Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1889-12-10
Judge Thomas c. Green.

4ealCQ lot SONIC Gltues OUT MS QeaCu
was entirely unexpected at the time
by his friends, in spite of the shat
tered state of his health for the last
few months. His funeral, from Zion
(EpiscopaD Church, toqk, place on
Friday, Dec. 9Th, last. He was in
TERED in the burial ground of that
church.
Judge Green was a native of y1r-
ginia, and at the time of his decease
in his 10th year. Since 1876 he has
been one of the Judges of the Su-
preme Court of Appeals of this State,
and as sHch has well earned an en-
viable reputation as one of the most
distinguished jurists of his age
Before his elevation to the bench he
had enjoyed lucrative practice at the
bar of Jefferson county, being es-
tcemed among such associates as the
Hon. Andrew Hunter and men of that
type, as foeman worthy of their steel,
and as profound scholar in the
science of law.
Like all of his profession who es-
poused the cause of his native State
and followed the standard of the i'm
mortal Jackson, he was disqualified
from practice for some years after the
late war, but when the disqualification
was removed he resumed his practice
and vas in the full tide of success as
practitioner, when in 1875 or 6
his well earned reputation for legal
knowledge, and his many qualifica-
tons for the duties of judge of the
highest court, caused him to be Sc
lected for the position, which he
adorned until his death.
Well advised was the Governor of
our State and wise were our people.
when the governor appointed and the
people subsequently, elected, Judge
Green to wear the ermine upon the
Highest Court of jldicatdree. 1t was
at time when our laws might he said
to have been in their formative pro-
cess, when the change of all of the
machinery of State government hav-
ing been accomplished by the sep9ra-
ton of the State of Virginia and the
creation of the State of West Vir-
ginia, the young State had reached
that stage in its existence, when its
laws were being reduced to practice,
and their daily application to the null
titudinous affairs of life caused that
frequent appeal to Courts of Justice
for. decision and construction, that is.
common to ali governments in such
an infant state.
As the court Of last resort, the Sn-
Prsme Court of Appeals had resting
upon it a labor of the highest import
How well it performed its duty is
known to. every studious lawyer and
indirectly to all the people OF the
State.
As one of the Judges of that Court
for the last IA years, Judge. Green
has eobspicuouslt assisted in the great
lntjdF that has been performed, and in
raising its decisions to that degree of
eminence that has made its opinions
Of Weight and Importance beyond the
limits Of its Jurisdiction.
Profound in Iearningt untiring in
research, eminent in analytical power,
he was also marvellous in energy. in
domitable in the pursuit of unerring
principles, and in some of his opinions
has left the indeiible impress, of a
great judicial mind upon our juris-
prudence.
To the biographer more particular
" belongs the duty of narrating the
details of his services as Judge,
but we alIude with pride and pleas
IRE to two of his opinions. which rank
as leading cases in this State and else
where, on the subjects upon which
they were written. One of them is
on the law of Separate Estate of Mar
rted Women, reported in 18th West
Va. Reports in the case of Radford VS..
Cuvill; the other is on the subject of
Primitive Damages, reported in 31st
West Va, in the case of Pegram VS..
Stortz. In both of these cases, and
on each Of these subjects, his inves-
tiigatiqhh Vas thorough, complete and
exhaustive. pIodding his way sa-
gaciously and labofioiisi5 through
countless conflicting decisions of other
States, amid sre.ioqs arguments by
eminent Judges and writer's on both
sides, he reaches the goal of correct
principle hidden beneath the great
mass Of error and doubt, and dis
closes it with such richness of, learn
ing, c6gency of reasoning and power
of illustration as to attract at once to
these. twp DEGREES the several high
Courts Of the different States and the
brightest minds Of bar and bench.
While extending to his. hereaved