Page:The Green Bag (1889–1914), Volume 08.pdf/100

This page needs to be proofread.

The Supreme Court of Maine. lines,' he continued, 'and great efforts are being made to bring the passage within three minutes, but the passengers all say they will risk anything rather than be beat. We have had to bury a few, but what is that to save time, and beat that rascally opposi tion line? The people all say, ' Go ahead.'" During the latter part of his life he was engaged in important cases as senior and advisory counsel, sometimes arguing before the law court, and well employed in office practice. He seemed content, and was always cheerful. I remember how kindly he greet ed me in his office in those last days of his life, and what interest he took in all the pub lic questions of the day, loving to discuss them in a most friendly way, and patient with those who did not always agree with him. He then occupied the same office with Judge Godfrey, and could look out on West Market Square — one of the arteries of the city that he knew loved and honored him, and to whose prosperity and renown he had contributed his full share. I recall dis tinctly the Sunday morning when he was missed for the first time from his favorite pew in the church where for so many years he had been a constant attendant upon the preaching of Rev. Drs. Hedge and Everett, and Professor Joseph H. Allen. He was fatally sick, and soon passed away. He died quiet ly, sitting in his arm-chair, looking out of his window, just as the morning sun rose above the eastern hills. His cheerfulness did not forsake him during these last days, and he loved to see all his friends, including little children, in his sick-room. One of the latter, a little girl, too young to under stand what was the full meaning of the words, when told that he was " passing away, " asked him if it was true. Upon be ing told that it was so, she instantly asked the Judge if he had " got his trunks packed. " He delighted in relating the in cident almost daily with a smile on his lips. His death occurred the nineteenth of May,

8i

1877. The Bench and Bar united in appro priate memorial exercises, which are reported in the sixty-sixth volume of the Maine Re ports. A beautifully condensed pen-picture of him as a model judge will be found in the following extracts from the eulogy pro nounced on that occasion by his friend and associate, Chief-Justice Appleton : — ( " A vacancy occurring upon the bench of this court, he was selected with the unanimous voice of the Bar and of the public to fill the vacant seat. With what ability and integrity he discharged the grave duties of that high trust, you well know. In the trial of causes, his greatest anxiety ever was that right should prevail. Patient in investigation, he carefully examined and fully understood the merits of the case before him, and in clear and perspicuous language he endeavored to make the precise points in controversy intelligible to the tribunal, upon which devolved the duty of their determination. Dignified, but not austere, he pre sided firmly but impartially. He had no favorites. He had no animosities. The young and inex perienced practitioner knew that wherever he pre sided the just rights of his client would be safe. I well remember, upon his retirement from the bench, how deeply affected, and how profoundly gratified he was at the expression of affectionate regard and of gratitude, from younger members of the profession for his kindness to them in their early professional efforts. "As a jurist his written judgments will ever command the respect of the profession. While respecting authority, he respected more the great principles upon which authority rests, and without regard to which authority loses its most essential sanction. His decisions rest upon principle and authority — the principle strengthened and con firmed by authority — the authority deriving its vitality from the underlying principle. His mind was singularly free from bias or prejudice. His great purpose was rightly to apply legal principles to existent facts. He spared neither time nor labor in his legal investigations. He discussed legal questions with a clearness of illustration, a strength of argument, a fullness and variety of learning rarely equaled and still more rarely sur passed. His style was clear, lucid and vigorous. Occasionally he was fond of enlivening the some what arid discussions of legal principles with