The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-02-12
BY Mr.. PULASKI CoWPER
He Was a Fine Lawyer and a
Good Legislator.
HIS DUEL WITH Mr.. FISHER
Though Judge Caldwell Was Apparen-
thy Brusque and Seemingly
Reserved he Had
Kind Heart.

Ia MIL Viz liz NNst' AAAS h'oAA W N|A'
Andrew and Ruth Caldwell. His
mother was the daughter of Hon. VIII
liam Sharp.
/ He went to school in Iredell county,
and when prepared for college entered
Chapel Hill, but did not graduate. He
was member of the Dialectic Society.
Among his college classmates were Bed
| ford Brown, Bryan Grimes Gather OF
/ the late Major General Bryan Grimes),
! DR.. William r. Holt and James r. Nor
| rison. He read law under Hon. Archi-
| bald Henderson, and was admitted to
the bar in 1915, and located first in
| Statesyille, n. c., and subsequently
I'moved to Salisbury, ~ G.
| lie was first married to Miss Fannie
| M Alexander, n daughter Of William
! Lee Alexander, and granddaughter Of
| Judge Richard Henderson, and n niece
of Hon Nathaniel Alexander, Governor
of North Carolina in 1905. The issue
of this marriage were six children
William L. A. Caldwell, Archibald H.,
Elizabeth H. (wife of Col Charles T..
Fisher, who fell CALAMITY leading his
regiment at First Manassas, Richard
A. Julius A., and Fanny M. (Wife of the
late Major Peter w. Hairston) OF
these, there only survive Or. Julius A..
Caldwell and Mrs Fannie NJ. Hairston.
His second marriage was TO Mrs.
Troy in 1899, but from this marriage
there was no issue.
He was first a member of the House
OF Commons from lredell county in
1917. lie was elected to the House of
Commons from Rowan county in 1925,
and was q member Of the Sneate from
Rowan In 1929, 1880 and 1881 and was
Speaker Of the Senate in 1929 He was
appointed a Judge Of the Superior
Court Of Law and Equity in 1914 lie
was six feet one inch in height, weighed
about no pounds, blue eyes and black
hair.
Judge Caldwell was good legislator
and being a fine lawyer of sound sense
and judgment, he knew the needs Of
his constituents lie considered their
interests and secured the enactment Of
laws conducive to their advantage and
protection. He was dignified and re-
served. firm and decided in his views
and opinions. unmoyable when his
conclusions had been reaeheTf and
steadfast and unaiterable In his rui-
ings. lit is easily to be conceived that
he made a most capable and accepta-
bic presiding officer. and gave 10 the
Senate a Speaker equal to any Of those
who had preceded him.
He is better known To the people OF
North Carolina as Judge of the Supe
rior Court of Law and Equity, which
position he held from 1874 to 1859,
when he resigned. His manner, Dig
nifty on the bench, high sense OF honor,
his moral rectitude, his firmness and
determination, his just dispensation Of
law and justice, tempered with mercy
and tenderness, if justified, or applied
with harshness and rigidity, if de
manded, constitute the upright Judge,
and cause him TO be remembered as
one of the best and purest judges re-
corded in the annals Of the States
history.
What he conceived to be his duty he
performed with fearlessness and in
difference to criticism. He was graft
fed ut the sanction of his fellows in his
acts and deeds, but the want Of that
sanction would not alter his purpose or
deter his action. if he conceived he
should follow the line his judgment
and conscience dictated to him to pur-
Stts lie NOu&A tAO ltOtIhl4iE btteh1 F%@FCA
ed of improperly. If ne were invited
to dine. or to tea, he would he sure TO
be advised If the party inviting had q
case in court, and if 80, he you'd rs
surely decline the invitation. III the
whole term OF his service as Judge,
and at that date he frequently had not
access to railroad facilities, it may be
safely stated that, unless prevented by
I 2 Il a. foil hFt@ ~
his seat on the bench, and open court
on time on Monday morning. ] have
| known Judges, frequently, not TO reach
| the county scat before Tuesday, when
| they had the chance to ride on trains
that ran sixty miles an hour.
No leyity or confusion was tolerated
/ while he was holding court. Old man
/ Solomon Blythe, one morning walked
| into the court house at Jackson, n. -
| and his conversation being sufficiently
| boisterous to disturb the court, the
/ Judge said: .Mr. Clerk enter fine of
! fifty dollars upon that loud talking
man over there After court adjourn
| ed the Sheriff applied to old man sol
/ onion for the fifty dollars, who, Just
/ at this time, observed the Judge pass
4 ing by, went up to him and said;
Look here, Nj Judge, how ~! the
h-ll did you and this here id Sheriff
/ make it so much? Can't you afford TO
take a little less? I'll go TO Jail before
/ I'll pay that much" solomon's face
showed he rga5fl,t no disrespect, though
terribly in saTnest. The Judge replied;
well, then,aald man, how much can
YOU pay? Well said Solomon, I'LL
pay twen1xhve dollars. or 20 70 jail.
Then said&the Judge, "You 90 TO the
Clerk ana - him twenty-five dollars
and then g6home, and don't you come
to Jackson again while am holding
court" Solomon obeyed, but the
Judge, before he left, released the fine
aud directed the Clerk to return him
the twenty-five dollars.
John r. Drake, the witty and sensl-
bic Clerk of Northampton Court, ~
ante-bellum days, was afflicted with
two ieesygcoarse and fine-he would
start coarse and end fine. His desk
was right under where the Judge sat