tionist. I was as decidedly what was called pro-slavery. We were both thoroughly in earnest. The case was attended with great popular excitement; it was one of many muttered sounds of troubled elements fore boding the great storm which has since passed over the country. He died un doubtedly believing that the results had justified his views. I shall probably die believing that they have justified mine. I thought him a fanatic. He probably thought me one. Possibly we both were. But in all that antagonism and excitement, I could not fail to see and do justice to the integrity of his motives, or the ability of his conduct. I then conceived an estimate of the beauty of his character, and of his great professional ability, which has never since changed, and which will probably be among the last and dearest memories of my professional life. The printed brief which he submitted in that case was the ablest argument I ever met against the constitutionality of the fugitiveslave act. It established in my mind his great learning and resources as a cultivated lawyer. And yet I remember well the modesty of his demeanor on the argument, so admirably accompanying such high abil ity, in so young a man." The great champion of the antislavery cause, Charles Sumner, wrote to Paine, pro nouncing his argument admirable. " You touch the question to the quick," said he. "For a long time I have seen it as you do. I congratulate you, my dear sir, upon your magnificent effort, which does honor not only to your State but to the country. That argument will live in the history of this controversy." "I recall," says the great jurist, Ryan, who was pitted against Turn, "the singularly able management of the defense, on the trial of the indictment in the Federal court. He disputed every inch of ground with signal address, and with all the hearty ability of a man who believed he was in the right. I shall never forget his closing argument. It
has been my lot during a long professional life to encounter many able advocates. But I never listened to an argument before a jury more perfect for the case than that was. No man, not thoroughly able and thorough ly earnest, could have made it. The court adjourned just as it was finished; and I remember well the noisy congratulations which were offered to the modest young advocate. He merited far more discrimina ting praise. It established his reputation as an orator and advocate of a very high order." His services in this contest were rendered without compensation, and at a time when his professional income was small. In 1856 he was clerk of the Senate, and in 1857 he was elected the county judge of Milwaukee County. The election tested the popular qualities of the brave, out-spoken champion of antislavery in a county strong ly Democratic and conservative. He served here until 1859, when he was elected as associate justice of the Supreme Court, on the antislavery and quasi state-rights issue. In his argument in the Booth trial he had insisted and argued with great force, that "the States should have the right to judge in the last resort, when their sovereignties are encroached upon, and to take measures for their protection." He was called out as a candidate on this issue, and after an excit ing campaign — for a judicial office — he received some two thousand majority in a vote of eighty thousand. His radicalism and his youth led some of the conservatives to fear that he would be " a bull in a china shop " on the bench; but he soon became one of the ablest of judges, and all classes of people came to honor and esteem him. The beauty of his character, his perfect honesty, bravery in advocating what he believed to be right, his loyalty to truth and perfect honesty of purpose, added to mental endowments of a high order, made him uni'versally trusted and beloved. Chief-Justice Dixon spoke of him as " the strong light
