Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-05-28

that be was rarely, il ever, loud or demon
stratiye but was calm and unrpffied in voice
and manner. although he naturally possessed
great spirit and the internal fires might be
working within him. His words we're soft,
but his arguments were hard-they were
bits. He was gentle. but his very gentle
ness was strength. He was an attractive
figure when standing before jury IN the
role of an advocate, bis arguments being
| always impressive and sometimes infused
with mental fervor smounting to elo-
quence. His charges to the jury from the
bench were also always clear. cor else. and
logical, sometimes very forcibly and impress
sively delivered.
He exhibited during all the time he was
in judicial office a great fondness for con-
stitutional questions, and he was familiar
with all the cases involving such questions
in the reports of the supreme court of the
| United States. Some of his own best
opinions relate to constitutional law. All
of his opinions in our own reports, though
written with unpreten,ious style and with no
aim for the attainment of high literary
merit, are notable for their clear express
sion, their brevity and precision, and the
logical and conclusive augmentation ex-
hibited in them.
Still he did not particularly fancy that
branch of his judicial duties, and he ex-
pressed an apprehension, when he came to
the bench, that the writing of opinions
might be irksome to him. He felt, how
ever, great contentment with the duties of
the nisi prius terms. In that field he dis
played a remarkable patience and endur.
ance. His terms were never too many
nor too long for him. They never were
shortened from petulance or for his per-
sonal convenience. 1 never knew him to
express the least objection to any work as
signed to him. He exhibited great practical
sagacity in the matter of receiving and
weighing evidence and in his explanations
of it to the jury. He had that happy
medium of promptness and deliberation"
which is necessary for. the easy and success
full accomplishment of business. Possess
ing, as he did, a thorough knowledge of the
common law, and love and appreciation
of its principles, the work of applying its
principles to ever changing and differing
facts was evidently fascination to him.
Not only was his memory storehouse for
a vast amount of common as well as legal
lore, but he had quite masterful faculty for
grasping and comprehending facts and intui-
lively perceiving their true force and effect.
He had rare judgment in this wide field for
investigation. How full of significance are
facts in their infinite forms when truly in
terpreted! How full of light and logic and
even of eloquence to some minds, and how
full Of darkness merely to other minds 1t
has been said that any solid block of mar
BILE may contain beautiful images which the
hand of the sculptor only can chisel out.
So does mass of facts often contain deep
ly imbedded ideas which only the mind of a
master can bring to the light Said Edmund
Burke on this ideN Facts are to the mind
the same thing as food to the body. On the
due digestion of facts depend the strength
and wisdom of the one, just as vigor and
health depend on the other. The wisest in
counsel, the ablest in debate, and the most
agreeable companion in the commerce of
human life, is that man who has assimilated
to his understanding the greatest number
of facts"
1t may readily be supposed, from what
has been said of the mental and moral
characteristics of our late associate, that he
would be, as he was, particularly helpful in
consulting over cases with the other judges.
He was really model for example in
the consultations. Invariably calm and
patient himself courteous and con-
siderate towards others, cautious in the ex
preston of his views, and never unduly
moved by any opposition to his views from
others, no man in my day has had, or was
entitled to have, more influence in the
settlement of questions on such occasions
than he. 1t is within my recollection that
in few instances at least he was extreme
ly successful in some Interpretation of facts
or some expression of opinion which
carried conviction to all minds, dissipating
all doubts and differences previously exist
ing among the judges the incident remind
ing us of the success of the skillful bowman
in the scene described by Tennyson:
"When one would aim an arrow fair,
| But send it sackly from the sling,
And one would pierce an outer ring,
| And one an inner, here and there,
And last the master bowman, he
| Would cleaye the mark"
By his long continued and arduous la
bors in all branches of the judicial service he
has exerted an influence that will be perma-
nently felt in the jurisprudence of our
State. His own strong individuality has be-
come impressed upon the pages of our judi
cial reports. He will long be remembered by
the bar and by the public as a very able and
honest judge. But not alone for the value
of his ordinary judicial services will he be
remembered ny Tue people VI Malne. ne
State is deeply indebted to him for the con-
scientious and courageous part acted by him
in the scenes occurring in the year 1880.
when a plot was meditated by misguided
men to wrest the government of our State
from the hands of its legitimate possessors.
In the necessarily hurried consultations
held by the court, to consider questions of
great public magnitude submitted for its
opinion by the State officials, Judge Libbey
was not a silent actor was not led but was
himself leader. His clear and strong I'M
derstanding and his cool and well-balanced
judgment excellently fitted him with
ability to cope with the questions which
arose in that momentous crisis, and enabled
him to be of service in exposing the weak
ness and folly Of the devices of the would
be political plotters. The seemingly
formidable plot. having neither moral nor
legal ground to stand upon, failed. Some
of the bitterest OF his political associates
manifested spite against him because he
failed to play the part of friend and parti-
san in furtherance Of their wishes. But
his honorable conduct will be commended
by the better sentiment of all parties, and the
| State will not soon cease to respect the men,