The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-29
JUDGE DAYS TRIBUTE.
Mckinley, the Lawyer, the Subject of
His Discourse.


CANTON, Sept. 2S.-The Bar Association
of Stark County to-day adopted a compre-
hensive and touching memorial on Pres
ident Mckinley. Among those delivering
e~ulogies was Judge Day, who in part, said:
Our thoughts to-day turn from the image
of. a lamented President. mourned of all
mankind, loved of all people, forever Sc
cure IN the history of his cOuntry'S great
leaders, to the young and buOyant presence
which came into this community thirty
four years ago to begin the struggle of life
in his chosen profession. The world is
filled with the praises of all men for his
achievements at the head of one of the
most eVentful administrations in our his
tory. To the class of lawyers who dis
courage litigation, who act the peacemaker
between neiShborS and do all they can TO
Keep clients out of court, rather than to
help them in it, William Mckinley be-
longed.
1T was Major McKinley's ambition in
his early years to become a lawyer, and
the widest horizon of his hopes took in,
as the grand prize TO be striven for, a
place upon the Common Pleas bench of his
district. That he would have made a good
Judge, no one doubts who is familiar with
the strength and fairness of his mind and
his lntu1tiVe sense of justice and rights so
essential to success upon the bench.
The war and its four years of service,
destroying his hope of further collegiate
instruction, nevertheless brOadened and
strengthened his character, taught him to
submit to reVerses, to be moderate i'm sue
cess, TO be cool, Self-reliant, watchful and
courageous, qualities as essential TO the
lawyer as to the soldier.
"When the young lawyer came to Can
ton he opened an office in the same build
ing with one of Canton's famous lawyers,
Judge George w. Belden.
"One evening Judge Belden brought a
file of papers into Major McKinley's Of
flee, telling him the case would be argued
the next morning, and he wished him to
argue il. This was sudden, but there were
some hours before morning. and those the
young advocate devoted TO preparation.
The next day TIE case was called and
Major Mckinley argued and won it. Judge
Belden offered him a partnership. The
offer was accepted, and from that time his
position at the bar was secure.
"As prosecuting attorney he never al
lowed private malice TO control the prOSecu-
ton, and made it a rule never to recon-
mend an indictment unless the proof war
ranted the belief that the accused was
guilty. He soon became engaged in i'm
portant civil causes. He tried a great va
riety of them. He was in many of the lead
ing cases in the country.
''In a famous case of alleged malpractice
he was associated with John McSweeney
and William a. Lynch for the defense. In
this cOmpanionship of great lawyers he did
not suffer by comparison.
AT one time there was a great strike in
the Massillon coal region. Riot ensued, the
militia was called out. Men were arrested
and brought to Canton under strong guard
for trial. They appealed TO Major McKin-
ley to aid in their defense. He investi-
gated the case and found some of the men
had been wrongfully accused OF completely
in the acts of violence charged. He un-
dertook their defense ana was successful
in securing an acquittal or the majority or
them. Realizing their hardships, he re-
fused all compensation for his services.
I'm the trial Of a case Major Mckinley
gained the confidence of the jury by the
fairness and courtesy of his conduct.
Ito the court he was thorough and
logical and always fair. To a jury he had
the same power of epigrammatic express
sion which has enabled him TO state party
politics and political views in phrases which
compass a great truth in a few plain words.
''When he went into Congress, IN 1877.
as he often said, he found his legal eX-
p~erience of great benefit TO him. His speech
on counting a quorum in the F1fty-first
Congress is the most full and complete
presentation Of that question made IN the
He ever believed legal training and dis
ciDline one OF the best OF preparations Tor
success in public life. 1t was a common
expression of his, when looking Tor some
one TO execute an important task, Find
me the best lawyer you can and L Will un-
Gertake the work
From the time he opened his office in
Canton until he closed his career In his
tragic death his life was a continuous
growth and development. With steady
poise he arose. equal 10 every occasion,
and proved himself competent TO the great
opportunity of his career.
He never tired of repeating the Incl
dents of his professional life and while he
would probably never have resumed the
practice of his profession, his countrymen
would have insisted upon The benefit of
his counsel and advice in the local affairs
which are sure 10 crowd upon our at
tentiOn in the future.
NO man had greater right 10 hold life
dearer than had William Mckinley on that
fatal day when he was stricken. He had
earned a place in history seldom accorded
TO man. He was loved of the people, as
has been ~truthfully said, as no other Presi-
dent was ever loved while in office. He
had been tried sorely. and his patience.
wisdom and courage had raised him TO the
highest place in the confidence of his coun-
trymen. The great problems of his adj
ministration were in the way or success
full solution. The home he loved Was 10
be his resting place and the friends OF his
youth. the companions of his retirement.
The life OF his dear companion had been