JAMES MULLETT.

Birthplace. Poverty of his Parents.-Apprenticed to a Carpenter and Wheelwright. -Anecdote.-Frames a Bulding on a New Theory.-Success.-Scene at the Raising. Becomes a Clerk in a Store.-Anecdote.-Tries a Lawsuit.-His Success.Commences the Study of Law.-Judge Houghton.-Admission to the Bar.-His Professional Career.-Eminent for his Eloquence.-Politics.-Elected to the Assembly.-Distinguished in that Body.-Appointed District-Attorney.-Declines a Re-appointment.-Great Defense of Damon.-Defense of the Indian Woman.-Touching Incident.-Other Trials.-The Chautauque Bar.-His Personal Appearance.-Removes to Buffalo-Professional Success.--Elected a Justice of the Supreme Court.-Death.-Character as a Lawyer.

WITH the Constitution of 1846, a new judiciary system was adopted, which provided for the election of justices of the Supreme Court and judges of the Court of Appeals by the people. So far as the courts and the judiciary were concerned, old things passed away, and all things became new. Like all innovations in government, these changes were looked upon with distrust by some, and with alarm by others. But as the American people submit to the laws with a sort of instinct, all prepared to test the provisions of the new Constitution, without a murmur. Early in June, 1847, an election was held for choice of judicial officers for the eight judicial districts, into which the State had been divided.

Among the judges chosen at that election was James Mullett, then a resident of Buffalo, New York, for many years a distinguished member of the Chautauque bar, residing at Fredonia. There, a poor and unfriended boy, he became the artificer of his own

fortunes, and by industry, economy, studious habits and self-cultivation, arose to eminence and distinction in a profession crowded with ambitious aspirants for preferment.

Like very many who have occupied a distinguished position at the bar of the State, Mr. Mullett was a native of Vermont. He was born at Whittingham, in that State, October 17th, 1784. He was the eldest of thirteen children. His father was, by occupation, a tailor-a man possessing a bright, active mind and considerable information, but entirely wanting in the means to liberally educate his children; and James, who inherited all of his father's intelligence, with the addition of much enterprise and great love of knowledge, was compelled to struggle with adversity for the information which he obtained. Almost with the beginning of the present century, the father of young Mullett removed from Vermont to Darien, in the County of Genesee, New York.

As soon as James was old enough to labor, he was apprenticed to a joiner and millwright. His natural ingenuity soon began to exhibit itself in his new calling. The progress which he made is described by one of his biographers, in the following anecdote:

"His boss, who was about constructing a saw-mill by the slow process known as the scribe rule, commenced fitting each tenon to its appropriate mortise, and by cutting and trying after the style of those days, proposed in time to complete the mill. James saw the disadvantages and necessary delays of this style of mechanics, and proposed himself to lay out and put up the frame by a rule which he supposed more expeditious and quite as correct. He did it; and as the day for raising was appointed, the neighbors came in to assist, and witness his success, or, what was more probable, his failure. But, instead of a failure, it was a perfect triumph. Not a mortise or joint was wrong-not a brace, or sill, or girt, or rafter was missing, but, fitting in every part, it stood as the

witness of his mechanical genius; and so great was the gratification of the people present, that they took him up and carried him about in triumph upon their shoulders."

It was this early-developed mechanical genius, which, in after life, rendered him so successful in trying those cases where mechanical principles were involved. As a proof of this, it is related that on one occasion Mr. Mullett was retained in an action brought against a millwright in Cattaraugus County, to recover heavy damages for not erecting a mill in a skillful and workmanlike manner. The defendant prepared a strong and ingenious defense, in which he attempted to show that the plaintiff did not understand the operation of two large wheels which he had made. This defense was based entirely on principles of mechanics. It was devised and planned by one of the most skillful wheelwrights in the country; and, as the errors of the theory, if any, could be detected only by a competent workman, the defendant was sure of success; for, although he was well aware of Mr. Mullett's great ability as a lawyer, he did not dream that he was skilled in the art and mystery of building wheels. But when Mullett came to the crossexamination of the witnesses, all in the court-room were astonished at his knowledge and skill as a mechanic. The master-builder, who had planned the defense, on his cross-examination, was caught in the meshes of that "thumbscrew of the law," and completely failed in attempting to sustain his idea of the There was not a principle in quantity, measure, motion, balance, and relative position, that Mullett did not understand, so that the practiced mechanics, who came to testify against the plaintiff, found in the lawyer opposed to them a mechanic vastly superior to themselves. It is proper to add, that the plaintiff recovered a verdict for his claim against the defendant.

case.

Mr. Mullett continued with his employer two years, working diligently, and acquiring a knowledge of the

business quite beyond his years. While thus engaged, he made the acquaintance of a Mr. Lovejoy, of the firm of Lovejoy & Hale, a respectable mercantile firm at Fredonia, New York. Mr. Lovejoy soon ascertained the many excellent qualifications of young Mullett. To his surprise, he learned that he was an excellent accountant; and, being in want of a clerk, invited the young man to enter his store in that capacity. The invitation was accepted, and in August, 1810, he became a clerk for Lovejoy & Hale, and a resident of Fredonia. While thus engaged, his employers brought an action against a man for necessaries furnished his son, an infant under the age of twenty-one years, to wit, of the age of nineteen years; to use the language of legal forms. The claim was resisted, on the ground that they were delivered to an infant. On the day of trial, the plaintiffs' attorney disappointed them; and when the cause was called, the defendant appeared with a practiced and skillful lawyer; but the plaintiffs had no counsel. What was to be done? At the moment when they were on the point of withdrawing their suit, young Mullett entered the office, and, to their surprise, proposed to try the case for them. Mr. Hale took him into an unoccupied room; when they were alone, he said:

"Why, James, do you know anything at all about law?""

"Yes, something," was the reply.

"When did you have an opportunity to learn law?"

"When other people were amusing themselves, or were in bed and asleep, I read several law books,' said Mullett.

"Can you try this suit against that lawyer? he's very abusive sometimes to the opposite lawyer," said Hale.

"I'll take care of that. Come, it's time to proceed. Shall I attempt to try the suit for you or not?" said James.

"Go ahead and do your best," was the reply.

A

Accordingly, they returned to the court room. jury had been impanneled, and all things were ready to proceed.

"Who tries this cause for the plaintiffs?" asked the defendant's lawyer.

"I do," said Mullett, coming forward and seating himself at the table.

"What, are you going to try it? Where is your mallet and chisels? or are we to be hacked with broadaxes here by this fellow?" asked the lawyer in a sneering manner.

"No, sir; I shall hack you with something which you know less of than you do broadaxes and chisels," was the reply.

"And pray, Mr. Thingum, what is that?" asked the lawyer.

"Good, plain, common sense," said James.

The roar of laughter which followed this keen reply, showed how well the cut was enjoyed by the audience; while the lawyer bit his lips.

The trial proceeded. Mr. Mullett proved the delivery of the articles-that they were delivered to the son of the defendant-their value-the condition of the defendant as to property, and that the son was under twenty-one years of age, with the precision and skill of an old lawyer. The attorney opposed, used every means in his power to embarrass the young man. Every captious objection which he could conjecture was used, but in vain; the head that could plan with so much skill and success, a new method of erecting the frame of a building, had resources sufficient to manage this cause. When the evidence was closed, the defendant's counsel insisted upon "summing up" the case, believing of course, that he would have an immense advantage over his "green antagonist" in that part of the contest.

"Don't have it summed up if you can help it," said Hale; "he'll beat you at that."

"Let us submit the case without summing up," said Mullett.