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THE GREEN BAG

more profound causes before the higher courts. During his career Marshall was engaged as counsel for the defense in at least two cases which attracted national attention and interest. The first of these was in 1842 and was tried in New York City. The trial was that of the notorious forger Monroe Edwards who had led a life of crime until that time unparalleled in the history of the American courts. The prose cuting attorney at the time in New York City was the famous Ogden Hoffman, a lawyer of great genius and eloquence. Edwards realizing no doubt that his case was a most desperate one immediately procured the services of Marshall and John J. Crittenden. After a desperate and most brilliant struggle between counsel he was convicted, as he deserved to be, not even the skill and eloquence of Marshall and Crittenden being able to save such a wretchThere was in fact nothing in his life or character on which to base an appeal for sympathy, and the facts of the case were all against him, the proof being conclusive. Marshall was in Congress at the time of this trial and by his able fight against Clay's bank bill had incurred the enmity of James Watson Webb, editor of the New York Courier and Enquirer. In conse quence of the ill-feeling aroused at Wash ington, Webb attacked Marshall's conduct of the case in an extremely bitter and scurrilous editorial which angered the Kentuckian to such a degree that he intimated at the close of his address to the jury that he was open to a challenge from the editor. Not receiving this, he himself issued one. It was accepted, and after some delay, occacasioned by the vigilance of the authorities who suspected what was brewing, they met on New Jersey soil. At the first fire Webb fell, shot in the knee. When told where his shot had taken effect Marshall exclaimed, "What, did I hit him in the knee? It is the d dest, lowest act of my life," and then insisted on another fire saying that no

man had ever wronged him so foully as had Webb. This was denied by order of the physician accompanying them who said that Webb would be at a great disad vantage. The other great case in which he took a leading part was the trial of Matt Ward, a gifted young Kentucky author, for the murder of Mr. Butler, a highly respected and beloved teacher of Louisville. It seems that Ward and two of his brothers called on Butler at his school and became engaged in an angry altercation with him. Blows were threatened, and Ward shot Butler who lingered a day or so and died. The facts in the case were not favorable to Ward, and public feeling against him was running high. The prosecution of the case was conducted by able lawyers, chief among whom was the celebrated R. B. Carpenter, an intemperate and dissolute man, but one of the ablest prosecutors that Kentucky ever produced. Among those for the defense, besides Marshall, were John J. Crittenden and Nat Wolfe. Dispatches were sent daily to the New York Herald, etc., describing the progress of the trial, and later the entire proceedings were published in pamphlet form. Such a brilliantly conducted trial has seldom been witnessed in this country. Wit, humor, argument, eloquence, courtesy and learning were shown by all. Carpenter spoke eight hours in a speech of wonderful power and eloquence. Wolfe's effort was his masterpiece. Crittenden delivered the greatest speech of his career. The speech of Marshall is above all praise. Following on the heels of Carpenter's great effort it swept the audience before him like leaves of the forest. Referring to the inherent right of self-defense (the plea made for Ward) and the uselessness of life without it he exclaimed "Had I no other right than that of existence I would raise my own wild hand and throw back my life in the face of heaven as a gift unworthy of pos session." He reproached Carpenter for the bitter tone of his speech and mingled in