Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-05-28
ling of facts would bring the rest, more than
his share of the time.

ung OF FACTS would pllng TIE rest, more thai
his share of the time.
OF so-called eloquence he knew little; OF
the polished defamation of the schools be
was equally ignorant. He doubtless cared
for neither, but he possessed in an unusual
degree that power to compel assent by the
forceful statement of every day facts which
is an attribute of only strong minds. His
arguments mnst have been singularly free
from flowery metaphors and historical illus.
trations, bot he could talk as a plain man
with something to say to plain men with
something to do, and with a single home.
spun thrust let the air out of many q rhetor-
ical balloon. 1t is no wonder he was a
dangerous antagonist at the bar.
As q member of the court he retained his
individuality. His conception of the duties
of the hisi prius judge would not permit
him to sit idly by and allow what he consid-
cred the wrong side to prevail, though in
accordance with legal methods. He did not
believe that the court is merely starter or
time-keeper in the trial of cause but that
it is an important factor in reaching just
conclusion.
the strength of his hand in the guidance
of a case, and when it fell too heavy there
have doubtless been some complaints; but
it should also be said that they have always
felt that the strength was used impartially
and that it was their cause and not them
selves that received the chastisement.
As a member of the law court his work
bore the stamp of the man. His mind was
by nature a legal mind. 1t had not re-
ceived the aid of classical education or of
wide culture, but it was naturally strong
and accurate; it worked like logical ma
chine and carried him from premise to con-
clusion with mathematical precision. He
believed in cold law and his conservatism
would not allow him to wander far from
the beaten tracks. Though deeply versed
in the principles of equity yet he held the
reins with somewhat of legal tightness.
l think the members of the bar will agree
that he rarely granted an injunction in an
equity proceeding. His written opinions
are models of strong, close logic; free from
all ornamentation, they always decide the
point squarely and clearly. They could
not be otherwise; what he thought, he
thought and no one else for him, and what
he said, he said in his own way. The judi
cial structures that he built were like the
house in which he lived with neither towers
nor turrets, verandas nor bay windows but
with firm foundation of solid granite,
superstructure plain but substantial and
"four square to every wind that blows"
Such men are rare. They seem to be
rarer now than ever. 1t sometimes seems
as if the old growth of oak had been quite
of less hardy grain. That, however, msy
be owing to the perspective, but certain it
is that such strong characters as Judge
Libbey's are not often met with. He was
unique; he resembled no one else. 1t
might not be best to have the court made
up of eight such minds; out of the mingling
of diverse intellects and temperaments the
wisest conclusions are doubtless reached,
as white light is the union of seven distinct
colors. But the strength which he added to
the bench will be granted by all, and espec-
tally by Your Honors who were associated
with him. During the twenty years of his
judicial life he rendered the State invalua-
bic service, and left record of which one
might well be proud.
Born in comparative obscurity, deprived
Of early advantages, he rose to an honored
and commanding position because of his in
nate strength of mind persistent industry
and strict devotion to his profession.
Judge Libbey will long be missed. The
impassive face, the whitened locks, the
dignifed bearing made him marked figure
wherever he went. He looked the ideal
judge. But to those who knew him his
legal and judicial attachments were no less
marked than his personal presence.
He lived serious, genuine and rugged
life, and died as he would have wished, in
the midst of judicial labors. 1t is fitting,
that here in this Court House which was
the scene of his early successes as a law
yer, and at this law term at which he so Of
ten participated as a judge, we should pause
a moment to pay our tribute of respect to
his memory. Examples like this deserve
our recognition.
Gen. Charles Hamlen said
This beautiful and solemn custom which
we observe today is not confined to one
county or bar. Members of the legal pro-
fession throughout the State are always de-
cent not to fail in offices of tenderness to
pay meet homage to our noble dead. l do
not, therefore, feel that, as a member
of the bar Of another county, am intrud-
ing by adding brief tribute to the memory
of Judge Libbey besides the tender, true
and feeling words already spoken by my
brothers of the Kennebec Courts.
My brethren have united in perpetuating
in an imperishable record the life and SER
vices of one of their own number, at the
bar and on the bench. The portrait which
they thus hand down to all time, embalmed
in love and veneration, il that of the hon
est man and Judge who won his way to the
highest honors in life relying solely on his
own merits.
The key note of his success is Loyalty.
He was loyal.to his profession as counsellor
and attorney; he was loyal to the State as
an honored and ever trustworthy Judge.
An intimacy of a few years has given me
an opportunity to learn something of the
minor lights and shades which the historian
80 often seeks in vain to discover and which
blend together so harmoniously in his
character. Emerson says, "the gentleman
is always SERENE" This attribute was an ever
present factor in his. Extraordinarily remind
ing us of its truth. Yet l can imagine that
a shifty witness, writhing under the eye of
the Judge who was merciless to liars and
deceivers, could never believe that under
ne ath all that quiet demeanor and sternness
of aspect beat one of the tenderest hearts
in the world.
He had but little of what society calls small
talk, and people were often oppressed with
the prolonged silence that would come into
A. o.~-.-..x:.- raoI