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Updated: May 20, 2025
He had the Yankee propensity for "swapping," and from time to time traded horses, generally managing to get the best of the bargain, for he was tolerably sharp and not much troubled by conscientious scruples about misstating the merits of his horses.
The scheme of jury-trials itself thus providing for a lawyer's standing in the place of his client and deriving from him his partisan opinions, and for urging his case in its full force within the limits of sound rules of law, it almost invariably follows, that, the greater the talent and zeal of the advocate, and the more he believes in the views of his client, the more liable he is to be charged with overstating or misstating testimony.
They were in reality the cheaper tools of the trouble-makers. There were fewer and keener tools to be used, and these were selected and turned against their employers by that irresistible potency, gold; gold that came from no one knew where, and came in abundance. Finally open threats of a strike were made. Circulars were distributed throughout town over-night, cleverly misstating conditions.
Sir Robert Peel wanted neither county meetings nor proclamations; so, writing to Sir James Graham on the 22nd of October, he says, all but misstating Lord Heytesbury's views on proclamations: "Lord Heytesbury, from his occasional remarks on proclamations, seems to labour under an impression that there is a constitutional right to issue them. Now there is absolutely none.
He narrated with clearness and accuracy every step of our early wanderings; and while never misstating a single fact, contrived to exhibit my career as totally devoid of any participation in the treasonable doings of the period.
It is easy to befog an issue by misstating facts, but the facts are here to speak for themselves, and that Morse temporarily abandoned his first idea, because he had not the means at his disposal to embody it in workable form and had recourse to another method for producing practically the same result, only shows wonderful ingenuity on his part.
He seems not to mind misstating the position of any one he supposes himself to disagree with, and then attacking him for what he never said, or even implied; he thinks this is droll, and appears not to suspect that it is immoral.
Mr. Choate never conceived that his duty to his client should carry him up to the line of self-surrender drawn by Lord Brougham; but, recognizing his client's full and just claims upon him, entering into his opinions and nature with the sympathetic and dramatic realization we have described, he could not faithfully perform the prescribed and admitted duty of the advocate, necessarily, with him, involving his throwing the whole force of his physical and intellectual vitality into every case he tried, without being a vehement partisan, or without being sometimes charged with misstating evidence or going too far for his client.
Both of these men have rendered great service to advanced thought, but both have only succeeded in repudiating Atheism by misstating and misrepresenting it. This remarkable performance will be found in the first part of his "First Principles."
I seldom asked him a question during the dictation or interrupted in any way, though he had asked me to stop him when I found him repeating or contradicting himself, or misstating some fact known to me. At first I lacked the courage to point out a mistake at the moment, and cautiously mentioned the matter when he had finished. Then he would be likely to say: "Why didn't you stop me?
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