Page:The Green Bag (1889–1914), Volume 04.pdf/642

Rh "Corrected the Ten Commandments, 20 fr.

"Embellished Pontius Pilate, and put a ribbon on his bonnet, 15 fr.

"Put a new tail on a rooster of Saint Peter, and mended his comb, 15 fr.

"Replumed and gilded the left wing of the Guardian Angel, 20 fr.

"Washed the servant of the high-priest, and put carmine on his cheek, 15 fr.

"Renewed heaven, adjusted two stars, and cleaned the moon, 50 fr.

"Reanimated the flames of purgatory, and restored souls, 25 fr.

"Revived the flames of hell, put a new tail on the devil, mended his hoof, and did several jobs for the damned, 45 fr.

"Rebordered the robe of Herod, and readjusted his wig, 20 fr.

"Put a new spotted sash on Tobias, and dressing in his sack, 10 fr.

"Cleaned the ears of Balaam's ass, and shod him, 20 fr.

"Put earrings into the ears of Sarah, 12 fr.

"Put a stone in David's bag, enlarged the head of Goliath, and extended his legs, 20 fr.

"Decorated Noah's ark, 20 fr.

"Mended the shirt of prodigal son, and cleaned his ears, 25 fr.

"Total, 332 fr."

, Chief-Justice of the Supreme Court of North Carolina, died at his residence in Raleigh, Nov. 14, 1892. He was born at Cherryfields, in Transylvania County, Sept. 15, 1830. His father, like the father of Chief Ruffin, was a minister in the Methodist Church, and removed to this State from Virginia in the course of his duties. Judge Merrimon's mother was Miss Paxton, niece of Judge Paxton of our Superior Courts, and through her he is related to the McDowell family of Revolutionary f,ime. who have left a wide and influential connection of descendants in western North Carolina.

As a boy Judge Merrimon's opportunities for an education were limited. He kept till his death a copy of " Townes' Analysis," in which he had acquired the rudiments of an education by snatches while following the plough, or as he watched the saw cutling its way through the logs of the saw-mill where he labored.

Later his father sent him to school in Asheville, where he was able to remain only eight months: but such had been his diligence and progress that he was retained six months longer as assistant teacher, and used the opportunity to prosecute his studies. He had no further school advantages. He studied law, and was admitted to the bar about 1852, and located in Asheville. He was soon made county attorney for Buncombe and other counties. In 1860 he was elected to the House of Commons, defeating David Coleman, an able and popular opponent. The war was coming on, and the drift in favor of secession was strong; but with the courage of his convictions young Merrimon took the Union side, and in debate held his own with the best men in the house.

When war broke out, he promptly enlisted as a private in the company commanded by Capt. Z. B. Vance, since Governor and United States Senator; but soon after his arrival in Raleigh with his company he was appointed quartermaster with the rank of captain, and served as such for a year in eastern North Carolina, when he was made solicitor of his district, which post he filled till the end of the war. In 1866 he was elected by the legislature judge of the Superior Court, and he filled the office for eighteen months, holding the terms in the Asheville, Raleigh, and Chowan districts. The military having under the reconstruction acts taken charge of the State, he resigned rather than obey orders issued to him by General Canby.

While holding the Chowan circuit he presided at the trial of the famous " Johnston " will case, in which was involved the largest amount ever tried in a court of this State. Most eminent counsel — Governors Graham, Bragg, and Vance, Judges Smith, Heath, Gilliam, Messrs. S. F. Phillips, B. F. Moore, P. H. Winston, Conigland, and Eaton, presented an array of talent never before or since gathered in a single cause in North Carolina. The trial lasted four weeks, and on appeal every ruling was affirmed by the Supreme Court, the opinion being written by Judge Reade. Upon his resignation he settled in Raleigh as a partner with Hon. S. F. Phillips, since Solicitor-General of the United States. Later he entered the well-known firm of Merrimon, Fuller & Ashe, with Judge Fuller and Capt. S. A. Ashe. In 1868 the executive committee nominated him for governor; but he declined, and the late Judge Ashe was selected. He was then put upon the ticket as associate justice; but the Democratic party at that juncture of affairs was of course defeated. He was one of the first to apply for writs of habeas corpus for the prisoners in the " Kirk " war in 1870, and was one of the foremost advocates who at that day maintained the supremacy of the civil law. He appeared for the men who had been illegally arrested without fee, and by his earnest fight in their behalf earned the cordial thanks of the people.

The next winter Governor Holden was impeached; and Judge Merrimon, with Governors Bragg and