The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-02-12

/ was Buck Creek, Burke county " here
| he could be found at any and all times
! Mr.. Carson was very determined man
and had killed his man i'm duel
| CDR. Vance, an uncle, / believe
| of the late Governor Vance), and
| il has not been ascertained that any
! one took the trouble to look for or to
| find him.
| 1t is somehow singular that, this be-
| ing political quarrel and party strife
| and spirit running high at the time.
| Judge Caldwell should have selected
| as his friend a leading Democrat with
| whom to entrust his life and honor;
| but it would I'm that il had not been
misplaced
| II was also Il singular coincidence
| that son Of MIR. Fisher should have
married laughter Of Judge Caldwell
| Col. Gha les r. Fisher one Of the
| States a0st honorable citizens. mar
| RED Ass Elizabeth II. Caldwell and
! One ot the issue of that MARRIAGE 81
! Mrs Herman, widely known as Chris
| tan Reid, whose literary productions
| have electrified the readers of States
! and Territories and are treasured and
| preserved in the libraries Of foreign
CHIMES The capable and wide-awalke
| editor Of the Charlotte Observer
Joseph Z. Caldwell is also n perheyv
Of Judge Caldwell,
he late Col. John r. Randolph. Of
jackson, N. c., told me an amusin0
incident which is illustrative of Judoe
CaldWell's quick spirit and COURAGE
Col. randolph was at one time n pt.ac-
tclng lawyer at the Northampton bar
and also Clerk and Master of the Cont
Oh Equity. The Judge and he were
bosom friends, and, when holding
court at Jackson, the Judge spent most
OF ms spare time with the Colonel
Some few years before the war Col
Randolph was appointed General
Agent OF the Mutual Fire and Life In
surance companies, Of Raleigh. which
required him to travel throughout the
State
On one occasion while at Kinsfon
buily about the town made some Of
fensiFe remarks in his presence which
ne believed were intended for him. and
besaid tothe bully: II am inclined 10
think, sir that your remarks are in
tended for me" Quickly replied tho
bully You are a id liar, Won don't
think any such thing" The Colonel
himself OF quick and impetuous tenn
per. fired into him with his cane and
gave him a sound thrashfng. lie was
indicted, and at the next term of the
court put in an appearance and sub
mltted. Judge Caldwell happened to
be the Judge presiding.
After court and late I'M the eyanino
the Judge said TO the Colonel, Come
John, let us take walk" The Colonel
acceded and they wentoff together. but
had not proceeded far when the JUDGE
said' You did wrong to strike that
man with that stick" Gwen. JUDGE
ne called me id liar" Never
mind, John, the law does not allow
You 70 strike man for calling you a
Id liar" Now, Judge, just think of
y! Suppose, Judge, be had called YOU
ID lar? John, the i1npudent
seoundrel. If he had called me
q ID liar ] would have given him ten
times a. much as you gave him That
! would, john"
Judge Caldwell died at his home in
Salisbury on the 9TH day of April, 1867.
IN the .seventy-seyenth year Of his age.
and was buried in the Lutheran grave
yard of that town.
Judge Caldwell was apparently
Orusque and seemingly distant and
reserved, yet it was easily observable
that, beneath chat dignity and reserve.
was kindly heart and suaye DISPOSE
tlon that at once dissipated and re-
moved all uncertainty Of approach
or communion. His courtesy and
kindness TO the younug members OF
the bar were noted, and they leaned to
him with exceeding tenderness and
regard. He would always protect and
shield the witness from what seemed
to him to be unwarranted severity, or
improper inference, exercised bv an
attorney--an example worthy to be
more generally followed by the judges
Of the present day. The moment the
attorney oyerstepped the mark and as
sailed the witness without cause or
justification, that moment the Gliding
remonstrance Of Judge Caldwell con
fronted him.
lie was a just, upright, determined,
fearless and able judge, who held the
scales Of the law in even Justice, and
he valued his honor of higher degree
than his life. If he ruled stelnly, it
was not without moderation or mercy.
North Carolina can well point with
q Just and elevated pride to the line of
her honored and distinguished Judges
of the past and present, and from the
bright galaxy OF the illustrous legal
stars that have illuminated, and do
now illunIine, the pathway Of her
judicial armament, no name can be
selected that more combines the quail
ties that 20 70 make mp the pure and
proper judge than the name of David
Franklin Caldwell. Pulaski Cowper
i'm Wake Forest Student