Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-08-09
THE VIRGINIA BENCH.
ANECDOTES AND EPISODES.
Some Anecdotes OF Judge siopenre--E Exam
lining an AppIicapt--why lie Travelled In


an Ox-Cau.
james Q. Lamb in Virginia Law Journal.l
Some time since we expressed de-
sire to collect and preserve in the pages
of the Journal some of the many snec-
dotes and episodes which have long
been current in the profession in this
State, illustrative Of the salient features
in the character of the late distinguish
ed head Of the Virginia Supreme Court
Of Appeals. We then ventured the
opinion that there were many such, as
rich as anything of the kind in the
history Of the profession, which
ought not to be lost for want
of chronicler; and that to
secure and fix them in some
appropriate and permanent form would
contribute to the pleasure of many who
knew and love him, and perhaps serve
the profession in larger sense. Since
that time many Of them have come to
us from his old friends and associates,
who share in our desire to see them
preserved, and from among them we
have selected the following, which we
now lay before the readers of the Jour
nal. trusting that they may at least
serve to pass leisure hour during the
summer vacation.
No mention of Judge Moncure which
has reference to his characteristics as a
magistrate and man could be made
that did not recall the late Judge Guilds
splendid memorial of him, which will
be remembered as the last, and, in some
respects, perhaps, the greatest, achieve
ment Of that bright intellect. No purer
gem ever had richer setting than the
eloquent eulogist gave to his subject.
The simplest and most unique of charsc-
tiers is painted by the master-hand with
few touches Of simplest elegance. No
single trait in that rare combination eS-
capped him, and be touched upon each,
not only to describe, but almost to
sdorn it with his description.
Thus, speaking Of the directness and
singleness Of bis mind, we are told that
he "never turned out of his way for
figures Of speech or rhetorical adorn-
ment. He clearly stated, in transpa-
rent style and in vigorous words, what
he clearly saw, and with that was con-
tent. lie made no claim to classical
taste or requirement, or to any superior
literary excellence. The full
stream of his thought never loitered
on its way to make eddies, but
rushed directly to its end" One
has only to read his published opinions
to understand this. Indeed, when his
lover-like devotion to the law and his
early disadvantages are remembered, it
is not difficult to credit the statement
that it is probable that he never read
but one novel in his life and that
having been oyer-persuaded by bro
Their Judge to read Iyanhoe," he took
it under a sense of duty and finished it
at single sitting. reading the whole
night through. 1t is safe to say that he
did not follow the varying fortunes of
the hero and the Templar with half the
interest with which he would have
watched a civil contest between John
Doe and Richard Roe, as disclosed in
the record" In the same way we can
easily imagine what those who wit
nessedit will probably never forget-the
familiar and laughabie incident which
occurred in the argument Of the case Of
Zetelle Us. Myers 90 Graft, 62), when
one Of the counsel, gentleman of lite
rary tastes and accomplishments, OPEN
ing bis speech with the words: May
it please the Court, my client, Spiro
Zetelle, comes from one Of those
Isles of Greece, where burning Sappho
loved and sung" tho venerable pr1,i-
dent, who had then become slightly deaf,
leaned forward with his hand to lis ear
and said with the utmost earnestness
"Will you please repeat that, sir? |
did not catch your proposition; will
you please repeat?" Nor do we need
to be told that the learned counsel did
not repeat his proposition, and that the
Judge did not catch it until it was COM
muncated to him later in the confer
ence-roOm.
Somewhat similar in character is the
story, less familiar but equally as au-
thentic, of his embarrassing reply to
the young man, who, being thrown
casually in his company, for want of
some common subject of conversation,
asked if he had read " Helen's Babies"
Strengthening himself up as was his
wont when he thought a law topic was
afoot, he replied in his quick, nervous
way, "Helen's Babies IIelen's Babies
No, sir, have not read it. Is that a
new work on Infancy"
The statement Of his eulogist that
SHE made no claim to classical taste
or requirement is probably little
less than the truth. While it is GER
tain that his written opinions will be
searched in vain for any such iinery,"
yet those who most frequently
heard his oral dissenting opin-
ions speak of them as models
of simple eloquence. But he cared
little for even current literature,
except that which pertained to his
profession. 1.-The full stream of his
thought" flowed almost exclusively in
law channels. Thus, when asked in
the conference-room by one of his
brother judges what he thought of the
Beecher-TiH case, then in progress,
no promptly replied: " Beecher against
Tihn Why, have not seen the re-
cord, Judge. Has such case been
argued before us? | do not remember
it,
But Judge Ould rightly stated his
most distinguishing characteristics to
be his simplicity and his kindness of
heart. " No soul was more genial than
his, no ones laughter more hearty, no
mans sympathies more quickly kim
died." OF his simplicity, " it might
be called massive. And it
was made more noble and beautiful by
reason of his unconsciousneSs Of the fact.
1t attended him like his
shadow-nsy, more so, for that fol-
lows. while the grace to which | have