strong ambition. of memories. Probably the most surprising Stung by an editorial attack, he was foolish legal victories which John Graham ever enough to way-lay the editor and chastise achieved were in the acquittals of Sickles him. The latter took revenge by directing and one McFarland, under the plea of that the lawyer's name should never appear frenzy, in homicide by an injured husband, in the newspaper; and ever afterwards, producing temporary insanity. In each when the exigencies of news demanded case the moving incidents to the frenzy were notice of his cases, he figured only under somewhat remote from the deed, and, at the phrase, " Counsel for plaintiff or for de least superficially elements of revenge came fendant." John Graham was sensitive to an to the aid of the prosecution. The people absurd extreme at all times, and fancied un were, in both cases, represented by able due criticism when that did not exist. He jurists, which made Mr. Graham's victory was avidious always of notice, and this ex the greater. Mr. Graham threw all his clusion of notice of his professional doings faculties into those defences; more espe from the most influential newspaper of that