Page:The Green Bag (1889–1914), Volume 11.pdf/626

 William Campbell Preston. and the people generally, was that which is accorded to those only who take high rank in their profession. I venture to say that the great majority of the people of this State would, if asked to single out some of our great criminal lawyers in the past, put Mr. Preston among the first. And yet he was absent from the State a good part of the time, attending to his political duties, and did not have a fair chance with other lawyers who were devoting their entire time to their profession. On the civil side of the court, I hardly think he would be put in the same category. I am frank to admit that he did well. He was employed in some important cases on this side of the court also, and he managed them with ability; but, if we are to judge from our law reports, and they, after all, are the safest thing to go by, then quite a num ber of other lawyers must stand ahead of him. I do not think, however, that Mr. Pres ton has been credited with the success which he really did achieve on the civil side of the court. Our people are too quick to conclude that because a man is well versed in litera ture — that because he is a scholar, he cannot be a practical success in life, and cer tainly, therefore, cannot succeed in so emi nently practical a profession as the law. They seem to forget, or never to have known, that some of the grandest jurists the world has ever known, — some of the ablest of the judges and lawyers of England, have been among its ablest scholars. This foolish and unjust prejudice has existed for a long time and has become deep-rooted, but it ought to be completely extirpated. I am glad to see that there is some tendency even now to re move and counteract this silly notion, and I am particularly glad to note the fact that President McKinley is taking the lead in this matter, and is bestowing upon scholars some of the very best appointments within his gift. The course which has been pursued hereto fore has a tendency to put a premium upon ignorance.

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However, let us get back and see what Mr. Preston really did do in his profession. I do not suppose I could quote from any one more competent to express an opinon on this point than Judge O'Neall. He was one of the ablest, most learned, and fairest of all the judges that ever graced the bench in Carolina. Here is what he says : "For over forty years I have been in the Court of Appeal, as a lawyer or a judge. I have heard all the great advocates of South Carolina, and I am sure I have heard as fine legal arguments from Colonel Preston as from any other. His argument in Myers v. Myers, 2d McC. C. R., 219, will serve as a specimen which can be consulted. His argument for McLemore, 2d Hill, 680, is not reported, except by the citation of his authorities. They will show his research; but his speech was unrivalled, especially in argument and eloquence. His circuit speeches, especially in criminal cases, were unsurpassed. His defense of Fleming, for the murder of Barkley, sheriff of Fairfield, both in tact, ability, and eloquence, deserves all praise. He selected, contrary to all that was or is usual, the most intelligent men on the panel for his jury. It was a plain case of murder; yet, notwithstanding a capital argument by Solicitor Player, and the weight of my authority as the presiding judge, he obtainsa a verdict of manslaughter." I have read the argument of Mr. Preston in the first of the cases referred to by the learned judge, and I find that it displays strong logical power and shrewd legal acumen, and gives evidence of diligent study and painstaking research. Dr, Laborde says : "As a lawyer, I do not claim for him the profoundest learning; I know that he does not take rank among the great lawyers of Carolina. To reach such a position, one must consecrate his life to the service; and this he did not do. There are examples of men who united the characters of distinguished jurists and poli ticians, but they are rare. Among the most