Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1908-11-03
TRIBUTE TO BENJAMIN HAYDEN
Prominent Men of Oregon EulOgize
the Deceased Pioneer
Lawyer

Al hOtblOL4As hoLOoIAJ AAOA hLhfS5 OCSOOOA
20, passed into history the name Of a
man who has, practically since the
first beginning of the development of
Oregon as territory and as a state,
been recognized as one of its strongest
and most representative men-a man
possessing a fund of mental power
and native ability in the lines of work
ne pursued, which was truly marvel
Gus, and man whose name will be
long remembered kindly in the state
and the country in whose development
he played such an important part.
The Oregonian ofSunday's issue con-
tains the following well-melited
eulogy of Benjamin Hayden, one of
the last of the fast disappearing pio-
neer lawyers who had so much to do
with the work of launching Oregon
upon its career of statehood:
Benjamin Hayden, whose death oc-
Cured in Salem last Thursday, was
one of the last of that small band of
pioneer lawyers who were known as
the circuit riders. George Fl. Will
liams, Of Portland, is probably the
last of those who were well known to
the early settlers of Oregon. When
in the prime OF life, Hayden was
recognized as one of the best trial
lawyers in the state and even after he
retired from the active practice of law
about Is years ago he was an adver-
sary who severely tried the mettle of
of lawyers of the modern school.
''He was the quickest man at repair
tee I ever knew and about the best
judge of character. He never hit over
the heads of his jury" This state
ment by Ex-Judge W. P. Lord sets
forth one of the secrets of Hayden e
remarkable success at the bar,
Another characteristic which gave
him power as an advocate is mentioned
by A. Bush, the pioneer banker, who
says, "He was honest in his impulses,
warm hearted and true to his friends. u
His reputation for honesty secured
him the confidence of the people.
which includes the confidence of
jurors.
The work he chose for himself and
for which he was best fitted was that
of trying questions of fact before a
jury. Drawing pleadings was drudg-
cry for him and he left that part foI
others. In drawing a jury, cross
examining witnesses and presenting
an argument upon the testimony, he
was unexcelled in his day. His only
law office was in his home on the farm
at Eola. He had a very small library,
which included the codes and a few
standard text books. When the time
arrived for the opening Of a term OF
court in any one of the counties Of his
district, he saddled one Of the big
mules used on the farm and rode the
circuit with the other lawyers, among
whom were Ncsmith, Delazon Smith
Williams, Kelsay, Strahan, Curl
Boise and Bonham. People whC
needed his services either called upoI
him at his farm or waited until ht
came around on the circuit.
"Hayden's mind was one Of th'
strongest and most vigorous Oregon
has ever known" is the opinion o
W. H. Holmes, who was for number
of years very closely associated will
the far-famed circuit rider. "He had
wonderful memory, extraordinary
skill in marshalling facts and present
ing them to a jury, and remarkable
power in persuading or convincing
any body of men whom he addressed
Perhaps the man who was nearest his
equal In debate was P. @. Sullivan, alsC
Polk county pioneer, and yet
remember to have seen Sullivan com
pletely vanquished by Hayden. They
engaged in a political discussion a
Eola, and Sullivan spoke first for al
hour and half. In an address tina
occupied two hours Hayden so thor
oughly won his audience that the
crowd refused to listen to Sullivan'i
closing speech, but all got up anc
left"
Hayden's power as a debater wai
frequently demonstrated during the
legislative session Of 1870, when h
was speaker. Whenever important
discussions arose he did not hesitat'
to call some other member 10 the chai
and take the floor himself In suppor
OF the views he entertained. Thougl
he was not a man Of scholastic attain
ments his language was grammatical
II his figures Of speech were not Away
elegant they we're at least apt and force
full, leaving a strong impression upon
the minds Of his hearers. Few public
speakers in Oregon have possessed
clearer or more enduring voices.
He was not only honest 10 business
affairs but was intellectually honest
for be neverespoused a cause in which
he did not believe. Though a stauncf
Democrat be broke with his party a
the beginning Of the Civil War and
remained loyal Union man. Though
he had political aspirations these wer'
not deep-seabed and he felt DO disaP
pointment over the failure ofhis party
70 nominate him for the high ofloei
his abilities fitted him 70 GIL
Though Mr.. Hayden was scarcely
e1ceIled by any man 10 the power q
use vituperative language effectively
be never exercised his power, as som'