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 The Supreme Court of Tennessee.

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in prison. He entered the Law Department of Cumberland University in 1865; gradu "If г. pro confessa is to operate as an estoppel ating in 1867. He began to practise at at all times and under all circumstances without Clarksville. In 1875, when thirty-one years qualification, then the courts must sit like fangless old, he was appointed chancellor by Governor lions while fraud and falsehood prowl within their Porter to succeed Charles G. Smith, resigned. precincts and defiantly taunt their helplessness to In 1878 he resigned to resume the practice uphold the majesty and power of the law to do of law, in partnership with Judge Smith. This partnership continued until 1886, when right and justice.

"Technicalities should Judge Lurton became never be employed as a candidate for Su shields for wrong, but preme Judge. Under only for the protection of the Constitution, only merit. When they pre two members of the sent themselves as bar court could be from riers to justice, courts Middle Tennessee. should, without hesita Both Judge Turney tion, cut through them to and Judge Cooper the right, that the ends were candidates for re and purposes of equity election. To defeat and good conscience either was a most may be attained and difficult task. The served." popularity of Judge Turney made his elec Horace H. Lurton tion almost a foregone was born in Campbell conclusion. Judge County, Ky., Feb. 26, Cooper had the pres 1844. His family is tige of his great learn of English descent. ing and ability, his They removed before distinguished judicial his birth from Virginia service, a powerful to Kentucky. After family support, and his preparatory educa the almost solid vote tion was finished, he BENJAMIN J. LEA of the largest coun entered Douglas Uni ties in the State; but versity at Chicago. after an active canvass, Judge Lurton de While in the Freshman class, the war be tween the States commenced. He at once feated him by a narrow majority. Judge returned South, and enlisted in Ben Hill's Lurton personally managed his canvass, Fifth Tennessee Regiment. He was absent and demonstrated that his talents were va from his regiment on a sick-leave of absence, ried, —developing great ability as a leader. when Grant's movement up the Cumberland When Judge Turney retired from the place River began. He attached himself to a of Chief-Justice in Jan. 16, 1893, by common Kentucky regiment, and was captured at consent Judge Lurton had fairly won for Fort Donelson. He escaped from Camp himself a place at the head of the court, and Chase, where he was confined, and joined he was made Chief-Justice. He presided, Gen. John H. Morgan's cavalry command. however, only two months. President Cleve He was captured on Morgan's raid through land appointed him United States Circuit Ohio, and spent the remainder of the war Judge for the Sixth Circuit, to succeed Judge suit. In the course of the opinion he said : —