Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1889-12-11
.Iudne rhomna Claibelne Green Dead.

4,h. at his residence in this town. Judge
Green was born in Cu'peper. Virginia, on
the 3rd dav OF November. lS2O-and died
aged SO years, month and day. lie was
a sou of the late Judge John " Green oil the
Court of Appet's of Vir- mia and hali-hro'h-
er OF the late distinguished William Green,
of Richmond, a gentleman of great legal
learning.
Judge Green was graduate Of Richmond
College. and at the aye of twenty three
years entered upon the practice OF his pro-
feSsion in thi, town Alter little while he
went to Romuey and remained there until
1852. when he returned 10 this place and
made it his home all the years until his
death.
Just here we make an extract from an ar
,icle contributed To the Hest Virginia Dean
ocrat by one closely related TO him probes
,iunally and competent to write of his pre-
eminent abilities in some lines of the legal
science.
Although not endowed prominently a.
% iury advocate, il was soon discovered thai
he w.,> ana indeiatigabe student, and pro-
found iurist At the trial ii.nla, m H'Si PR
,ts practice. he never did himself justice. Ia
argument, before iuries, he seemrd to weary
nim.... with determined effort of repet-
lion. rendered a. - thought necessary 10y
tbe fear that heshund not be understood 10y
the average iurymau. Nev,r, until hr
reached tine Court of Arp al az late age.
wa. hi, lran>cendent genius fully recognized
OF appreciated.
During tie John Brown trials here IN
1859 Judge Green and Maj lawson Bott~
were as-igned by Judge Parker as counsel
for Brown. Though they we're conducting
the case with superb abilities, with honest
endeayor to secure to the prisoner all the
benefits TO which he vas entitled under the
law. vet they yielded 10 the request OF
Brown to turn over the conduct OF the case
10 LAWYERS from distance who volunteered
thrir services.
Al the beginning of the late war he en-
tered the service of the Coniederacy as .
private in Company G Bolts Gray }, 2nd
Virginia Regiment, Stonewal Brigade, was
conspicuous Is a brave soldier aud neyerde
sired a more exalted position than that Of "
private soldier. During the war he was
called to a seat in the legislature, and also
made Collector of War Taxes and wa> loca-
tel, of course at Richmoud. During that
,ine ON one occasion, while the army wa>
On the iiuppahaunock and a great battle
WAS reported as imuincat az came down
from Richmond 'to help the boys' he said.
and brought his ration, with him The
battle not coming off then, Is anticipated,
bee returned 10 his post OF duty III Richmond.
We uish; mention incidents of interest To-
which our distinguished friend Wi, a party
in camp. on the field aud by the biyonac
fires, but the present may uol be the aPpro
PIRATE time for that.
We quote from the article in the Demo
crat:
Alter tie war closed, ne returned Hllh
ni, family 10 CharleS1uwd, aud opened an
office ior lne practice Ui IAN. soon al a.
wards u small prDpurtlun oi the population
al " cst NIrgIuIa, supported 10y Ihe Federal
arm, a,iZeu the rvlg-o al government, aud
vAc,udtd tine more enlightened class from
.IuLru,hlp, ANA the rfaAilce OF the liberal
PROFESSIONS. Under these IruScuiilye laws,
hr. Green WAS prescribed from the practice
uI late p!p.vs>iUn, except ~ Once wurG "nd
consultation. us was not permitted 10
Qlaniy al the bar, unui ,iiS 22nd oi tehru-
ay loo La The meantime he had TAX II
INTO la, Office, rs Il iull partner, Daniel i.
Lucas, much younger man, all Ul whuSe
lurmat.,e legal character aud attalnments
were moiIed under the Counsel aud dIrcc7
ton OF Judge Green lhl> connection last
e.. tor many Years. Early in the year 1876,
Mr.. Green Was appointed by Governor ia
coo to a position un the supreme Bench oi
the State. AT tie general election IN The
autumn 1f that year, hr MAS elected To MI
tuv uu, Xpirtd term "i judge Hoffman, ON
t.at Tribunal. Again, ia 1850, he was elect
cd ioi the iull tenn. which wlu not expire
u all JANUARY III. 1898. Thus lac had be,
a meub,r ut the supreme Court of ApPea.S
ui hi, Stale tor nearly fourteen wears, and
died ln office, his honors thick around him.
lu regard % Judge Green, rank as 81 juri>t
we are not leil To- conjecture. While lac did
not prs,c-- the Ecuit, oi condensed mrth'd
Which distinguished Rp9ue and Marshall,
vet las power of anaiyziug and cXhaustiog
Il subject VA, almost unrqualrd.
In several questions OF legal science he
has established presidents and settled prin-
cip'es OF ine>; ma5le value TO the profession.
I'm the case of RIdio.d " CarwiS'e re-
ported mn the 18th volume of the West Nir
gaia Reports, he took up the question OF
the Rights nf Married Women. uude- the
moderu legislation, aad in thoroughly ex-
hau,iive and learned opinion he got IN the
bi.tom of thu question and settled the Law
upon that subject Again. in the State "
The Baltimore X Ohio Railroad Company,
rrported in The 18th West Virginia Reports
Judge Green settled the principles which
upderlir uur Sabbath laws and let at rest
the pretenSinu that treir purpose was 10 en-
force a relieiou> or moral duty; on the con
trary their only purpose Is to enforce
the observance of one day Of rest in
seven. because such observance prnmotes
the physical, mental and moral well being
OF lhe community; and the first day of the
week Is selected merely ON the grounds of
cnnvenience With any other object than
this these laws would be- unconstitutional.
Again. I'm a more recent opinion ON the
subject of damages incurred by a saloon
k"eper who sold 10 drunken hu-blud,