Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1919-10-15

erty, and that disregard of law, OF legal
rights, whatever the motive, weakens that
foundation and endangers the life, liberty
and happiness of us all. He held it to be
the duty of the lawyer at the bar, as we'll
as the duty OF the judge upon the bench,
to defend and enforce the legal rights OF
all, rich or poor, humble or eminent. In
deed, he drew inspiration from those in
stances in past history (now happily long
past) where lawyers ST the bar bravely ana
with ultimate success upheld the legal
rights of the people and the individual
against the tyraunical or servile bench.
He carried these high ideals into has
1 practice. Even when most busy, he
always found time to espouse with vigor
the cause of the poor and friendless, how
ever powerful and determined the opposi-
tlon encountered. Yet he was not dem
agogue, for he did NOT hesitate to defend
| with equal vigor the legal rights of the
rich.
He was always mindful OF the legal
rights of his clients, and never sacrificed
them to any interests of his own. He did
not advise litigation, either by Tay OF
prosecution or defense, however much
| increase of reputation might accrue to
| him thereby, unless convinced of its ne
cessity. In the conduct of litigation, once
resolved upon, he was vigilant, skillfuI,
forceful, unfiinehing and untiring. He
did not, however, make display of scumen.
II he saw fatal defect in his opponents
| pleadings, instead Of publicly proclaiming
| 1t by motion to the court, he would
| privately call his opponents attention to
il that he might withdraw his case with
| out public exposure of his error. Nor
| did he care for any petty, introductory
victories which only annoyed the other
side and prolonged the litigation.
| In the conduct of a trial he was straight
| forward. He presented the evidence for
| his client in its strongest light, and in
/ IA
| by even an unframed mind. His ad-
dresses to the court or jury were lucid,
| persuasive and convincing. He did not
declsIm, he reasoned He was usually
| dispassionate, but have seen him, when
occasion justified, overwhelm lying
sarcasm or scorching invective.
| In the strategy of litigation he was
| quick to see and profit by the mistakes
OF his opponent, yet never was there any
| suggestion of unfairness. He did not
consider it consistent with his duty to his
| client to enlighten his opponent, but he
never misled him. He was always the bic,
/ honora BILE and trusted lawyer, trusted by
| judges, juries, clients and his fellow law
/ yers.
But much as / admired the lawyer, 1
/ more admired the man. He was, in my
! estimation, an examplar of the man por-
| trayed in the familiar Ode OF Horace-the
man just and firm OF purpose, unmoved
| by the frown OF an imperial Caesar or by
the rage Of the pcpuiace. Mr. Hale was
always just in purpose If not always so in
| fact, but who of us is always just in every
instance? He had his likes and dislikes,
| sometimes strong, but they little affected
his Judgment. He was not blind TO the
| faults of his friends, nor to the virtues
4 of his adversaries. He gave credit where
credit was due. de was not a good hater
though he was good and fair fighter.
In his professional and political careers
| he passed through many contests. After
a victory, he was magnanimous. even gem
erous. After a defeat, he cherished no
| purpose of mere revenge. In the years of
my close intimacy with him / do not re-
cali an instance OF vengeful feeling toward
anyone.
He was firm OF purpose. Having de-
termined upon what he believed to be the
right course of action, he could not be
turned from il by solicitations, threats or
dangers. / need cite but one instance.
He believed the Spanish war of 1898 to be
unnecessary, and, indeed, that we had no
just grounds for declaring war upon
Spain. He also believed we should not
take over the Spanish islands and impose
our rule upon alien and unwilling peoples.
So believing, he acted, despite obloquy
encountered, despite warnings and threats
of political death, despite the fact that
, he must soon meet his constituents before
the fever of war and conquest would sub
side. In the contest over his reelection
to theSenate he did not retire one jot from
his position, and the State of Maine again
honored him with its confidence.
A corollary of his justice and tirmness
J WAS his integrity in speech and action.
What he said he meant, and he left no one
( in doubt as to what he meant. What he
promised he performed. He deserted no
friend in hi trouble. He was dependable
, in the best sense of the word.
am impelled to speak of one other ele-
: ment in his character. Self-reIiant, strong
of will, conscious of rectitude, reserved in
3. manner, he may have seemed to some to
be lackingiin sympathy and in kindness of
heart. am glad to bear testimony to the
5 contrary. During our partnership ! was
, often his almoner in relieving distress
: and was often witne of his magnanimity
toward political and other opponents. He
was charitable in judgment, and sympa-
thetic in misfortune. Those who knew
him best were his friends, and he inspired
! in them loyalty and affection.
In conclusion / would say that Ithins
he exemplted in many respects the
advice of Polonius to his son Laertes in
the tragedy of Hamlet. He did not give
he was courteous, but by no means
common. The friends he had, their
adoption tried. he grappled to his soul
with hoops of steel, hut be did not dull
MS palm Win entertainment OF every
unmatched, unfiedged comrade. He was
slow OF entrance into a quarrel, but
being in he so bore himself as 10 make
those opposed beware OF him. Above ali,
TO himself he was true, and hence he
was not false to any man.
And now a few words of farewell.
first addressed this court fifty-six years
ago this October term in a cause upon
the other side of which was he whom we
| how-a III
addressed the court for the last time,
, and l am glad | have lived to express
thus pu blicly my high estimate of his life,
character and service. ! was admitted
to his friendship, and whatever of
: service may have been to the State is
largely due to the stimulus of that friend
! ship. 1t is to me fitting contamination
that what is probably my last address to
the court and the bar should be in his
, honor.
have now long passed the allotted three
) score and ten years of this life. l feel