Page:The Green Bag (1889–1914), Volume 08.pdf/136

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The Supreme Court of Maine. "As a presiding judge he was patient, consid erate, conscientious, never leaping at conclusions, never in a hurry for results, treating all with unva rying courtesy. I think none ever saw him ruf fled in court or moved from his quiet dignity. "Yet after a quarter of a century of service, the powers and limitations of his intellect could not fail to impress themselve's upon the Bar. He was solid rather than brilliant, slow rather than rapid. He relied less upon intuition than indus try, and perhaps from that very fact was the safer in his conclusions. He was a tireless and con scientious worker, and when he had fully studied out his subject, he had a strong and comprehen sive grasp of legal principles. "He built up his opinions with great blocks hewn from the common law. He loved equity and hated injustice. He was not fond of being turned aside from the merits by any technicality, and the astutest pleader found it hard to stay him from what he believed to be the right of the case.

  • ' Above all he was a gentle man. I do not

know that any heard him speak harshly, and I am certain that no man could ever speak harshly to to him. "Even his learning, of which he had accumu lated much, sat softly on him, and in all his liv ing gentleness became him like a flower. . . . He left life gently, even as he lived it. He was pure in heart, and he shall see God forever and for ever." As a jurist, the analysis of his character istic qualities seemed fittingly to fall upon Chief-Justice Peters, who, in behalf of the Court, said of Judge Danforth what may also suitably be inscribed here : — "His intellectual abilities were of a very supe rior order, and he possessed attainments equal to any judicial task ever devolving upon him. His chief mental power was sound judgment, practical sense, — a faculty without which no judicial career can be successful, but with which, though his principal intellectual endowment, its possessor may attain highest fame. There are all grades of judgment, as of other mental qualities, we all know. It may amount to genius — in some an instinct — in others well nigh a blank. It has been compared to a clock or watch, where the most ordinary machine is sufficient to tell the hours, but the most elaborate alone can point out the

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minutes and seconds and distinguish the smallest differences of time. "Judge Danforth possessed the faculty of judg ment jn a rare degree. His was a sagacious, practical conception, — a strong and an instinct ive judicial sense, — such as is not easily acquired unless in some degree naturally possessed, nor acquired more by a study of the written law of the books than by an understanding of the un written law of the human heart, — a knowledge of the world. His judgment, never eccentric or capricious on any question, was his great working forge, which never tired out in its steady, even and constant operation. "He was a very helpful associate in judicial consultations. His temperament and thoughtfulness and appreciation of questions as they were argued were important aids. He never allowed first impressions or first expressions to hold him to indefensible positions; never being so wedded to his own opinions as to love them better than he loved the truth. Not that he was deficient in will or courage, for there was ample development of both in his character. He exhibited great firm ness and undaunted courage in maintaining what he believed to be right; while never acting rashly. His convictions ruled his conduct, the will follow ing rather than leading the conviction. Such a man often possesses an unusual degree of what may be called reserve power, a power only occa sionally called into action, — power behind power, — the waters that linger in the eddy until some condition arises to sweep them into the general stream. He possessed such power. ..." It is a priceless jewel to have enjoyed the friendship of such a man as Charles Dan forth, and there is sweet pleasure in gather ing up his record to the end that his mem ory ..." will live alone In all our hearts, as mournful light That broods above the fallen sun, And dwells in heaven half the night."

William Wirt Virgin was associate justice of the Supreme Judicial Court of Maine from 1872 till 1892, thus completing a score of years full of honors and judicial distinction. Born on the eighteenth day of September, 1823, he died at Portland on the