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ent weight of the evidence.... He took his place easily among the great judges of the world.' These passages are selected from a long memoir, but they contain in a few words the opinion of an eminent lawyer about a magistrate whom he knew well.

Judge Gray felt the dignity of the judicial offices which he filled, and he upheld it rigidly, having little toleration for any slovenly practices by the lawyers who appeared before him. Those who felt his criticism sometimes were inclined to regard him as too severe, but the wiser opinion is that the courts of Massachusetts are better for the standards which he enforced, and that we owe him a debt of gratitude for what he did.

He was, on the other hand, remarkably patient of outspoken criticism, if uttered in good faith and with serious purpose, as the writer had occasion to observe. As a pleasant instance of his quality on the bench the following anecdote taken from the writer's experience may perhaps find a place here. One summer a certain lawyer tried a case before him and lost it. He appealed from Judge Gray's decision, but did not ask him to make any report of the case, so that the facts might be before the Supreme Court. Just before the case was reached in the Supreme Court he came to Judge Gray and asked him to make a report. Judge Gray replied: 'Mr. A, if you had wanted me to make a report in this case you should have asked me at the time. If I am not asked to make a report I discharge the facts from my memory, and it would be impossible to do my work if I did not do so. I cannot and do not clog my memory with the facts of the cases which I have tried after I have made my decision unless I am asked to make a report.' Mr. A replied, 'You will perhaps remember that you fell from your horse this summer and broke your arm shortly after this case was heard, and I felt at the time that it would be indelicate for me to trouble you with any request for a report, and therefore I waited.' Judge Gray replied, 'Mr. A, that accident happened a year ago last summer and not last summer, which only shows how difficult it is to remember facts after a lapse of time.'

Charles Francis Adams the younger thus describes him as he was in the late fifties: "To me there was something at that time very attractive and sympathetic about Horace Gray. A certain

brusqueness of manner and roughness of occasional speech, which caused him then and later to be criticised by many, were not apparent to me. Very tall, but not yet heavy in frame, active of limb and quick in mind - both mentally and physically alertthere was a frankness, geniality, and friendliness of manner about him, an apparently outspoken enjoyment of life and companionship which appealed strongly.'

He was from the first a very handsome and very commanding figure wherever he was, capable of impressing every one who met him with his power, and of enforcing obedience wherever he had the right to command. But Mr. Adams is right in speaking of his 'enjoyment of life and companionship.' The writer first met him when he was a guest of Charles Sumner in Washington during the impeachment trial of Andrew Johnson, and for a day or two sat side by side with him on the floor of the Senate while he watched the proceedings. He was full of fun, and responded cordially and with evident enjoyment to jokes of the sort which young men just out of college are ready to make. His geniality was very winning, and the delightful experience was the beginning of very pleasant relations, which continued during his life, except as they were clouded by his condemnation of 'Mugwump' activities and opposition to the Republican party, which, like his friends Judge and Senator Hoar, he always cordially supported. It may be doubted, however, whether he was as unsparing in his judgment as was the Senator, who in a public speech during the Blaine campaign denounced the Republicans who supported Cleveland as 'the vilest set of political assassins that ever disgraced this or any other country.'

In society and at the dinner-table he always shone, for he was interested in many subjects, talked well himself, and brought out the best in others, thus making the company feel that enjoyment of companionship of which Mr. Adams speaks. It was always a pleasure to be with him, and whether in Boston or Washington he found the fires of life burn bright and enjoyed their warmth.

His social qualities and his high position naturally led to his election as a member of the Saturday Club, and he became a member in 1873. After he was called to Washington his attendance at

the dinners of the Club was naturally infrequent, and as he seems to have left no diary and his papers are inaccessible, we can only assume that he was always welcome at its meetings and enjoyed them as much as his associates enjoyed him.

He was by nature conservative, and remained a bachelor until June 4, 1889, when he married Jane Matthews, daughter of Mr. Justice Matthews, and began a very happy married life. No better words can end this sketch than those with which Senator Hoar concluded his memoir: 'Certainly, certainly, his life was fortunate. It lasted to a good old age. But the summons came to him when his eye was not dimmed nor his natural force abated. He drank of the cup of the waters of life while it was sweetest and clearest, and was not left to drink it to the dregs. He was fortunate, also, almost beyond the lot of humanity, in that by a rare felicity the greatest joy of youth came to him in an advanced age. Everything that can make life honorable, everything that can make life happy

honor, success, the consciousness of usefulness, the regard of his countrymen, and the supremest delight of family life all were his. His countrymen take leave of him as another of the great and stately figures in the long and venerable procession of American judges.'

MOORFIELD STOREY

EDWARD NEWTON PERKINS

1820-1899

UNLIKE the laborious days of many of his associates of the Saturday Club, but the same in the spirit of unselfishness and devotion to his fellow-men, was the life of Edward Newton Perkins, brother of Charles Callahan Perkins. He was born on Pearl Street, Boston, on April 18, 1820, the son of James Perkins, Jr., and Eliza Green (Callahan) Perkins. His father, grandfather, and uncle, and their many charitable and public-spirited interests, have already been mentioned in this volume, and his brother Charles's generous and devoted interest in promoting the culture of music and the fine arts has also been recorded. The traits of disinterested citizenship and public spirit were hereditary in the family; and Edward Perkins's own contributions to the tradition, though modestly made and without claims of leadership, formed one of the chief interests of his life. The love of art, native in him and cultivated in Europe, made him a helpful and valued member of the community at a time when it was eminently valuable in New England; for until the publication of his brother Charles's books, and the revival of culture to which they contributed, art and music in New England had been popularly regarded as unworthy of the average man's serious interest or attention. As one of Perkins's classmates writes, he became a useful and honorable citizen because he was a wise and generous steward of the wealth which had come into his hands.

He went to school in Cambridge for a short time, and then was so well tutored at home that he was able to enter the Class of 1841 in the sophomore year. Entering late, he had none of the usual first-year opportunities for forming associations with his classmates, and, moreover, his tastes and interests were somewhat maturer than those of the average college boy; but, though for a time he lived somewhat apart from the current of his class, his winning manners, courteous bearing, attractive smile, and constant gener

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