The Portland daily press., 1869-03-25
Proceedings i'm the Superior Coars sn she
Death of GEN. Samuel Feasendem.

Proceedings I'm the Superior Court en- she
Death Of Gem. samuel Fessenien.
Yesterday, morning, in the Superior Court,
Mr.. Nathan Webb the County Attorney,
moved that the Court be adjourned until
Thursday morning, in order that the members
of the Bar might have an opportunity to at
tend the funeral of the late Gen. Fessenden
that afternoon.
Hon. William L. Putnam seconded the mo-
ton in the following words
The proceedings, coming from this Court
and this Bar are something more than mat
are the relations of this fraternity, so different
are they from those merely of business eon-
nections, that we rejoice in each others fri
umphs and successes; that we symnatbize
fully with each others affections; and that our
uniting with kindred in paying tribute to those
of our brethren who may be taken from ns is
always impressed with heartfelt sadness and
grief Particularly are these things true ON
the present occasion, when, together with kim
dred SO esteemed as members of our legal circle
patriarch of their family, who himself has also
been long revered by us as the honored natri-
arch of the Cumberland Bar
1t is not for me, on this occasion to attempt
any historical description of the honorable,
conscientious courageous and successful hattie
which he has fought while generations nassed
away around him. Others have already done
this briefly, and other perhaps will do so AGAIN
more fully. Others perhaps will describe him
as the Nestor of the Bar; but as for me pre-
| fer to remember him as a true American. horn
| upon Yankee soil, where he early inhaled the
| vigorous atmosphere of the White Mountain
| ranges and upon them grew to a gigantic stat
ure, alike of body, intellect and soul; and also
as lawyer, who. through an extended and
successful practice, has given to us yonnger
| Attorneys a brilliant example of fidelity to
clients, integrity to his profession, and hearty
courtesy to the Bench and his associates at the
| Bar.
l hope the motion of the County Attorney
| will be allowed.
John Neal, Esq, followed Mr.. Putnam. He
said he had known Gen. Fessenden for over
forty years, and had during that period con-
stant intercourse with him. He considered
Gen. Fessenden man of capacious intellect;
one that grasped the whole subject at once
that was brought to his attention, with all its
details He sifted case thoroughly, and that
was the reason why he was so successful. He
was of the Websterian type. In conclusion,
he would say they had come together to re-
| joice at the bright example the General had
left to them, and not to grieve over his loss
Judge Goddard in reply to the motion,
spoke as follows:
The death of such man as Gen Fessenden
merits more than ordinary notice from the pro-
fession of which he was so eminent an orna-
| ment.
Admitted in 1909, he was for full half CEN
tury in active practice in all the Courts of this
| county, and that at time when such men as
Greenleaf, Or, Longfellow and Preble made
| 1t impossible for any man to be sfdcile pri1a-
ceps." Perhaps his closest competitor for
many years was the distinguished author of
| that Treatise on Evidence whose authority is
accepted wherever the English language is
| spoken or the common law recognized, Par
mobile frotruna! Yet at the period of INV ear
lest recollection, Gen. Fessenden was contes-
| sedly at the head of our Bar, distinction he
had achieved, presume, before I was born.
| and which he held until the infrmities of age
| led to his retirement.
Probably no lawyer in Maine ever argued so
many cases to a jury, and perhaps none has
tried more important questions of law before
| the Court-certainly none has been more sue
eessful, either in civil or criminal practice
Unlike many of our most eminent American
lawyers, Gen. Fessenden's professional life was
uninterrupted. His herculean frame permit
ted fifty years of unremitted labor, and his
| well balanced and vigorous mind was proof
| against the allurements of ambition and the
| Establishments of ease. With abilities of the
r.
| sonal popularity, and possessing the unbound-
ed confidence of his fellow -citiEens, the high
| est seat on the Bench or the most honora6ie
| office in the pift of the State mioht have haan
| at his command: but neither iud1cial or nolit;
cal honors conId temnt him from that nrntes-
sion yvbosa nroctica vae he Ja,;Lt ~ ~:
| life "A0 A''
In fidelity to the interests OF his clients Gen.
Fessenden probably never had his superior in
this or any other State:-in criminal trials his
devotion was absolute.
Blessed with the largest measure of that
apostolic grace which we are assured is worth
all the rest, even that unfailing charity which
believeth all things, his boundless sympathy so
thoroughly identified him with the prisoner
that he substantially underwent trial in his
clients stead; by a sort of professional clair
voyance imputing to the respondent his own
virtues, he saw the culprit in the dock trans
figured to the innocent victim of persecution
or mistake ~.
To his exhaustless and magnetic sympathy
with, and total absorption in the interests Of
ms clients, more even than to his commanding
talents, great learning and varied experience,
: a.n nncaneo 70 attIlpuse DIS almost unvary-
ny SUCCESS III criminai oeiences, many OF
WHEN appeareo TO all out MIN and the jury
wv W;th;,,p +rsas,t,, .or. r how, x,
Witnih twenty years nave neard h1m say
a5;. sna. ne mao never aeiendso person whom ne
psnevsu g9'ity oi Tue onence WIN wnlcn ne
Wa, was ona.seu dIu h .nat inueed ne mad never
o. Earsordoss y. -. -,
tb;nL ,vnniS hava baan saea; lawyer, anu
anv har in the courtry R,t ha as as suom oh a.
moyra@far oa NOV ,,oau ~ craot =; Il: h;s was mGcn
ond vat ,ara ~ ,,ot ,.as - n,s t G''ni
EassonJa Pakb,,,, liz" ~ - III liz ~
cerned the material moral inteiectnaI M "r roiia
ons or nolit;caI yvaita 70 Of hs e1,n" o., ES;
isa was haont;f,I ;Instrat;on of that ,,his
linz Of Tsromce - '-"' -'"'e
sruo. .,,,,, .,,a, ..,
mono sum humanl niMi me anenum puto.
Although by no means disciple of the
Iasn9napie numanltarlanlsm OF the present
DAY, ne was an ardent consistent and pro-
Iound pnilantnroPlst. 10 MS lmpartlai eye,
olrtn, titles, social dlstlnctlon, wealth, political
nonors, nay, the wnole fabric OF the state was
OF no account, II ~ rested on hoary wrong,
crusEeo tne ilghts OF tne ioWnest, OF oDstruct-
ed the eievauon ana redemption OF the op-
pcesseo. "A wnoie generaIon ago, ne was one
on enJ sery lew ulssing ulsneo nen ~ tne couh-
tty Ay VIZ mno mere ps:leo.y eAanG,paeeH rom tne
n,sa hsa. ~ oolol 10 MS gen
erous neart inc conpiexion as Wen as
r 1.-The rank was but the guinea's stamp,
Ine mans tne gowd ior q tnaf
Inc national crime OF slavery and the suffer
ings of the defeneeless victims OF Southern ty-
ranny were always fresh and never to be
mentioned without indignation and abhor-
ence
Yet his Judgment ON public affairs was not
clouded by his feelings. When law-student,
nearly quarter of century since, well re-
member hearing him in the lobby of the old
Court House publicly predict the approach of
the rebellion with a vigor of language worthy
OF an inspired prophet. %
Yet such was his personal and professional
independence that he successfully conducted