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[326] a thing seemed untrue he could not in his nature simulate truth. His retention by a man to defend a lawsuit did not prevent him from throwing it up in its most critical stage if he believed he was espousing an unjust cause. This extreme conscientiousness and disregard of the alleged sacredness of the professional cloak robbed him of much so-called success at the bar. He once wrote to one of our clients: “I do not think there is the least use of doing anything more with your lawsuit. I not only do not think you are sure to gain it, but I do think you are sure to lose it. Therefore the sooner it ends the better.” 1 Messrs. Stuart and Edwards once brought a suit against a client of ours which involved the title to considerable property. At that time we had only two or three terms of court, and the docket was somewhat crowded. The plaintiff's attorneys were pressing us for a trial, and we were equally as anxious to ward it off. What we wanted were time and a continuance to the next term. We dared not make an affidavit for continuance, founded on facts, because no such pertinent and material facts as the law contemplated existed. Our case for the time seemed hopeless. One morning, however, I accidentally overheard a remark from Stuart indicating his fear lest a certain fact should happen to come into our possession. I felt some relief, and at once drew up a fictitious plea, averring as best I could the substance of the doubts I knew existed in Stuart's mind. The

1 Letter to H. Keeling, Esq., March 3, 1858, Ms.

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