The Portland daily press., 1883-10-11
JOHN APPLETON.
Banquet rendered the Retiring
Chief Justice by Penobscot Bar.
Representatives Present From Nearly
Every Bar In Maine.
President Sanborn's and Judge
Appleton's Remarks in Full
Especial Despatcb to the Press


evening. The occasion was graced by the
presence of members of eminence in the legal
profession from various portions of the State,
nearly every bar in Maine being represented.
Penobscot Bar was represented by very large
delegation.
The banqhet tables were arranged in the
form of letter A, in honor of the gnest of
the evening.
Hon. Abrham Sanborn, president of the PEI
nobscot Bar Association, occupied the head Of
the table and oflciated as chairman, with the
retiring Chief Justice Appleton at his left, and
Hon L. A. Emery, the new Associate Justice
at his right Owing to a severe affection to his
eyes, Hon. John A. Peters, successor to the
Chief Justiceship, was unable to be present.
After ample jnstice had been done at the
collation., President Sanborn called the assem-
blage to order, and made brief Introductory re-
marks, alluding to some OF the notable events
in the career of the distinguished guest, as fol-
lows:
HON. A. sANBoRN's ADDRESS.
My Brethren Of The Bar of this State:
We have assembled here tonight to give ex-
preston to the sentiments of heartfelt esteem,
friendship and veneration which we entertain
Justice of the Supreme Judicial Court of the
State.
How well 1 remember the fist time met
him. 1t was more than fifty years ago; was
at my fathers house in Charleston, spending
my summer collegiate vacation, and one day a
young gentleman, on horseback, rode up to the
house, and alighting, asked for dinner for him
self and provender for his horse. While we
were at dinner we ascertained that he had late
ly opened an office of attorney-at-law at Sebecs
IL. Ii -f.-1c
ment to defend client who had been sued in
an action brought by G. G. Cushman, ESQ. be-
fore justice of the peace in Dexter. To do
this he had to travel over sixty miles, and
spend more than two days.
Chief Justice Appleton was that young at
torney During residence of six years at Se-
bee, while his professional business was con-
stantly increasing, he was earnest and diligent
In his professional studies, and, upon bis re-
moval to Bangor, he soon took and held a high
position at the bar, in the front ranks of the
profession, among such distinguished competi-
tors as Jonathan p. Rogers, Edward Kent, Jo-
mas Cutting. Albert P. Jewett, and others of
kindred eminence
He ably filled the Office of Reporter Of De-
csions of the Supreme Judicial Court for one
year, and in 1862 he was appointed judge of
the court by Gov. John Hubbard, the Demo-
cratic Executive of the State, Notwithstanding
he was Whig and had opposed the election
of His Excellency. This was very high tes-
timonial to his fitness and qualifications for
this high Office. Fer ten whole years nc de-
voted himself to the discharge of its duties, SO
as to win the entire appreciation of the people
of this State, and in 1862 he was made Chief
Justice, with such eminent jurists as Richard
D. Rice, Jonas Cutting, Edward Kent, iona.
G. Dickerson, Woodbury. Davis and Edward
Fox as associate Justices
He presided over this court for tHenty-one
consecutive years, ending the 20th day of Sep
tember last past. In the administration Of
this great trust he was eminently Capable
and faithful, and honest" His legal learning
was profound aud abundant; his Judgment
was sound and accurate, unbiased and impair
tial. He shrank from no labor, however ardu-
GUS, but rather seemed to court and perform it
for the very love of labor itself, He labored
also from the love of justice, which he loved
most of all. If the saying, 'ldbordre est orare"
be true, he prayed, almost without ceasing,
during all those years.
His patience, his kindness, urbanity and
gentleness toward the members uf the bar in
their management of cases in court, were as
constant and unfailing as the flow of water
from an overhowing, inexhaustibl9 fountain.
And they revere and-love him in return, an
will hold his memory precious SO long as they
shall live.
cases heard before and decided by the court
were published while he was Associate Justice
aud Chief Justice thereof. And liess vol
umes will remain an imperisiable monument
of bis judicial fame. He was assisted by able
and learned judges, who co-operated with him
in raising that monument Their names are
engrayen upon it, and will go down to posteri-
ty with his owD.
know you will all unite with me ia the in
vocation, that the days of the life of Chief
Justice Appleton, which shall remain to him
hereafter on the earth, may be as sweet and
peaceful to himself as the days of his past life
have been grateful and beneficial to his fellow
men.
Judge Appleton responded in the following
eloquent terms:
JUDGE APPLEToN's ADDRESS.
Mr.. President:
thank you for the kind and generous words
yoa have spoken of my judicial career. They
are especially grateful as coming from you, the
Oldest member of our bar from you, with
whom friendship was formed dating back to
our hrst acquaintance; a friendship never
found wanting; friendship to continue to the
end. Through you, as its organ, tender to
the Bar my thanks for this testimonial of their
regard, and for the courtesy and kindness I
have ever received at their hands.
became a member of your bar in 1926.
Those who then occupied the places you now
fill have long since passed away. I alone sur
vive. Change is everywhere impressed on all
that surrounds us. Those were days Of almost
Arcadian simplicity. The unwieldy stage bore
us slowly TO its place of destination: man had
moving with laundering and tumultuous
speed The rays of the sun glorifed the earth,
but he was yet to become the painter of nature
and of man. Electricity was not then sending
its messages, swifter than thought, under the
cean and over mountain, encircling the globe
as with girdle; and, most wonderful Of all in
world so wonderful and full of marvels. the
human voico had not then conquered space,
and men in distant cities were not conversing
as if face to face.
Tn 1oxyc 4 tha oir1b bno -
consisted in vain efforts to collect uncolecta-
BILE debts and with about as promising results
as those attained by venerable prosecuting
officer of this county who procured from the
grand jury an Indictment against a town for
not repairing an irreparable road. The extent
of professional labor in that direction will be
more fully appreciated when it is seen that at
the October term, 1887, there were 3512 ac-
tions on the docket of the District Court and
14S4 on that of the Supreme Court without
reference to the indictments impending On
each, while at this present term there are but
$50 actions, ,as standing illustration of the gem
eral prosperity when one bears in miad the
great increase of population during the last
century.
One branch of professional labor of no slight
interest, the collection of military fines Of SOL
diers for non appearance has passed away In
thee rural districts they were the events of
the year, the celebrated causes of the locali-
ties, where people gathered together to witness
LILO COnOostS Vi 6hlll lduutduEUltu6SS p5bW66u buS
plow mender and the plow finder ultimately
to be determined on error, for nothing short OF
the highest tribunal would satisfy the excited
litigants. The young attorney may well sigh
for those days, for to him they might be the
small beginnings of great endings But they
are gone, not to return.
The delays incidental and resulting from
two courts with appeals and exceptions from
one to the other led to the entire transferance
OF the Jurisdiction of the District to that of the
Supreme Court with saving of delay, ex-
pense and vexation Incidental to protracted
litigation, SO that think it may be truly said
that there is no State in New England where a
judgment may be obtained SO speedily as in
this good State of ours, when parties and coun-
sci desire it. When l came to the Bar the
arguments of counsel were free from linita-
tions of time. There was no one-hour rule, SO
saving of breath and strength to the speaker,
and OF fatigue and patience to the hearer; for,
says an cid writer, "the memory of man easily
retains few words which are more agreeable
to the judges who have to listen to them, and
1t is great hindrance to judges to hear long
speeches which have nothing to do with the
question in dispute" The rule when adopted
was the subject matter of comment and obJec-
tiona but it has the merit SO dear to conserva-
tism OF an antiquity hosry with age. The
present is but the past, with tho notifications
and changes of time.
In Athens the length of the advocates argu-
ment was measured by the Clepsydra, the
water clock, something like sand in the old
fashioned hour glass. The flow of water and
the How OF eloquence simultaneously began
and ceased. The water clock afforded but
little time. and the advocate had nome tn lose