Page:The Green Bag (1889–1914), Volume 05.pdf/446

 The Supreme Court of Appeals of Virginia. for so many years, were so impressed upon his mind that they had become parts of his intellectual being. The years which he had devoted to other pursuits had served but to enlarge his ac quaintance with men and affairs, to broaden his views, and to ripen and strengthen his judgment and render it less technical. He came to the consideration of the

multitude of novel and important questions which speedily en grossed the attention of the new court, with a mind unbiassed by participation in their discussion as an advo cate, and ready to con sider them dispassion ately and judicially. From the first he took rank as an able and fearless judge, even along with the great jurists who sat with him on that dis tinguished court. The thing that was soon found to be his controlling guide in his decisions was " the very right of the case." That he sought al FRANCIS T. ways to discover; and, once determined, it would require overwhelming authority of precedent to swerve him from the result which his conscience approved. His motto was " Fiat justitia, ruat coelum." Another striking thing about his work upon the bench was the vigor, clearness, and power of his written opinions. Some of them will live among the ablest exposi tions of the law which are found among the records of that illustrious tribunal. Among these were notably his opinions in Griffin i!. Cunningham, 20 Gratt. 55; Miller and Franklin v. Lynchburg, 20

411

Gratt. 335; Antoni v. Wright, 22 Gratt. 871; Harris v. Harris, 23 Gratt. 737; Latham r. Latham, 30 Gratt. 307; Clarke v. Tyler, 30 Gratt. 150; Noble v. City of Richmond, 31 Gratt. 271. By his force of character as well as by his power of logic, he made an impress upon the jurisprudence of Virginia. His work as a judge was simply enor mous. His naturally ' vigorous constitution, strengthened by years of active life, enabled him to devote an aver age of not less than ten or twelve hours daily to study and work. He examined every case submitted to his court with ex haustive care, and he always gave courteous and considerate atten tion to the arguments of counsel, holding his judgment in abeyance upon all debatable questions until both sides were fully heard. To the young and in experienced advocates he was especially con siderate; and all over ANDEKSON the Commonwealth he was regarded by them with sincere affection and veneration. After the expiration of his term of office, at the age of seventy-three, he retired to private life, devoting himself to his family and to the settlement of his private business. She who had been for more than fifty years the sharer of his joys and sorrows was taken from his side in December, 1881. From that time the shadow of a great sor row hung over his life; but he bore up cheerfully to the last. On the 3Oth of November, 1887, in the seventy-ninth year of his age, after a brief