Page:The Green Bag (1889–1914), Volume 04.pdf/468

 437 death, B. B. Battle, who is still upon the On Feb. 16, 1891, W. W. Mansfield was bench, was chosen in his stead. elected to succeed Judge Sandels. Our court is now composed of S. R. Cockrill, After the death of Judge Smith, the legis lature increased the number of judges to Chief-Justice, and of B. B. Battle, Wilson E. five; and on April 2, 1889, Monti H. San- Hemingway, Simon P. Hughes, and W. W. dels, Wilson E. Hemingway, and Simon P. Mansfield, Associate Justices. It is widely Hughes were elected to fill the vacancies. different in its temper from the court that The last two are still in office. Judge San- met on the 24th of January, 1837. Then dels, of whom much was expected, died on technicalities were esteemed the life of the the 12th of November, 1890. He was a man law. Days would be consumed over a nice of great mental strength. He was born in point of special pleading. Whether the Maury County, Tennessee, on the 13th day action should be trespass or trespass on the of August, 1851. When he was eight years case, whether an absque hoc was in proper old, his father removed to Arkansas and set form, whether a plea should be in abatement tled at Fort Smith. The old gentleman was or in bar, were then the vital issues. All that has passed away. It is probable that an Episcopal clergyman, and himself con ducted his son's education. In 1872 he was no member now upon the bench could draw admitted to the bar, and rapidly acquired a a declaration in assumpsit without having large and lucrative practice, which at the age recourse to Chitty. The old trumpery of of thirty-eight he resigned to accept a seat the common law, with its meaningless forms upon the bench, — moved thereto in some and labyrinthine technicalities, has been measure by a bronchial affection which made discarded forever The code has been ac public speaking difficult. The strength of his cepted; and a more liberal court in matters intellect, and his rapid and firm grasp of legal of pleading, one which pays less attention to the outward forms of the law, or strives questions were very remarkable. He pos sessed in a high degree what is called a legal harder to reach the principles of right and mind, — a capacity to understand correctly justice which are its eternal essence, would the reasons of the law, and to perceive clearly not easily be found. In looking back over the history of the the real point upon which the case turns. He has left us few opinions, but those are. Arkansas Supreme Court, its most marked characterized by a marked force and by a characteristic is its conservative soundness. It has followed with surprisingly few de striking originality in his methods of ex partures the general growth of the coun pression. try's jurisprudence In person he was tall, rather slender, dark, always be said that the law on any point with black and curling hair growing rather is in Arkansas as it is in a majority of the thin about a broad, rounded brow. He States. The court has never been strikingly was deliberate in speech, and stoical as an original but adhering to precedent with Indian, — and indeed was sometimes jestingly unusual fidelity, it has been remarkably free called an Indian. He loved his friends with from those vagaries, those " wild-cat " deci unusual devotion, and was strong in his hate as in his love. His death was a great blow sions, which are so trying to the patience of the bar and so injurious to public interests. to the hopes of the bar.
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