The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-10

lowed by an address by Captain Joseph
G. Waters, who was an intimate friend
of Mr.. Case during his lifetime. The
services at the cemetery were conduct
ed by the Masonic bodies of the city.
The palIbearers were A. ]. McCabe,
Charles F. Spencer, John Martin, A. w.
Dana, z. T. Hazen and Howell Jones.
The Masons had charge of the music
and conducted the services at the grave.
Captain j. G. Waters Address.
Following a short funeral address by
Rev. Charles NJ. Sheldon, Capt. ]. G.
Waters spoke as follows:
I'm the last few years the Topeka
bar has attended the funerals of Judges
Horton, Martin, Green, Ellis, Cunning
ham of the supreme court, Judge Val
entine, an ex-justice of that court, It's
reporter Dewey and Guthrie, Morton,
Bergen, Redden, WEIGH. Williams, OV-
ermyer, Clemens, Hagan, Captain John
son. Jetmore, Hotchkiss, Ward, Lynch
and Rossington; some of these men
We're apparently so strong and power
full, that we half believed that they
could stalk death back to its lair or
win in an encounter with it.
Mr.. Case, the most elderly and the
most delicate of them all, except Judge
Valentine survived them. The great
losses the bar has sustained have been
sufficient to unnerve and appall those
who yet remain; and 1t requires some
thing more substantial than philosophy
to be unmoved at this repeated call out
followed by our side.
st had known Mr.. Case for very near
" 40 years. We have met as opponents
many times and have as often Joined
forces against others. During all this
period as Mrs. Case well knows, the
friendship between us was hearty and
unbroken. For years our offices were
separated by a convenient hall knew
him thoroughly. He had a head native
to the law. His brain was a legal pro-
position. 1 can say of him that many
times during all those years, L have
gone to him for advice on some legal
proposition and he was always a help,
and he gave graciously. If he had an
ambition 1 do not know in what direc-
ton it tended or what it could posi-
bly, have been. One may readily sur
mise what would have been the out
come of a lawyer, who, in his lifetime,
tried more capital cases than any other
lawyer who ever stood at the American
bar, if there had run through his veins
some lordly, compelling ambition to
control and dominate him; and espe-
cially is this so when it is known that he
achieved great success as it was.
He cared not whit for politics eX-
cept to serve some friend; the party to
which he belonged was calOuSed with
defeat and for many of the long ago
years, it was so sparse in numbers, that
it took his presence to constitute a
quorum.
from the first onset to the last shot
fired If an opponent unwarily had its
attention distracted, he was a lost man.
In the heyday of his most vigorous ca
reer, his practice extended well over the
state The man in trouble hunted for
Mr.. Case. If he had had ca particle of
greed in his composition, he would long
ago have been a very wealthy man. He
did not have it. His heart mellowed
at any story or distress. He gave when
he should have kept, and then to ease
his conscience he forgot the transac-
ton.
I'm his younger days he Travelled the
circuit, embracing hundreds of miles
and many counties by wagon, Concord
coach and may be afoot. He was one
of a coterie of splendid souls and great
minds who went to the battle, friends,
fought over its field, and returned as
intimates and companions. Among them
were some registering blades, alive and
quick in action, and deep in the ro-
nance of the thing, as Dumas guards
men.
I'm their rounds the unwritten law re-
quired those who were successful in get
ting their fees to divide with their
less fortunate brothers. which they
cheerfully did. we'll knowing their own
necessities would come later.
1.-The years have been full of stories
incident to their itineraries of the
courts, told to the dreamy ear in the
court room, as the train Jared its way,
around the fires of hotel, at the table