I was once in a very complicated real estate case as Washburn's
associate. Charles Allen and Mr. Bacon were on the other
side. Mr. Bacon and I, who were juniors, chatted about the
case just before the trial. Mr. Bacon said: "Why, Hoar, Emory
Washburn doesn't understand that case the least in the world."
I said, "No, Mr. Bacon, he doesn't understand the case the
least in the world. But you may depend upon it he will make
that jury misunderstand it just as he does." And he did.
Charles Allen, who never spared any antagonist, used to be
merciless in dealing with Washburn. He once had a case with
him which attracted a great deal of public attention. There
had been a good many trials and the cost had mounted up to
a large sum. It was a suit by a farmer who had lost a flock
of sheep by dogs, and who tried to hold another farmer responsible
as the owner of the dog which had killed them. One of the
witnesses had been out walking at night and heard the bark
of the dog in the field where the sheep were. He was asked
to testify if he could tell what dog it was from the manner
of his bark.
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