The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-03-30

lJgE1r 4gttH
Smoreland, who was at one time at me
head ct large mercantile establish
tment IN Trederlc ksburg. but VINO " re.
moved to Fauquier county In 1870 ara
became an extensive owner OF real es-i
tate. He was captain in the Cont
mental army In the war OF the ReVo.i.u -s
ton. General : Payhes mother was ths
daughter OF Hon. Nicholas Fitzhugh ana
Sara Washington Ashton OF $5t lting
daughter OF Colonel Burdctte Ashton and
Anne washington. Anne Washington
WAS tho daug hter o Austin washington
and s Arne Aylettc, and therefore the
ir,itceaor GeneralI nv EhiEgtoil.-ss "
1.-The first Payne came $toathls country y,
IN wi lliam, younger brother Of sir
Robert, one OF the stockholders IN the
second charter. granted In l6E's zen su erai
Payne orce said Of his ancestors IhfS
wore typical Virginians. loving horses;
hunting, wine. reverencng women and
their mother state, to which alone they
acknowledged allegiance" They were were
people OF means but apparently without
\ a particle OF political ambition.
A Fine Type of Man.
General Payne was one Of the finest
types Of the finest class OF men Wno
have ever lived in any country or in any
time. Gentle as woman, yet terribly
stern when aroused; fond OF pleasure,
vet working with such energy after the
close OF tho war that left his native
state in ruins that he succeeded In amass-'
Ing a considerable forture;. cavalier
who rode with Stuart and Ashby, daring
to the point Of recklessness; brave as q
lion. his tenderness and ltindress were
apparent to all thrown with him:
y. General Il Payne entered the Virginia
Military Institute IN 1S+7. He is recorded
as having graduated with his class, but
Fhe often told Of how he and a ttmper
o. other young fellows left the ins tlLu-
Etion at tho request Of tho superintendent
Fbeforo tho completion Of the course; be-
cause OF their having played some BOY
ISL prank in violation Of the regula tions
The board OF visitors offered TO take sl ne
cadets back after sllort tlll'e, ". ny
ger era had fallen In love In the m e ili,
time. and determined to go TO the uni-
varsity ofgVirgInia and make a lawyer
az himself. After the war the board OF
visitors in view Of the distinguished ca
rear Of General Payne and General James
Walker. another OF the expelled ica a. \ U.s. s
mad Diplomas sent them and caused thelr
names to DO enrolled among tho iist o.
graduates. .i3 il
Successful in His Profession.
After graduating in law at the Uni
yersity, General Payne was admitted 70
the bar In Warrenton In 1851, ana was
Eaiented commonwealth attorney Of F,ntl-
1,ler county about 1855. defeating MI
Robert ~. Scott, who was tho leader or
the WING party IL, Virginia. Generas !.
Payne held the Office nps to the tlme ol
| the war ana through tic roconstruction
ipariod whom he surrendered It, Since
i ia war General Payne had been almost
Continuously engaged in the practice Of
lis profession. About two years ago
Ia retired, and Stree that time had spent
much Of his time IN this city, and q rev
weeks ago wenttto Florida In the nope
OF recovering his rapidlySfailing strength
But the journey did him more tarm tiiun
good ana his condition %hen ne re-
Turned 10 wnshingtor was worse than
w,ien he went away. He continued to
fa,l RAPIDLY until death came. General
pnvne was counsel for the old Virginia
Midland railway and its successor tho
southern) for thirty years, He was
Recognized as ono Of tho nblcst lawyers
OF this country.
General Payne was never a politician,
not that he did not take lively interest
In public affairs, hus he was ~ no sense
nm office seeker. He was a. member or the
Democratic state convention sat IN
Richmond on August 1877, ana MS
speech nominating General Fltzhugh Lee
to the goyernorship. was q gem Of I'M.
"a sioned oratory. He was q member OF
lie Legislature OF lssl-'sl but he entered
nnlitics then as he had entered the army
twenty years before-from the convc-
ton that 1t WAS the duty Of every man
10 rush to the aid OF the State. which
was then about to BIO delivered into the
hands Of Malone The latter was elected
to the United States Senate by that Leg
islature.
Prepared for the War.
Though eminent as a lawyer, It Is az !. 9
soldier that General Payne will BIO chiefly
remembered by thousands q men who Y!
wore wore tho gray, One Of the most striking
portions of General John 3, Gordon's res
cent volume OF "reminiscences q the VA r,