Kentucky Lawyer

Henry Clay

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 111 Kentucky Lawyer representing the estate. When the day of trial arrived, Marshall said the enthusiasm of the young partners knew no bounds. Their preparation, although long and tedious, had been ehaustive. Their presentation was flawless as compared with what he says was a “shabby” display by the opposition. However, the final victory would obviously go to the side that would present the most eloquent arguments to the jury. Breckinridge opened the closing speeches and presented a masterly oration. Clay’s partner was weak. Then Marshall delivered his forceful and telling address which he felt would be unanswerable. “But,” he concluded, “when Clay stood before the jury as a master of debate, he raised his hand and with one sweep of that mighty arm sent Breckinridge to the pulpit and me to the gutter.” * * * On one occasion when Marshall had indulged too freely, he fell in the gutter on his way home. It was the autumn season of the year and the leaves falling from the trees had begun to cover his body. Friends found him there flat on his back almost completely hidden by the blanket of leaves. They looked down upon his prostrate form and one of them remarked, “what a pity to find this brilliant young man lying prone in the street, his manly form covered by the falling autumn leaves.” Marshall opened his eyes. “Leaves,” he said, “have their time to fall. So do I. Each from the same cause, getting dry! But the difference between these leaves and me—I fall harder and more frequently.” ...