Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1920-10-20

4 the English courts, and knew English
history BY heart, His great knowl-
opinions in the Law reports. These
decisions illustrate the extent and va
riety of his professional learning.
Only the other day l was reading
Judge Emery's remarks at the
memorial exercises held in honor of
! the late Justice Strout, at Portland,
! July 30, 1915, and it occurred to me,
/ that with a few minor changes, his
/ words might be used as a eulogy upon
/ himself. / quote here the closing
words of that exquisite panegyric:
! Justice in Brussels is a beautiful
/ group of statuary which arrests the
attention of every visitor. The central
figure is the robed magistrate seated
in the curule chair. Standing at his
right is the figure of a sorrowing
woman holding little child both with
arms outstretched toward the Judge
with pleading look and gesture that
/ on the left is the figure of another
woman. serene in countonance and
figure, holding the book of the law, to
an open page of which she silently
points as she looks upon the judge.
| The genius of the sculptor, however.
most appears in the attitude and coun-
, teuanee of the magistrate, so sad, so
troubled so longing to show mercy,
yet conscious of the demands of the
law. AS l recall to mind that wonder
full central figure of the group | seem
| to see the spirit of Justice Strout there
portrayed in the enduring marble"
1t seems to me that if we who knew
him best could but gaze upon that
statuary, which he described so wildly,
we might see in the central figure of
the group, the spirit of Justice Emery.
On the bench there was a pronounced
resemblance between the two justices.
| Their judicial temperaments, L think,
were much the same. At least they so
| impressed me.s Both were Independent
in judgment, and fearless in express
sion. They never left the attorneys
in doubt as to how they had ruled
| They enforced the law, though some
times reluctantly, however oppressive
or even unjust the courts might think
it to be. But both were intensely
human and their characters We're
Judge Emery was college bred,
| learned in the classics, and familiar
| with the writings of the best authors,
| ancient and modern. We see in his
! opinions in the Maine Reports, the I'M
mistakable proof of his literary ability.
! his knowledge of human affairs, and
| hisvigorous logic which left no trace
| of doubt in the pathway by which he
| had reached his conclusions. His SIM
! pie method of clear and unclogged
| statement bears ample proof of the
| scholar and sound thinker.
| His rulings, at nisf prius were clean
! cut and fearlessly rendered. His
| charges to the jury were free from
| ambiguity and simple enough to be
1 aNHNNAAS NOiibi CitAuth ny the average
| juror
| His opinions also impress us with
| his vigilance in safeguarding the
| rights and liberties of the citizen. For
| instance, in State VS.. Guthrie. 80
Maine, he says that a search warrant
| lis sharp and heavy police weapon to
be used most carefully lest it wound
| the security or liberty of the citizen"
Some of his written opinions in the
| Law court make excellent precedents
| to attorneys who may be in doubt as
! to the procedure in similar cases. That
| OF Hamlin VS.. Higgins, 102 Maine, is a
| good example. where he points out the
| way to attorneys in mandamus cases.
After his retirement Judge Emery
wrote many articles which are help
| full to the legal profession. l recall
| two which appeared in the Maine Law
| Review: One on the Advisory Opinion
of the Justices, and another suggesting
| certain changes in the judicial system
| and procedure of Maine. He was pro-
| gressive in all his views. and did much
| for the proper development of our
| Jurisprudence.
with these few simple comments on
his judicial career. 1 win leave him to
| those who are better qualified than
| myself to judge his work and give a
| true estimate of his character as citi-
| zen, lawyer and Judge. Judge Emery
! succeeded because he deserved success.
| His honesty, strength of character and
adherence to right and truth, pro-
| NOTED him to the highest judicial po-
sition in this State, which office he
| filled with dignity, ability and dis
| tinction.
1 dare say that much will be said
| and written about Judge Emery here
| after and posterity win know him.
| even as we know him, as a wise and
! impartial magistrate.
| The State mourns him as one of her
| first citizens; this county and city will
| remember him as an upright, affable
| public-spirited man; and this Bar will
| keep green his memory, and remem-
l
the distinguished lawyer, and the
| learned judge.
BY MR.. REDMAN
| join with Brother Googins in Sec
onding the resolutions which have here
| been offered.
l shall be unable in my remarks to
| be as exact and as eloquent as Brothe err
| Hall and Brother Googins because l
| have not had the time to prepare any
| thing beforehand, or at least | did not
| ond these resolutions until day before
| yesterday and L have not had an OPP
| portunity in the meantime to give the
| subject the very great care and time
that ii deserves. l can only express
| therefore, informally some of the feel
| ings that I have when l think of the
life of the distinguished jurist who has
| day honor.
i remember Judge Emery when 1
was very small boy; / remember
| coming into this court room for the
first time and Judge Emery was then
! seated on the bench. In the lives of
| great men l have always tried to bene-
|