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James Otis The Pre-Revolutionist [5]

By Root 1810 0
Judge Gridley and went to Plymouth, where he applied for admission to the bar, and was accepted by the court. He began to practice in 1748--the year of the treaty of Aix-la-Chapelle, when the political and historical status of Europe was again fixed for a brief period.

The young attorney almost immediately took rank at the Plymouth bar. The old records of the court at that place still show the frequent appearance of Otis for one or the other of the parties. In this manner were passed the years 1748 and 1749. It does not appear that at this time he concerned himself very much with the affairs of the town or the larger affairs of the commonwealth. The tax records show his name with an entry to the effect that in 1748 he estimated his personal estate at twenty pounds besides his "faculty," by which was meant, his professional value.

A few incidents of this period in Otis's life have come down by tradition. He soon made a favorable impression on the court and bar. He gained the good opinion of his fellows for both ability and integrity of character. This reputation he carried with him to Boston, whither he removed early in the year 1750. He had already acquired sufficient character to bring his services into requisition at places somewhat distant from Plymouth.

His reception in Boston was accordingly favorable. Beyond the limits of the colony he became known as an advocate. He was sent for in important cases, and showed such signal ability as to attract the admiring attention of both court and people. Already at the conclusion of his twenty-fifth year he was a young man of note, rising to eminence.

There was good ground for this reputation in both his principles of conduct and his legal abilities. From the first he avoided the littleness and quibble which are the bane of the bar. He had a high notion of what a lawyer should be and of the method and spirit in which he should conduct his cases. He had as much dignity as audacity, a sense of justice as keen as the purpose was zealous in pursuing it.

It came to be understood in the courts of Boston when Otis appeared as an advocate that he had a case and believed in it. He avoided accepting retainers in cases, of the justice of which he was in doubt. Pursuing this method, he was sometimes involved in law-suits in which he was constrained to turn upon his own client.

The story goes of one such instance in which he brought suit for the collection of a bill. Believing in his client and in the justice of the claim, he pressed the matter in court and was about to obtain a judgment when he accidentally discovered, among his client's papers, a receipt which the plaintiff had signed for the very claim under consideration. Through some mistake the receipt had again got back into the man's possession, and he had taken advantage of the fact to institute a suit for the collection of the claim a second time.

Seeing through the matter at once, Otis took the plaintiff aside, confronted him with the receipt and denounced him to his face as a rascal. The man gave down and begged for quarter, but Otis was inexorable; he went back to the bar and stated to the court that reasons existed why the case of his client should be dismissed. The court, presided over by Judge Hutchinson, afterward Lieutenant-Governor and Chief Justice of Massachusetts, expressed its surprise at the turn of affairs, complimented Otis for his honorable course as an advocate, commended his conduct to the bar, and dismissed the case.

With the spread of his reputation Mr. Otis was summoned on legal business to distant parts. On one occasion he was called to Halifax to defend some prisoners under arrest for piracy; believing them to be innocent he convinced the court in an eloquent plea and secured the acquittal of the prisoners.

On another occasion he was summoned to Plymouth to defend some citizens of that town who had become involved in a riot on the anniversary of the Gunpowder Plot. It was the custom in the New England towns to observe this day with a mock procession, in which
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