Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-03-24
THE DEAD JURIST.
SOME PERSONAL "REMINISCENCES OF CHIEF
JUSTICE WAITE,
Recalled BY Members Of the Wheeling Bar-lntsr-
sstng Chat BY Some Wsll-EnOwn
Attorneys.

The announcement Of the death Of Chief
Justice Waite, yesterday, caused a good
deal of surprise and regret among the at
t~erneys of this city, many Of whom had
practiced in the Federal Court while the
deceased was upon tia bench, and several
Of whom knew him quite intimately.
Among those who expressed SORROW at the
death OF the distinguished juTist was
William Erskine, who said:
81 remember Mr.. Waite very well. He
was an exceptional man in many respects,
aud won the admiration Of all coming in
contact with him. 1 became acquainted
with him through the well known cause Of
the B. 60. V, the p, ". & KY, R. R
Co, and the city of Wheeling, which was
heard before him in the Federal Court at
Parkersburg, in 1881. In this cause, the
B. & o. was represented by Messrs. II. NJ.
Russell and Daniel Lamb, the p, W. &
Ky. by Messrs. ". p. Hubbard, the late X.
G. Barr and W. L. HtarnP, while / repre-
sented the city, being then City Solicitor.
One thing abOut the Chief Justice impressed
me very much, and that was the quickness
with which he grasped the essential points
of a complicated and unfamiliar case.
Messrs. Hubbard, Barr, Russell and myself
spoke. l remember that | began my speech
in the afternoon, and had not finished it
when Court adjourned. That night |
studied up the brief, intending to explain
the points the following morning, but dur
ing the night the Justice Went over the
record, which made q closely printed book
of some four hundred pages, and when
Court opened he was fully informed and
knew as much about the details as did the
counsel engaged"
"Mr. Waite was q remarkable man"
said Mr.. W. II. Hsarne. VERY many of
the men upon the bench of the Federal
Courts are the reverse of companionable,
but he was geniality itself. Upon the
bench he devoted himself sssiduOusly TO
the business before him, but once outside
of the Court room he laid aside all thoughts
of Judicial dignity, and wa "a pleasant as
the youngest attorney at the bar. He was
a great mau to ask questions about the
country where he happened to be holding
Court, and wanted to know all about the
people, manufactures, etc. No brighter
legal mind ever grac5d q Sapreme Court
bench, and his death will cause general
and sincere regret"
"Mr. Waite's most conspicuous chsraC-
/ eiistic was the quicknes9 with which he
graspel and understood an unfamiliar
case" said the venerable Daniel Lamb.
His aptitude in this regard impressed me
very much in my practice in the United
States District Court, at Parkersburg,
where he was sometimes upon the bench.
He was very companionable, and his high
Office did not Interfere with his free inter
course with the attorneys who had busi-
ness relations with him"
The district iu which Mr.. Waite sat
with the Circuit Judges at times embraces
the States OF West Virginia, Virginia, the
Carolinas and Maryland, and is known as
the Fourth Circuit, " said Mr.. b. S. ALI
son. THE Chief Justice never held Court
at Wheeling, the only point in West Vir-
GINA visited by him being ParkersburG.
He was weil.known to many Wheeling at
torneys, however"
Attorney General Caldwell said: "He
was one of the few real great men in the
country; holding a position that was even
more honorable and more important
than the Presidents, because he was there
for life, yet he was the personiiication Of
~p!ainness and ease in his goddess. When
he had any business with You he made you
sit down alongside of him and tell your
story as would talk to a friend at din
ner, and before yoa knew it you were Just
as much at ease and as fully composed az
the great iuterlocutor himself. Indeed he
was a splendid man and a splendid Judge;
there was no politician or partisan about
him, and his dissenting rulings on consti-
t%utional questions from the associate JUS
tees showed his respect for the rights of
the States under the constitution"
Attorney 7. s. Riley thought that Pres
ident Cleveland c0uldn'tdo better than ap-
point Judge Cooley TO the vacancy. He
said he was one Of the greatest lawyers 10
the United States.
Hon. J. j. Woods said: Justice Waite
was undoubtedly the ahlest man who has
occupied the seat in my recollection. He
possessed q thorough knowledge Of law ard
o man qualified in every way to fill
the position with distinction. As a lSwyer
aud a Judge he had no superior, in my
opinion, and / regret his death deeply"
John o. PendletoD, Esq thought Chief
Justice Waite wa a profound man, widely
read, and q quick, but safe thinker. He
very conservative, and o most Impair
tial Judge. None of his decisions had ever
been called in question. Lacking what is
brilliancy, he was fully within the
ranks of the great men of the country.
James P. Rogers sid the deceased could
be set down 90 being a better Judge than
be was a lawyer. He was not the p0ssess)r
Of a brilliant mind, but at the ssme time
he was quick to discern the knotty points
If a complicated CAUSE.
This opinion was almost duplicated by
F. Jones, and n or two others.
CHARMING MINNIE MADDERN