The Hawaiian gazette., 1890-01-28
THE LATE JUDGE PRESTON.

- Clock MOluaN morning, E1lS IlOuOT OuleI
i-ustice Judd, Mr.. Justice McCully, Mr..
N-stice Bickerton and Mr.. Justice Dole
were on the bench. The entrance to the
Court room was draped with black, also
the dais and the seat lately used by Mr..
Justice Preston. Among those occupy
inc seats in the Court room were: Their
Excellencles iona. Austin, Minister OF
Foreign Affairs; 5. NJ. Damon, Minister
OF Finance; i. A Thurston, Minister OF
Interior; Senior Canavarro, Portuguese
Commissioner, and the following mem
bers OF the bar, Messrs. A. S. Hartwell,
". 0. Smith, w. r. Castle, A. P. Peter
son, T. VI. Hatch, W. A. Kinney, J. NJ.
Monsarrat, A. Rosa, J. NJ Davidson,
Chas. Creighton, g. X Wilder, Cecil
Brown, s. X. Kane,,J. A Magoon, V. V.
Ashford, W. c. Parke and w. c. Achi.
Mr. Frank NJ. Hatch presented the
following resolutions:
Whereas it has pleased Almighty God
10 remove by death the Hon. Edward
Preston. Second Associate Justice of the
supreme Court,
Resolved; That in the death OF Mr..
Justice Preston the Court has lost
member OF profound legal learning, OF
great ability and OF unquestionable in
tegrity; that the members of the bar do
tender TO the widow of the deceased JUS
tee their sincere sympathy; that the
Court be moved to enter these resolu-
tons on the records OF the Court.
Mr.. Hatch said presenting these
resolutions desire to say that the men,
hers OF the bar were greatly shocked on
!, sarning OF the sudden demise OF Mr..
, -lstice Preston. They were aware Of
his infirmity and OF his suffering. At
the beginning OF the January term no
one would have thought 1t likely that he
would have been carried off so soon.
They could see now that it had been a
great trial for him to 90 on circuit duty,
especially TO Waimea. The late Justice
was q man of profound legal ability,
especially in the common law. No law
yer could be a great lawyer without
: knowledge OF common law. He was
a man OF tender feelings whose sym
p2thies were easily excited. We have
al lost a man whom it will be difficult
10 replace, and whose memory we shall
honor.
Mr.. Cecil Brown said I'm 1875 when
commenced TO practice atthe bar l first
net the late Justice and he rendered me
help and advice. Anything | wanted to
know, he told me not to fail and COM
municate with him. That was his
character. He was always kind to
young members OF the bar. 1t was my
good fortune to be intimate with him,
and We made several trips on circuit to-
gether. l never heard him say one I'M
kind word against other members of the
bar. His language showed that his
heart was kind and he thought of others
as he wished them to think OF him. The
bench and bar have lost one whom it
VIII be hard to replace. He was a man
against whose integrity no one could say
4 word. His knowledge of the common
law could not be beat. He has gone to
his last resting-place. No one thought
that on Friday when he left the Court
room that week later he would be no
more. Such is the decree of Providence.
Mr.. Justice Preston was a man respected
by everybody, and not person can say
anything but good of his name.
Mr. J. VI. Davidson said The sad
event that we have met together to COM
uemorate, admonishes US of the uncer-
linty CT the tenure OF life. And while
sc feel personally poignant grief at being
beref. OF our friends as one after another
pass away, we feel still deeper the loss
that the people and Government sustain
in the death OF a tried, trusted, wise and
honorable official.
A On nv arrival in Honolulu in the
autumn of 1876, | first met the deceased,
then practising lawyer in this city, and
otter thereafter met him at the Bar as
opposing, and quite as often as associate
counsel, our business relations were al
wavs Of the most cordial nature,
He was 4 man OF pronounced ability,
analytical mind, relentive memory and
great legal learning, and his knowledge
OF pleading and case law was marvellous.
His mind was like a well-ordered and
strong bank that can pay all drafts
without suspending and still have sur
plus.
He was fair and liberal antagonist,
never wasting time in vain discussion,
RELYING always on the strong points of a
case which no one was more quick to
discern, group or utilize.
He was never boastful or arrogant in
his triumphs, and accepted defeat in 4
manly wav. and if the solution Of the
problem did not please him, or was dis
tastful. he never complained. His verbal
promise relating to ali interlocutory
proceedings was good; written stipula-
tons were unnecessary. His word was
his law or rule OF action.
was indebted to him many times for
much useful information drawn from his
fund OF legal lore, and cheerfully ac-
knowledge the source from which 1t
came. When l returned to Honolulu
= after an absence Of five years, was fully
IMPRESSED with the change in his physi-
Pal condition. l saw that a hand was
upon him that would never loosen its
relentless hold, and was prepared for
the sad event that has called US together
here to-day. | do not, however, look
upon death with the horror that most
persons do. l view it as final refuge.
Lord Bacon quoting fayorite poet,
adapts the idea so well expressed :;
death is one of the privileges OF nature. !"
When disfgurements and infirmities
come. whether from disease or old age,
life becomes a burden. The Caliph
of Cordoba when he felt that the newt
able summons was made upon him, said