Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1856-02-14
The Lnte NUDGE Rx;ng,o,,.

Inc Soou ana upright man, whose death we are
convened to lament, and whose sudden and unax-
pected exit from the living has produced a thrill
OF anguish among his neighbors and friends and
which now fills the hearts of all present with
grief was when he died, in his 59th year. of
his character jurist we have no occasion to
speak. 1t is known here, and throughout the
Commonwealth. 1t was too marked and decided
to have escaped the attention of any one who had
occasion to appear before him, and the common
dahons which any one of us might express, all
would reiterate. He was born at Stockbridge in
the County of Berkshire, and there had his home
for nearly the whole period of his valuable life
There he pursued his studies--classicals and pro-
fessional-with brief absences only. There he at
tanned the social position-rthe character for pu-
rity and uprightness, and the professional celeb
| rity, which commended him to the Executive of
the Commonwealth, deserving of, and qualified
| for, the judicial appointment which he received,
and whose varied offices, he has so laboriously
| faithfully ably, and acceptably discharged. In
his youth, he had none of the facilities which af
| huence lmparts. He had, however, what was in
fnitely better-the early culture which gives to
self-reliance, resolution and power and the thor
ough conviction that his future was all SUSPENDED
upon firm will, and his own moral and intellec-
tual resources. These powers and capacities were
| assiduously industriousy, and continuously, en-
| ployed, as long as life continued. In useful &C.
eupadon he sought enjoyment; from it he derived
his pleasures, He meaeured life and its felcities
by the domestic and social good which he had
done, and by his professional usefulness and
! achievements He acquired a sound classical ed
ucation at the public schools and academies in his
neighborhood nd,whie there, was distinguished
for his interchangeable industry and the accuracy of
his knowledge, The opportunities furnished BY
a collegiate course of instruction. he never en-
joyed. He commenced the study of law in the
office of the late Joseph Woodbridge, Esq, of
| Stoekbridge for many years the clerk of the
Courts in The County of Berkshire. The last year
or more of preparatory study was passed in the
| office of Judge Howe, then in full practice at
Worthington, in the County of Hampshire The
fame of Judge Howeas an Instructor and law lee
| turer, had drawn to his Office a number of Young
men, whose professional success has evinced the
| thorough and judicious training in which that
eminent jurist exercised his students Judge
Howe pronounced his pupil, Byington, unsur-
| passed in some of the qualities essential to pro-
| fessional emineuce. He had a passion fos legal
| investigation, rare then, and not frequent
| now. His powers of discrimination were
| quick and strong-quicker and stronger than
his own modest views of his capacities would
admit. The Judge early predicted that he
would be safe, sound, reliable legal adviser--an
| adviser who would not involve his clients in
meshes and entanglements OF the law, without
| sure preparation for their extrication uniniured
He was admitted to practice at the Berkshire bar
at the October term of the Common Pleas, IN
| 1920. He first settled at Plainfeld, in the Coun.
ty of Hampshire, and remained there about
| year. AT the solicitation of his friends in Berk-
shire, who knew him we'll, and thought that his
| professional services would be duly appreciated
and well rewarded in his native town, he settled
in Stockbridge in the year 1922.
From that time till he took his place upon the
| bench OF the Court of Common Pleas he was
constantly employed. In most OF the cases of
Importance, particularly, in those which required
arduous and difficult legal elaboration he was
constantly employed. His success was that which
always attends good lawyer, who embarks only
in good causes, where justice, and not naked VIC
tory, is sought for He was too conscientious to
administer to cupidity, animosity, or fondness
for the legal games of skill or hazard His severe
| moral principles, and love of unmxed truth would
| not allow him to countenance, much less 10 aid
the aritu in their contrvances, or the indirect in
their sinuosties. His associates, at the bar he
treated ever with studious kindness He took the
younger members Of the profession by the hand
and encouraged them, and gave strength and
courage to modest diiiidence and timid merit-
His memory will be fondly cherish d, as well by
those who came after, as those who marched
abreast with him. Few men of the age have
spent more hours, AL alone, over their books,
than he has He read the law with relish, that
few are born with, and very few attain He never
sat down TO the trial of case, If he could help
1t, till all the law applicable thereto had been re.
] viewed by him, and all its facts were spread ont
before him, and made as familiar as the grounds
around his dwelling All the toll and all the
| time necessary 10 achieve this, were most cheer
fully undergone and employed. He Is dead. At
the breakfast table, on the morning OF the first
instant, he talked like one derious His wife
and children looked up. and saw the husband, all
devotion, the father all love, bereft of his re ason
No words can describe their heart pmgs. He was
taken to his chamber and continued in a state Of
mental alteration until the morning OIL Tuesday
| last, when he died He did not suiler-paye no
manifestations Of distress, mental or ply sical--
he was laid in his grave on Saturday. The beau
iiful, solemn, and impressive burial services Of
the Episcopal church was there rehearsed-''ashes
70 ashes, dust to dust" to await a glorious res
| direction and a hrightar hoin,