Short sketches giving some reminiscences and anecdotes of the North Carolina bar, for the past fifty or sixty years, may not be uninteresting to the readers of the UNIVERSITY MAGAZINE. These sketches being short --intended only to give an outline of the character and life of those to whom they refer-- will be, therefore, incomplete, and fail of that information which might be expected or desired. They are made to prelude the anecdotes, to add interest, and to afford some insight to the character of the persons who may create the subject matter.
The standing and reputation of the ante-bellum lawyer was high and above reproach. The short cut, or the wily practice met the quick rebute, and certain condemnation, both from the humblest and highest members, and the client received the earnest work, and was not suspicious or fearful of his attorney's action. The persons of this first sketch was as refined as pure gold.
Mr. Gavin Hogg was born in Wick, Caithacas, northern post-office, Scotland, on August 8th, 1788, and was the son of James Hogg and Mary Finlayson. His father and family moved to Anstruther, Fife, and came to America, (Wilmington, N. C.,) in 1800.
He went to school in Anstruther, and after coming to this country entered the University of North Carolina, and graduated in 1807. He was a member of the Dialectic Society. In 1808 he was tutor in the University. After this he taught the late Rt. Rev. Thomas Atkinson's elder brothers, in Dinwiddie county, Virginia --during which time he read law, and upon obtaining his license to practice, located in the town of Windsor, Bertie County, N. C. He never held any public office, but was once a candidate for Judge of the Superior Court of law and equity, but was defeated by the late Judge Seawell.
In 1822, he married Miss Mary A. B. Johnson, of Stratford, Connecticut. The issue of this marriage was four children, only one of whom survives, Dr. Thomas D. Hogg, of Raleigh, N. C. In 1834, he married Mrs. Sarah L. Blount, widow of the late John Gray Blount, of Beaufort County. Mrs. Blount was a daughter of the late Sherwood Haywood, Esq., of Wake County, and a sister of the late Mrs. George E. Badger.
Mr. Hogg was five feet ten inches in height, weighed about one hundred and ninety pounds; complexion bright, more than florid, blue eyes, and light hair.
He commanded a company in Norfolk, Va., in the war of 1812, though he was a federalist, and opposed to the war, and yet at the time of his death was a Jackson democrat.
His views and opinions, in opposition to the war, were so pronounced and decided, that public sentiment was fiercely arrayed against him, and so excited and defiant had it become, that his life was threatened, and he defied, singly and alone, a mob in the streets of Windsor, and stationed on his front porch, with gun in hand, threatened death to the first who should invade his domain. And yet after his return from the war, he had four hundred, out of four hundred and twenty-three cases on one docket, for these same people who had been at one time so embittered against him.
He was the principal mover in the building of the Episcopal school at Raleigh. The brick building was not above the first story when he died. His judgment, wisdom and guiding hand being gone, it soon drifted into financial trouble and wound up. He was a particular friend of the late Bishop Ravenscroft, who died at his home. He was a prominent lay delegate always at the triennial conventions.
He was a successful and well equipped lawyer, and controlled as large and hucrative practice as any attorney in the East ever enjoyed. He was bold, aggressive and determined. He would, in strict conscience, prosecute or defend, to the full limit, confining himself strictly and solel[y] to the evidence detailed; no inducement could alter or swerve his convictions. In his speeches to the jury he would frequently ask the court to stop him if he transcended the limits not warranted by the evidence presented. He was a fine advocate, and argued his points of law and evidence clearly, forcibly and intrepidly. In all matters he followed his convictions rigidly and implicitly. He was one of the most positive and determined men the East ever had. He never gave a threat or took one. Courteous, respectful, and affable, yet dignified, defferential, though of easy approach.
He was a fine criminal lawyer, and performed his duty alike to high and low. When he would appear for a client, charged with theft, or other heinous act, the case being over, he would allow no social intercourse. The following anecdote is characteristic:
In Hertford Superior Court he appeared for one Henry Stevens, charged with stealing a pig. Stevens told him all about stealing the pig, and what he did with it. Mr. Hogg made a strong effort for his client, and secured an acquittal. As the attorney was leaving the court-house, and was making his way to the hotel, on the opposite side of the street, Stevens accosted him, and said; "Mr. Hogg, you cleared me of stealing that pig, and now I want to you to go and take a drink with me." He politely declined, and proceeded to the hotel, and Stevens following, insisting, and he refusing, until they reached the hotel porch, where several members of the bar were sitting. At this juncture, Stevens, piqued at the refusal, said: "I know Mr. Hogg, why you wont drink with me; you are too proud; that's why you wont drink with me." With sharpness, and in presence of the others, he turned upon him, and said: "Yes sir, you are right; I am too proud to drink with you. You stole that pig --you told me you stole that pig-- and I am too proud to drink with any man who would steal his neighbor's pig. Now get away, sir, and have no more to say to me." Stevens left without ceremony or further talk.
Mr. Hogg died in New York, October 28th, 1835, and was buried in the old City Cemetery, in Raleigh. Laterly, his remains have been re-intered in Oakwook Cemetery, near the corporate limits of the city, where they now repose.
Generations may come and go, but it will be long, indeed, before the East will point with the finger of pride to the sounder lawyer or the abler advocate than the late Mr. Gavin Hogg.
Judge Augustus Moore was born in Perquimans County, North Carolina, June 8th, 1803. He was the son of Charles Moore and Elizabeth Creecy Moore. At the age of nine years his father died, and his mother sent him to the Edenton Academy, where he was prepared for college, and entered the University of North Carolina in 1822.
In his Junior year he was attacked with rheumatism, and was carried to his home on a bed, in a wagon, and for many months was bed-ridden. The circumstance prevented his graduation, which was a life long regret and disappointment to him. He was a member of the Philanthropic Society.
He read law under one of the State's ablest lawyers of his time, Charles R. Kinney, of Elizabeth City, N. C., and on obtaining his license to practice law, located in Edenton, N. C., April 28th, 1830, and entered at once into a good practice.
He married Susan Jordan Armistead, and there were born of this marriage, William Armistead, Mary Elizabeth, (died when nine years old), Susan Augustus, Henrietta, Sophy Armistead, (died young), Augustus Minton, Mary Elizabeth 2nd, John Armistead, and Alfred. Of these only survive, Susan Augustus, (Mrs. Righton) Mary Elizabeth 2nd, (Mrs. Dr. Sutton of Norfolk, Va.) and Augustus Minton, who practised law in Edenton, and later in Greenville, N. C., and a few years ago moved to the State of Washington. William Armistead Moore was a Judge of the Superior Court of North Carolina, and John Armistead Moore was a prominent lawyer in Halifax County, and died there a few years ago.
Judge Augustus Moore was appointed Judge of the Superior Court of Law and Equity in 1848, and was elected to the office the following year. He rode only the circuit under appointment, and resigned immediately after being elected, because he had the first stroke of apoplexy, at Salisbury, N. C., immediately after pronouncing death sentence upon a criminal. His resignation was much regretted, his short term of service on the bench being so acceptable, and evidencing such future promise, made his retirement universally deplored.
Judge Moore was of fair complexion, light hair, blue eyes, prominent Roman nose, wore spectalces continously, was slightly lame, always clean shorn, was five feet eleven inches high, and weighed one hundred and seventy pounds.
He occupied the office in the corner of his yard, which is rightly known, and refered to, as "The Judge Factory," there having been five to wear "The Ermine," who had gone from its walls. Himself, his son, Judge William Armistead Moore, his nephew, Judge Henry Armistead Gilliam, and two others whose names are not recalled, (though probably one of these two was the late Judge Jones of Plymouth, N. C.) and latterly, his son, Augustus Minton Moore, also a student from this office, removed to Washington, and was there appointed Judge, but not having lived in the State as long as the law required for eligibility to the office, failed to receive his commission.
The walls of Judge Moore's office were lined with books, his law and miscellaneous library being second to no private library in the State, and really looked like a book store. At the opening of the Fall term of school, a country lad, taking it for a book store, walked in, and found the Judge in his chair, reading, accosted him, saying: "Mister, kin I git a spelling book in here." The Judge, taking in the situation at a glance replied: "Yes, my little boy," and taking him by the hand, went down town with him, bought and gave the little fellow a spelling book.
The table used by Judge Moore in his office from 1825, to the date of his death, and at which he knelt at private devotion every morning at sunrise, was used successively by his sons in this same office, and is a treasured relic, still in the possession of his daughters.
The old homestead and office are located on the east side of Main street, not far from the "Woodard House," and the citizen walking by with a new-comer will rarely pass it without saying: "That's Judge Augustus Moore's old residence and office, one of the biggest and best men Edenton ever had."
Judge Augustus Moore was a very cultured man. He was not only a well read lawyer, but was of very extensive reading and learning. He was a strong and effective speaker, fine delivery, commanding appearance, and spoke with much ease, fluency and power. He had no mincing of words, but was certain, bold and incisive in what he had to say. I recollect him well, and was about sixteen years of age at the time I last heard him speak at the Winton bar, and I remember distinctly the unusual violence, and apparent vindictiveness, with which he confronted a high and reputable doctor of the town of Murfreesboro, who was either a witness or his opposing counsel's client, and so torturing and unpacific was his manner and language that it was difficult for their respective friends to prevent a rupture, upon the adjournment of court.
Judge Moore was especially adroit in handling a witness, and the modest, or quaking giver of evidence, realized a soothing relief when released from his searching and rigid cross examination.
The Winton bar was at that day brilliant with legal stars. The late Chief Justice Smith, Governor Thomas Bragg, Col. David Outlaw, Judge Heath and Louisiana's late Chief Justice, Thomas G. Manning, were attendants at that bar, and they were all men of high legal merit. They have all now passed down into the quiet vale, and crossed the river of death, but their memories are still green in the recollection of those left behind, to muse upon their goodness, their wisdom and their power.
The following anecdote is often referred to and related in Edenton circles: Judge Moore, with his nephew, the late Judge Gilliam, who was at the time reading law under him, were together in the office and engaged in reading, when a little bird flew in and perched on the Judge's bald head, and then flew out. The Judge through surprise or through possible superstition, turned quickly and somewhat excitedly, said: "Henry, Henry, what kind of a bird was that which alighted on my head." To which, his nephew laconically replied, "I don't know, uncle, but I think it was a sapsucker, seeking for food."
I may digress here to relate the following incident connected with the late Judge Gilliam. He was, before moving to Tarboro, where he died, a practicing attorney at the Raleigh bar. At one of the terms of the U. S. Circuit Court, at which Judge Bond presided, was somewhat unfortunate. About every motion he made, was denied; about every case went against him; and every petition to rehear was refused, or denied a hearing. On the following Sunday, Judge Bond and himself, together with several other members of the bar, were invited by a brother member to dinner. Judge Bond was assigned the head of the table, and before him was placed a fat roasted pig. Judge Gilliam was seated on the extreme right, at the other end of the table. Judge Bond proceeded to take off the pig's head, the ears being conspicuously erect, put it in a plate, and calling the waiter, said quite audibly, "Take this down to Judge Gilliam, with my compliments." Attention being thus attracted, the result was awaited. He took the plate, and with a bland smile, and significant bow, rendered to the Judge, said: "I thank you Judge: I have been endeavoring all the week to get the ears of the Court, and I am gratified to know, that I have at last, succeeded." This impromptu sally of wit, prematurely brought about the upturning of small glasses, and the Judge's health was drunk with joyful glee.
I may be further indulged in this connection, in relating the following relative to Judge Bond. I heard him relate it, and he affirmed it to be strictly, and literally true. While he was Judge of the Criminal Court of Baltimore, he had frequently to commit to jail, one Higgambotham, for drunkenness, who was a fine performer on the trombone. On occasions of balls, or dances, the jailor would turn him out, and "after the ball was over," he would return to jail. The turning out and returning part was not known to the Judge. A few nights after Judge Bond had put him in jail, for thirty days, a big masquerade ball was given, and the Judge and his wife attended in full masque, and of course were recognized by none. Promenading with his wife around the room, and seeing Higgambotham there, halted and said: "Why Higgambotham, how is this? Are you here." "Yes I am here," giving a loud blast with his horn. "Why I thought Judge Bond put you in jail the other day for thirty days." "yes he did, and the d--d old hooked nose scoundrel thinks I am there now." and giving another long blast with his horn, The Judge said,"My wife and I passed on without further question, or parley."
The people of Edenton have great reverence for the distinguished men who have lived and died in their midst, and many renowned men have gone out from her confines. In the wall of her ancient court room, is imbedded, a marble tablet, on which is inscribed
Judge Augustus Moore died at his home in Edenton. on Sunday morning March 23rd, 1851, after a few minutes illness, of apoplexy, and was interred in the family burying ground in the country. The citizens of Edenton held a meeting, and appointed a committee to wait on Mrs. Moore, and request that Judge Moore's remains might be removed to Edenton, and they allowed to erect a suitable monument to his memory. A private citizen made the same request. Mrs. Moore removed the remains to St. Paul's Church Yard, but preferred to erect the monument herself, and to meet all the expenses incident to the removal.
The monument, massive in structive, and impossing in finish, and design, stands just within the enclosure of the church yard, immediately on the right of the entrance to the old brick church. Upon it is inscribed.
Nor does this inscription relate more than what was fitting and true of the revered dead. Never was husband more fond or loving, or father more tender or regardful; nor a community's loss more acute, or more sorrowingly felt. His early death deprived North Carolina of one, who would have shed as much lustre upon her reknown as any of her sons, dead or living. His memory is embalmed in the hearts, and his tomb will be moistened by tears of an appreciative people.