The Portland daily press., 1882-11-03

evening in his own home, the dearest place TO
him on earth, surrounded by those whom be
tenueriy loved, and for whom he lived ana
wroughf so many years, his busy, earnest and
| useful life, prolonged far beyond the Psalmist's
limit, pc icefully ended.
In noticing some of the traits of his character
not already alluded to, think may safely say
that all who ever saw our brother Swasey,
| whether in his younger and more active days, or
| in his maturer years, must We been impressed
with the fact that his was very positive char
acter.
! His bearing, always courteous and dignifed-
the pose of his head the glance of his eye, his
voice and his gestures, all bespoke the decided,
| positive man.
His convictions were clear and strong, and he
was always able and ready to support or defend
| them.
| la whatever he undertook he manifested zeal
| approaching someti nes to aggressiveness,
frmness of purpose and persistence, which
were helpful TO himself, assuring to his clients,
and not infrequenty the cause Of hesitation, If
| not encouragement TO his opponents.
Discretion was another marAed feature of his
character. Though oy no means lacking in true
moral courage, nor in manly spirit when the oc-
casion required, he was wisely careful and pru-
| dent in speech and action; and no clients cause
was hazarded by impusive or rash proceedings
on his part, nor confidential communications TO
him disclosed by his untimey words
| 1t Is sometimes supposed that though the most
sacred secrets of domestic life and those which
are purely personal in their nature, may be often
confded to the minister or the physician, the
lawyer is intrasted with only those strictly re-
latfng and incident to his profession. But that
is a great error. Especially IN the country,
|
community, has grown up among them, become
identified with their interests, and is one in
whom the people feel that their confidence may
| be safely reposed.
| Such an one finds himself interested not only
with those Important facts relating to mere
| business matters which are to be carefully
guarded by him, being often communicated to
| him by opposing parties-who regard him
| their common friend, but with those sconfden-
| tial tales of wrongs and grievances of purely
domestic, and those OF sacred personal charac-
ter, for which the law can afford neither repara-
ton nor healing balm The disclosure of such
matters would be like the sudden eruption of a
| volcano in the town, would work wretchedness
in many an unsuspecting family circle, and in
volve not wrong doors alone but pure and inno-
| cent ones, In modification and grief.
| Hence there are many occasions when It be-
comes him TO s'set watch upon his mouth, and
keep the door of his lips, even though he incur
the hazard that his sef-control and silence will
| be misconstrued to his hurt.
In these experiences, not infrequent in SO long
and continuous residence in the same town as
his was, our brother thoroughly understood and
appreciated his position and his duty, to which
he wisely and conscientiously adhered, faithful
1 even unto death.
With all his zeal and mental and bodily en-
| ergy, be was very conservative person. He
was thoroughly devoted to those pursuits for
| which he fitted himself by long and studious
preparation, and in the conduct of his, profess
sonal business faithful to the last degree to
| clients.
| the fact that he occupied for fifty consecutive
years the same plain and unpretending office of
| winch ne LOOK POSSESSION at Gn6 very outset OF
his professional career, is striking illustra-
ton.
Could that littls room, substantially the same
to-day as when in the vigof and full of the aspi-
rations and the enthusiasm of early manhood,
he took possession of it, open its dumb lips and
unfold the record of ali those eventful years,
what history it would iapart to US! What les
sons of patient industry, of faithful and dill
gent application, or wise counsels given, it
would each. What recItas of controversies
amicably adjusted and hostile parties Teconcied
# not to each other, st least to the wisdom of
the adjustment; of threatening strife checked at
its verS inception OF personal troubles, wrongs
and sorrows, the stories of which sa-
credly preserved from publicity by his sef-im-
posed restraint, as they now kept from ut
terance by the seal which death has placed upon
his lips of hours of intense mental activity and
anxiety, when for the time both body a. d mind
taxed to their most by incessanr toil, were on
the verge of utter exhaustion well as of those
more quiet and restful periods when he could in
C imperative leisure pursue those studies and
prosecute those Investigations of legal prlnci-
pies in which he seatly delighted.
He was not without good degree of ambition,
yet this conservative trait seemed to have so far
restrained and directed it. thai spending buG
little time in efforts for political office public
honors, he was led by it TO more faithful devo-
tion 10 the requirements of his profession. His
aspiration rather to show that he could con
duct his business wisely, and TO manage his
cases with professional skill, Judgment and sue
cess
And most admiralty did he accomplish his
cherished purpose. No attorney more faith
full to his clients, no one better pre- Jared his
cases for trial; no one was more devoted aud
persevering, or more unsparing of himself in his
labors in the prosecution of a plaintiffs cause,
nor in sturdy and skiliful defence of clients
rights; and considering the long period of his
practice and the variety of causes in which he
was engaged, but few have attained greater sue
cess than he in this direction.
Though located in small country village in the
midst of a rather sparse population, his business
gradually developed aud. increased from year TO
year, for many years, until it became very large
and profitable. The confidence placed in his in
tegrity his legal knowledge and professional skill
were such as to draw Cheats to him from a very
large circle of the surrounding towns Nor was
his practice confined to his own county. He
was a constant attendant at the courts in ork
and frequently in Oxford, and some of his most
important cases were in those countes, in both
of which he stood in high repute.
OF his reported cases that Of Tyler vs.. Dyer,
in the 18th volume of Maine Reports ia 1856,
is the first; and his name frequently appears in
the fifty-two succeeding volumes, a counsel in
important cases down to vol 55, in which is
have been the last.
He felt very great soiicitude in regard to this
ease, and contrary to his ordinary practice, asso-
ciated other able counsel with himself in ghe de-
fence. The successful issue of it, conducted
it was with great professional ability both
sides, was source of much qualification to him
self and to the town in behalf of which he ap-
peared.
His habits of life were simple, and very meth
odical. He carefully avoided all excuses. He
dis liked display in all its forms, and was unos-
tentatious in whatever related to himself. His
conversation, free from everything low or vul-
gar, was dignified and cheerful in its tone, and
characterized by desire to impartto others or
TO acquire from them some instruction and USE
tul information.
His convictions of religious truths were char
acteristically decided ana strong, though he new
or made a public prot. sson of Them nor became
member OF any church organization He was
regular attendant at sGhe Congregational
church. with tho doctrines of which he sympa-
thizsd to a very considerable extent, and by pre-
cept as well a. example, endeavored to impress
upon the minds OF his children the value such
observance OF religious worship.
His strong attachment to his home, amounting
almost TO a passion, his wealth of love for his
family and absolute devotion to them, were
marked and beautiful traits of his character,
While frugal and economical, SO far as his own
personal wants and expenditures concern
eu, his heart and his purse were wide open aud
responsive in the fullest degree to whatever
might contribute to the comfort anu enjoyment
OF mis- wife and children; and to make home
the happissr and most attractive place in the
world, as it was to them all. Aud in his advan-
cling age, especially after the great domestic
beieavement already mentioned, which robbed
his life of its greatest attraction. aud to some
extent hau made even home itself oesoIate, he
cung more closely than ever TO this as his haven
earthly rest.
character which it would be pleasant, and is
NIGH be instructive notice, but i, is time that
these remarks should be brought to a close.
know OF no more fitting language with which
to conclude than that of the late Prof Green
leat, in his scholarly memoir of Chief Justice
Melen. Speaking OF the life of the practining
lawyer, he says:
mo brilliant passages of arms embazon his
fame, no records beyond judgments and reports,
attest the power of his mind; and of his private
charities the memory is sealed up till publica-
ton at the last day 1t is in tbs .bosoms of his
cotemporarles of the profess on, and his clients
and personal friends and may add in the
instance before US, in the tender and undying
affection OF his family 'sthat the memory of the
lawyer is embalmed.'
In such sacred keeping we can safely leave the
memory OF our esteemed and lamented brother
Swasey.
at the close of Judge Watermans tribute
Hon. George f. Emery addressed the court as
follows:
MIR. EMERY's REMARKS.
MdyGt please your Honor:
the death of another of our associates at the
bar, James 7. McCobb, is fresh reminder of the
uncertainty of mortal existence and of the frail
tenure by which all earthly good is held. The
aims eff our deceased brother were just, his life
pure, and the record of his career of more than
three score years and ten is untarnished. Though
warmly attached to his profession the pubic
were not slow to appreciate and profit from the
practical character of his mind accompanied by
qualities of head and heart which are essential
for the faithful administration of important
trusts. He was warmly inter sted in the intel
ectual, social and moral elevation of society,"
and in all the relations of life he presented an
example which reflects honor on his memory
and which constitutes the beat legacy man in
any sphere can bequeath to his family associates
and the world.
In behalf of the committee charged with the
subject 1 respectfully present the following tes-
timonial to his memory:
e -.