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execution, they are also a punishment, and suitable remedies he revived, and entered therefore the defendant can be imprisoned if into cheerful conversation with his friends, for he was an engaging conversationalist. he fails to pay. He also discussed citizen ship, naturalization, and alienage. The He was relating the particulars of a social opinion is a very able and thoughtful one, party at Washington some years before, and and presents a fair specimen of his literary was speaking of one who on that occasion style and method of reasoning. Parrott v. avowed himself a free-thinker in religion; Hartsfield, 20 N. C 203, is a short opinion " from that day," said Judge Gaston, " I al in which he discusses the right of the owner ways looked on that man with distrust. I

of sheep to kill a do not say that a free sheep - killing dog, thinker may not scorn though not taken in to do a mean action, the act. but I dare not trust In McRae v. Lilly, him. A belief in an all-ruling Providence, 23 N. C. 118, he set tled the practice al who shapes our ends ready once before laid and will reward us ac cording to our deeds, down, and ever since is necessary. We must followed in this State, believe and feel that that setting aside a there is a God all wise verdict for excessive and almighty." As he damages is a matter of pronounced this last discretion in the pre word, he raised him siding judge, and not self up to give it em a question of law, and phasis, there was a hence the granting or rush of blood to the refusal of such motion brain, his body fell is not reviewable by back lifeless, and his the Supreme Court. spirit stood in the Clary v. Clary, 24 presence of the Mas N. C. 78, is a very ter. He thus passed interesting opinion, away in the sixtyholding that a witness FREDERICK NASH sixth year of his who has had opportu nities of knowing and age. In the beautiful cemetery at Newbern, a observing a person whose sanity is im peached, may not only depose to the facts plain, massive monument of white marble he knows, but may also give his opinion or stands, with no inscription save the single word " Gaston." There is need of no other. belief as to his sanity or insanity. Judge Gaston died in harness, and like a The rest is already known when the living soldier in the discharge of his duty. Death stand in the presence of the ashes of so illus trious a man. Yet his contemporaries in is impartial. It is Horace who says, — their own behalf, not his, might not inap "Pallida mors equo pulsat pede propriately have handed down to posterity Pauperum tabernas, regumque turres." their estimate of his life-work by adding at On Jan. 23, 1844, while in attendance upon the base those grand but simple words in the court and in his usual health, he was which, on the presentation of the resolu suddenly stricken with apoplexy. By use of tions of the bar upon the occasion of his