the character and abilities of the deceased. I will add to them only a few words as to his character as a lawyer, a judge, and a man. "As a lawyer he was of the highest class. He had an exalted estimate of the duties and responsibilities of a counsellor and advocate. He examined all questions submitted to him in the light of principle. He was familiar with the decisions of the courts of England and this country, but adjudged cases were valuable to him only as they illustrated and applied principles. During a period of now nearly a quarter of a century I have known him well. I have listened to his arguments in cases of every kind—civil and criminal, legal and equitable-some of which involved amounts of great magnitude, and some of them questions of the highest importance-questions of constitutional and public law. I have heard him in the supreme court of this state, in the circuit court of this district, and in the supreme court of the United States, and in no instance did. he ever, so far as I could see, misstate any material fact or attempt to mislead the court as to any matter of law. He advocated at all times what he believed to be the true doctrine of his case, and threw aside with disdain whatever he regarded as unsound and false. He had a wonderfully acute intellect, and readily sifted out and seized the controlling principle of his cases. As this was the characteristic of his mind, and as he was learned in the adjudged cases, and spoke from his convictions, I soon learned to repose confidence in his opinions; and no argument pressed by him did I ever find it wise to overlook. He considered. himself as appointed to inform and instruct the court, and regarded the judge as sitting only to administer the law. "As a judicial officer, he presided in one of the district courts of this city for some years. He originally took that position in 1851, by appointment from the governor for the remainder of an unexpired term, and at its close was elected for a full term. By the unanimous judgment of the profession-which is the surest as well as the most just of critics of a judicial officer-he was attentive and courteous to counsel, quick in the perception of the points presented in each case, and able and learned in his decisions. The same characteristics were exhibited when he afterwards acted as judge of the criminal court of the city. "As a man, he had many generous qualities. He had the courage of his convictions, and never hesitated to express them, and act upon them. If sometimes in his. repartees there was a tincture of bitterness and sarcasm, the bitterness was in his words, not in his heart. He was ready at all times to give a helping hand to the needy and unfortunate. To many a poor client he has cheerfully given his services without fee, or promise of it, and many a poor man and woman in this city could bear ample testimony to his numerous benefactions. He had no herald of his charities, though they were numbered by thousands. "It was but yesterday that he stood among us in this court, apparently in the full vigor of life, with a promise of many years before him. To a few friends it was known that he was troubled with some affection of the heart. A few days ago he communicated the fact to me, and then said, that if it was to prove fatal, he trusted that his death might be sudden, and not preceded by a lingering sickness. He spoke, too, of his family with touching tenderness. For them alone he seemed to value life and wished to live. They have our profound sympathy in their great sorrow. "In honor of his memory, the court will adjourn for the day.' The Circuit Judge added the following: "I entirely concur in the sentiments expressed in the resolutions of the bar, and in the appropriate and admirable observations of their representative, who has presented. them to the court. Also in the eloquent remarks of my associate. "It is now over thirty-one years since I became acquainted with the late Judge Lake; and during many years past our relations have been intimate. He has from the beginning. justly occupied a place in the first rank of the bar of California, interrupted, only, during the period of his occupancy of an equally distinguished position on the bench. "His legal arguments have always been compact, forcible, logical, lucid, and exhaustive, without being unnecessarily extended. He always seized hold of what he regarded as the Bodie Con. Mining Co., Jupiter Mining Co. v.. 96 California Artificial Stone Paving Co. v. Molitor... Cambuston, United States v.. Canada, The.... Caples, Coyne v. Case of Chinese Cabin Waiter.. Case of Chinese Laborers.. Case of Chinese Merchant.. Chinese Cabin Waiter.... Chinese Laborers.. Chinese Merchant 48 190 190 575 173 360 536 542 546 536 542 546 Chung Yune v. Shurtleff..... PAGE 448 City of Portland, Oregon R. R. Co. v. 122 Dayton, S. & G. R. Ry. Co., Pacific R. M. Co. v. . . . . De Rodriguez, United States v. Detrick v. Balfour.. Dillon, In re... Dowell v. Applegate... E. Elliott, Northwestern Mut. Life Ins. Co. v... Ely, Crellin v.... 61 617 348 561 232 17 532 |