Page:The Green Bag (1889–1914), Volume 08.pdf/142

 The Supreme Court of Maine.

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heard that liquor grows better with age, but with these liquor cases it is the reverse." Some years ago Judge Virgin was holding court in Oxford County, at which a man was on trial for selling intoxicating liquors. The defendant's attorney prefaced his closing argument by telling the jury that he was a strong temperance man himself, and in favor of the enforcement of the law, and that nothing but a firm belief in his client's inno cence would prompt him to defend a rumseller. In the course of the prosecuting attor ney's argument, the attorney for the defend ant stopped him and appealed to the court that he was arguing facts that were not in evidence. " Very well," said Judge Virgin, "you set the example." " I am not aware that I did," replied the attorney. The Judge replied : " You certainly argued to the jury for a long time that you were a strong tem perance man, and I have not seen any evi dence of that fact yet." He thus pays tribute to the memory of a brother lawyer, the late E. S. Ridlon, Esq., in which he portrays some of the solid ele ments of his own character : —

which Lord Bacon considered a faculty greater than eloquence." As a reader of current literature Judge Virgin kept abreast with the times, but found his favorite authors in New England. He was especially fond of Bryant, Holmes, Long fellow, Whittier, and would frequently quote David Barker, that " Yankee Burns," as he would call him. He loved to indulge his fancy for quaint epitaphs, a good collection of which I have seen in his scrap-book. As a letter writer, the sunny side of his nature ap peared to the best advantage. The wise and witty sayings that flowed from his pen, often illustrated with pen-drawings and caricatures, sometimes drawn while sitting on the bench, constantly remind me of Thackeray. As a journalist and author he would have suc ceeded well. His love of nature, poetry and music would have given a true artistic touch to his fine powers of description. In reviewing Judge Virgin's life as a whole I think its best lesson is beautifully touched upon by his personal friend, Chief-Justice Peters, who, speaking of his laborious, use ful, dignified and honorable life, has well said : —

"He always seasonably and diligently prepared his cases, and in the trial of them he carefully and methodically marshaled the material facts and clearly presented the law which he believed gov erned them. He wasted none of the public time in idle and excessive cross-examination. He never possessed but eschewed in others the ' talent of turbulence,' nor did he ever disclose any of that vanity which seemed to lead him to suppose that the court and jury knew but little of all he knew. His honesty of purpose ruled all his pro fessional conduct. He was not obliged to study professional ethics, for his instincts directed him aright. His professional and private conduct had ripened into character and woven of the same web, the warp of which were made up of the golden threads of sound moral principle. His arguments to court and jury were clear and ear nest. He did not hide the poverty of ideas in magnificence of style, but spoke to convince and not to impress, having that ' discretion of speech '

"The only compensation which he personally received for these almost life-time services, be sides such an ordinary livelihood as the judicial salary affords, was the consoling reflection, while he lived, that every duty devolving upon him had been fully and conscientiously performed, and that he should after this life leave an honorable record behind." Upon Judge Virgin's death, Governor Cleaves, in honor of his exalted character and services, issued a proclamation worthy of inscription in monumental bronze, and con taining his estimation of Judge Virgin in these words : — "He was an honored citizen, an able• and up right judge, of untiring industry, of the strictest integrity, faithful in the performance of ever)' duty, and one whose decisions were always grounded upon the broad and safe principles of truth and right." Broad and philosophic in his views, pos