The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-01-12
JOSEPH HOWARD.
Action of the Supreme Court R emarks
by Members of Cumberland Bar-Eseply
by badge Observation-Disclosures Adopt


| Court yesterday morning appropriate actor
| was taken upon the death of Judge JOSEPH
Howard. Cumberland Bar was largely repre-
| sented and the opening remarks we're made BY
the Hon. N. S Littlefeld, who spoke as fol
! lows,
May 1t Please Your Honor:-Since the last
| term of this court ia this county death has re-
moved from this bar one of lis most distin.
| guished. and its Oldest member, the late joseph
| Howard, an ex-member of this court Custom
| So we'll as inclination, requires that we shonIj
| pause 10 the transaction of the ordinary hnsi.
/ ness of this SESSION Of the court, and nav onr
/ tribute of respect add affection to the 1nemorv
| of our much beloved friend and associ4ts as
we'll of the court as the bar
| The Cumberland Bar Association have adopt-
ed series OF resolutions pertinent to the ocoa-
| sion, which will be presented in the Or lper or
| der with a request that they be extended ppop
| the records of the court
| The duty assigned ne in the proceedings OF
| this occasion is performed by this annnnnce-
| ment Of the decease of our late brother; but mr.
| long acquaintance and intimacy, aud nointer
rupted friendship with our late asso slate if not
requiring anything more of me, will hope ex-
cuse me for few words in relation toh i'm per-
| sonalIy and professionally TIE common say
ing that death loves shining mark" has been
confirmed by the late calls made on ex-mem-
bers of this court.
Less than two years ago. six Of such memb bars
were living: Chief Justice ShepIey, Associate
Justices Kent, Cutting, Howard, May, and
Tapley. Only two of that number now rem ain,
May and Tapley. Appropriate notices of those
deceased, except the last. have been had at the
proper times and places, and this il the time
aud place to notice ia proper manner the last
call from our ranks
The circumstances of the death of Jsdpe
Howard were peculiar. On an early day in the
month of December last he left bis home in this
city with the Intention of spending the balance
/. of that day with his only brother and family,
on the old homestead in Brownfeld and Of
spending the next day at Fryeburg, where the
Oxford County December term of this court
was being held by Judge Virgin. Arriving at
Brownfield about noon he went to his brothers.
hone, and after dinner, it being pleasant, he
went out alone and went over the farm on which
he was boru Failing to return as soon as ex-
pected, his lifeless body was found not far from
the dwelling house. 1t was evident that death
overlook him while on his return from his ex.
cursion He had IN his hand bunch of ever
green, emblema'ieal of his memory which will
Irvine around our hearts until they cease to
beat.
Intelligence of his death and its circumstances
reached the court at Fryebufg in an hour or two
after its occurrence [ was attending the court
there at the time, aud several others of the
Cumberland Bar, nearly all the members of
the Oxford Bar aud several of the York Bar.
A member of the York Bar informed as hat he
rode in car an hour or SO with Judge Howard
within two or three hours of his death; that he
conversed with him all the way, and he an
peared in his usual health, and in bis long ac-
qualntance with him he never saw him more
cheerful and in better spirits than he was at
that interview.
Judge Howard was born in Brownfield, Ok
ford county. At the time of his de lth he was
seventy years of age. His preliminary
education was obtained at Fryeburg Academy.
He graduated at Bowdoin College in 1921. tax
ing high rank 10 his class. and Immediately
CONNIE Decd the study of the law in the office of
Judge Dana, who was judge prior to the
separation OF Maine from Massachusetts,. He
completed bis law studies IN thu Office of the
late Hon. Daoiel Goodenow, aod was admitted
to the Bar 10 1924. He first opened an Office at
Brldgton in this county. Within year John
Burnbam, successful lawyer in Limerick in
York county, died suddenly and Mr. Howard
Immediately removed there where he remained
in successful practice for twelve or fifteen years.
While quite young he received the appoint
ment of County Attorney for York county.
and performed the duties of that Office with
great credit to himself a1d advantage to tia
State for about ten years.
In 1887 he removed from Limerick to Port
land, and soon after formed partnership with
Henry B. Osgood, his brother-in-law, their
wives being the accomplished daughters of
Judge Dana and sisters of the late Governor
john W. Dana. After the decease of Mr.. Os-
good he and George f. Shepley, COW Judge of
the U. s. Circuit Court, formed a partnersbin
which continued till 184S, when the senior
partner was appointed an associate Justice of
this court. Prior to that time he filled the
office of U. S. Attorney for Maine District for
several years. When his term of office expired
as justice of this court he was in the prime OF
life and soon after formed a partnership with
our genial and talented brother, Sewall O.
Strout, which firm continued several wears
when it was dissolved to enable the Judge to
associate with him in business his son-in law.
Nathan Cleayes, now the popular Judge of
Probate for Cumberland county. Afterwards
Henry u: Cleaves. Esq now the efficient city
solicitor for the city of Portland, was admitted
as member of the firm, which was dissolved
by the death OF the senior partner, the event
we are called upon to notice.
first became acquainted with Judge How
ard when he came to Alfred, my native town,
and entered the office of Judge Goodsnow as
student. was then seventeen years old he
twentY-one. L was engaged in the office of
clerk OF courts for York county, and at what
leisure could command making preparation
to commence the study of the law. was re-
citing my Latin Lessons to Judge Goodenow,
who hrst started the idea of making LAWYER
OF me, and after Mr.. Howard came he assumed
the place of Judge Goodenow so far as nv les
sons were concerned. From that time to the
day of his death, more than half a century, we
have been on terms of intimate friendship and
confidence. l think 1 am able to speak cor
rectly in relation to the prominent traits of his
character
AS SOB, as brother, as husband rs a
father, as friend. as man and as gentle
man he was all that could be desired, he was
as near perfection as humanity will allow As
a counsellor he was in all respects perfectly
reliable aud safe. AS prosecuting officer he
was energetic and thorough As a Judge he
was patient, affable, untiring, and an earnes,
seeker after the truth. He would rule point
manner that the disappointment would be
snorn to great extent of its unpleasantness
dis opinions on questions of law are models of
eonciseness not at the expense of perspcuity.
He never buried his ideas in words.
One remarkable trait of Judge Towards
character was that he was never angry In all
my intercourse with him l never knew him to
snow the least APPEARANCE of anger He had
keen sense Of right and wrong and knew we'll
when he was wronged but an angry word never
escaped him as far as l know. have seen him
disgusted, bpt never angry
In the early days of my practice in this coun-
ty no young practitioner had the temerity to
contest cases 10 the jury until he had practised
many years. If he did he must m eet such men
as Bep}amln Orr, Simon Greenleaf, Stephen
Longfellow, Samuel Fessenden, Thomas A.
Deblois, Nicholas Emery, Charles S. Davies.
who were the legal giants of those days. The
young lawyers must have senior counsel. [
have had al OF those ABOVE named, except tho
nrst, at different times associated with me in
the trial OF my cases. After j Judge Howard
came to Portland, be and [ together OCCASION
ally ventured to contest cases with the old
members of the bar in this county, and after
long while ventursd to go alone and it came
about that myself and my good friend, Judge
Howard would take opposite sides and for the
last twenty years we have been placed many
times in this and other counties in that PEST
ton. The object of this is to say that [ have
always found him the same magnanimous and
honorable opponent in such cases as found BIZ m
faithful and true when we were associated
together.
He. was always willing to aid the young
members of the bar and encourage tkem to rely
upon themselves in the prosecution of their
professional duties
Ii any one aims to be the perfect man and
gentleman aud all that the term implies when
ever he reaches the point to which our beloved
and deceased friend arrived, he NAV be as
sured that there is but little chance to 90 higher
in that direction.
He is gone. We shall see his manly form
no more. We shall see his pleasant face no
more. We shall grasp his friendly hand no
more. We shall hear his friendly and cheerful
voice no mole. His exam pie is left to u.s. IL
we cannot attain to his standard NAV we get
as near it as we can.
MR.. s. G. sTRoUT's REMARKS.
May it please your Honor: am charged with
the duty of presenting to your honor the reso-
lutions adopted by this Bar upon the death of
our late brother, Judge Howard, which has
now been announced.
Tn snaakino of a mon iiba him 4boxo :, 1890