Sketches of the Flush Times of Alabama and Mississippi [pp. 553-560]

1853.]~~ {k~ce ofteFuhTms foaaa
and bearing of the facts on the case. He
was fluent, easy, unembarrassed, though
somewhat earnest of manner and speech,
and had a lively talent for affidavit, elocution and a considerable power of compendious, terse and vigorous narrative in that department of forensic eloquence. It affords
us pleasure to be able to pay this deserved
meed of justice to an old friend and associate. Some men are niggardly of praise. Not
so this author.
This marked fidelity to the interests of his
clients had made Mr. Tee somewhat familiar
with the witness box, and the result had almost universally been a speedy disposal of
the matter involved in the controversy in
favor of his client.
The bar, not always the most confiding of
men, nor the least querulous, had begun to
fi nd fault with this euthanasia, as Mr. C. J.
Ingersoll, in his Bunyan-like style, expresses
it: a wand dlut o i they wanted a law-suit to die the old
way, and not by chloroform process,-the old
bull-baiting fashion-fainting off from sheer
exhaustion, or overpowered by sheer strength
and lusty cuffs, kicking and fighting to the
l ast. And so they complained and averred
it was to their great damage, wherefore they
sued Tee to discontinue proceedings of this
sort, but he refused, and, possibly, still refuses.
A suit had been brought by Tee for a leading house in New York, in the U. S. Court,
on a bill of exchange drawn or endorsed by
a merchant, and W. Y. Gee, Esq., employed
to defend it. The amount was considerable,
but the case promised to be more interesting
as involving a new and difficult point in the
Law Merchant upon the question of notice.
The case had been opened for the plaintiff-the bill, protest, depositions, foreign
statutes and so forth read, and one or two
witnesses examined. The court had taken
a recess for dinner-it being understood or
taken for granted that the plaintiff had closed
his case. The defendant either had no witnesses or else preferred submitting the case
without them, the point on which Mr. Gee
relied having been brought out by an unnecessary question propounded by Tee to his
own witness.
After the meeting of the Court, Mr. Gee,
who was a little near-sighted, was seen before the bar, leisurely arranging a small li
brary of books he had collected, and by the
a id of whi ch he was to argue th e point on
the notice. Having accomplishe d this to his
satisfaction, he leaned his head o n his hand
and was absorbed in profound cogitationlike an Episcopal clergyman before the se rmon. The Court interrupted him in this
meditation by announcing its readiness to
proce ed with the cause. Gee rose and rem arked t o the Court that the defence was
one of pure law and he s hould raise the only
question he mean t to make by a demurrer to
the plaintiff's evidence. " Not until the
plaintiff gets through his proof, I reckon,"
said Mr. Tee. N Why, I th ought you had
r e sted," replied Mr. Gee. " Yes," said Tee,
" I did rest a little, and am -no w t ired restinb, and will proceed to labor -Clerk, SWEAR
ME."
Gee jumped from his seat and rushed towards Tee —" Now Tee," said he -",just
this on e t ime, if you pl ease, f orbear, for
Heaven's sake-come now, be reason a bleit is the pre tties t point as it stands I eve r
saw- the principal i s really important-don't
spoil it, Tee." But Tee, fending Gee off
with one hand, hel d out the other for the
book. Gee gre w more earnest —" Tee, Tee,
old fellow- I sayn o o h e, now, look here, Tee dont
do this, this time-just hold off for a minutecome listen to reason-now come, come, let
this case be an exception-yo u said you
were through-if you will just stand off I
wont demur you out any more."
But Tee was no t to be held off-he repeated. " clerk, s wear m e, I must discharge
my professional duties."
Gee retired in disgust, not waiting to hear
the result-barely remarking, that if it came
to that, Tee would cover the case like a confession of judgment and the statute of Jeefails besides. We believe he was not mistaken; for his ajfidavy carried the case sailing beyond gun-shot of Gee's batteries.
Gee contented himself with giving notice
to Tee that he should require him for the
future to give him notice when he meant to
testify in his cases, as he wished to be saved
the trouble of bringing books and papers into
court. To which Tee replied he might consider a general notice served upon him then.
559
1.853.]
Sketches of the Flush Times of dlabama.