The Life, Public Services and Select Speeches of Rutherford B. Hayes | Page 7

defense of prisoners who were sane that it
seemed to be of no avail in defense of one who was not. The cry of
insanity, like that of "wolf," had been so repeatedly raised when there
was no insanity, that it was not heeded when there was.
Notwithstanding an argument which for legal learning and forensic
eloquence attracted the attention of the press and bar, and established
the counsel's reputation, the poor, insane idiot was convicted of murder
in the first degree. Hayes at once obtained a writ of error, which the

district court reserved for decision in the Supreme Court of the State.
The case was argued and determined in that court at the December term,
1858, and reported in 2 Ohio St. Reports. R. B. Hayes appeared for
plaintiff in error, and George E. Pugh, attorney-general for the State.
The earnest and determined advocate of Nancy Farrer carried his points,
obtained a new trial, and greatly enhanced his professional reputation.
The then official reporter of the Supreme Court of Ohio, who heard this
argument, says: "It was a truly admirable effort, and the peroration was
indescribably pathetic. But on this occasion, as on all others, Mr. Hayes
was singularly modest." Although a new trial was granted, through the
concurring opinions of Justices Corwin, Thurman, and Ranney, Nancy
Farrer was never again tried. She was sent to a lunatic asylum.
Hayes next gained reputation through his connection with the notorious
James Summons murder case. He was employed by the older counsel
in the case to take notes of the testimony and record the rulings of the
court. The trial occupying many days and many differences arising
between counsel with respect to the rulings of the court, it was found
that the accuracy of the notes of the junior attorney was in every
instance confirmed by the court itself. When the time came for the final
arguments to begin, the leading counsel asked each a day for each side.
Judge Thurman, then presiding, on consultation with Judge Piatt,
announced that the court could only give the leading counsel two hours
each, but that they would allow Mr. Hayes one hour additional.
Notwithstanding the court was assured that Mr. Hayes was not strictly
employed in the case, Judges Thurman, Matthews, and Piatt insisted
upon hearing him, and he was accordingly heard. His unpremeditated
argument was clear, convincing, impassioned, and impressive. It was
one of the best speeches of his life. The case went up to the Supreme
Court with the junior as the leading counsel.
We now reach an event in the course of this narrative, which,
controlling as is the influence it has upon all lives, has been
immeasurably potent in its influence upon the life and fortunes of
Governor Hayes.
On the 30th of December, 1852, he was married to Miss Lucy W.

Webb, by Prof. L. D. McCabe, of the Ohio Wesleyan University. The
marriage took place at No. 141 Sixth street, Cincinnati, the bride's
home, in the presence of about forty friends. Lucy Ware Webb was the
daughter of Dr. James Webb and Maria Cook Webb. Dr. Webb was a
popular gentleman and successful practicing physician in Chillicothe,
Ohio. In 1833, he died of cholera in Lexington, Kentucky, where he
had gone to complete arrangements for sending to Liberia slaves set
free by himself and his father. The grandfather of Mrs. Dr. Webb was
Lieutenant-Colonel Cook, who in 1777 was serving in a regiment
commanded by Colonel Andrew Ward, in the army of the Revolution.
Both Governor and Mrs. Hayes are, therefore, descendants of soldiers
of the Revolution, most worthily uniting in their lineage jointly the
dawn of the second century with the dawn of the first. The six years
following 1852 were years of full practice and exacting labors, in
which disappointments were few and successes many. These were
years in which solid foundations were laid for as solid a reputation as it
was possible for the men among whom he moved to build up.
In January, 1854, he formed a law-partnership with R. M. Corwine and
W. K. Rogers, under the firm name of Corwine, Hayes & Rogers. This
proved a partnership of friendship as well as business, being in every
way satisfactory and agreeable. Mr. Rogers is now the close companion
of his old partner in these later and more eventful years. Mr. Corwine
died a resident of Washington City, a year or two since.
In April, 1859, he was, without solicitation, chosen city solicitor by the
city council of Cincinnati, to fill the vacancy caused by the death of
Judge Hart, and on the 9th of that month entered upon the discharge of
his official duties. His chief competitor for this office was Caleb B.
Smith, since a member of Mr. Lincoln's cabinet. The vote