Kentucky Lawyer

Sho’ ’nuf bad weather

109 Kentucky Lawyer but now, after more than four decades, old Ring is still collared. Sho’ ’nuf bad weather One of the best storytellers I have ever known is U.S. District Judge Leslie Darr of the Eastern District of Tennessee , Chattanooga Division. Before going on the federal bench, Judge Darr was a state circuit judge and relates many instances that occurred while serving in that office. On an occasion of severe winter weather, the court was engaged in the trial of a lawsuit in which a leading doctor in the rural town where court was sitting was a main witness. The inclement weather had produced widespread sickness and because of an almost overwhelming schedule of calls on his patients, the doctor requested the court to permit him to remain in his office until time for him to testify. His office was just across the street from the courthouse and as he was in easy access, the request was granted as an accommodation, not only to the doctor but to the community. When it came time for the doctor’s testimony, court took a short recess while the sheriff went to the doctor’s office to summon him. The etreme cold weather had penetrated the courtroom and while waiting for the witness, the judge, litigants and jurors huddled around the large pot-bellied cast iron stove which was the only source of heat in the building. In a few minutes the sheriff returned and announced to the judge that the girl in the doctor’s office told him that the doctor had been called from his office on an emergency obstetrics case. Judge Darr said that was too 110 Mac Swinford bad, but court would just have to wait for awhile. Turning to the sheriff, he said, “Did you say it was a case of obstetrics?” “That’s what the lady said,” replied the sheriff, “and I’ll tell you, Judge, if this weather don’t let up, we’ll all have it.” Henry Clay The stories of the eploits at the bar of Kentucky’s distinguished forensic giant, Henry Clay, are myriad, but I heard one many years ago which I cannot recall having ever seen in print. At least I am confident many of the younger generations of lawyers have not heard it. It was told by one of our state’s most illustrious and brilliant lawyers, Thomas F. Marshall of Leington and Woodford County. Marshall was much younger than Clay and when he came to the bar, Clay, then a member of Congress, was regarded as the outstanding trial lawyer of Kentucky. Marshall, very unfortunately, came to an early grave, due largely, it is said, to his dissipation. His success was marred by profligate habits, and his potential capabilities were never realized. His partner was another eminent Leingtonian , Robert J. Breckinridge. Mr. Breckinridge, after a few years at the bar, abandoned the law and went into the Presbyterian ministry. As young lawyers, Breckinridge and Marshall knew that if they could get a case in which Clay was their opponent and be successful in winning it, their reputations were established. Fortune was on their side and they were employed in a case to contest a will in which Clay was ...