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


professional success depends far more or
the well applied industry of counsel before
the argument that on dramatic eIoouence
IN the discussion Of the case.
He had strong memory of the facts OF
eaen particular case, and singularly lucid
method OF stating his reasons and con-
illusions.
The death Of Judge Libbey leaves wide
gap IN the membership of this court. His
cnalr stood for not less than one eighth part
of the bench.
he came into the work of q Judge un-
tried but well equipped, and year by year
during his eighteen years of service he
grew IN the estimation Of the bench and bar.
and at the time Of his death, was recognized
as one OF the ablest judges of the long line
OF able and eminent men who have adorned
the judiciary Of the State. His opinions
are models of judicial style. His style was
simple, perspicuous, dignifed; there was
no diffuscness to obscure the sense nothing
which did Lot contribute directly to bring
out and illustrate the point decided. His
legal learning was firm. He was not q
voluminous writer; not SO much q
student of cases as of principles; while
ne had full reverence for decided cases, his
opinions are not collection of authorities,
for they are spariDgly cited. The phi:
losophy of the law was what engaged his
attention and that he studied as science.
To the high reputation this court has at
tanned as one of the ablest tribunals of the
country, he has contributed bis full share.
His eminent associates on the bench have
been long accustomed to give him full
credit for the strength he impaired to the
court.
Being himself well-grounded in law, he
was quick to discern legal shabbiness and
very impatient of it. He was not always
patient with the lazy, laundering lawyer
who loitered in his profession and who
presented indolent, careless briefs. He re-
buked personal and plumber litigation in all
forms. No one ever juggled with justice
in his presence. Being exact himself in le-
gal ethics, he required exactness of others.
He sometimes spurred such attorneys and
for that reason was deemed by some to be
austere. But he was not. In truth, he
was tender-hearted, although he did not al
ways wear his heart upon his sleeve.
His social friendships were strong and
faithful to the end once formed they never
wavered, never faltered. His strength of
character made him bold in thought and reso-
lutte in expression. He was generally right
in his estimates and conclusions; but men
with strong points Of character often have
strong prejudices. These two elements of
human nature are often allies. 1t was so
with Judge Libbey.
1t is not just to judge man by detached
and separate incidents in his life; to COM
prehend him he must be judged as whole.
We mourn Judge Libbey as one who has
borne ripe fruit, who had run we'll his race,
who had accomplished long and honorable
career.
Hon. Emery o. Bean addressed the court
as follows:
Nay it please your hOnorS:
To few of the present members of
Kennebec Bar, this sad and suggestive
memorial occasion carries the mind back
to the time when our departed friend and
career so successfully filed, and lately so
honorably ended.
Judge Libbey was admitted to Kennebec
bar in 1874, and Immediately commenced
the practice of his profession in the town of
Albion. He resided there until 1858, when
he removed to Augusta, where he continued
in practice, until his appointment as one of
the justices of the supreme court in April,
1875.
At the time he entered the profession,
among the elder members of Kennebec bar,
there were many experienced and able
lawyers, whose practice was not confined to
the county, and whose reputation was well
known throughout the State.
Among those then in active practice,
and those who about that time entered
upon their life work with Judge Libbey,
are recalled the names of Allen,
Evans, Whittimore, Danforth and Clay
of Gardiner; Clark, Emmons, Du-
mont, Wells, Paine, Buker and Gilman
of Hallowell the Williams, Bradbury,
Potter, Bronson, Wourt, Vose, Lancaster,
Rice, Buker, Titcomb and Fuller of Au-
gusta; Boutelle, the Redingtons, Stark,
Moore, Noyes, Heath ,Stackpole and Chand-
Ter of Waterville; Belcher, the Mays,
Benson and Burgess of Winthrop; Fuller,
Foster, Estes. Morrill,, Howe, Gle and
Bean of Readfield.
OF all those named, with others, then
starting in the race of professional life,
there are only now remaining on this side
of the silent river, Whittimore of Gardiner,
Baker of Hallowell, Bradbury and Will
liams of Augusta, and Bean of Readfield.
To these surviving members of the bar,
who were the contemporaries of Judge Lib
hey, this is a sad record, and may only be
softened and relieved by the belief in a
continued and progressive existence in the
hereafter, coupled with the remembrance
of we'll spent lives, in the faithful and emf
nent performance of duty.
Happy for us, could we look back
upon our past, as filled with q
measure of usefulness and honor, such as
crowned the years of our departed friend.
While Judge Libbey did not mingle ia
society so much as many men in his posi-
ton, his attachments to family and asso-
ciates, were sincere and steadfast. In the
quiet of his home. and in companionship
with books and congenial friends his enjoy
ment of life, and of the fellowships of life,
afforded him contentment and happiness.
He was not particularly demonstrative
man in any of his relations or associations.
Sometimes in his hours of leisure and re-
Taxation, story and joke and repartee, we're
INDUCED in and thoroughly enjoyed, but as
a rule, the strong currents of his life ran in
deep and silent channels.
He was truly in love with, and welded to
the work of his profession, and of his judi