Mrs. Lockwood and the Late Associate Justice Knott [sic], of the Court of Claims, now Retired

1 [underlined] Mrs. Lockwood, and the Late Associate Justice Knott, of the Court of Claims now Retired. [/underlined] Judge Knott was on the Bench when Mrs. Lockwood made [her] first initial [?] for admission to that Court, where she she had made application for the purpose of prosecuting a suit against the Government for one Charlotte A Von Cort, for use of, and infringement of a patent for a Torpedo Boat invented by her husband and used by the Gov't. the case was rejected in the first instance by the Court saying "Mrs. Lockwood you are

2 a woman. This case will be continued for one week," Mrs. Lockwood duly appeared on the next Monday Morning and when the case of "Lockwood called. the Chief Justice looked more grave and severe than usual and looking sternly at the Applicant said "Mrs.Lockwood, you are a married woman"! Mrs. Lockwood admitted the crime, and looking blandly at the Court replied, "Yes your honor and I am here with the permission of my husband," waving her hand towards Dr. Lockwood who had come with her into the sacred precincts of the Court Room.

3 When the Chief Justice added, "This case will be continued for another week" while the case was referred to Chief Justice Knott to deliver the opinion of the Court. Mrs. Lockwood duly appeared before that Court the third time, now with a large number of person[sic], mostly lawyers who had become interested in the case. It was the day for delivering opinion[sic], and Mrs. Lockwood listened in breathless suspense like a man about to be convicted of murder, while Judge Knott delivered a very long and very learned

4 opinion, which occupied about 5 columns in the following Sunday paper to the effect that admission to the Bar constituted an office, that the practice of law was like a soldier going to battle for which women where not fitted, that he had made an exhaustive search and found nothing in the Reports that said anything about women practicing law, and he had therefore concluded that it was never the intention of the lawmakers that women should practice law, and therefore the application should be denied. Mrs. Lockwood was

5 crestfallen but not crushed. She had already filed Mrs. Van Corts case in the Clerk's office - had been promised a large fee and did not mean to be defeated. She took her testimony in the case at large expense to her client, prepared with great care an elaborate brief and asked leave for her client to read it to the Court. Thi[sic], they had no power to deny, as it is the privilege of every applicant to plead his own case, and sat by Mrs. Van Cort until the hearing was completed. This case lead to her application for admission to the U.S. Supreme Court, a matter

6 that it took her 3 years of hard work, to accomplish. After Mrs. Lockwood's triumphant admission to the U.S. Supreme Court, which had at first denied her admission to that august body on the ground that there was no English precedent. the Chief Justice of the Court of Claims sent her word that she was now entitled to be admitted to that Court, and she therefore admitted, and for many years there after enjoyed a large and lucrative practice in that Court which extended into her 83. year, and included the Cherokee case, in which

7 Mrs. Lockwood took a large and active part, and when Judge Knott had become the Chief Justice of that Court. the suit was for lands sold to the Government accounting to $5,000, and the balance of which had never been paid amounting to $1,111,274.70. there was no dispute among the lawyer[sic], or by the Gov't about the amount due as it had been found by skilled accountants appointed by the Secretary of the Interior who had all of the papers before them, so after a heated argument the Judges allowed this sum which had been due from June

8 12, 1838, the time when the Indian fund had been depleted, and the Treaty for which had declared that all of the residue of the fund should bear 5% interest. But although the three original suits brought had been, and all of the lawyers in the case had made [crossed out] a [/crossed out] strenuous and eloquent arguments for the interest it was denied them and Judge Knott in the summing up could not be prevailed upon [crossed out] it [/crossed out] to put it in the judgment as the interest was much more than the principal, and would bring

8,1/2 the amount up to nearly or quite $5,000,000; so the interest was denied and the case promptly appealed to the U.S. Supreme Court. At the hearing before this Court, Mrs. Lockwood in her zeal became quite inspired, and was said even by the Judges to have made the most eloquent argument of any of the Attorneys before the Court, and not having had time to complete her argument was given a half hour next day. When asked by the Court why she claimed interest she explained "Because it was an interest bear

9 fund, and all of the money heretofore paid out of it, and which the Court has had added to it the 5%. So this large sum of interest accounting to more than $3,500.00, was won very largely by the efforts of Mrs. Lockwood. When asked why she did not wish the Cherokee Nation socalled or "Old [?] Cherokees paid out of this fund, she promptly replied, because they had already been paid many years ago. But under the organic act by which it was tried the case after judgment sent back.

10 to the Court of Claims for final settlement. On the day of this final Decree Judge Knott met Mrs. Lockwood midway on the steps to the Court Room, shook her hand very warmly, and congratuLated her most highly for her successful effort[sic], in the Cherokee case. Not many months after this Judge Knott resigned from the Bench having reached the age of the three score and ten years. Mrs. Lockwood with other members of the bar went to his room to express their regret[sic], and wish his good bye. When he reached Mrs.

11 Lockwood, he took her hand, and looking into her face with some pathos exclaimed Mrs. Lockwood I turned you down once, can you forgive me? During this time he had heard Mrs. Lockwood plead perhaps 25 important cases. Mrs. Lockwood with her characteristic generosity looked up smiling and exclaimed, Oh! Judge, our opinions are very largely formed by our surrounding[sic], and I suppose that you could not help saying at that time what you did. I have never laid up anything against you on account of it.