The Portland daily press., 1880-02-06
MOSES NJ. BUTLER.
Proceedings in the Supreme Court.


Mr.. Bradbury said:
Nay it please the Court:
The Cumberland Bar Association sincerel,
deploring the decease of their brother, the lat
Moses NJ. Butler, and desiring to place upon thu
records of this Court, in enduring perpetuatioi
of his memory, an expression of their apprecia
ton of his virtues as a man and a citizen, hi
conspicuous eminence in his profession, an(
his rare fidelity, independence and executive
ability as public officer, have embodied theil
sentiments in the form of resolves, which
with the permission of your Honor, will nov
be presented by committee appointed fol
that purpose,
THE RESOLUTIONS.
Mr.. James D. Fessenden, chairman OF thu
committee, presented the following resolutions
prefacsing them with fitting remarks, which he
preferred not to have published:
The decease of Moses NJ. Butler, so lately
sharing with us the daily duties and cares Of
professional life who was stricken with a NOR
tai blow while engaged in Court, where he had
SO long laborpd and had gained many honors,
specially admonishes us. his brethren, of the
freii tenure of life and calls upon us appropri-
ately to express our sentiments at his depart
ure. Therefore,
Resolued, That the Cumberland Bar, in the
sudden death of Moses NJ. Butler, has suffered
an irreparable loss,
ReSoLoed, That this Bar bears its willing
testimony to the mental vigor, business sagaci-
ty and professional learning of the deceased.
His course, from the date of his earliest en-
trance upon legal study to the hour when at
tackled with that sickness which was in so few
days to terminate his earthly existence, was
marked by the closest application and most
untring diligence. To his chosen profession
he devoted his energies and talents with sin
genesS of aim and fiXedness of purpose. Very
early after his admission to the bar he became
prominent, and had cast on him the toll and
responsibility OF a large and important prae-
tice. All who remember him in those days
will unite in saying that he bore his part well
and successfully. His Judgment was sound.
his perceptions clear, and his logic close.
When to his vigorous and well cultivated in
teliectual powers, were added the diligent and
exhaustive study of the law and his large ac-
quaintance with the methods and forms of
business, the result he SO well illustrated, a
skilled and able lawyer-was easy to predict.
Resotred, That the public and professional
career Or Mr.. Butler has secured for him a dis
tinguisbed place in the roll Of eminent men
who have adorned this bar.
ReSolced, That this Bar unites with the pub
lie at large in deploring the sudden termina-
course of public service. gag
ReSotced That we send our sympathy to
the afflicted family.
ReSoloed That the Supreme Judicial Court
be requested to extend this expression of re-
spect upon its records.
Hon. Nathan Webb then addressed the
Court in feeling and eloquent terms but also
declined to allow his remarks to be published
At the close of Mr.. Webbs remarks Judge
Symonds replied as follows.
Gentlemen of the Bar.
When one of the foremost of our number
falls suddenly from his accustomed place, UNI
der blow that brings with it the certainty OF
immediate death, it would be strange il we
did not pause, all of us-the NEST hurried, the
most pressed by care, forgetful whether faults
of character existed or not, to linger upon the
memory of his virtues, to gather the gold OF
experience from the ashes Of his life con-
sumed, and as for the moment the illusions re
cede, under which the things of this world
and the life we lead here seems all in all, to
behold in the new light, with viyidness from
which we shrink, how near on every hand are
the boundaries where all human experience
touches unreality, as the sea meets the sky.
There was something deeply impressive to
me in the manner of Mr.. Buffers death. His
life was complete, to its very close, with labo-
rious and useful SERVICE he sank from labor to
rest, almost unconscious OF the change. Even
after the signs of serious illness were only too
apparent to those who were here, something of
his old self-reliance asserted itself. and he re-
lucJantly accepted the proffered services of
friends, or courteously declined them. He sat
in his chair as il waiting for the momentary
dizziness or faintness which oppressed him to
pass away; while all the time an increasing
dimness was obscuring his sight, IN the clear
of his mind darkness was gather
ing and heaviness was deepening into lethar-
gy. The sleep which gives way only to death
was soon heavy upon his eyelids.
BY what beneficence Of natural law does IN
tread so swiftly upon the foot
steps of pain!
H., e 4aI all
at the close of well-spent life, does not seem
to me to be the sudden death against which
prayer should be uttered 1t is rather that
''easeful DEATH with which Keats, as he lay
in pain awaiting its approach, for many time
was half in love, fancying it then rich to die,
to cease upon the midnight with no pain.
1t is undoubtedly true that, at one period of
his career Mr.. Butler committed the mistake
Of devoting himself too exclusively, too unin-
to his profession. | speak of it as
a mistake, although that is scarcely the word
to describe the combination Of circumstances,
the pressure of events, which sometimes impel
us in q course of conduct we know is to our
harm. For many years he bore alone the
heavy responsibilities of q large practice He
worked regularly at night as we'll as by day.
His face was pale and anxious one, and his
step was hurried and eager. He allowed him
self but slight margin for recreation, or for
change and variety of pursuit. He loltered at
hone of the shines along the wayside, but
llodded ceaselesSly upon the highway. His
health failed and for several years, we missed
him from among the practitioners at the bar
Wien he came back ii was not altogether
he same man who returned. Time and i'll
less had been his teachers. His mind had lost
lone of its power, his character none of its
strength, but there was calmness and breadth
If view that must have been costly acquire
nents for man of his concentrated and
'ather impetuous nature, but were worth all
hey had cost He looked at life from a
higher point, with wider interest than before.
He had felt the discipline of suffering and had
learned something of the lesson of refinement
and tenderness of feeling which sorrow
teaches.
L remember very pleasantly few days spent
with Mr.. Butler at the last commencement at
Bowdoin. He had evidently left all cares Of
he office behind him and had gone down TO
AXE his share of interest in the renewal Of
college associations. Prof. Everett's discourse
IN the late honored president was great de-
light to him. He attended the meetings OF the
Alumni and was ready with advice and assis-
ance on matters of Importance relating to the
title to Memorial Hall, and, when little COM
1any gathered as the representatives of the old
Athen8an Society, to consider what steps
should be taken for the better preservation Of
he library, Mr.. Butler was chosen chairman,
md proceeded to consider the whole subject
With the same attention and care with (which
ne would have investigated the case of o
client or elaborated its details before the jury,
L had rarely met him away from professional
affairs when he seemed to throw himself so
wholly into the spirit of the occasion as he did
Turing the time we spent there. L am sure he.
enjoyed it, and it remains as a pleasant recol-
lection to me.
Mr. Butler was a man of great practical
ability, whose mind ranged well within the
limits of the law. He had the tastes and
habits of a student, but the volume in his
land was usually law book He was diligent
n his reading and kept pace with-the works of
he latest authors and with the proceedings of
he courts in matters of recent interest and inn
He was thoroughly equipped for
lis profession, and no rust gathered upon his
lrmor. He was man of experienced and dis
'iplined sagacity, wise counsellor, prudent in
he management of affairs, cool and adroit in
loubt and strife. No motive of personal ease
II comfort nor Incidence, nor carelessness,
sver held him from fidelity to the trusts COM
nitted to him. His work was faithfully done.
Many business men in our community, when
difficulties in their affairs arise to render legal
ldvice necessary, will at first remember with
egret that Mr.. Butler is no longer among the
living. The affairs of many of our corpora
ions are managed more wisely for the part he
las taken in them. The municipal officers of
several of the towns in our county for q long
ime were among his clients. The public
earned to appreciate the value of the services
lnostentatiously rendered by this man of quiet
lignity and reserve, and larger and larger de-
hands were made upon him.
But lis public and private service has end
ID. His presence is no longer with us. There
emain only his memory, his example and his