Page:The Green Bag (1889–1914), Volume 03.pdf/203

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178
The Green Bag.

the Leonard family in the " New England Historical and Genealogical Register" shows a spendid list of names conspicuous at the bar, in the pulpit, and in the field. Abiel Leonard was born at Windsor, Vermont, May 16, 1797. At the age of sixteen he was sent to Dartmouth College to be prepared for the ministry. As the bent of his mind, however, was for the law, the original intention was abandoned. A too close application to study impaired his sight, and forced his retirement from college after an attendance of three years. He adopted farm-labor to recruit his health. In 1816 he entered the office of the prominent firm of Gould & Sill, at Whitesborough, New York, and in 181S was licensed to practice. His aggressive nature prompted him to seek a new field for his labors.' Missouri then occupied a prominent place in the eyes of the nation, and he se lected it for his future home. At the present day it borders on the marvellous to learn that he made his way afoot from Western New York to the then flourishing outpost of civilization, called Franklin, a distance of fully twelve hundred miles, much of it through untrodden forests. He arrived at Franklin in 18 19, the possessor of a well-worn suit of clothes, and twenty-five cents in money. He organized a local school in the hope of pro viding funds for his immediate wants. At the end of six months he opened a law-office. A small practice left him an abundance of time to fit himself thoroughly for his chosen pro fession. So completely did he apply himself that in about two years his eyes entirely failed him, and he stood in danger of the aw ful fate of total blindness. Nothing daunted, he employed a young man to read to him, paying him $300 a year for his services. By dint of care the sight was saved; and although his eyes were always a source of trouble to him, he was able to use them through life. In 1823 he became Circuit Attorney, and made rapid headway in his profession. In June, 1824, the tragic event of his life oc curred. Having addressed a jury in a case in which fraud was alleged against Major

Taylor Berry, the latter took offence at some of the criticisms, and assaulted Judge Leon ard with a horsewhip. Physically overpow ered, a moment's reflection convinced Judge Leonard that but one course was open to him. The circumstances were much the same as those which led to the suicide of Judge Reid, of Kentucky, a few years since,— an event which caused a wide-spread discussion throughout the land. It is probably true that no one can accurately theorize as to what is justifiable in such a case, and that each one must decide for himself when occa sion calls for action upon a real state of facts. In Judge Leonard's instance, and at that time, neither his Puritan blood and edu cation, nor the fact that some of his ances tors were distinguished clergymen, deterred him. He challenged Berry to fight a duel. The meeting took place, despite many efforts of friends to effect a reconciliation, and Berry fell mortally wounded. That Judge Leonard was sustained by the prevailing public senti ment stands evidenced by the fact that the Legislature immediately removed the disbar ment and political disabilities which existing laws visited upon those who engaged in a duel. The recollection of the event was al ways a shadow over his life. He regretted that he had been put to the necessity of acting, but never regretted that he had done so when his honor was at stake and his courage in is sue. He became a member of the Legislature during the revising session of 1835, and la bored assiduously for a liberal public-school system. Though not entirely successful at the time, his labors have contributed largely to bring about the fact that Missouri has the largest public-school fund in the land, except only that of the State of Texas. He held no other public office before becoming a member of the Supreme Court, but ear nestly devoted himself to his profession. He was always a hard student, and his library disclosed the vast range and thoroughness of his reading. All the leading text-books, periodicals, and reports, American and Eng lish, were stored on his shelves. He became