Page:The Green Bag (1889–1914), Volume 04.pdf/461

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The Green Bag.

comforts. Judge English had ridden down to Rockport to attend court. An Irishman named Bartlett was brought in, charged with some offence. He had no money to employ counsel, and the presiding judge asked if he wanted counsel assigned. " Who will you app'int, Jedge? " asked the fellow. " There are the lawyers, — you can make your own choice," replied the judge. The lawyers were all seated on a wooden bench inside the bar. The fellow began at one end, peering into all their faces, — for he was very short-sighted. At length he came to Judge English, the last in the row. He stuck his face almost against the judge's, who straightened up with offended dignity; but the fellow scrutinized him for a long time, and then, turning to the court, said : "Jedge, I b'lieve I 'll spake to the case meself." In 1859 and 1860 several changes oc curred. Judge Hanley resigned, and Felix J. Batson was elected in his place, but resigned shortly afterwards, and Freeman W. Compton was chosen to fill the vacancy. Judge Scott died, and Henry M. Rector was elected in his stead, but resigned to take the office of Governor, and Hulburt F. Fairchild was chosen to succeed him. As Judge Compton and Governor Rector are still alive, we forbear to speak of them. Judge Batson displayed commendable modesty. He was a man of marked abil ity as a lawyer, though of little cultivation; but after a few weeks' conscientious trial, he reached the conclusion that he was unfit for service upon an appellate bench, and promptly resigned. What a benefactor to his country he would be if his example were to become contagious! Judge Fairchild was one of the finest characters that we have had upon our bench. He was born at New Lisbon, N. Y., on Oct. 25, 1817, and was educated at Williams College, Massachusetts. In 1838 he went to Louisville, Ky., studied law, and was admitted to the bar in 1841. In December of that year he came to Ar

kansas and located at Pocahontas. There he practised law for four years, when he removed to Batesville. He rapidly ad vanced in his profession, and when in 1855 the Pulaski Chancery Court was established for the purpose of dealing with the innu merable controversies arising out of the fail ure of the Real Estate Bank, the recognition of his capacity was such that the Democratic Governor chose him, though a Whig, for the office of Chancellor. He accepted and discharged the duties of the place with great distinction until 1860, when he was elevated to the supreme bench. The advent of the war cut short a judicial career which promised to be one of great eminence. Dur ing the Rebellion he adhered to the South ern cause; but sadly, for his mind was too clear for him to be blind to the error of secession. In 1864 he removed to St. Louis, but under what was known as the Drake Con stitution he was disqualified from practising law, and in 1865 took a voyage to Europe for business and pleasure. Returning, he settled at Memphis, and in January, 1866, started up White River to Batesville; but on his way he fell sick at Jacksonport, and there he died on the 3d of February. In person he was of medium height, strongly built, with black hair and beard. He was a great student and a tireless worker, burning his lamp every night until long past midnight; and his studies were by no means confined to the law. He was pleasant in his manners, and of a kind and gentle disposition, but reserved rather than expansive. His mind was not oratorical or imaginative, but was clear, calm, analytical, and strong. By the even balance of his intellect he was peculiarly suited to a place upon the bench. The opinions which he has left in our reports are models of strength and accuracy; and had he been permitted to hold the position longer, he would have made for himself a great repu tation. As it is, he will not be forgotten by the bar of his State, who feel, when they