Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-11-12

= ' ~ 'ne quaillts designated
fdaey' imagination, hullianey, genius, his
mind was made up Of a clear and ready
perception, acuteness IT discrimination. n
iaelle faculty Of analysis, an aplness and
ease IN rigid and simple logic, excellent
common sense, and, wllhal, q most ,ena-
elous memory Of facts In the exercise
and combined operation Of these leading
faculties, he apprehended aud appreciated
principles in law, and poll
ties, and ethics, and religion, with great
readiness and business, aud gathered and
held in mind large Accommodations and COM
bnatons Of facts relating to, aud consti-
ln,ing the substance OF, the subjects TO
which principles Were to be practically APP
piled for the purpose Of bringing out Just
results IN reasoning and in actual life.
These qualities OF mind enabled him 10
serve and answer al the substantial pur>
poses Of professional and judicial ayoca-
ton, without his becoming emphaucally
iuridlclal scholar, in the sense in which We
contemplate and speak of'kent, and Story,
and prentlss, and Cowon. lie was not
indeed widely read or learned outside Of
what appertained 10 his cases and the sub
jects Of the law involved in them, and was
requisite TO be known, in order to thor
ough understanding and handling Of the
cases themselves. In the early period OF
his practice his library was very limited.
Blackstone and Espinasse's Nisi Prlus, and
Salts System, and Chltty's and Storys
pleadngs and Philips Evidence edition OF
lS29) being his text books and Nathan
iel Chipman's, and Tyler's Reports-they
being all Of State reports tina, were pub
hshel TIL 1921, when Brayton, and 1924,
,,hen Daniel Chapman had their reports
pp, IN print and Williams Abridgment,
beng a dlgested summary of the cases re
ported during the golden age Of the En-
gish judicial law, in the reign Of George
Ill, down 10 1898, constituting his entire
body Of reports. What these books con
tanned he knew not as mere matters OF
recollection their substance became in
corrora,el as matter Of consciousness INTO
the yerr substance Of his mind, which
thus became thoroughly indoctrnsted and
imhued with the foundation principles upon
which the super structure Of his profess
ioual greatness arose. He was 4 living aud
instructive Illustration Of the difference be
tween 'reading law and studying the
law" Ills library grew apace as means
increased and felt need required, but was
never larse-hardiy up TO what very or
binary beginners and very moderate pro
Gcieuls in the profession would, IN present
times, deem necessary, at any rate Tor APP
pearance sake, if not for use. 1t IS near
~ all before me now, as | am writing IA
my own private ofice, and constitutes only
abou, one-fourlh Of the library by which
| am surrounded, and which IN all Is no
large
While he would handle the specific case
with ample knowledge Of the law involved
in it, or bearing upon II, he had not that
amplitude Of professional scholarship, that
would have enabled him TO write a full
treatise on the subject for the instruction
of others and while he had remarka~
Die faculty. and facility Tor presenting, de-
velopins aul applying legal principles
with the most direct point and raipaoIe
c!earuess. be- did very little by way OF an
-. - -. l,,,o -, -
aI"S'r"I !lI9s'F%'ou u'"" u .1',' ~. No.,
meN's "' 'e ~" , ,,p' ",'"." , h..
..he oil MS ''''' n'S o.'''. ,,r,,,s a.
advocate, and equally ms written opinions
as Judge. WAie IN such opinions the
very point IN judgment Is brought out
with unsurpassed djsunctness, and the d.
r.,, reasons G,r the indgmen, are presented
..;,t ,,...,,,.,,.,l r..rsniruiry. they. contain
,..ry l,rla lr.,1et either Tor instruction
IN ,,.s,r Il, ,hs " Of the subjer, ont
s.de # tbs case. and they constitute bar
rem rq...-ee for = nr.tty LARGE class OF
/ LAWYERS vls are a. greedy for. ana are as
/ ,.clt r.g,,, with. the oJjier learned slop
| pin-. Il ..,.... and nre,entIous ESSAYS Ia
! n. f.,a If .,.jlr,ai oriuiops a, for and
,.,,b ~. ,e,.,-. r,int and marrow Of tho
...' $3.50
| ND ,...,,., IN.
" - ~ 80. TT H. TT 1915
so.' - '.. ', - Us s-' - Nah tsId =,
us 'e'', ,i7 us - ~ 800, anJ =,
was NY ~ ''''o ~ n's -, a,I ,.,
see u'' i''''e'. ia VIC r L'''"'-o.' ~
OF 'AS's III al '''' "iSNe' =,
the SuPrel'e E"VF' nay ne''.u u ,i ''', =
arguments "u''u' ioF 'IIe H5a' Tue! S",
:, ulon The questions IN Is. ue, ior Pr"tf'e'f
/ Of treatment tor acn.eness Oh alScIl'''na.
ton ana cleafheSs e. ais',hc'lo"S, 'or III
rectneSs ana ioF'e oi logi'al Ieaso''''i "'',
Tor sensi bieness ana luuleIou'ueSs Oh 'r"S
teal aplolcatiGn, nave never he"' = ~. ~.
passed As a Lawyer IN 'h Is, Ioun'y J. Cd" our,
he was Que o' ,.e ii'ost sN. .t ",i' ~
cessu! lhaF PIr"c'Ia'eu IN 'i'e oe''u',, ...
HAT arena. lie was lnarhgu anu i'e0u'. luna.
IN his modes ana style. hlS eases Ne''
always tired upon distinct and compr'
henssye legal theory, embraced IN as le"
simple propositions Of law as "ouiu tni
body and MAINTAIN The rights ne cIaliI'e e