Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1911-07-19

This il ths nftisth snnivsrsAry Of thu
graduation OF Chief ustics Lucilius A.
Emery, OF Maine, from Bowdoin college.
Within the past few months his son and
his daughter have bssn given honorary
degrees from Bowdoin. II 10 the cepten.
nial year Of the town Of his birth (Carmsl)
where Chisf-Justice Emery deliversl the
principal address. He has concluded, OF
his own volition, his long and salutary
service on the supreme bench Of Maine;
has rendered his resignation to take effect
on July IS, and on July q will have
reached his seventy-first birthday, when
the Maine bench and bar will tender to
the retiring chief banquet, expressive Of
the ten thousand things-kind, apprecia-
tive, loving and neighborly--which they
feel in the hour Of deep regret at his re-
tirement.
In anticipation OF that hour (now in the
offing) let us make a brief commentary in
a natter Of fact and discursive wsy re-
garding the chief-justice, not an eulogy;
we leave that for others more fitted; not
an appreciation for this is not to be ana
iytical-but just an everyday story of the
man as we have met him day by day, told
chiefly in anecdote and in incident.
While those who have known Judge
Emery we'll, regret his leaving the bench,
they fully realize that he has earned q
long vacation. He has been.a tremendous
worker. No judge on the bench has ever
given more time and energy to the duties
tba N haa ha Th;. IL asv;ru v,,,,.h f,p h..
court Of this State is not made up OF
drones. II 1t were, litigation would never
be ended, for the system under which the
court works needs much reformation to
meet the demands Of the time and to ex-
pedite the settlement OF cases. Whether
sitting ct the trial or the Law term or ct
work in chambers on the opinions in
gently, and now he proposes to take q
rest and devote himself to the enjoyment
OF life, free from the cares OF ofacial
position. In his retirement from the
bench the best wishes OF his associates Of
bench and bar 60 with him.
Judge Emery has frequently been re-
ferred to by those not close to him as q
stern man. Nothing was ever farther
from the truth. He has q splendid sp-
probation OF humor, and Is Is democratic
| as any man. The great mass OF people
have seen him only in the courtroom or
in some official capacity. A thorough
lawyer, believing in the great importance
OF the court, he has always endeavored by
example and other means to maintain that
a. - LII - -
court should have, to be effective. II is
this dignity in Justice Emery which
many mistake for sterness.
1t may surprise those who know the re-
firing chief-justice only as he is on the
bench, or who have heard him reprimand
an attorney for breach OF etiquette in
the courtroom, to know that out among
men, sitting in the comfort OF cool piazza
or in the study of his home and cottage or
the den of a friend, this same man can re-
lax, putting dignity aside, stick his feet
up on chair or veranda rail, yes, and
even sit in his shirt sleeves, while telling
stories and having jolly good time. This
is a side Of the chief-justice which the
great mass OF people, both in and out OF the
bar, know nothing Of. But this is the
Judge Emery that his family and friends
know and love.
OF all the men who have sat upon the
judges bench in Maine, few have been
better able to conceal their own opinions
from the jury during trial or q delivery
OF charge, better than has Judge Emery.
In the heat OF . hard fought trial, lawyers
have accused him of favoring their oppo-
nent, but later, when the blood had cooled,
have said that his course was impartiaiity
ITSELF
An example OF this ability to control
his own opinions and carefully conceal
them from the jury, was given in Bangor
several years ago. BY many who heard
the charge, 1t has been considered the best
example OF the attitude which the justice
presiding over q trial should maintain,
ever witnessed in Maine.
A man OF about thirty-eight years OF
age was under indictment for q criminal
assault upon . little girl OF four years.
The evidence in the case was 30 conclusive
that 1t seemed almost sheer waste OF
time to put It before the jury. Guilt vas
conclusive. Throughout the trial, which
occupied . day Of the courts time, the
chief-justice carefully guarded the inter-
eats OF the respondent, and when his
charge was given, It leaned, II ct all, to-
ward the respondent. Later In his cham
bsr, when Q member OF the bar congsatu-
lated him, tbs chief justice said:
~ am pleased to hear you say that. I
feared it would ~ otherwise. nsvsr saw
. clearer case Of guilt, or heard Of more
brutal crime than this. Hanging 10 too
easy punishmsnt for that bruts.',
Quite number Of years ago, in the days
when Aillinocket was In the embryo
ststs, chap named Bill Mccormick ran
smuck one day. Bill was . lengthy indi-
vidual, standing over six feet and plsnti-
fully equipped with muscle, - well ~
propensity to fight when he had been
drinking. He punched and thumped