judge henry clay mcdowell was presiding and, after a strenuous trial of several days, directed a verdict in favor of the defendant. the lawyer representing the plaintiff was dan trigg, a giant of the bar and the leading lawyer in western virginia. judge mcdowell bent over to tie his shoe, and the bench, at that time being elevated some two feet above the floor of the courtroom, screened him from the sight of everyone in the room. "damn a federal judge anyhow," mr. trigg exclaimed, being audible to all. judge mcdowell, of course, heard the remark, but remained stooped over and left the courtroom by a door just behind the judge's chair so that no one knew he was in the room. he later summoned all the other lawyers in the courtroom to his chambers and said that he had heard mr. trigg's remark. he asked the lawyers if anyone in the room knew that he had heard it. when the lawyers advised him that no one had, he stated the rule that lawyers had a constitutional right to cuss the judge and, since mr. trigg didn't know he had been heard, he was not going to be fined.