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


the very sinevs of the proposition to be de.
termined. His naked statement of a case
was, IN itself, an argument in its support.
He had the courage of his convictions,
and never failed to stand by, and act
upon them, until convinced of the
error OF his conclusions, and then he yielded
without question or complaint. For all
shams and pretences he had healthy con-
tempt, which he rarely failed to make
known when occasion required.
In trials before jury, he was generally
disposed to let lawyers manage their own
cases in their own way, but his suggestions
were frequently 4 great relief to attorneys,
and never failed, when duly considered, to
give progress to q cause on trial, towards
the ends of justice and right. He admired
briefness on the part of counsel, in the
presentation of causes, and his good taste and
judgment in this direction, were admirably
illustrated, in his clear, concise, terse
rulings, and written opinions.
In Judge Libbey's departure from the
duties and activities of earthly life, his
family 10 deprived of most watchful and
affectionate protection and care; society,
Of an upright and honest man; the bar, of
one of its most conspicuous and respected
members; the bench, of a true, helpful
and trusted associate; while the State at
large, mourns the loss of learned, upright
and honored judge.
Hon. J. W. Bradbury said:
May it please your honors:
have ventured out this morning to man.
ifest by my presence, my respect for the
memory of my late friend and neighbor,
and your respected associate, Judge Lib
hey, who has recently gone to his reward.
At my age very few words will suffice.
And as had largely retired from active
practice when he became one Of your asso-
ciates, knew him but IS a lawyer, and
shall speak of him a. such, and leave it to
others who practiced under him to portray
his character as jurist. .--
I remember Judge Libbey when he first
commenced practice at the bar, and I re.
call his marked characteristics.
Without the advantages of thoroughly
classical education and Of large association
with the legal profession he was well versed
in legal principles, and with modest conf
dence in his own resources he was self
reliant man.
MHe had clear, discriminating mind, log
ical and well balanced, and consequently
well adapted to discern the principles upon
which the decision of cause must rest, and
skill in marshaling the facts in evidence
that bore upon the vital issue.
With such qualifications and mental quail
tiles, he took good stand at the start. He
was not a brilliant orator. He could not
declaim, but what is better, he could reason
logically and with strength and force.
had been years in practice when he was
admitted, and in the trial of causes soon
found him a strong and vigorous opponent.
He was a fair practitioner, with none of the
pettyfogger about him. But he carefully
guarded and secured every advantage his
client was honorably entitled to have.
With increasing business and increasing
power he steadily advanced to the front
rank in his profession at bar of ability;
and he maintained his high position until
his elevation to seat with your honors.
always regarded him as having a judi
cial mind, possessing those qualities that
would make him useful in a body of legal
associates; and l recommended his appoint
ment to the bench, years before he received
the distinguished honor.
On the first occasion when this building
was occupied by the court, GA years ago, 1
was present. The law term of this
court was then, as now, held in May.
Chief Justice Mellen,a dignifed and courtly
gentleman of the old school, presided. His
associates were Judges Weston and Paris.
They did well their life work and have
passed away. With two of them became
well acquainted and l met the chief justice
occasionally in society.
81 f,,Ir Of
court were Shepley, Whitman and Nicho-
and tried cases before each of them.
With Shepley read law year or more
and learned to love and venerate him.
1t would be difficult to constitute better
court anywhere than Shepley and Whitman
alone would make. | next recall of the
Judges that had the honor to know, Good
enow, Kent, Cutting, Hathaway, Howard,
Tenney, Wells, Appleton, May, Stephen
Emery, Danforth, with all of whom was
acquainted.
They all filed we'll the high stations they
occupied, and have all gone to their re-
ward.
Judge Virgin was of a later period, and
his high merits are known to you all.
In this hasty recall of the past, without
any books to refer to, have probably
omitted some well-known names.
1t has been my lot to witness three gen.
erations of judges and three generations Of
lawyers that have passed away.
And last our neighbor is taken from your
ranks. 1t found him at his post of duty.
Yours 10 noble duty. 1t is to seek the
truth and right, to ascertain, determine and
enforce justice between man and man. And
God has set his mark of approval upon it.
He has so constituted the human mind that
such exercise of its powers as you duly re-
quire is a healthy exercise, and tends to
longevity, as is evidenced by the high aver
age of age that jurists attain.
But the end comes to all and the faith
full discharge of our duty to God and to our
fellow-men is the best preparation for the
life hereafter.
Remarks of Leslie c. Cornish. Esq.
May it Please the Court:
we'll remember the first time that l
ever saw Judge Libbey. 1t was in the
trial of the somewhat celebrated Hoswell
murder case at the October term, 1870, of
the Supreme Court in this county. His
Honor, Judge Walton, was the presiding
Judge His Honor, Judge Whitehouse, was
county attorney and Judge Libby was Of
counsel for defense.
was attracted to the scene by idle