Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1865-03-23
VOLUME XIV.

position which for four years he has filed with
| honor to himself and with satisfaction to the Ban
and the public. He retires from judicial duties
and labors, and by the partiaty of his fellow cit
izens will soon enter the Halls of our National
Legislature there to take part III the adjustment OF
the gravest and most momentOus interests that
were ever committed to a deliberatve body
doubt not but that he will well discharge the new
duties to which he is called This it is that markes
| the maa-that whatever is undertaken is well and
| faithfully performed. That Judge Mercur will
bring to the discharge of his great duties in Con
gress, intelligence, laborious industry, untiring
energy, and devoted and unselfsh patriotism, we
have every assurance, from his character and past
life. When again assemble around this, or an
other board to honor him. | trust that his public
course will meet with the same hearty approval that
is now so generously extended to him, and however
we may differ in our political views, that all will
accord to him an earnest and sincere purpose to
do what to him seemed right, and for the general
good.
The following toast being offered by J. Macfar-
lane, drank with applause
The Judges of Bradford, from Gibson to Mer-
curthe last of the line only excelled by the first
James Wood and S. Richard Payne, Esqs being
called upon also made short and interesting speech
| es appropriate to the occasion. s. r. Payne said
lNr. President, and felLo,o members Of the Bar Of
! Bradford C0t9dy:-It is a matter of pleasure to me
Inat pefnlltteu testimony respect
| to the testimony to those whose fortune it is to
| have enjoyed longer acquaintance and more ex-
! tended professional intercourse with his Honor
Judge Mercur, than have fallen to nv lot Although
by reason OF my recent admission to the Ban, many
opportunities have been lost to me of observing the
exercise OF those talents for which he is Justly
distinguished, yet so far my observation has ex-
tended, and so tar as his common reputation has
impressed me, can cheerfully extend to his Honor
offering of sincere admiration as well for those
/ N1rh nIN oh. ~1.tn,
for those extensive legal abilities displayed through
out many years of successful practice, and more
I recently i'll his capacity as IL Judge,
In his Honors career Iperceive that which is not
only interesting, but highly instructive especially
to those who like myself are vet in the infancy of
professional life. Doubtless it was the experience
of every member of this Bar, that during his nov
ltiate and perhaps for considerable time there
after he, met with diScOuragementS sufficient to
thwart any but the strongest resolutions of perse-
verance, and on this account, Frequently suffered
a suspension of that energy which is SO necessary
to conquer the obstinacy of the law. Those Of us
who still labor under these difficulties to whose
minds the professional naNlms OF the law not
yet familiar; who yet unable to comprehend
those great principles in the flnesS Of their gran
deur, may well draw encouragement from the sue
cess which has so emmently crowned his Honors
efforts and, by initiating those examples he has
gwen US OF private virtue and professional inegr-
ty of studious inquiry, steadiness of purpose and
acquire an honorable standing in the profession
we have chosen.
l think Mr.. President, l do not speak solely for
myself when assure you that if the younger mem
bers of the Bar, less sensible than the older
ones, of the great loss incurred by his Honors de-
parure from the Bench. they certainly are not less
happy IN the reflection that though the Judge is de
parted, the friendly lawyers yet with them ito whom
lnquestions of difficulty which will many times oc-
eur III the course of their practice they can apply
for counsel with confidence of receiving the same
generous assistance III the future, that which
has been SO ibeTally extended to him III the past
viii only add, that as he goes forth to discharge
the duties of that exalted station to which the
voice of his countrymen has called him. he will be
attended by the best wishes of the entire commun-
lty for his personal felicity.
p d. Morrow, Esq. being called upon made
few playful remarks, professedly finding fault with
Judge Mercur for holding the members of the Bar
to an inconvenient stringency in the performance
of their professional duties but which, in reality,
We're highly complimentary to his astute legal per
ception, promptitude and efficiency, as follows:
NJ. Chajt7nnn:-It is unnecessary for me to add
anything to what has already been said as to the
eminent success which has attended Judge Nercrr
while at the Bar upon the Bench. The bright
side OF the picture has been presented to us, its
beauties pointed ont with skill and taste and at
this stage of the proceedings criticism may not be
out of place.
Sometimes members of the Bar would enter up- !
on the argument of legal questions with assurance
and evidently prepared if necessary to occupy the
attention of the Court for great length of time !
but upon stating the point the Court would COM !
prehend and decide it correctly at once-leavinc |
the advocate "ieijrered although he had been ron
ll"ed-to the point. This was unconstitutional be- |
cause II was "a cruel md unusual punishment"
Another pecullarity of the Judge was, he had the |
habit OF examining with care all papers presented |
to the Court such charters for religious corpor
atlons applications for licenses, to sell land &c,
&c., and If they were not according to the Act of
Assembly III such case made and provided" they |
were kindly handed back, sometimes with instruct
ions, and sometimes with announcement of the |
fact that they were irregular, &c, &C.
Again, IN his official capacity he was Som,iter IN
Htod0 et toTtjter IN re-or in other words was cour-
teous IN his department, but firm, and took
upon himself all the responsibilities of his posit-
ION Suggestions were patiently heard, but his con-
duct and his decisions based upon his own
sound Judgment and discretion. This was Just and |
and no complained !: and herein |
is my criticism, to wit that even chronic fault
finders found nothing i'll his actions or decisions
to relieve their disease, or afford them ground for
But least my criticisms may turn out to be COM
Will simply say that by reason of his
with statutes and practice his ac-
curate and extensive legal learning, and his sterling
integrity, business was done with dispatch and ac-
cniHcy. Entire confidence possessed us all. Prac-
tlce was easy. Sellom We carried our hooks into
Court. After he had carefully examined and deci
ded case, we We're reluctant to carry it to a high
er Court. And while We all regret to have him
ieaIe the Bench 1t Is n consolation to have him
back TO or Bar And this | say, not bv way of
compliment or tattery for praise deserved is NOT
fattery nor is 1t unbecoming to say to his f1ce
what we feel and say i'll his absence
The following letters were read by George D.
Montanye, Esq
Troy, Pa, March 10, 1865
-NeSsrs. H. B. McKEAN and G. D. MoNTANYE, Com
1Gitee
Gentanea SirS Mr.. Smith has shown me a let
ter to him of the 9th inst by which | perceive |
that the members of the Bar of this County are to
tender to his Honor, Judge Mercur a Supper at
the Ward House, on the eve of the 18th inst
Nothing could give me greater pleasure than to
be present on that occasion. But business. which
| cannot forego, as well the state of the roads
render it impossible for me to be there
1t is eminently proper at this time to tender to
his Honor, our thanks for the able and impair
tlal manner III which he has performed his duty as
the Presiding Judge of this district
regret his retirement from the Bench Since he
was elevated to the position of Presiding Judge
he has introduced many new and useful rules, both
to the practice and discipline which has tended to
elevate and give more dignity to our profession |
wish HIM success in the future. Be pleased to ac-
cept my thanks for your kind invitation and re-
lnTNsn Il l15