The Supreme Court of Maine. of light and logic and even of eloquence to some minds, and how full of darkness merely to other minds! It has been said that any block of marble may contain beautiful images, which the sculptor only can chisel out 1" Without the inheritance of culture which enables so many men to absorb and assimi late without effort certain material of edu cation and acquirements of taste, Judge Libbey's instincts were ever in the direction of refinement, and he had accumulated, by following these instincts, a knowledge of literature, history and poetry, which made him prefer for his friends women of cultiva tion rather than men of affairs. Beneath a somewhat rugged and stern manner lay the tenderest of hearts, which ever responded to the mute appeals of horse and dog. Like others cradled in poverty, he allowed him self, even when in possession of a compe tency, but few luxuries and indulgences, but among those were horses, dogs, and books. Of his legal bias, the reports show that Judge Libbey was especially fond of consti tutional questions, and that he was familiar with all such cases in the Supreme Court of the United States. But he was in no way a specialist, for he possessed a thorough knowledge of the common law. He was not over-fond, we are told, of writing opin ions, and took greatest enjoyment in the duties of the nisi prius terms. In his habit of mind, in his treatment of cases, in his expression of opinion, there is nothing more noticeable than the straight and direct methods he employed. As there was no circumlocution about his arguments, neither was there any compromise or "trimming " in his mental processes. It has even been said of him that he wasted neither thought nor words, but was able to com mand only arguments that were effective and pointed. To use the apt words of Chief-Justice Peters, he sent " bullets rather than shot." In a large degree Judge Libbey possessed
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the judicial bearing, and was rarely anything but composed in manner, however deeply stirred he might be in spirit. This did not, however, prevent him from stirring his jury by charges that were not only clear, logical, and concise, but fervid and forcible. " The gentleman is always serene," and Judge Libbey was one of the most serene gentle men who ever sat on the Supreme Bench of his State; yet the man who relied too much upon that serenity for an easy verdict, soon found that above the serenity of the man sat the majesty of the law. His charges to the jury were as impartial as one of his strong convictions and clear perceptions can be expected to be; but the jury rarely failed to draw the correct inference concern ing his judgment upon the facts. He deemed it a part of his duty to see that justice was done, and for that purpose to call the atten tion of the jury to any material points in the evidence which might be omitted acci dentally by counsel. After a conspicuous illustration of this course, a fortunate suitor said to his friend : "My lawyer's talk to the jury didn't amount to a row of pins, but that old wMte-headed chap on the bench made a d—d good argu ment for me. I don't know how he hap pened to do it; I never said a word to him, nor give him a cent." Among his cases that may be classed as oft-cited, I will mention a few. Nobleboro v. Clark, 68 Maine, 89, treating of the authority of an agent to execute a deed in behalf of his principal, and when it must be regarded as the deed of the principal, though signed by the agent in his own name; Heath v. Jaquith, ib. 435, holding that if a party having the burden of proof necessary to maintain an action, or to the defense of a prima facie case, introduces no evidence which, if true, giving to it all its probative force, would authorize a jury to find in his favor, the judge may direct a verdict against him; Wing v. Rowe, 69 Maine, 282 (guard ian and ward); Moulton v. Scarborough,
