Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-12

In the Court of Common Pleas now sitting in
this County, for the trial of civil cases, on Mon
day afternoon, Feb. II, present Chief Justice
Mellen and Judge Bishop, Hon. Henry Chaplin
rose and addressed the Court as follows -
MAY IT PLEASE YOUR HoNoRs - Il
BY the direction of the members of the bar of
the County of Worcester present to this hon.
orable Court the resolutions which hold in my
hand.
Since the adjournment of this Court on We'd
nesday last, we have been startled by the news of
the sudden death Of the Hon, Horatio Byington,
one of the Associate Justices of the Court of Com
mon Pleas-your friend and ours.
10 most of the members of this bar, Judge By
ngton was known only in the relation which tie
Judicial magistrate sustains to the legal profess
sion, the jury and those whose business brings
them within the walls of the Court House but
he had borne himself so kindly, so Justly, and SO
impartially, in this relation, that he had won the
respect, confidence, and friendship of us ALL
never heard doubt of the purity Of his motives,
the independence Of his spirit, or the entire i'm
Partially of his decisions, while his KNOWLEDGE
Of the fundamental principles of our iurispru-
dence was developed from day TO day in the per.
Torrance OF his important duties, in manner
which showed that he had learned the precepts
and doctrines of the commonlaw at the fountains
thereof.
Uut the time Of his appointment to the Office
part Of this Commonwealth, where his talents
and character were so developed, as to make him
by universal consent one of the leading LAWYERS
OF his county, and man above reproach
1t was the will Of Divine Providence that our
friend should die at home, in the bosom of that
family where his presence was always hailed as a
blessing, and he went to his rest in the midst of
friends whose tears are not yet dry, and who will
cherish his memory as one Of their dearest pos
sessions.
t., Ill - ~
tons be entered upon the records of the Court
and that as token Of respect to the memory Of
Judge Byngton, this Court be now adjourned.
RssOiued That we have learned with deep sorrow
that the Hon. HoRAno BYIyoros, OF the Associate
Justices Of the Court Of Common Pleas Is no more
Resoidsd That the intercourse between Judge Byiug-
ton and the members Of Bar has been such as to i'm
press us with his kindness Of heat his integrity Of pur
pose, and his profound knlwedge Of the fundamental
principles OF the common law upon which legal and
judicial system is constructed.
Resoved, That although we shall miss his pleasant
Ile his genial countenance, and his cheerful voice ia
the sbors and trials Of cur daily duties we shall long
cherish his memory that OF upright Judge, faith
full friend, true patriot, and an honest man.
After the resolutions were read, Judge WASH
burn rose, and seconded the motion made by Mr.
Chaplin. and added his testimony to the character
and virtues OF the deceased.
Judge Mellen, after brief introduction, said
that his associate on the bench, Judge Bishop,
had prepared a notice Of the deceased, bnt, so
deeply did he feel the loss that he dared not trust
himself to read it, but had requested him to per-
form that duty for him. He then proceeded to
read just, discriminating, and pertinent notice
Of the life and character Of Judge Byington,
which we hope, on another occasion, to be per-
mitted TO publish.
Judge Mellen then continued in an address, sin
gularly neat, beautiful, and appropriate, in which
the virtues Of the deceased were feelinRly recog.
nisod. We have rarely listened 10 anything Of