Huntsville gazette. [volume] (Huntsville, Ala.) 1879-1894, 1891-05-02

On Saturday last, the resolutions OF
the Huntsville Bar, on the death of Capt.
L. w. Day were presented to the court
by w. L. Clay ESQ.,, with appropriate
remarks.
The resolutions were received by the
court, and ordered to be spread upon the
records of court. Judge Bruce said:
The court most heartily concurs in the
sentiments expressed in the resolutions
which have just been presented, and in
the remarks which have been made.
| The motion that the resolutions be
spread upon the records of the court as a
memorial of the esteem and regard in
which our deceased friend was held by
those who knew him best, is granted,
and in dong so the court cannot in jus
tice to itself do less than to add word OF
tribute to what has been so well and just
iy said.
Capt. Day, as he was Familiarity known
and called during the many years of his
association with us here in this court, was
well and most favorably known, and the
summons which. called him from earth on
the birthday of March last, brought sad
ness and grief to many hearts.
1t seems but yesterday that he was here
among us pursuing the duties of his pro-
fession, cheering us by his genial pres
ence and, aiding us in the administration
of law in her temples of justice.
Neither time, nor the occasion admits
that shall speak of his parentage, his
education, his service to his country as a
soldier in the time of war and the full
measure with which he performed the
duties of good citizenship in the time OF
peace.
1t is as a practising lawyer that he
was best known, and his brethren of the
bar have born warm testimony to his
ability and standing in the profession and
| desire to add only a remark or two
His mental qualities and his attachments
in the law were of high order. He was
not great advocate, did not assume the
role of the orator, but his knowledge of
the law was full and accurate, and in ar
gument his thought was so clear his IL
Illustrations so apt, and often so full Of
force and beauty that he uniformly com
manded the attention of both court and
jury.
His mental processes were logical and
deductive. His power of discrimination
acute, and his application of legal princi.
pies to the facts of his case was always
clear and often masterful.
He was fora number Of years Assistant
District Attorney of the United States fol
the District, and when not occupying this
position his services were sought for the
defendants, and his services were no less
sought for and rendered on the civil side
of the docket, so that he was almost con-
stantly IN court during its sessions,
and we all remember with what
unfailing courtesy to bench, to OPP
posing counsel and to every one with
whom he came in contact, he per-
formed his professional duties.
He was skillful pleader, and his Legal
papers were often models of brevity and
conciseness. His manner in court was
what is expressed in the latin phrase
.Suayiter in mode ut tortiter inre.
He was incisive and vigorous in the at
tack, wary and confident in the defense
He was an adept in the examination
and especially in the cross-examinatlor
of witnesses, and few excelled him I'D hl:
power to reveal and expose disengcnuou:
testimony, He did not, however, brow
breat and apply harsh epithets where
want of fidelity to truth was shown, but
was want to attribute it to the weakness
Of human nature, rather than to corrupt
and wicked purpose.
Perhaps word of commentator O
his example in this respect might not bt
out of place here, for certainly there il
little to approve, and much to condemn
in the practice less resortee to by lawyer;
now, than formerly, of denouncing thu
opposite party as totally depraved ant
his witnesses as liars and perjurers.
| Lionel w. Day, was in his profession
as he was in everything else, strictly hon
orable and upright, he was nothing if h
was not lawyer like, and use the tern
in its best sense. Few could appreciate
more fully, or put more strongly wha
might be called technical position, We
| he did not sacrifice the spirit of the law
to the letter, and immediate justice in he
own temple.
He had no use for what is sometimes