Page:The Green Bag (1889–1914), Volume 08.pdf/37

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The Green Bag.

cases and the general management of busi ness in court, in both of which he happily succeeded. Upon the death of his father, which occurred in 1877, be took Arno W. King as a partner, and in 1888 John A. Peters, Jr. He was judge of the Ellsworth Municipal Court from 1878 to 1881, and National Bank( Examiner for Maine from 1883 until his resignation in 1886. He was a delegate to the National Republican convention in 1884, and president of the Republican State convention of 1888 at Portland, making an opening address of marked force and ability. He was a member of the House of Repre sentative* in the Maine Legislature in 1887, 1888 and 1890, serving, in the session of 1885, as chairman of the judiciary committee on the part of the House, and as Speaker during his last term. He acquired much credit and reputation in both positions, and was a leading debater and excellent presiding officer. He spent the winter of 1888 traveling in Europe. In the trial of cases, when at the bar, he'evinced a thorough mastery of the facts and the law, so that he was never taken by surprise. He readily seized upon the strong points and kept them before the jury. This, to be sure, is the recognized rule with successful advocates, but no details of minor importance were overlooked in the progress of the trial, and his opponent could not safely attempt to divert attention by introducing them. His law briefs were ex haustive and orderly; but I have heard him argue law cases ore knus with hardly a reference to his brief, and thus put the court in possession of the merits of a case without that weariness which so often accompanies the reading of long written arguments. I never knew him to submit a law case "on briefs," however well prepared. Both these things are deserving of notice espe cially as the Hancock Bar enjoys an enviable reputation before the law court for readiness and ability. A good example of his briefs

in a law case is to be found in Warren v. Kelley, 80 Maine, 512, treating of admiralty and constitutional law, and already men tioned in my sketch of Judge Foster, ante, page 567. Judge Wiswell was appointed to this court April 10, 1893, succeeding Judge Vir gin, who died January 23 of the same year, and is the youngest man ever appointed to the Supreme Judicial Court of Maine. - His i appointment was well received and Gover nor Cleaves was highly commended through out the State for his good judgment in mak ing this selection. The three years in which he has occupied the bench not only prove the wisdom and fitness of his appointment, but they have also established that degree of appreciation and confidence in the com munity which belongs to talent and charac ter when usefully employed in broader fields. Nature gave him a good legal mind. And while he is a born lawyer, his experience as a bank officer and legislator, added to that acquired at the bar, makes him a better judge at the beginning. Judge Mansfield used to call into his court the merchants of his day in order that he might learn their rules of business relating to commercial paper, and adopted the law-merchant as a part of the English common law. The ac tive practitioner of the present day, like Judge Wiswell, is not such a recluse as that; and on coming to the bench his knowledge of business enhances his usefulness to the State. So there was nothing experimental in his promotion, and when he took his seat upon the bench for the first time, which happened to be in the city of his home, there was no sign either of nervousness or ela tion in his new position. There was nobody present who did not rejoice in his elevation, and a member of the Bar has since told the whole story when he said, " that while the Bar would look up to Judge Wiswell, he was sure the Judge would never look down on the Bar." He presides at nisi prius like one