The Portland daily press., 1866-08-08
Chief Jnstice whitman.


nrS. day OF August, and was buried in Port
anu which for near fifty years had been the
p'ace Oh his residence, on the 4th inst. The
''r assembled at the church from which he
vas ouried 10 pay their last respects to their
eiuest member. We noticed amono them b;s
'orlhef associate on the bench. c. I sbenlev
and Judges Ware, Howard and Fitch NJ
Evans and MIR. Fessenden. Judge Whitman
was born on the 9th of March, 177e; he and
sister who still survives in her s0tb wear
were LEFT orphans; his father died when ba
was less than three years CID, and his mother
when he was but 13. Kind friends watched
over his earlier years, prepared him for col
eye, and never ceased to minister to him.
This kindness he never forgot, and returned
it to the children OF his venerable uncle, the
Rev. Levi Whitman, in fourfold measure. He
graduated at Brown University in 1905, and
believed TO have been, at the time of his
leath, the Oldest surviving graduate. His
classmate and friend, VIM. Baylies of West
oriugwater. long the most eloquent advocate
,, tne Plymouth bar, died two years ago. His
ilma mater conferred upon both these distin-
| sulsned men the well deserved honor of Doc
'or OF Laws, and Bowdoin College also be-
lowed upon Judge Whitman the same de-
gree. 4 aN.iiI
Judge Whitman pursued his legal studes
under great advantages, with B enjamin Whit
man, then of Hanover, afterwards of Boston,
and the late Judge Mitchell of Bridgwater,
having much of the time charge of his busi-
ness, and the management of his justice
cases. He was admitted to the Plymouth
bar In the Spring Of 100, and in April OF
that year came to Maine. The horse which
bore him on this long and tedious journey of
tour or five days, bore also upon his back all
his worldly effects. He spent a few days
IN New Gloucester with his classmate, Peleg
chandler, and then pursued his way to the
humble village of Turner, choosing, with a
natural modesty, to break into the world in a
very weak place. He continued there but
our months when finding vacancy in New
gloucester, then a half shire town, by the
removal of Samuel Thatcher to Warren, to
all the late Judge Wilde's place, he estab
lshed himself in that town. Mr. Thatcher IS
still living the oldest member of the Cumber-
land bar, the Oldest surviving graduate Of Har-
vard, which he left in 1793, and the Oldest sur
viving member of Congress, having tesn
member in 1902, and is yet four months
younger than Judge Whitman
Judge Whitman's practice increased go randi
iy1n New Gloucester that he found it most con-
Venient for him to reside in Portland. and i,
January, 1907, he moved to this place, then as
now, the commercial capital of the State. He
often entered a hundred actions term in tho
common Pleas, and his practice was of the best
quality He had among his competitors, law
RS of the highest rank either in this STAT
u any other, among whom we need only men
tion the names ofthe Chief Justice Parker and
Solicitor General Davis, both afterwards
OF Mass. Chief Justice Meren, Wu.
Symmes, Salmon Chase, James D. HOPKINS
and Stephen Longfellow, all of whom have lonr-
preceded him to higher tribunal. He was ex-
uopSxs.r with his associates at the har
ene court and the people, ons only for his oan;.l
and gentle manners, but for his perfect caosS.-
integrity and unquestioned ability His arcu-
ments, both to the Court and jury were charac-
terized by great directness and simplicity. and
clear and fair presentation of the points in
controversy. He never resorted to the arts Of
the rhetorician, or the tricks of a pettifooeer
this gave him great infuence,with the jury, who
prepossessed by his grave and judicious man
ner were secured by the plainness and honesty
oil his speech; he spoke to enlighten and not to
dazzle or deceive. His popularity with the peo-
pie Is attested by his election to Congress in
1908, period ofg great political excitement. and
his subsequent election in 1916 and the two
following terms He, with the late Josiah
Quincy and VIM. Baylies, were the last suryiy-
ors ofthe 11th Congress of 1903 and 1sOo all
having attained the age of 90 years, and now
the last survivor has himself followed. Mr..
Thatcher still remains the Oldest living mem
Der of that body from 1902 to 1905 having passed
his 9Oth year. Judge Whitman was also one of
the executive council cf Mass, in 1915 and 1916.
and a member both of the famous BrunswicIt
convention of1S16, and of that of 1919. which
framed the constitution of Maine, and was 9.
prominent member ofthe committee which
prepared that instrument. In 1922. while hold
ing seat in Congress, he was appointed Chief
Justice of the court of Common Pleas, and con-
tinued at the head of that court, and of the Dis
trict Court which succeeded it, for q period of
nineteen years, and in 1871 he was appointed
ChiefJustice ofthe Supreme Court of Maine.
This office he held until near the close of 1913.
when at the age of Y 1-2 years he resigned his
position and retired to private life which he
never afterwards left Nature seemed to have
formed him for the judicial office; grave, calm,
dignifed and while he was firm in the admins
tration ofjustice, he tempered it with mercy.
and was so clear in his great office, SO impartial
and wise in his judgments, that he gave univer-
sal satisfaction upon the bench, and conferred
dignity and honor on the cause of iurispru-
dence and the administration ofjustice in our
| State.
In 1899, Judge Whitman married Hannah, a
daughter of Gushing Mitchell of East Bridge
water and sister of Judge Nahum Mitchell. bv
whom he had a son and two daughters, the son
and one daughter survive. The death of
| his wife in 1852 severed connection which had
| happily subssted for more than 50 years and
| was principal inducement to him to return to
his and his wife's native place. to seek in its Sc
| clusion the quiet which he loved, and the asso-
Citations of his early days. Here enjoying the
two-fold blessing of sound mind in sound
body he passed a serene old age, dispensing
| steadily and literally of his means to minister
comfort to the needy and relieve distress. And
to his last day he kept his heart fresh and green
from perennial fountain of charity and benevo-
lence. His latest act was donation
to the sufferers of Portland. Judge Whit
man in private as well as in public
life was ever true and faithful; his con
duct was uniformly upright, unselfish and sin
| gularly Conscientious in an acquaintance with
him of more than halfa century, most of it
| quite intimately I never knew him guilty Of o
mean or unworthy action, and never heard OF
his committing one; he was exceedingly sensi-
tive to any kind of deception or fraud, and
while on the benehitwill be remembered how
whitening was his frown upon any attempt to
sustain fraudulent transaction.
| ..Nor pumher nor example wrought
To swervc from truth chinge his stcadE,st heart