Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-01-13
Maine Bar Association
(con4inued from Page Nins)

Maine Bar ASSO citation
Continues frem Page Nins)
of the ablest judges. His opinions
are clear cut and sometimes tinged
with q bit Of sarcasm. One day while
holding court here In Remedies, Lor-
. eneo Gay presented . divorce case In
which the libel had bean served by q
constable instead Of . deputy sheriff.
Judee Cutttng discussed the defeat
at once. The lawyer argued that It
! had always besn his custom to have
libsls served that way. and the Judge
I quietly replied, Yes, and It has al
wayU been my custom to dismiss
T them this way"
Some Of you have seen the picture
Of he Court Of that period. with
Tenney q Chief Justice, a man OF
fine abilities whose opinion in State
v. Knight il in itself q memorial to
his industry and learning. One day
about tan years ago I was in the
chambers Of Chief Justice White
house when Hon. David d. Stewart
Of Saint Adams, the Nestor OF the
Maine Bar, came in on a matter OF
business. As his eye fell on. this
group composed of Tenney, Appleton,
Rice, Davis. Go0denow, Kent. Cutting
and May, he said, Il have practiced
before every one OF those Judges"
and then he proceeded to relate an
incident which occurred in the old
Somerset County court house at Nor
ridgewock. A criminal trial was on
and Judge Goodenow was presiding.
He was q tall, thin man, with some
thing of ministerial dress and look,
and appeared to be much older than
he really was. The witness on the
stand could not seem to make much
progress with his story because OF
the objections and Interruptions OF
counsel, and. the efforts Of the Judge
10 untangle the skein. Finally the
witness burst out,-pointing to the
County Attorney,-'1f you will keep
STILL" and to the counsel for the de-
Tense, IF you will keep STILL" and
then turning to Judge Goodenow.
And Grandma, if you will keep still
TOO. will try to tell my story"
This brings us down to time
within the recollection of the older
practitioners before ME and to the
third group, presided over at first by
Chief Justice Appleton, and then by
Chief Justice Peters, the earlier as
sociates being Walton, Barrows Dan
forth, Tapley, Virgin, Libby and
Symonds, the old bench as we rev.
erently called it, and the later asso-
ciates, Emery, Foster, Haskell and
WhitehOuse, the colts as Chief JUS
tice Peters affectionateIy character
ICED them. What pleasant recollec-
lions cluster around that group and
what strong personalities composed
it.
You would not forgive me if 1 did
not briefly mention three.
John A. Peters. Associate Justice
for ten years, and Chief Justice. for
seventeen years, brilliant lawyer,
profound jurist. Incompatible wit,
loyal friend and lovable companion.
Ills name and fame have gone far
beyond the limits of this State. He
was the author of nearly six hundred
opinions and prided himself that no
pun or witticism ever crept into any
o. them, that he had never published
a dissenting opinion or note of his
own. and that out of all those drawn
by him only one was rejected by his
associates.
Charles w. Walton, Associate JUS
tice for five successive terms, a con-
tinuous service of thirty-five years,
u longer term than any Justice who
has sat upon our Bench, surprising
Chief Justice Shaw of Massachusetts
with his thirty years, and Chief JUS
tice Marshall of the United States
Supreme Court with his thirty-four
and one-half years. Judge Walton's
Judicial career was unique Unaided
by the learning of the schools, his
strong legal mind. clear perception
and indomitable will drove him ire
sistibly from premise to. conclusion.
1t is true that sometimes on the
pathway he ruthlessly trampled upon
personal feelings and the courtesies
of life so that his terms of court
could hardly be called primrose
path for the active practitioner. But
he must be recognized as a great
lawyer and a great Judge, and no
gathering Of middle-aged attorneys
can take place today without the
name of Judge Walton and the anec-
dotes Of his career coming up for
narration. With all his vigor and
strength it is remarkable that he
too never put dissenting opinion in
the books.
The third member whom I will
mention. modestly because in his
presence, is William Penn White
house, who has survived his con-
temporaries and is with us today,
illustrating how the alertness of
youth and the rich learning of ma
ture life may project themselves into
later years through kindly and
helpful spirit and hopeful outlook
upon and sympathy with his fellow
men. His term Of judicial service
equals even Judge Walton's, if we
consider his connection with both the
Superior and the Supreme Bench.
For twelve years he was Judge of
the Superior Court in Kennebec
County, being it's first Judge, and for
twenty-three years upon the Supreme
Bench, a total Of thirty-five years of
superb service, the last years as Chief
Justice. May the final adjournment
for him be far in the future.
The fourth and last group brings us
down to recent days, to the learned
and logical Chief Justice Wiswell,