Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-05-18
United States District and Circuit Courts.-May
Term.
HON. lI0YT II. WHEELER, PRESIDING.
WIynsoR Nav Ii 1877

W lNDsoh, way 10, lob.
The May Term of the United States Dis
trict and Circuit Courts was opened on
Tuesday afternoon. at Windsor. The court
dockets were called and no case appearing
ready for jury trial. the petit Jurors were
discharged. On motion of District Attor
ney b. F. Fiield, the following attorneys
were admitted to practice at this court
John F. Dean. of Cavendish; Clark Il.
Chapman, of Proctorsville; Clarence II.
Pitkin, of Montpelier George 7 Mooney,
of St. Adams. The remain.',r ui the after
noon was occupied with cour; hearings and
bankruptcy cases. At five O'Clock, Hon.
Il F. Fltield, with few well chosen words.
called the attention of the court to
the decease of the late Judge Smalley,
and moved an adjournment OF the court IN
til the following day as mark OF respect 10
his memory. His motion was seconded by
Hon. l.. p. Poland, Hon. +. j Phelps and
Hon. c. II. Heath, each of whom referred
in eulogis;ic terms to late distinguished
Judge, and the motion was granted by His
Honor, Judge Wheeler. Immediately alter
the adjournment of the cour; a meeting of
the members of the bar present was called
by District Attorney Fifcld. and organized
by the choice of Hon. Levi Underwood as
Chairman and W. L. Burnap as Secretary
- NNlHluilitG VI CONSISTING bl lht>-T-.
Il. F. Fliieli, f. j. Phelps ard l.. p Poland.
Was appointed to prepare resolutions OF
respect 10 the memory of Judge Smalley.
and report the same u the court this. We'd
ue>day, morning. The term will be conclud
I'd tC-lay.
ktMAEk- II NUMBERS or TIE EAR.
In rising to move the adjournment of the
United States Court at Windsor on Tuesday
afternoon. until the day following, az a
mark OF respect To the memory of the late
Judge Smai!cy. Hon L +. Fifeld. United
States District Attorney said That for
more than twenty years Judge Smalley had
presided 1T this court. and he desired to bear
testimony to his eminent qualities as a man
Al d as a Jurlst A. a man he was possessed
OF warm sympathles, generous and impul-
sivo nature. A. a judge he was remarkable
Tor the quckncss and correctness of his
legal perceptions and his fearless indepen-
dencc in the discharge of his public duties.
lie shrank from no judicial responsibility,
ON the contrary he rather cOurted 1T. Ills
intellect, ever IN the alert to sslZ3 the
cardinal pivotal points of case, and
his thorough knowledge oi the fundamental
principles OF the common law combined to |
make him an able and popular nisi prIus
Judge in the circuit. NJ Judge ever gave
greater satisfaction to :ho bar. lie present |
I'd IA case TO Il jury with great elearncSs and |
hirnes,s. That he had his faults no one
can dcny,-wh0 at Us Il perfect -; but these |
were rather the Outgruwth at his impulslye |
nature and 1t was not of these characters
ties but rather Of his great and nnquestiOn- !
ed legal abilities that he was disposed to |
speak. Take him all in all his memory will
be treasured III the hearts of all those !
who knew him. AID will he cherished with
the names Ot those eminent JUDGES who
preceded him upon the bench, and whose |
reputation has become forever identified
with the history Of Jurisprudence in oar
State.
Hon. l. +. Pulard rtmsiktd that. in sec
OndIng the motion of the District Attorney,
he could not refrain from aiding II word to
what had been 50 well and truly said by
him Of the character OF Judge Snallcy. lie
had know HIM more Intimately professionally
than Iudlcmlly- As lawyer lac could bear
witness To his remarkable ability. lie had
often said that ~ all his experience no had
never met with an. attorney. who without
any previous acquaintance with Il cause !
however conn Heated It rIisht b.. could as
quickly aud completely make himself mas
ter of it in all it, mtrichcicS A. Judge
Smaliry. 1t wa 81. quirkne>s and facility
OF cOmprchtudins the points IN IL ease that
gave HIM great ;.dyautagcS a. II nISi pms
Judge. lie could understand why this |
ready apprehension mI.ht he regarded as Il
defect IN his legal character for the reason
that he might not be willing to give sufil-
cIent thought to \ case htturc deciding It, !
In hIs personal character he nsidcrcd that |
an open irluknc>S in his dealings with men
VIZ hI~ pIInciral characteristic. His own |
rec lcttIou- # him were ali lmputd with
That kindly, friendly spirit which gen
,Ta.Iy rharar tcrz'i judge SmIllcy III all
his proics ioual as, cations.
Mr. Phcirs followed. expressing his hearty
concurrence IA what had been said. aud IN |
the prurrHty Of the motion Of the District
AttOrnry. He referred to his own carly AS |
soclatIun and long acquaintance with Judge |
Snallcy, and spoke warmly Of his qualities |
a. lawyer. Il Judge. anda man lie spoke |
OF him a. one ul the most elective and sue |
crssiul advocate lc'uTr II Jury hu had ever |
known. ready. frank, tar ana generous as |
well to opponents a. TREND, stlnding al |
WAYS Oh III, Iu-tIcc ui hIs case and carving |
with hIm the Tc.pcct and sympathy of |
iuTI,-- H. SPOKE ai-r # HIM ~ "A iudgc.
quick III perception. independent and able |
not iT,c from iuii!mItieS ard dei,,ts but |
CTIIng u-ualiy ON the rtsht side ut hIs ma
turc aud !,i,r,d To these brrsunll uual- |
ItIr~ that cldtHryd hun tn large circle
and nnho his business as-ucl, - his friends
Mr.. Heath concluded the remarks by say
ing that II was fitting that We should stup a