Year: 1879

erected to the memory of the late Sir.
BENJAMIN Heath Maxim, bears among
other inscriptions to that able Judge,
these words: "a man eminently dis
tinguished by his professional learning
and ability, by the c'earness and accu-
racy of his intellect, by diligenc', by
patience, by love of truth" So might
| now with truth and justice say OF


him and SO saying close my mouth.


He was great lawyer. He loved to
labor, and the fruits of his labor are
fully appreciated only by those who
went with him through his channels OF
thought.


The pleasure pastimes Of life, the
Thousand alluring calls which for most
OF us make the hard road soft and easy


for him lad no charms.


In the quiet Of his own study, by the
light Of day and in the night, with


his books around him, he was happy in
the intricacles of refining legal distino-
tions and analyzing the principles OF
Law to accommodate them in the appll-
cation to the law in his own case. This


was his pastime. :,


Nay, may say his pleasure. And


thus he revelled in his books-they his


companions, but he their master. Well
might ask, that of all the men at the


Bar, who could stand against him in


the preparation of the law of a case for


presentation to your Honors. His sue


cess was alone due to his ability in


the presentment OF question OF law,


for well recall his manner of address,


ing Jury. The last capital case he


defended in this Court, where public


sentiment and public clamor were cry


ing loud against his client, where the


friends and relatives Of the dead man


were straining every nerve to convict,


yet his defence was so strong and SO
perfect that it carried the ring OF &C.
quittal, not only through the court and
the Jury but through very strongly
biased community. He will not be for
gotten. Not only a wise Judge, a
righteous one, a model one was he.
His decisions will stand the test OF time
and, if mistake not, gather strength
with the years to come. They are the


Law, and in resting your case upon
them you may well be assured that you
stand upon legal ground. He was an


ornament indeed to the bar OF oui
State. Standing amcng lawyers any
where We still could point to him witt
pride.
OF his social life knew almost moth
= ing and may say it seemed to me tina
{ his great interest and love for his fami
ly together with the study ofhis protes


sion made up his life. was his student


the last | think he had while at tht
4 Bar yet ieally1knew him only as lLw


yer my preceptor, and testify that nc
preceptor could have been more anXiou!


aud painstaking with his students.


; He died in the midst of his labors


The answer of his life in the storage o


Fhis mind with the principles OF law
I, called him to deal with great cases Il


distant States, and there he stood thu
equal of them all. The weak frame, th'


fseble voice, yet the legal mind told it
= tale of force where SO e'er it went
- There he died-away from home, hi
.. sunny home, without the warning OF
:, letter to the dear ones at home, Will
! his faithful servant by his side he pass


ed to that account which sooner or late
), we must all face in the world to come


EULoGIEs BY THE COURT.


/ Before ordering the resolutions to b.
|, recordedupon the minutes OF the Court
Il the Chief Justice spoke as follows


= 1t is with more sensibility than hav'
J. ever felt for the loss of anyone who wa
! not connected with me by family tie
& that take part in these mournful pro
y ceedngs. Other distinguished men O
s. our profession have been separated from
IS US bv the hand of death, but in non
). of them did feel more interest, an'
II with none were my relations more har
d monous Considered in all their intlu
e ences) from first to last, than with tn
r late Daniel NJ. Bates.


is My acquaintance with the deceased


goes very far back when he was yer,
small and delicate boy. Though he wa
y my Junior by near six years, yet "
y were boys together and received part o
is our instruction from the same teacher
1t We separated when he was placed else
g where, and exchanged from school T.
l. life in the country. This was in 1879


This boy, whose matured manhood
a we have all witnessed was very feeble
II physically, and unfit to buffet with th'
y roughness of his lustier companions
'i but he was possessed of mild, gentl
W disposition, and those appealing intlu
y snces that at all times dsarmed any dis
- position (if honorable boys ever fee
'e such) to take advantage of his physica
r inferiority. We all know, however
m that he had the true, manly spirit hi
is inability to assert it i'll rude contest
Ut only made us the more respectful Of il


Otherwise, that is intellectually, he wa
If the equal of the very best. In the iiel
N of mind he had no superior that W
" all recognized; boys do it, as well G
d men. While boys yield grea
e, homage to the stalwart qualities of thei
j. companions, they also always pay sue
rs superior Difference, las youth may, to mel
h tai excellence. This is trait of boy
q hood, often better shown than in ma


ture life, when jealousy prompts tn


unmanly to decry superiority.


u Then he passed away from all of u
a who remained, to return again onl
lo when he had acquired the knowledg
= which college life gives. Equippe


with that, he entered upon the study


the law, and brought to that task tn
IN habits of application which the schools


and his own native instinct of investl
it CATION, had taught him. With hi
rt natural zeal, in aid of these, he wa
O. presented for admission to the praclir
le Of his professions; ready to enter upo