El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-10-06
HONORING TeEIR NEsTOR.
Bar Resolution of the Late Judge Davis
Presented at Court.


| Nav it please your honor: The duty
which [ rise to discharge Is melancho-
ly, yet pleasant; melancholy, because
we are so constituted that there is al
ways an element of sadness in any allu-
sion to the death of those We love;
pleasant. because [ have nothing but
good % say.
! Since the last term of this court the
Nesspr.of the Ell Paso bar, a grand old
entfe mai pure in his character, pro-
| fou1 nd 10 his learning, hOnOred by his
peers. revered by his younger broth
ers, loved by all, and disliked by nooe
who knew him has "crOsSed over the
river to rest under the sha1e of the
| trees
The Bar Association of Ell Paso have
embodied their estimate of his charact-
! err and services in resolutions, copy
of which hold in my hand, and have
| deputed me to present them to this
court, and to request your honor to
order them entered at large on its rec
Ords.
Bennett Hillsman Davis was BORN at
Somerville. Foyette county, Tennessee,
| February 5t1, 1882
His early education was obtained at
! Hanover college, indiana: while thers
| in 1852, his parents moved to Texas.
| He came two years later after the con-
| pletion of his college course. He
studied law in Galveston with Judge
| Hughes, one of the Oldest AMI ablest
lawyers in his day. and was admitted
10 practice in the district courts in
| 1854, and in the supreme court Feb
ruary 18th, 1861. He began the prac-
! tice of the law in Texas at Brennan in
1854 in partnership with Judge Lewis,
aud afterwards for short time pre-
vious to the war practiced at Austin in
partnership with Senator w. S. OLD
ham.
In the war between the states he en-
tered the service of the confederate
states as member of the well known
Terry rangers, all of whom. whether
officers or privates, were distinguished
fO- their gallantry. He was on the
staff of Gen. Wharton at the battle of
Shiloh. He was always elO4ue 1T, earn
est and enthusiastic in descr bing that
great conflict and regre ting its uafor-
tunate result, due, as he believed, in
great measure to the untimely death
Of the great commander, General A
| bert Sydney Johnson. He continued
| in the service of the cOnfed crazy until
| the war ended. He believed that the
| principles for which the confederate
states fought. the autonomy and self
government of the states as sovereign
| and independent, were right and re-
GREETED that they were Overpowered in
their struggle.
After the war he resumed the prac
| tice of the law at Bryan in 1860, where
| he formed q partnership with our
brother. Captain 7. J. Bea1 OF this
professional firm Judge Wyndham
Kemp, another of our honored and
| beloved brother became member in
1875 at Calvert.
He was a prominent and Influential
mem Der of the Constitutional COnven-
| ton of 1876, which, af err that of 1915,
was one of the strongest bodies inte-
lectually and morally that ever as
sem bled in the state.
| In 1878 his name was before the
state democratic convention for one
of the judgeships' of the supreme
court. He failed, by one vote only.
| to receive tie nomination.
| Removing from Bry IN he came to Ell
! Peso in 1881, where The partnership of
Davis & B all was continued. Judge
Kemp coming to Ell Paso in 1885. the
partnership of Davis, Beall & Kemp
| death of the senior partner, which we
are now commemorative.
| AS a practicing lawyer Major Davis
had probably no superior, and few
| equals in the state He belonged to
the highest type of a thoroughly hon
est and conscientious lawyer. In the
| language of the resolutions which l
Sna present reaO, the pracJice OF
| the law was with him "a D ofession
not a trade" If | were called on to
point out what [ C nsidered with him
the controlling motive in the practice
of his profession, | should say it was
''the love of truth -
When a case WAS presented to him
for consideration he did not inquire,
'Can | gain, or will l lose it?' but he
sought to know what is law which
governs it In tn pursuit of his in
vestigation for truth he forgot both
case and client. When he had sat-
listed his own mind "a TO the law, if he
found that it would defeat his clients
claim, he promptly and conrageously
told him so.
Again, he was remarkable for his
fidelity and candor to the court. Whe a
he announced Il proposition of law the
court could unhesi atiugly rely upon
it as faithfully made He might b. in
error but be rever undertook to mis-
lead the court. | am sure your honor
recoguiz-d this feature In his charac-
tar and that it commanded him to
your hoLor's admiration.