The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-05-22
Judge Symonds, in seconding the r
tions, spoke as follows:

W..
JOSEPH w. SYMONDs,
NATHAN CLEAvEs,
Judge Symonds, in seconding the resolu-
tions, spoke as follows:
JUDGE sYMoNDs' REMARKS.
Brother O'Donnell at the time OF his death, had
been 50 long absent from the ordinary Walks OF
membeps e 81 the bar he sespmed aresdy even
while he was still living to be one OF the figures
in past generation He belonged to genera
tion of men, most of whom have already with
drawn from the active duties of life, but years
ago he was regarded as no unequal or unworthy
antagonist by the foremost men OF his day. L re-
member him well when he was in active practice,
a busy man with large docket, whose voice was
as frequently heard in the court room as any
body's in the argument of causes before the court
and before the Jury. He was genial, ,klnd-hearted
generous man, lawyer who had come to his pro
fession by fair methods, by honest and diligent
profession and some of the best of the habits and
traditions that pertain to the bar. He was always
present at our bar meetings for social or Tor buSl-
ness purposes, and his ready wit and genial tenn
per made him an agreeable companion wherever
the e uost respect for he cor ne in manner
merely, but sincere feeling Of respect which he
uniformly exhibited IN all his methods of prac-
tice No matter what the excitement OF the
trial might be; no matter how keen the thrustS
other persons might receive at his hands in the
excitement of discussion, he was uniformly eour-
teous and respectful towards the court BE had
a peculiar intensity and impulslveness OF temper
anent; sincere, enthusiastic, absorbed in the Ia
ents; uniformly diligent self sacrificing patient
in the investigation and in the presentation OF
their rights before the court Many stories OF MS
quckness of reply, original wit and native pecu-
liarity still inger aboutthe court room and among
the "reminiscences of the bar. Long intirmity
Withdrew him almost wholly from the labors Of
the bar during the latter years of his life so that
this period of his active duty seems to be already
somewhat remote from the present time; and
seemed to add to the burdens which age has to
bear. But he always had the sympathy OF the
bar in his affliction, and the constant affection OF
the men who had been associated with him in the
years of his active life. There will long be
place for James O'Donnell in the respect and
kindly remembrance of the Cumberland BAR
Judge Cleaves also spoke in high terms of
the many excellent qualities of the deceased.
Hon. George f. Emery then presented the
following resolutions to the memory of Hon.
Elbridge Gerry:
Resolred That the death of our lamented
brother, Elbridge Gerry marks the end of the
career OF one who loved his profession, achieved
distinction in it, and who bnt for disablement by
disease in the prime of his manhood, and partial
divergence from its exclusive pursuit, bid fair to
attain eompanionship with those who,occupy its
foremost ranks The real ability and success
which characterized all his efforts whether at the
bar, in halls Of legislation or business circles,
have left vivid impression OF his strong endow-
ments, but inspire regret that he was provden-
TALLY denied opportunity for their best exhibition
and highest usefulness.
Resolued That while we deplore the necessity
of dropping his name from the roll of living mem
bers of a bar which has long shed luStre on the
legal profession his surviving associates s are iof-
ed sufferings which, however, skill was made
quate to subdue, and the kindliest ministries were
unable to fully alleviate.
Resolued, That these resolutions be presented
to the Supreme Judicial Court in open session
with request that t1e t6a II De G %
the bereayed family OF our deceased brother.
GEORGE T. EMERY,
j. j. PERRY,
w. u. PUTNAM
In moving the resolutions Mr.. Emery spoke
as follows:
MIR. E1IERY'S REMARKS.
Mag it please this Honorable Court:
OF the public lie and career OF our deceased
brother Gerry the press has already sPSkefn to
tributes in this regard may be just and appro-
pirate to this occasion, l may. well leave to the
Judgment of those who shall follow me.
Ny acquaintance with him was formed when in
the Office of my late father, Stephen Emery, on
Paris Hill, we pursued together the course Of
of our profession. l had favorable opportunity
then and subsequently to observe the qualities of
played in his chosen fields of life and labor.
He was always selfreliant, and from the first
contented not himself with merely reading text
books and decided cases, but was accustomed to
discuss with his fellows the principles involved
therein never yielding to the force OF authorities
support harmonized with his own views after
being subjected to the test of his quick percep-
d.,
skiful n debate, and the last to surrender in any
gauge of battle. His force of will was seldom
matched, and through life his pluck, or, what bet
ter expresses it, his grit, was equally remarkable.
Had he been general he would have been the
first to lead fOrlOTn hope, and the word retreat
would have found no place ia his vocabulary. In
short, he was strongly endowed with the charac
teristics essential for bold and successful leader
ship, and these, in his early manhood, and in his
native county, he exemplifed to degree seldom
His political principles, deduced from careful
study of the constitution which he took for his
chart, were sharply defined and unbending.
Whenever the Democratic party to which he was
attached drifted from safe anchorage ground, it
was difficult for him to suppress his impatienee,
much less stlfe it when his opponents seemed to
obliterate or remove ancient landmarks by re-
sorting to the elastic theory of broad construction
ln business relations he was sagacious, yigilant
and exact. and demanded of those with whom he
dealt observance of the same rules he prescribed
fer himself. But removed from the public eye he
was accustomed to give free play to generous im-
pulses in modes and to an extent known to bene-
dciarieS only.
To be arrested in his hopeful and promising ca
reer as public man in the prime of life was Sc
we're blow. To be retired to the chamber of a re-
fined home, though attended by all the ministries
wealth could command or affection bestow, was
chafing to his spirit and added largely to his sui
ferings For thirty years he was an invalid, and
during a large portion Of that period, he well
might have echoed the complaint of Job:
"Days Of affliction have taken hold of me,
In the night season my bones are pierced in me-
And the pains that gnaw me take no rest"
But though continuously buffeting physical tor
ments, his interest in public affairs never tagged
and he was, and would be, well informed thereon.
His love of reading (by aid of lips other than his
own was indulged more constantly, and COM
passed wider field than he was wont to explore
when in the vgor of health. The qualification OF
his taste and thirst for knowledge was found in
the circles of political and ethical science, and the
current literature of the day. This resource and
free converse with friends whom he held in high
esteem constituted his cherished pastime for
wearing away the WeariSome hours of his long en-
forced seclusion: But, almost up to his last days,
he kept constant supervision OF all business tran
sactions in which he was interested, covering
wide and diversified field. the minutest details
thereof being made to pass before him, and re-
ceiving his closest scrutiny and personal direc-
ton. But release from all his sufferings and rest
from all the cares of his peculiarly trying condi-
ten, it may almost happily be said, have come at
last.
In executing the service assigned me by my es-
teemed associates, cold propriety would suggest
pause at this point. But, in the presence Of the
honorable Judge presiding, who better than all
other listeners will appreciate my position l can
not fOrbear to add, the memories of early COM
pani0nShip with our departed brother originating
on soil and in scenes fraught with hallowed as
sociations, flowing from kindred tastes and pur-
suits, and ripening in friendship mutual and life
long, are fresh and perennial. Indeed, often as
we are compelled to walk through cypress shades
to pay our last respects to departed friends it is
pleasant reflection and consolng fact, that though
the green turf may cover their once manly forms,
and their cordial greetings shall gladden. our ears
no more, fond memories and cherished associa-
tions connected with them the grave is poweress
TO oblierate and death to such extent at least is
despoiled of victory.
Hon. j. j. Perry appropriately seconded
the resolutions.
Hon. Enoch Knight then moved, in elo-
o. 41,, RI r.r.a~