Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1896-10-29

mary.
In secular affairs Judge Dutton was
prominent socially, and diigent in BUSH
ness. He rendered to the community
that great service which a good business
man always does. He set an example of
business honor, diligence, attention an I'd
thrift, He had little of the speculative
spirit, and WAS universally regarded as
''safe." When the First national bank of
Ellsworth was organized, he became one
of its directors, and his good business
much to its success.
Judge Dutton's spiritual nature was
highly developed. He was fond OF his
church and Of the church people and in
stitutlon1. He was fond of nature. He
knew intimately the trees, the BEASTS the
birds and fishes of this section. His love
of plants and flowers led him to their
cultivation, and his large green houses
attest his loving care and skill.
He was not fond Of crowds OF men and
women, but was kindly affect toned
toward individuals. He often seemed
di5incilned to take part in general con-
versation, but those of us who met him
singIy, or with few present, can testify to
how Well and kindly he would then talk
Those who met him thus became fond of
him He was not SO much popular as
respected with the crowd, but he kindled
affection in those who came to know him
as many of us did.
His love for his friends WAS strong
His affectionate nature was easily moved.
| recall an instance when a trusted friend
by treachery and fraud caused him and
myself, with others, heavy pecuniary
loss. While some OF US fretted over the
loss Of the money, Mr.. Dutton seemed
! most grieved over the fall of his friend.
Another instance OF the strength of his
affectionate emotion may be recalled by
| some here present. Al the time OF exer-
cises like these in memory OF Brother
Woodman, While Others were speaking,
tears We're visible in Mr.. buttons eyes,
and when he in turn rose to speak, his
grief overcame for the moment his self
control. He thus revealed to US the
warmth of his nature.
! have thus far spoken OF the citizen, the
man, the friend. | have not spoken of
his domestic iife-that was beautiful, but
its memory belongs to him and his be-
loved family.
1t remains to speak of the lawyer
Judge Dutton brought much to the bar =;
the fruits OF Il college course ut Yale, a
course at the Harvard law school, and
study under the tuition of Shepey x
Strout. He often assured me he did not
plan to be distinctiveIy a trial lawer. He
hoped for Il quiet Office business practice,
which should be sufficiently lucrative for
his wants. As we all know, however, the
Hancock county lawyer cannot choose
his KIND of practice, and Brother Dutton
soon found that he must try cases in
court. Though he did this work we'll, he
never liked it. He was too kindly, too
sensitive, to enjoy the cut and thrust.
He stood up manfuliy to the work, how
ever, and, as can pHrsonally testify, he
/ impressed himself and his cause upon
court and jury.
In the trial OF causes his manner was
simple and direct. He used no arts nor
tricks. He essayed no oratory. He talked
plainly, as il believing, with Horace, that
the plain truth is beautiful and needs no
flowers Of speech for its adornment.
He was conscientious in his prac-
tice and his trials. He wanted to
be sure Of the justice of his cause
before presenting it. A doubt Of
the justice of his own side always
weakened his arm This was made clear
to Inc in the famous Smith murder trial,
in which | was associated with him in
the prosecution. AS county attorney he
conducted the investigation to find out
the murderer. He was cautious even to
hesitancy. The detectives even COM
planned that he doubted too much. |
knew he feared to do an injustice, that he
dreaded to subject an Innocent man to
indictment and trial. When finally it
seemed to him that Edward NJ. Smith
must be the guilty man, he desired my
attendance at the preliminary hearing,
not SO much to assist as to hear the evil
| dence and advise of its weight.
The trial itself was the most remarkable
that ever occurred in this county 1t
took place in Hancock hall, which was
packed with people. 1t lasted fourteen
days, and all through it Mr.. Dutton bore
the chief burden of the prosecution, and
in it he displayed ability, learning, dill
gence and watchfulness. His opening
statement was remarkably clear, orderly
and complete. His conduct of the pros
ecution WAS vigorous and efficient, but at
the same time perfectly fair toward the
unfortunate prisoner.
Judge button served the court and
bar for many years as member of the
examination committee. His own know
ledge of legal rules and principles enabled
him to correctly test the proficiency of
every applicant. He was inclined to
insist upon high standard of qualiti-
cation for admission to the bar, but he