Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-06-03
KIND Words Fon THE DEAD.
A Sincere Portrayal of the Oh arnc-
ter and Life OF the Late Judge
Fhe Resolutions Ordered 90 Be
Placed ON the Records of the Court.

A Sincere Portrayal of the Oh aras
ter and Life OF the Late Judge
The Resolutions Ordered 20 n
Placed ON the Records of the s;Ourl
just before adjournment OF court Frlda
evening George H. Bates, ESQ.,, OF the con
mittee appointed by the bar association q
New Castle county tn present to The su
periOr court the resolutions adopted by th
o association in relation to the death OI tli
o late Judge Whtteley, performed that duty
MIR. Bates said:
: Mdy IL Please Your HOnors: On the 29,
!, OF April the Hon. William G. Whiteloy, on,
: OF the judges OF this court, died at his resi-
dence In this city. Though long illnes
mad, TO some extert, prepared us for thi
: sad event, 1t came, as death, however muet
3 anticipated, always does come, with
a shock TO those whose feelings are affected
In this case that shock was felt by the
people OF the state and the members Of the
: Dar TO an extent rarely equaled. and
within my recollection, not exceeded. on
! tie following day the bar OF this county met
J and yielded TO an unreserved expression oi
, sorrow, which was so genuine as to require
effort to repress, rather than to express, it.
The official action Of that meeting, Mr..
Bradford and were deputed to communal
cate TO this court at its present session,
and, for that purpose, we ask for brief
pause In the business Of the term.
In asking you to direct these resolutions
TO be entered OF record, 1 beg leave to say n
lew words In addition to the formal pre-
sentation OF the action OF the bar.
william Gustavus Whiteley was born near
newark, this State, August 7th, 1919, OF
parents both OF whom were from Maryland.
He was educated at Delaware College, and
then went to Princeton, where he graduated
In 1873.
He studied law In this city In the office OF
non. James A. Bayard, and being admitted
/ "a tl.., tia.
oil his profession In Wilmington. He was
very successful, and at an early age gave
promise OF u brilliant professional career.
In 1901 he served as clerk oil State Senate,
and Ia 1852, but II years after his admis,
SION, nc received the appointment vi pro
from Wilmington to New Castle.
Before the expiration of his turniur office,
ne was, IN 1896, nominated aud ulu;t,,t 10
| congress, and was reelected bis entire
term OF service closing on March N, 1861,
| OF that body show that he took al active,
lngs.
After the expiration OF his term In Con-
gress he returned to the practice OF the law
In this county, but on January Goth, 1862 he
again received the appointment Of prothon-
otary Tor i've years, but resigned the office
In 1865. In 1876 he was elected mayor of
this city and served for three years. He
represented this State In the fishery COM
mission to settle the dispute OF our State
with New Jersey In 1876; and as chief emu
merator OF the census for Delaware, In 1880,
he participated In taklng the Federal
| census.
On March 31st, 1884, he received his com
mission as associate judge for New Castle
county and entered upon the discharge of
those duties, the exercise OF which, as your
| death.
Such Is the mere skeleton-as q record OF
dates and official appointments always is
| OF q career which needs, In addition, the
llesh OF social and professional life, and the
blood OF distinctive traits OF character, to
| ciated and loved him.
1t is the function OF the dead, In n certain
sense to teach their survivors how to live.
whether as an example with respect to
their successes, or as warning With respect
to their failures, in either case, their silent
fingers point the way we ought to go, just
US a traveller who has preceded us may in
form us alike when he has learned the right
| way by having traversed 1t, or when we
| meet him wearily returning from some by
path into which he has mistakenly wan
| dered.
So 1t Is then, that the thoughtful contem-
plation OF the lives Of those who have pre-
| ceded us is always profitable II we do it In
the spirit OF truth, while 1t Is worse than
| useless II the sorrowing heart Is moved
only by the spirit of undiscriminatlng
eulogy.
We cannot doubt that, II It had been per-
mitted to our friend, In life, to speak to us
OF the solemn hour in which we, his brethren,
| should come together to bear our Testimony
| respecting him, his truthful and transparent
| nature would have said:
'speak of me as am nothing extenuate,
"Nor set down aught in malice"
Examined in such spirit, the character
and life OF Judge Whiteley seems to me to
contain so much of profitable instruction
that, even, after all that has been elsewhere
soadmirably said of him, we may we'll pause |
here In this forum, where we were wont to |
SEQ him, sometime with the klndling eve
and earnest manner of the advocate and |
again with the serene and unimpassioned |
poise which distinguished him as a judge. |
10 me, the key note OF MIR. Whlteley's
character as lawyer was his remarkable |
intellectual integrity. venture to say that |
few men standing here before court and |
jury, so fully lived up to the full meaning |
Of that oath which we have all taken, to |
behave ourselves with all good fidelity, as
well to the court as to the client" He could |
not argue with any effect n proposition /
which, upon consideration, he did not be- /
lieve to be law; and a poor advocate Wns /
he before the jury, II the developments of |
the trial had convinced him that he was on |
striking examples ofthis In cases In which we /
were opposed-one In this court and one In |
chancery lin each Of which he put all his |
force into the argument of legal ground |
which he thoroughly believed In, and not
being sustained by tho court, he practically
abandoned any earnest effort, saying to me |
afterwards in each instance, that 1 was
right on the facts, and that he would not
stultify himself by arguing what he did not
believe.
remember another Instance OF his abso-
lutte good faith to the court which deeply
impressed me. He was arguing point of
law which those around generally thought
untenable, but was making the best Of It,
when one of the judges interrupted him
with "Mr. Whiteley, let mo ask you, do you
really think that proposition is good law ?"
An honest smile broke over his face as he
replied, well, Judge, II you ask my
opinion, In that way, l must confess do
not" This ended the argument. The in
cldent passed rs trivial one; others may
have forgotten 1t, but l have often
thought Of 1t and considered how much
better was It, in the long run, to possess the
confidence OF the court I'm the good faith of |
ones arguments, than to win an occasional
barren victory upon very doubtful point. |
Grouped around, and reinforcing this |
crowning excellence OF his professional
equipment were the characteristics which
usually command success at tho bar-and
1
and rarely united.
He was not jurIst, as lawyer UNDER
stands the term, though 1t would seem now
TINT nny OF us who crave 1t may be called so
by the newspapers after we arc dead. He |
was much more than that he had that rare
gift, even among successful lawyers, n legal
mind In the broadest sense. He WINS quick |
of apprehension, fertile In suggestion, |
forcible In expression and clear In state |
ment, courteous and patient in his bearing
to the witness, to the jury, to colleague,
to his opponent, to tho court. No one was |
more ready to avail himself of that new
light which constantly CLEANS out In the
progress OF trial Mt nis prlus, and, to the
watchful observer, illumines some corner
which before had been darkened by real
or apparent conflict of testimony. His skill
as pleader enabled him always to clarity
the issues involved, his kindly bearing nm
dermined the instructive attitude of oppo-
sition often unconseiously assumed by all
verse witness and encouraged his own, |
while his broad and Catholic human nature |
penetrated the jury box and touched the
hearts OF its occupants with q responsive
thrill which made them feel happy II they
found themselves tending to agree with his
contention.
But it was not only at the bar of this
court that his qualifications were apparent.
He was powerful antagonist or a valued
associate, whether in q trial before Jury, |
cause In equity, or an argument iu the
court OF errors and appeals, while ms coun-
sellor, he added to a knowledge of the law |
that robust common sense which Is so es-
sential an ingredient OF judlcious advice
from lawyer to client.
With such uuallflcations-and think I |