Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-08-21
JUDGE WALLER REED STAPLES,
The Eminent Virginia Lawyer and Statesman Who Passed
Away at Chrisausburg Yesterday Morning


not believe to be true. He will be sadly
missed. RICHARD II. CAItDWELL.
PLACE IN PUBLIC AFFAIRS.
Judge Staples has filled for many years
q large place in the public affairs of TINS
state and ia tho Ioeai p-ofessios., esd ha .
always taken a leading part. he al
ways took a lively interest in all pohtl-
cal movements. and this interest con-
tinucd 10 the last, and in that sphere or
public life he will be greatly missed.
iIO had strong and active mind, and
thig coupled with an unusual power or
clothing his thought in vigorous speech,
rendered him strong and effective ad-
VOcItC.
lis loss viii be greatly felt in the legal
profession which he continued to prose-
cate up to the time of his death, notwth-
standing his failing health. and his death
wild be bomoaned by his many friends in
tins community and other parts Of the
state. FRANK w. CHRISTIAN.
MR.. MASSIES ESTIMATE.
The Bar of Virginia has sustained a
great loss in the death of Judge Staples.
Ms reputation is too well known TO re-
cure any extended account OF his work
as judge, jurist, and statesman. lie de-
liVcrcd many important opinions while
t, was a member OF the Supreme Court
OF Appeals. His style was clear, cOgent,
ana generally compact. and it is a plea
aCTc to follow him through the reports
4! .hat court. His mind retained its yigor
shS distressing disease under which he has
fallen, and he has very recently won some
g,Cat victories and achieved new hOnOrs
bsiore that high court of which he was
formerly so distinguished q member. lie
was leading counsel in the case of Fifeld
vs. Van Wick, which involved the con-
, stsuction of a VIII under which a large
estate was devised 10 certain trustees for
tie benefit Of the New Jerusalem Church
;WedenbOrgian), as they shall deem
best" argued and decided last April. In
this case the subject OF charitable and
| religious gifts was fully discussed with
great learning and ability and the court
held the devise invalid, practically over
ruling the famous Churchman case, re-
ported in so Va, page us, and the Guthrie
! case reported in So Va. 10, and reaffirm-
! ing the doctrine laid down in the case OF
| Gallego VS.. Attorney-General,3 Leigh, 400
! decided in the year 1892.
Judge Staples was unable to stand du-
| ring the argument. but delivered his
speech from his chair by permission ol
! tho court. He was ably assisted by Judge
L. l.. Lewis, and this case. in which
believe he made his last appearance a.
a practitioner. viii remain as a monument
/ 10 his learning and ability About egh-
teen months ago Judge Staples won an
| otter great triumph. OF which ] have
| heard him speak with pride. 1t was the
I case of "MunfOrd, trustee, VS.. McVeigh'
| Administrators" reported in 92 Va, 4i6
/ Here he succeeded in overturning the
! case of "Meem VS.. Dulaney," IS Va. GA
| on the subject of usury, which attracted
! 20 much attention when II was decided
! in the year 1892 Hal Dulaney who was
at that time perhaps the wealthiest young
/ man in Virginia, was approached in May,
/ 1876 by his friend. Gilbert S. Meem, for
/ the loan of $1,000 Dulaney replied tina
! his money was invested in United States
| per cent bonds and that he did not
! have that amount 10 lend, but Meem was
/ persistent IN his request. and said that
/ If Dulaney would lend him the money
he would pay nm per cent in
Meem pleaded usury against this
/ debt and his plea was sustain
| ed by the Supreme Court OF Appeals
! Judges Lewis and Richardson dissenting
! have heard Judge Staples say he al
/ WAYS regarded that decision as erroneous
! and that he at once determined 10 attack
| il If he ever had an opportunity. Thi:
| opportunity was given him in the cas-,
| NJ "Munford vs.. McNeigh." IL Is a note
| worthy fact that Judge Keith, who haC
! decided this case In the lower court upor
| the authority Of "Meem VS.. Dulaney, >
sat i'm the Court of Appeals at the re
/ Quest of counsel on both sides-a higl
! Compliment 10 his judicial character-and
! delivered the opinion OF the Supreme
/ Court. reversing the decree formerly en-
/ tered by him in the Circuit Court. Anc
| the extent and consequence or the victory
] won nv Judge Staples may be estimated
from what Judge Burks says in a note
TO that case published in the Virgins
Law Register:
"Neem VS.. Dulaney was very import
tant case. not only on account Of III,
srount of money in litigation, but alst
on account of the principles involved. L
was twice heard. The first hearing wa,
before four judges, the nth, Judge Rich
ardson, being absent; The argument o
counsel was very full on both sides. an,
the court took considerable time TO con
sider of it's judgment. After 1t was ren
dcred. and that without dissent a re
hearing was granted and additional coun
eel one of the ablest and most learneS
,e.,vers in the State, was brought int
the case by the appellee. The argumen
orally. and by briefs. at the second hear
Ing before a full bench. was exan NOR