The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-09-30

viously acquired in his extensive practive, both
| in the state and federal courts. During his
continuance in that office it had happened that
quite number of grave and important cases
came before the Circuit Court in this district
Reference is made to the period prior to the pas
sage OF the act of Congress creating the Office
of circuit judge for each of the nine circuits.
Prior to that time. many of the cases in the
and those in which the subject of these re-
marks was officially engaged are fresh in my
memory. Such having been the fact, I can
bear personal testimony to the skill and ability
which characterized the management of the
government side of those cases. Prominent
among those cases was the trial of United
States " Holmes, who was indicted for murder
upon the high seas. Much excitement pre-
vailed, aud the defence was conducted by
George Evans, one of the ablest and most elo-
quent men Maine has ever produced. Young
as the district attorney was as compared with
bis able and powerful opponent, l remember
well to have felt that the prosecution suffered
nothing In the comparison, and that it was
skillfully and forcibly conducted, even when
placed by the side Of defence into which was
thrown all the mastery qualities and now ng
eloquencs of our greatest public speaker and
forensic advocate.
Distinguished as Judge Shepley was at the
bar, he was destined to exhibit high qualities
of mind and character other than those required
for successful lawyer, an able prosecuting
war of the rebellion broke out, and it appeared
that the insurgents were determined to make 1t
war of aggression as well as of defense, on
the twenty -seventh of September, 1861, he &C
cepted commission as colonel of the 18th
Maine volunteers. which was raised to form
part of the New England division of Gen. BeH-
jamin f. Buffers command. On the cccupa-
ton of New Orleans, he was made military
commandant of that city. In that arduous and
responsible place, he so admins tered the mill
f9rv and rnupioipal off to uni, he
and affections of the conquered and embittered
inhabitants, and to secure the confidence and
approval of all his superior officers. His duties
were both civil and military, and in both he
manifested great prudence, energy and ability,
which were repeatedly commended throughout
the country. President Lindoln subsequently
appointed him military governor of the State,
and promoted him to the high Office of briga-
der-general. Suffice it to say, without enter
ing further into the details of his military
Louisiana. he reported for duty in the depart
ment of Virginia and North Carolina, and was
placed in command of the military district of
Eastern Virginia. Delicate and responsible
duties were devolved upon him in all these sit
uations, and it is only simple justice to say that
in every position he occupied he performed his
duty with integrity and ability, and met the
highest ex pectatiOns of his most ardent friends.
Admit all that. .and still the position in which
Judge Shepley's faculties were called into their
ulSucbb tAoECiScs WAS III tub JuICldl puSlttOu
which he filled at the time of his lamented
death. Soon after the close of the war, the bug
mess in several OF the circuits had so immen sely
increased that it became no longer possible that
the duties should be performed by single
Judge, who was also charged with the PERFORM
ance of the duties devolved upon justice OF
the Supreme Court. Congress interposed. and
provided for the appointment of one circuit
Judge for each of the nine circuits. and Judge
Shepley, with the full concurrence OF the bar,
II
tant position in the first circuit Even Judicial
appointments are frequently the subject of
contest, but it is not going too far to say that
the appointment Of the late incumbent was
considered by all who knew him, as it was in
fact, only just and proper recognition of his
abilities and requirements as a lawyer. Since
his first entrance into the labOrious and compli-
Gated duties of the responsible Office to the day
of his sudden and lamented death, we all know
how faithfully, impartially and ably, he met
all the requirements of duty, and how satisfac-
torily he presided in the administration of
justice in the several districts of the circuit.
None who ever saw him presiding in court will
deny that the clear and penetrating qualities
of his mind, and his quick and powerful COM
prehension, fitted him in remarkable degree
for promptly approaching and grasping the
vital and essential points of case when
presented for his adjudication, and for
formulating the inquiry upon which the de-
cision would depend in cases where the issue
was to be submitted to the jury. Minds thus
constituted easily break through the outworks
of controversy which always, more or less,
surround every case of magnitude and i'm
portance, and come face to face with such facts
as are material, and show what the real merits
of the litigation are, which, when ascertained,
render the controversy one of easy solution.
Legal controversies usually depend upon few
essential elements. which, when properly ascer-
tanned, furnish the true basis of judicial judg.
ment, and few Of my judicial acquaintance
understood that rule of investigation better
than tie subject of these remarks, or possessed
a more acute and discriminating mind. or
clearer apprehension in the selection of such
elements in given case, or in arranging the
same in proper order to illustrate the true
character of the issues between the parties.
Differences of opinion upon that subject can
not arise; and he was equally well qualified
for judicial duty in the application Of legal
principles to the ascertained facts of case.
Truth often lies In narrow compass, but il
still oftener resides in an accurate and just dis
elimination, or 10 clear and intelligent separ-
alton of one principle of law from another,
each closely kindred to the other, or In Illus
trating, by mere discrimination, that rule of
law applicable in one case is not applicable in
another. For such important and sometimes
delic ate mental operations in judicial action,
Judge Shepley was in every way qualified, and
he exemplified those powers in the daily dis
charge of his official duty. His opinions ex-
hibit clearness of mental perception, and point
and force in the process of reasoning leading
up to his ultimate conclusion. They are not so
much characterized by the discussion or bal
ancing of presidents aad authorities. as by
direct dealing with the particular traits
or features of each case and
conspicuous delineaton Of the distinct
pecaliarties. as reasons for the par
ticular decision or conclusion of the court. 1t
is especially to be regretted by US, looking as
men at the event of his decease, that one so
we'll qualified to be a judge, possessing as he
did the confidence and esteem OF his fellow
men, having become familiar with the duties
of his position, and in the very fruit-time of
life, should not have been permitted by years
of increasing experience and usefulness, to
make his further contributions to the judici al
literature of the country.
OF an amiable aud affectionate nature, Judge
ShepIey will long be remembered by wide
circle of personal friends, and in that closer
and more sacred precinct of relationship and
family, wherein he was most dev0tedly loved,
aud to whom his loss can never be made good.
Business men here will also long miss his
counsel and advice in many important situa-
tions left vacant by his death, which it will be
difficult TO fill to such universal acceptance as
was manifested towards the subject of these
remarks
In speaking of Judge Shepley, my mind is,
by the force of association, irresistibly borne
back to far earlier period than that of his
active life, and memory recalls the form of his
venerable father, for many years the chief jas
tce of our highest court, whom knew from
my first arrival here from my native state.
When first came to Maine, young and with
out acquaintances, 1 received words of couu sci
and ADVICE from the elder Judge ShepIey, the
following of which exercised a most
important and favorable influence up
on all the subsequent years of my
life. Neither those nor the author will ever be
forgotten. Called upon, to lay, to speak of the
life and character of the son, the image of the
father rises also in mind. Thus father and son
have passed through the period of their tenn
poral labors, duties and trials, and together, as
we trust and believe, look out upon that new
and noble life which all humanity has ever, in
some form, regarded as one of freedom from
trouble, sorrow and pain. Let rs cherish their
memories and profit by their eminent exam
pies.
Both the resolutions aId proceedings, and
the remarks of the members Of the bar and of
the Court will be entered in the minutes, and
the court stands adjourned until Monday next,
at ten O'clock.
Personal.
The Dramatic News says Joe Wheelock is
the coming man of the New York stage.
Jabez Jenkins and wife celebrated their