The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-01-03
II. BOARDMAN SMITH.
DEATH OF A DISTINGUISHED CITI-
ZEN AND FORMER BENNINGTONIAN

Review Of the Principal Events in His Ca
reer-His Services in Congress, on the
judicial Bench and in Other Important
Positions.
The death of Judge Ii. Boardman
Smith, which had been regarded as in
evitable for more than year and which
had bpen expected almost daily for sew
eral weeks came yesterday morning
about O'clock. 1t was not. therefore. a
sudden shock to this community when
it came, but the announcement, never
theless, made profound impression in
this city, and was the topic of conversa-
ton everywhere, especially in those cir
cles where Judge Smith had been 80
long a conspicuous and honorable figure
The many great and admirable quail ties
of his mind and heart were brought up
again in eulogy and everywhere were
the deepest respect and kindliest feelings
shown toward the good man whose long
delayed rest had come at last.
The disease with which Judge Smith
suffered was a tumor or growth con-
nected with the kidney, which had its
commencement about four years ago, |
and which, by its slow increase, caused |
such disturbance ofthe digestive organs,
as finally, to terminate his life by grad |
ual exhaustion. More than year ago, |
when it became evident that unless the |
growth could he removed, it would be |
the means of his death, an exploration |
was made by an eminent surgeon. DR.. |
Bull of New York, resulting in the die |
covery that extirpation could not. with |
any degree of safety, be accomplished. |
From that date Judge Smith bravely
waited for the end in Gods own time
illustrating Christian graces of the high, |
est order and winning the deepest sym
patty and love of all his friends.
A little over sixty-two years ago. on
August 18th, 1926, Horace Boardman
Smith was boru to DR.. and Mrs. Nathan
iel Smith in Nottingham, Vermont.
His mother was a Boardman. and his
parentage on both sides partook of the
blood Of New England's best and fore
most families When young lad he
displayed great zeal and perseverance as
student, and just before he became of
age he was graduated from Williams
College as a member OF the class of AZ.
At once he entered upon the study of
law in the Office of Elk Coy. Robinson of
his native State. Removing soon after
to Emira he entered the office of Judge
Konkle, and in September, 1850, he was
admitted to practice i'll the bar For
thirty eight years, with the exception of
the period when his time was employ ed
as a member of the National Congress
or on the judicial bench he was engaged
in the practice of his profession in this
city. HIS first partner was the late John
Murdoch, another distinguished lawyer.
Later he became the head of one of the
most noted legal firms of the State, that
of Smith, Robertson DC Fassett. Mr.,
Robertson died a few years ago. Mr..
| n. p. Fassett is now the surviving men,
Der of the firm. The three men thus
, associated represented different qualities
and lines In legal business, each strong
in his department, and the practice of
the firm naturally took on very large
proportions involving great responsible
tiles and demanding the highest order of
talent.
In 1859, nine years after his admission
To the bar, Mr.. Smith was appointed
county judge of Chemung county to fill
the vacancy caused by the death of
Judge Theodore North. Two months
later the election came on and Judge
Smith was chosen by the people to fill
the same office. In the following win
Ter, however, Judge Smiths health gave
way and he bought it best to resign his
office and seek the benefits of milder
climate. Therefore he gave up the
iudgship and started for the South, max
ing the entire Journey on horseback and
deriving great benefits therefrOm. Re.
turning to the city he resumed practice
r.A tENt -
until the fall of 1870, when he was
nominated by the Republicans for Con-
gress. He was elected and served in the
Forty first Congress with prominence
was re elected to the Forty second Con-
gress, his second term expiring March 4
1875 In his first term he was mem
Der of the committee on claims and In
the second was chairman OF the import.
ant commi' tee on elections. While IL
Congress the measure known as the
back pay bill was passed. Judge Smith
refused - take fol himself the share
which came TO him, about $4,000 but
gave it to the Orphans Home, believing
that to be the fairest distribution to the
district. All through the Congressional
service and afterward Judge Smith was
a coufi lential friend of President Grant
On one of the Presidents Wis Is to + mi
ra he was entertained at the Judges
residence. The two men were drawn
toge' her especially by Judge Smith:
forts IN CongIess to procure the settle
ment Of International disputes by arbi.
tra;iun, his resolution to that effect, en-
towering and directing the President tC
proct ed in such matters, being the first
OF he KIND introduced. In all the work
of his C ,ngres5ional duty Judge Smith
was 'aIuu-, industrious and untiring.
In he fall of 1888 Judge Smith was
nominated by the Republicans for the
Supreme Court Jus'iceship of the Sixth
district. Aiterward the Democratic
convention also nominated him and he
received practices ly the unanimous vote
of he di1trict. He assumed the dutie.
of the office June 1, 1884 and continued
therein until December, 1887. when he
was so enfeebled by ill-heslth as to ne.
cessitate his relief from active duties for
a time. In March. 'S8, finding that
there WAS no prospect of permanent rt-
covery he resigned and Governor Hill
appointed his son, Walter Lloyd Smith
who, at the election last fall. was also
nominated by both parties and elected
for the full term.
Judge Smith was a man OF deep relig-
ious convictions. He was greatly inter.
ested in his chur oh. the First Presbyter-
ian, and prominent participant IN all
its good work. He was, also, lover OF
literature and was especially fond OF
poetry and work Of philosophical char
acter. In the height of his physical
powers there was no better public speak.
er than he in this part Of the State His
addresses were polished but strong
They exhibited the culture of a we'll
stored mind, abounded in the keenest
wit and never failed to create pro
found impression. One of the most not
able of his speech in this city was the
one he delivered in StAncitfe Hall on
the anniversary of Washington's birth
February %. 1862. when the war excite
ment was at its height. 1t was regarded
as one of the most remarkable addresses
ever gwen in E'mira.
Judge Smiths death is the first break
in hi. immediate family circle. Mrs
Smith, daughter--Mrs. Nellie Smith
Saylps. and two sons-Judge Walter
Lloyd Smith of this city, and the Rev.
Wilton Merle Smith of Cleveland, mourn
L. FaNl, Mra