Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-06-11

ab0unded in glowing rhetoric and closed
with beautiful reference to the music of
the water of the Falls of St. Anthony,
which had wooed their lamented brother
to sleep during life, and which he trusted
would sing an eternal lullaby for him in
DEATH
This was a fitting close to the remarks,
when Chief Justice Gilfillan addressed
the bar as follows:
Gentlemen of the Bar The memorial which
has been read will be entered in the minutes.
1t is peculiarly fit that 1t should be of record
in the court of which Mr.. Justice Cornell was
member for the last six years of his life, and
in the performance of his duties in which he
spent his last strength. He had in the highest
degree every claim to appropriate memorials
His career and character as man, as a citi-
zen, as a shaper and leader of public opinions,
as legislator, as member of the legal pro-
fession, and finally as judge in the court of
last resort in the State, were such as call for
marked public recognition now that he is
gone. OF his public services to the State at
large and to the more immediate community
in which he lived, the press has made honor
able mention. HIS personal friends, those who
got to know his inner life and character, have
in their private discourse, as you have done,
recalled and borne their testimony to lis
4 virtues as man-virtues which made him
dear to all who had the good fortune to be on
terms of intimacy with him.
1t is for us, at this time and place, more es-
pecially to dwell upon, AMI pay our tribute to
his memory as member of our profession,
and as connected with it by his judicial station
and services. Most of us, the Oldest of us at
any rate, knew him for many years. His po-
sition at the bar, from the first, was such that
no one could be member of the bar in the
State without knowing him, either personally
or by reputation. At a very early day, at the
time when the bar here may be said to have
been in its infancy; when, as political com
munity, Minnesota was about passing from
the guardianship of the general government to
the free condition of self-governing State, he
was already among the foremost in the pro-
fession. Who would, for the next quarter of
a century lead in its labors, contests and hon.
ors, was then, to great extent, uncertain.
But he had taken his place. whatsoever flu
ture standing might seem doubtful, his was
not He was then an acknowledged leader.
His ability, learning, eloQuence and force of
character, already recognized, made 1t evident
that whoever else might fall behind, he
woull, SO long as he remained in the practice
of the profession, stand in its front rank-the
equal of the highest. From that time the bar
| steadily increased in numbers, IN strength, in
learning, IN influence and Importance.
| Through all its growth his relative position in
|
upon the bench.
The mental qualities and characteristics that
enabled him to maintain so high position at
the bar, eminently fitted him for the bench.
| The character of his mind, indeed, was more
Judicial than forensic. Its more appropriate
field of action was the bench rather than the
bar. To secure lawyer the highest success
| as an advocate his mind must be capable, in a
| large degree, of taking Il partisan view of a
cause, of adopting as its own the feelings and
prejudces of the client, and Of seeing and
| Judging of the cause through the medium of
such feelings and prejudices. A mind of that
| stamp is apt to see but one side of the case,
though to make its possessOr great advocate
| it must see all of that side at once, and as by
| the full light of the MONDAY sun. One with
| such a mind, especially if that be its control
great judge. Erskine. by far the greatest adj
vocate who has spoken in the English lam
| guage, was a striking instance of this. Those
who, while he was at the bar, knew Judge
Cornell. not intimately, who saw his sanguine,
nervous temperament, the zeal with which he
engaged in the trial of cause, his instantane-
Gus perception of the rules and principles of
| law governing it, and the intense force and
clearness and fervid, energ etic eloquence with
which he set forth and urged upon the courts
those rules and principles, might be led
to suppose that his was that stamp
of mind But to suppose that would have
| been a grave mistake. His more init
mate acquaintances knew then, his career
on this bench has demonstrated since,
| that his success at the bar was owing 10 other
and larger intellectual attributes that the pc
culiar characteristic that / have ascribed to
the advocate. From the time of his transfer
| to the bench it became apparent to all that
his intellect was notably liberal and CON-
prellensive and singularly impartial calmly
and dispassionately taking in the whole of the
case and Judging it only upon those considera-
tions which lead to correct result His
learning in the law was very great; his quick
ness to apprehend the true issues
in cause and the right solution
of them was marvelous-more than l
| ever knew in any other man; and, at the same
| time, his Judgment was cautious and pro-
| found, his habit of investigation patient and
conscientious. In'his mental operations were
united two characteristics not often found to-
gether-quick, intuitive perception and care
full, patient reasoning. To these was added a
clear, unfailing natural sense of justice, of
moral right and wrong, on the rules of which
the rules and principles of law are mainly
based. These mental traits, with an intimate
knowledge of human nature, and a generous
Understanding charity towards its falings,
united in him the elements that go to make
the great magistrate. In respect to the har-
|
will be long before his place on the bench Will
be wholly filled. To the bar and to the judi
ciary his loss is well nigh irreparable.
should fail Of doing justice to his memory,
| and to his associates appreciation of his
memory, if l omitted to mention, as you
have mentioned, his uniform courtesy of
manner, and the amiability and gentleness of
his disposition and temper; an amiability and
gentleness Joined with the highest degree of
manly energy. These were very marked in
his intercourse with his brother lawyers and
the courts, while at the bar. They were more
| conspicuous to us, his associates on the bench,
brought, as we were, into most intimate re-
lations with him. Two of us were with him
on the bench for more than six years. During
that time our intercourse with him, and
knowledge of him and his traits, both of mind
and heart, were necessarily very close and in
| innate. In the hearing of causes, in the sub
| sequent investigation Of and consultations
| upon them, and the preparation and COMPARE
son of decisions and opinions, we were togeth-
| er day by day. Frequent conflicts of opinion
have necessarily arisen, followed by earnest
discussions, sometimes leaving irreconcllable
| differences, as to how causes should be de-
cided. But in no instance, that l can recall,
during all that time, did he ever let fall any
discourteous, unkind or irritating expression
| to either of his associates; nor did any differ
| ence of opinion, or anything occurring in the
discussions, ever for moment interrupt the
unvarying kindly relations between him and
them. In this his forbearance was the more re-
markable because for the latter part of the
( time the disease of which he died was upon
him, causing him often severe suffering, at all
times harassing anxiety. That under such
trying conditions he should at all times pre-
serve even temper and exercise towards others
perfect courtesy and consideration marks
| strongly the character of the man.
| Gentlemen, 1 have endeavored briefly,
know with imperfect success, to express what
| his survivors on the bench think and feel in
regard to our departed associate.
| Your eloquent and appropriate memorial
shall be entered in the records of the court,
there to remain as testimony so long as
those records shall be preserved.
| The clerk will record the memorial in the