The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1869-02-19
pressed in the resolutions offered by the
members OF this bar. 70 "s...


My acquaintance commenced with MT.
Hayes little more than twenty years ago,
| In this place. He had then returned 10
the bar, from brief absence Of unsnc-
ccssful meroailtile life. The peculiar
powers Of his mind were then being Wig
Orously employed to take and hold COM
manding position at this bar, then EN-
bracing some of the ablest men In the
State. In o short time, by q thorough
preparation of his causes, and q remarka-
bly, clear presentation Of them, he com.
manded the attention Of the court ana
jury, and he soon became, desirable
counsellor and formidable opponent Ill
every branch of the law.
AS lawyer he was successful. His
mind was peculiarly adapted to the elnci-
dation of difficult questions. Seeing clear
ly not only the result, but the process
which led to It, he was able to commini-
cate both to his hearers, with great force
and clearness. No critic ever doubted or
denied this. He reasoned from principle
His conclusions were arrived at rs the
necessary result of the application. OF SET,
tied principles to the facts. He learned
what the decided cases should be, rather
than what they were. His brief carried
the inexorable logic of his case rather
than the multitude of analogous cases de-
cided by others. While he had great re-
spect for the decisions of courts Of last re-
sort. he did not receive them because they
were decisions, but because they were the
results of correct application of princi-
Piles older than the decision; and when
they failed to present to his mind this ac-
cordance with the fundamental rules OF
law he did moi. hesitate to attack and dis
sect them.
His practice at the bar was always hon
Orable to the court, and his brethren.
From him we looked for nothing else. lie
scorned all trickery, aud despised the dis
honest practitioner. He entertained such
sentiments and feelines upon this matter,
that he could not pity, but must loathe
He never sought by counsel and advice to
remedy the evil where he discovered It.
but Stunned the perpetrator. All he did
to cure was to denoupce 1t, and present
In himself an example every way worthy
In this particular of imitation. In matters
of practice his word was always taken and
never forfeited. lie was true to his client.
true TO the court, and honest with the
jury.
His style Of address was declamatory
rather than conversational. His gestures
were few and seldom out OF place. His
composition was chaste and positive In
form, and inclined to severity In terms.
He became composed In speech and fluent
in address by careful study and severe dis
cipline. In his early practice his address
to the jury indicated the previous prepara-
ton.
Seldom did he leave the path OF pure
logic and argument TO wander with the
Imagination In the realms of fancy. This
was not his forte. His cxordium and Pc
roration, were the same pure claste style
of the speech.
Many of us remember his forensic efforts
with local pride, and some can attest
that when they found him their opponent,
they involuntarily buckled their armor q
little tighter and grasped the weapons OF
conflict little iirmcr, feeling that every
weak point would be discovered and as
sailed.
Successful as he was, 1t was pleasure to
meet him In the conflicts of the forum. If
we failed we knew 1t was In an open, fair
contest: IL we succeeded II was success
over no ordinary opponent. He leaves
behind him no word, act or deed. to mar
the fair page of his record ut this bar.
He was no demagogue. Naturally re-
served, com ing to his conclusions by direct
process, all public circumlocution he re-
garded transparently dishonest. He pre-
sented on all occasions those arguments
which convinced himself. and II he ever
attempted to enforce a proposition against
his own convictions, the strong man be
came weak. and his failure was rs signal
In this, rs his success In the other.
He accepted the word Of God rs he
found Il written. With all his acumen,
with all his critical and anylltical mode Of
investigation, with all his conservatism
and hcsitating acceptatlon OF the Opin-
ions of others upon all other subjects, he
never doubted this, or was ever heard to
raise concerning II an audible query. Ii was
enough for him that, "thus 1t Is written."
He studied the Bible to learn from 1t rath-
er than Of Ii. Its great truths he recog.
nized as guide In all the Intercourse of
men. Religion to him was the practice
and cxemplification Ofthese truths under
whatever form of worship or creed he
found 1t. In this he sought the substance
rather than the form, and his summons to
depart found him with the Christians ar
NOR on ready to obey.
AS n citizen, hc held the fundamental
law of the land almost In reverence. The
Federal Constitution he regarded rs the
work of superior men, rs well rs superior
minds. and their wisdom he hever doubted.
Like the great moral chart OF the world,
he accepted its doctrines rs the only cor
rect rule of action; with all innovations
upon IL, he had no sympathy, believing 1t
perfect I'm itself and sufficient to meet oil
the desirable contingencies and changes
which should arise In the progress OF ma
tional existence.
Deeply impressed also with the impor-
tance of maintaining the reserved rights
of the people and the States, he was al.
ways Jealous of congressional action, and
conservative In politics.
He was man of strong attachments.
While many knew of him, few were ac-
auainted with him. Beneath his some
what rigid external there ras good
heart, charitable I'm It's impulses and for
giving In its nature. BY many he was
misunderstood. II was the few who saw
the gem, while the many observed the
casket. His external did Injustice to the
inner man with the stranger; with his asso-
ciates he was genial, social, cOnfidlng and
generous. When with them all reserve
was laid aside and he seemed new man.
1t was only In such circles he was truly
known and understood.
When any of the profession Of less cx-
perience appealed to him for Information
In matters of practice or concerning ques-
tions of law, no man more cheerfully fur
nishcd the desired Information. He took
great pleasure In furnishing such aid. He
was not the man to approach the young
practitioners and volunteer his advice {;
this he deemed ofiicious; but when the
way was open by any circumstance or act
of others inviting the act, he enjoyed the
opportunity to speak the friendly caution
and drop the encouraging word. ..-
At the bar In Suffolk County where he
last practiccd Inc was held In high esteem
not only as lawyer hut as citizen. Few
men have secured In so short time such
hold upon strangers. II was won by no
fawning sycophantic practices, but com
mandcd, and secured by an honorable un-
exccptionable practice In his profession,
united with extraordinary Intellectual
powers. .....
ma. ,,-o,,J .,ts,t,ot,o,, an, . ;,,.;st ,..l,tcl,