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IN    MEMORIAM. 


ABIjAHAM  BRODKINS  GARDN 


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BORN  SEPTEMBER  2,  1819. 


DIED  NOVEMBER  23,  1881. 


E'DITED  BY  :^,  l\   CHIL^DS^'^'^''''^ 


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IN    MEMORIAM. 


ABRAHAM  BROIINS  GARDN 


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BORN  SEPTEMBER  2,  1819. 


DIED  NOVEMBER,  23,  1881. 


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l).-ri'.-i  FU'njM^RED  BY  ROjW  GEO.  W.  }1:>1RM:^1X, 

Citiaa.g-  .^^-a-tliOxit^T-  Tla.erefor. 

Abraham  Brodkiiis  Gardnur  wa.s  the  oldest  child  of  David  and  Eunice 
(Wright)  Gardner. — J?.  J,  Gardner. 

He  was  horn  in  Pownal,  Vt.,  Sept.  2d,  1811).— A.  P.  Chii  i)s. 

He  partly  Htted  for  College  at  Union  Academy  in  Bennington,  and  was 
noted  for  his  close  attention  to  and  proficiency  in  his  studies. — Isaiah 
Matti-:so-\. 

He  was  graduated  from  Union  College  in  July,  1841. — E.  L.  SiBr.ioY. 

He  studied  law  with  Hon.  Isaac  T.  Wright,  at  Castleton,  Vt. — G.  W. 
Harm  AN. 

He  was  admitted  to  the  Bar  of  Rutland  Comity  Courtatits  April  terni> 
1844— Docket. 

He  was  admitted  to  the  Bar  of  the  Supreme  Court  at  its  February 
term,  1847,  in  Bennington  county. — Docket. 

He  was  register  of  Probate  the  most  of  the  tinje  from  Dec.  1,  1848,  to 
Dec.  1,  1857 — about  seven  years. — Probate  Uecohds. 

He  was  Bank  Commissioner  from  about  1855  to  1867. 

He  was  State's  Attorney  from  Dec.  1,  1855  to  Dec.  1,  1857,  two  years. — 
Printed  Docket. 

He  represented  the  town  of  Bennington  in  the  (ieneral  Assend)ly  from 
October,  1860,  to  October,  1865,  five  years. — House  Journals. 

He  was  Speaker  of  the  House  of  Representativesi  from  Ocfober,  1863, 
to  October,  1865,  two  years. — Session  Laws. 

He  was  Lieut.-Governor  from  October,  1865,  to  October,  1867,  two 
years. — Session  Laws. 

He  was  State  Senator  from  October,  1870  to  October,  1872,  two  years. — 
Session  Laws. 

He  was  Judge  Advocate  General  fnjm  to 

He  was  President  of  tne  Betmington  and   Rutland  Railway,  and  coun- 
sel of  the  Troy  and  Boston  1?.  R.  Company. 
He  died  in  Bennington,  Nov.  23d,  1881.— A.  P.  Childs. 


ABRAHAM  BRODKINS  GARDNER ; 

His  Life  and  Character. 

FROM  THE  REFORMER,  DECEMBER.  2,  1881. 

No  mere  hoihIs  can  fully  and  clearly  set  forth  a  just  estimate  of  this 
man  of  impressive  bearing,  of  noble  qualities,  of  great  abilities.  His  pub- 
lic and  private  career  was  such  that  his  bier  was  surrounded — last  Satur- 
day— by  a  throng  of  mourners  whose  countenances  betokened  the  deep  and 
painful  anguish  of  their  sorrowing  hearts.  This  was  no  momentary  sem- 
blance of  sadness — which  comes  and  goes  in  a  day — but  it  was  profound, 
universal  and  enduring,  over  a  loss  that  can  never  be  repaired,  for  a  coun- 
sellor, neighbor  and  friend,  the  like  of  whom  a  century  will  not  replace- 
It  may  justly  be  affirmed  that  no  other  citizen  of  our  county,  in  all  the 
varied  relations  of  life,  filled  so  large  a  place  in  the  hearts,  homes  and  busi- 
ness life  of  our  people.  His  seniors  as  well  as  juniors  in  years  feel  that 
the  loss  of  his  counsel  and  his  friendship  is  irreparable. 

The  life  of  Abraham  Brodkins  Gardner,  though  only  a  span  of  three 
score  years,  was  crowded  to  repletion  ;  a  busy,  toilsome  one;  he  performed 
four  score  years  of  labor  within  a  score  less  of  lifetime.  Repose  he  seemed 
to  have,  yet  it  was  the  repose  that  comes  to  a  student  mind,  filled  with 
problems  for  solution  requiring  ceaseless  activity  of  thought  and  analysis. 
To  those  who  knew  Mr.  Gardner  most  intimately,  the  wonderful  fertility 
of  resources  which  he  brought  to  the  consideration  and  discussion  of  any 
cause  or  topic,  evinced  his  great  power,  and  confirmed  the  great  and  be- 
neficent influence  of  the  man.  As  we  have  said,  mere  words  are  too  un- 
meaning and  insignificant  to  convey  the  measure  and  stature  of  such  a  life 
and  character.  His  potential  influence  in  community  upon  the  masses  of 
the  people,  however  high  or  humble,  was  traceable  to  the  sincerity  and 
manly  expression  of  intelligent  convictions  of  duty. 

In  his  chosen  profession  he  ever  sought  to  prevail  through  the  merits  of 
his  cause,  rather  than  through  a  resort  to  legal  quibbles  or  pettifogging 
stratagems.  In  his  political  aspirations  and  associations  the  same  loyalty 
to  earnest  convictions  led  hira  to  often  espouse  the  cause  of  the  minority, 
striving  to  persuade  his  fellow  citizens  through  manly  argument  and  fair 


reasoning,  never  seeking  to  subvert  tlie  manhood  of  a  voter  by  those  subtle 
and  degrading  arts  which  too  often  appeal  to  the  pocket  i-ather  than  tin- 
intellect. 

He  will  long  be  missed  among  good  and  true  men  and  women  wherever 
he  was  known,  because  his  ability  and  influence  was  ever  exerted  for  good, 
never  for  evil;  because  all  his  methods  and  purposes  were  in  the  line  of 
faithful  and  honorable  service  for  his  fellow  men.  The  lessons  of  his  val- 
uable life  of  industry,  culture,  sobriety  and  integrity  upon  those  who  are 
to  follow  ii)  his  honored  pathway,  who  can  imj>ress? 

Asagrandand  vigorous  oak,  suddenly  stiuck  down  by  the  lightning  amid 
a  clustered  forest  of  trees,  crushes  and  disfigures  all  its  surroundings,  so 
tile  fall  of  this  man  lacerates  the  minds  and  hearts  of  the  people.  To 
many  an  aged  man  and  woman  he  was  the  main  staff,  counsellor  and 
comforter;  to  many  in  middle  life  he  was  a  guide  and  inspiration  ;  to  the 
young  he  was  ever  a  shining  example  of  manhood,  temperance  and  nobil- 
ity of  character. 

Though  often  estranged  from  kindred  and  friends  in  his  political  rela- 
tions, he  never  forfeited  their  confidence  and  admiration  by  an  unmanly 
act  or  unworthy  demeanor.  Opposing  public  action  never  was  allowed 
by  him  to  degenerate  into  unfriendliness  in  private  or  business  a.ssocia- 
tions.  lie  would  meet  a  i)olitical  opponent  the  day  following  an  exciti  no- 
canvass,  with  the  same  cordiality  of  greeting  as  though  he  was  a  most 
steadfast  co-worker  and  supporter.  Confiding  in  his  nature,  in  his  pro- 
fessional and  political  course  he,  too  often,  suffered  through  the  success 
of  those  latent  influences,  which,  like  an  insidious  disease,  covertly  over- 
throw the  wisest  plans  of  the  best  of  men. 

His  life  was  so  busy  that  he  left  many  of  his  own  tasks  unfinished, 
through  his  steadfast  devotion  to  the  demands  of  the  public,  his  clients 
and  friends.  The  best  monument  that  can  be  reared  to  his  memory  would 
be  the  cotiipletion  of  his  unfinished  tasks,  notably  the  erection  of  a  lasting 
monument  to  the  heroes  of  1777,  near  the  resting  place  of  one  whose  life 
was  so  interwoven  with  this  momentous  and  patriotic  project. 

Another  enduring  monument  can  be  erected  to  the  memory  of  Mr. 
Gardner  by  his  fellow  citizens  and  admirers,  through  practical  resolves 
that  the  old  church  and  society,  at  the  center  village,  which  he  so  revered, 
shall  not  suffer  financial  injury  by  reason  of  the  withdrawal  of  his  sup- 
port. 

In  order  that  this  imperfect  sketch  of  his  life  and  character  may  be  as 
complete  as  possible  in  this  issue  of  the  Reformer,  the  announcement  of 
his  death,  contained  in  our  last  issue,  is  herewith  republished,  and  to  fully 
illustrate  the  wide-spread  nature  of  this  afflictive  bereavement,  the  obitua- 
ries published  by  our  cotemporary,  also  that  of  the  Troy  Press,  where  de- 
ceased was  so  well  known  and  esteemed,  are  included  herein. 


6 
FROM  THE  BENNINGTON  BANNER. 

Mr.  Gardner  was  sixty-two  years  old  last  September,  and  had  Jived  in 
town  about  thirty-five  years.  Tw®  or  three  years  of  his  professional  life 
were  passed  in  Pownal,  his  native  town,  before  he  removed  to  Benning- 
ton. He  was  the  oldest  son  of  the  late  David  Gardner,  of  Pownal,  and  a 
brother,  Samuel,  and  sister,  Miss  Lodusky,  residents  of  that  town,  sur- 
vive of  his  fatlier's  family.  Mr.  Gardner  graduated  at  Union  College  at 
Sehenectady  in  early  manhood,  and  afterwards  studied  law  with  his  un- 
cle in  Castleton,  the  late  Isaac  T.  Wright.  He  was  admitted  to  the  bar  and 
followed  the  law  as  a  profession  all  his  life,  being  absociated  at  the 
time  of  his  decease  with  Henry  A.  Harman,  Esq.,  under  the  firm  style  of 
Gardner  &  Harman. 

Mr.  Gardner  had  been  married  three  times.  His  first  wife  was  Miss 
Jeannette  Swift,  daughter  of  Dr.  Heman  Swift,  of  Bennington  Centre. 
She  died  after  a  short  married  life  and  lier  child  died  also.  The  second 
wife  was  Miss  Cynthia  Brown,  a  step-daughter  of  the  late  J.  L.  Wilmarth 
of  Stamford.  Two  children  of  this  union  survive — Miss  M.  Jennie  Gard- 
ner, aged  18,  now  a  student  at  Vassar  College,  and  Arthur  B.,  a  lad  of  13 
years.  The  surviving  wife  was  Martha  Wilmarth,  a  daughter  of  the  Mr. 
Wilmarth  above  mentioned.  There  is  a  little  girl,  aged  about  five  vears 
the  fruit  of  this  union.  Mr.  Gardner  was  a  man  who  thought  everything 
of  his  family,  and  there  was  nothing  too  good  for  them  that  was  in  his 
power  to  provide.  In  all  his  public  career  he  never  lost  his  domestic 
life  as  is  so  often  the  case  with  public  men  and  })oliticians.  This  was  shown 
a  few  years  ago  when  Mr.  Gardner  was  thought  of  as  a  judge  for  the  Su- 
preme Bench.  The  thoughts  of  the  life  away  from  home  which  the  du- 
ties of  circuit  judge  entailed,  were  so  repugnant  to  his  feeiings,  that  he 
gave  the  appointing  power  no  encouragement  of  his  probable  acceptance, 
and  Hon.  Hoyt  H.  Wheeler,  a  man  out  of  the  district,  was  the  one  finally 
chosen. 

Mr.  Gardner's  public  life  has  been  known  to  his  associates  so  long 
that  very  little  is  needed  to  be  said.  He  has  represented  this  town  three 
times  in  the  house  of  representatives,  and  was  chosen  Speaker  and  served 
two  terms.  In  these  relations  he  ably  and  creditably  served  the  State  of 
Vermont  and  represented  his  constituency.  Elected  to  the  State  Senate 
he  as  satisfactorily  served  both  the  State  and  people,  as  he  did  in  the 
more  popular  branch  of  the  house.  In  the  early  years  of  the  war,  Mr. 
Gardner  was  this  county's  candidate  for  Member  of  Congress  against  the 
Addison  county  candidate,  Hon.  F.  E.  Woodbridge.  It  was  nothing  to  Mr. 
Gardner's  discredit  that  Bennington  county  was  defeated  in  the^'district 
convention  of  that  year.  The  county  has  been  defeated  in  its  candidate 
for  that  office  each  term  since.  It  has  alv>ays  seemed  to  Mr.  Gardner's 
Bennington  friends  that  he  should  have  been    the   successful    man  then. 


7 
But  a  majority  of  the  First  Congressional  District  Convention  thought 
otherwise.  The  esteem,  politically,  in  whicii  he  was  held  was  shown  a 
a  few  years  afterward  (in  1864-65,  we  think)  when-he  was  elected  to  the 
office  of  Lieut.-Governor  by  a  large  majority  of  the  people,  after  a  flat- 
tering nomination  by  the  State  Convention  of  the  Republican  party,  and 
thus  called  to  preside  over  the  State  Senate,  in  which  he  was  afterwards 
to  be  a  member  in  1870.  Of  other  State  offices  held  by  the  deceased  we 
recall :  Judge  Advocate  General,  Bank  Commissioner  and  State  Prison 
Inspector.  In  the  Republican  party  of  the  nation  he  represented  the 
State  in  the  National  Convention  of  1864,  and  served  four  years  upon  the 
executive  committee  of  the  National  committee  of  that  party.  In  all 
these  relations  Mr.  Gardner  ably  represented  the  State.  In  town  affairs 
he  was  auditor  and  moderator  for  many  successive  years  and  held  one 
office  at  the  time  of  his  decease.  As  a  lawyer  Mr.  Gardner  ranked  high 
and  was  employed  chiefly  on  those  cases,  during  his  later  life,  where 
great  legal  acumen  was  necessary  to  win.  He  was  an  excellent  counsel- 
lor, and  us  an  advocate,  the  calm,  dispassionate,  clear  and  forcible  pleas 
he  made  convinced  his  hearers  that  his  ability  was  unquestioned.  His 
temperament  was  such  that  it  was  almost  impossible  for  him  to  make  a 
plea  except  on  the  side  he  believed  to  be  right. 

One  trait  of  Mr.  Gardner's  character  mp}'  serve  as  a  key  whereby  the 
public  may  now  look  back  upon  his  life  and  understand  something  of 
the  motives  by  which  it  was  governed.  He  always  maintained  that  the 
dignity  of  the  public  office  should  be  recognized  by  the  man  holding  the 
position.  The  Governor  or  President  always  received  (as  well  as  other 
stations)  the  courtesy  due,  no  matter  who  was  in  the  chair.  Woe  unto 
him,  therefore,  who  degraded  the  office  in  Mr.  Gardner's  estimation — they 
were  sure  to  estrange  him  from  their  support  thereafter.  This  may  ex- 
plain why  he  was  a  firm  supporter  of  General  Grant  for  the  first  term 
and  not  an  adlierent  of  his  cause  for  the  second  term  in  1872.  This  is 
one  of  the  reasons  which  led  him  to  espouse  the  Greeley  movement. 
Added  to  this  was  the  fact  that  he  had  long  been  a  supporter  and  believer 
in  Horace  Greeley,  and  ties  thus  formed  were  not  easily  l)roken  in  his 
case.  These  associations  made  him  a  Liberal  Republican,  and  the  union 
of  that  faction  with  the  Democracy,  the  candidate  for  Governor  of  that 
fusion  in  18/2.  Since  which  time  he  has  continued  to  act  politically 
with  the  Democracy,  though  he  gave  the  Hayes  administration  a  cordial 
support. 

In  early  manhood  he  united  with  the  I.  O.  0.  F.,  passed  the  chairs, 
and  was  a  zealous  member  of  that  order  until  the  lodge  to  which  he  be- 
longed was  compelled  to  surrender  its  charter.  The  relation  thus  severed 
was  not  renewed  when  the  order  was  revived  in  this  state  twenty  years 
after.  He  was  afterwards  a  member  of  Mt.  Anthony  Lodge,  No.  13,  F. 
&  A.  M.,  of  this  village. 


Mr.  Gardner  was  a  model  man  in  his  neighborly  relations,  always  kind, 
and  taking  a  deep  interest  in  the  welfare  of  those  aasociated  with  him  in 
this  capacity.  He  will  be  greatly  missed  in  Bennington  Centre,  where 
death  has  taken  so  many  during  the  past  tew  years.  Although  not  a 
church  member  he  was  a  firm  supporter  of  the  old  First  Church,  and 
worshipped  with  tliat  congregation.  He  traced  his  descent  from  the 
Gardiner,  one  of  the  Pilgrim  fathers  who  landed  from  the  "May  Flower," 
in  1620. 

FROM  THE  TROY  AND  NEW  YORK  PRESS. 

He  was  a  Vice-president  of  the  Bennington  battle  monument  associa- 
tion. He  was  an  influential  member  of  the  Bennington  county  bar.  He 
took  great  delight  in  amateur  farming  and  the  cultivation  of  flowers  and 
fruit.  The  cause  of  death  was  congestion  of  the  lungs  in  connection  with 
a  heart  trouble.  He  was  thrice  married.  Mr.  Gardner  had  become  pos- 
essed  of  property  worth  from  $6:),03:)  to  $75  OOQ.  He  had  an  insurance 
of  more  than  $20,000  on  his  life.  Mr.  Gardner  was  a  supporter  of  church 
work  and  a  member  of  Mount  Anthony  l^odge,  F.  &  A.  M. 

He  had  practiced  law  35  years  in  Bennington,  and  was  formerly  prom- 
inent in  the  political  affairs  of  Vermont.  He  had  held  the  offices  of  Judge 
Advocate  General,  Bank  Examiner,  Speaker  of  the  Vermont  House  of 
Representatives,  and  other  important  s'ate,  county  and  town  offices.  He 
was  president  of  the  Eagle  Square  Manufacturing  Company  of  South 
Shaftsbury,  and  vice-president  of  the  Bennington  Battle  Monument  As- 
sociation.    He  was  62  years  old. 

The  Springfield  Republican  and  Boston  Journal  also  contained  suitable 
notices  of  the  life,  character  and  death  cf  the  departed. 


The  following  tribute  written  by  ex-Cxovernor  Hiland  Hall  to  his  son, 
John  V.  Hall,  Esq.,  well  expresses  the  grief  and  sympathy  of  the  writer  : 

"Annapolis,  Md.,  Dec.  1,  1881. 

Being  absent  from  my  home  in  Bennington  during  the  brief  sickness 
and  sudden  death  of  the  Hon.  Abraham  B.  Gardner,  I  was  unable  to 
show  my  regard  for  him  and  my  sympathy  for  his  family  and  relatives 
by  attending  his  funeral,  which  I  greatly  regret. 

Mr.  Gardner  was  a  distinguished  citizen  of  our  State,  by  which  he  was 
repeatedly  honored,  and  as  a  leading  member  of  the  bar  he  had  the  earnest 
respect  and  esteem  of  his  professional  associates  and  of  the  Bench  before 
which  he  practiced,  as  well  for  his  legal  acquirements  and  talents,  as  for 
his  uniform  kindness  and  courtesy. 

I  am  very  sorry  it  is  out  of  my  power  to  be  present  at  a  meeting  of  the 
bar,  to  express  my  own  grief  and  sorrow  in  connection  with  his  other 
protessional  brethren,  for  his  untimely  decease,  and  our  sympathy  for  his 
family  in  their  bereavement. 

Again  expressing  my  deep  regret  for  my  absence  from  home  on  this 
occasion,  I  am,  Very  truly  yours, 

Hiland  Hall." 


FUNERAL   SERVICES 

FROM  THE  BENNINGTON  COUNTY  REFORMLR. 

.'''aturday,  Nov.  26,  1881,  the  day  of  Mr.  Gardner's  funeral,  was  a  day 
of  universal  mourning  in  Bennington.  An  informal  meeting  of  the  bar 
was  held  at  the  office  of  County  Clerk  John  V.  Hall  in  the  morning, 
when  it  was  resolved  to  attend  the  funeral  in  a  body  and  to  leave  the 
formal  ceremonies  of  tribute,  eulogy  and  respect  to  their  late  associate  to 
be  held  upon  the  opening  of  the  count}-  court,  Dec.  6th  proximo.  The 
obsequies  were  at  the  late  home  o^  the  deceased  in  the  Centre  village,  at 
12:30  p.  m.,  where  the  Rev.  Isa?ic  Jennings  offered  a  brief  and  eloquent 
prayer,  making  feeling  allusion  to  the  repeated  summons  to  this  house- 
hold upon  similar  sorrowful  occasions.  Among  those  present  with  the 
immediate  relatives  and  neighbors  were  Messrs.  Brayion,  Tinker  and  A. 
C.  Houghton,  of  North  Adams,  Mr.  Jewett  of  Rutland  and  many  others. 
Owing  to  the  unfortunate  running  of  the  trains  many  were  debarred  from 
attending  the  obsequies.  The  solemn  ceremonies  were  under  the  conduct 
of  Mr.  C.  R.  Sanford.  The  casket,  an  elegant  one,  was  festooned  with 
immortelles  and  laden  with  a  beautiful  floral  cross,  sickle,  anchor  and 
wreath,  prepared  by  florist  Goldsmith.  The  coffin-plate  bore  the  in- 
scription, '"Abraham  B.  Gardner,  died  Nov.  23,  1881,  aged  62  years.  His 
mortal  reniains  bore  no  trace  of  his  recent  severe  sufferings;  his  noble, 
attractive  features  bore  that  genial  expression  which  in  life  never  repelled 
the  humblest  or  most  exalted  individual.  In  his  coffin  he  looked  the 
calm,  dignified,  heroic  spirit  that  he  was  in  life,  and  whose  death  has  so 
shaken  the  strongest  of  his  survivors.  Shortly  after  1  p.  m.  the  sad  rites 
were  continued  at  the  old  church  he  so  much  revered.  The  bearers  were 
Hons.  Benj.  R.  Sears,  Milo  Pierce,  Milo  C.  Huling,  John  V.  Hall,  \Vm.  P. 
Mattison  and  A.  P.  ('hilds.  After  the  solemn  chanting  by  tlie  church 
choir  of  "Cast  thy  burden  on  the  Lord,"  Rev.  Mr.  Partridge  read  portions 
of  the  Scri|)tures,  after  which  the  choir  sang,  "Friend  after  friena  departs, 
who  hath  not  lost  a  friend?"  in  a  subdued  and  tender  manner,  the  be- 
loved pastor  and  friend  of  deceased,  Rev.  Mr.  Jennings,  paid  a  just  and 
touching  tribute  to  his  memory,  from  which  we  extract  the  following : 


10 
REV.  MR.  JENNTNG'S  TRIBUTE. 

"  It  is  difficult  with  calinaess  to  approach  the  subject  of   the  sad  and 
to  us  all,  the   most  unwelcome  death   which   this   day  calls  us  together. 
We  are  convened  to   pay   our  last  tribute  of  affectionate  respect  to  the 
memory  of  one  so  profoundly  missed  by  the  community,  but  more  sadly 
of  all  by  his  bereaved  family  to  whom  he  was  so  much    and    who    loved 
him  so  dearly,  whose   supreme  interest  in  their  welfare  and  happiness 
was  so  constantly  in  his  thoughts.     We  come  to  bear  and  follow  to  the 
o-rave  the  remains  of  one  who  has  long  oi'cupied  a   large   and    important 
place  among  us.     It  is  a  solemn  and  very  impressive  event.     Our  sympa- 
thies are  moved,  our  hearts   are   touched  with  tenderness.     The  occasion 
evokes    a    profound    sensibility   within  us  all,  when  we  consider  the  cir- 
cumstances of  his  short  and  violent  sickness  and  death  in  the  very  ripe- 
ness of  his  experience  and  h's  attainments,    his   gentle   spirit   becoming 
more  mellowed  and  chastened  by  the  consciousness  and   the  observation 
of  the   vanity  of  this   transitory  and  earthly  life  and  the  uncertainty  of 
continuance,    and    thus   he  departed  and  the  places  that  knew  him  shall 
know  him  no  more  forever.     The   calamity   that  has  befallen  our  people 
is  similar  to  that  vrhich  afflicted  the  country  in  the  removal  of  President 
Garfield. 

The  features  of  Mr.  Gardner's  honorable  and  worthy  private  and  public 
life  have  been  so  fully  noticed  by  the  local  and   metropolitan  press  that  it 
is  almost  unnecessary  again  to  rehearse  these  interesting  and  instructive 
particulars.     Truthfully  has  it  been  said  that  the  sorrow  ot  the  people  for 
whom  he  so  long  and  zealously  labored  is  general  and    unfeigned,    while 
they  realize  the  void  his  death  has   created.     Without  effort  to  seem  ob- 
trusive or  prominent,  his  advice  and  service  was  always   in  demand  for 
the  public  vyelf;ire.     As  a  leader  and  presiding  officer  he  had  few  equals. 
Calm,  unimpassioned,  with  none  of  those  arts  and  affectations  too  com- 
mon among  men.     Self-poised,  a  man  of  few  words  save  those  of  wisdom 
and  judgment,  spoken  with  felicitous  and   manly  energy  and  unostenta- 
tion,  ever   urbane,   yet   dignified,^  never  frivolous,   though  always  access- 
ible, there  was  a  singular  unity   and    self-consistency  in  his  bearing,  his 
mien,  his  behavior,  his  deportment,  his  speech,  his  dress,  his  address,  his 
surroundings,  his  life,  all  these  bespoke  the  man.  There  were  no  idle  words  ; 
there  was  the  reserve  ot  repose,  of  dignity,  though  he  was  never  taciturn 
or  unapproachable,  rigid  or  censorious;  he  was  human  still,  and  in  many 
ways  he  was  one  of  you  and  one  with  you.     Gifted    with   an  intellect  to 
grasp,  he  ever  took  original  yet  solid  and  fundamental  views  of  things,which 
every  year  was  strengthened  by  the  aid  of  a   liberal   education,  profound 
study,  and  constant  intercourse  with  the  best  of  his  fellow  men,  while  he 
never  was  misunderstood  by   the    most   untutored    mind.     Thus  was  his 
life  filled  up  and  crowded  to  repletion. 


n 

111  your  presence,  gentlemen  ot"  the  law,  it  does  not  become  me  to  at- 
tempt to  portray  this  representative  m;in  in  the  learned,  responsible  and 
laborious  profession  of  his  choice.  In  this  sphere  you  were  more  con- 
vtM'sant  with  him  tiian  1  liave  Ixhmi,  and  your  own  t'eeliniis  are  a  guaran- 
tee tli.it  justice  shall  l)e  done  to  his  memory  in  tiiis  resj^ect. 

To  defer  to  his  judgment,  to  wait  till  he  had  sj)oken,  and  then  accept 
his  position,  was  the  experience  of  those  associated  with  hinj,  in  matters 
requiring  deliberation  and  great  wisdom.  And  yet  he  was  tlie  least  ob- 
trusive of  men,  always  ready  to  listen,  and  willing  that  others  should  act 
according  to  their  own  best  wisdom.  Who  can  rightly  estimate  the 
amount  of  service  that  has  been  pressed  into  these  forty  years  since 
he  left  college — his  self-possession,  sobriety  of  judgment  and  understand- 
ing, and  so  steadfast  an  eye  to  the  highest  types  of  character  for  indi- 
viilnals  and  institutions  of  government,  education  and  religion.  We 
must  feel  that  he  had  a  long  life  if  we  measure  it  by  deeds,  not  years. 

It  is  not  dittteidt  to  analyze  his  power,  to  distingush  the  factors  in  his 
character  which  influenced  his  fellow  men  in  matters  of  counsel  and  lead- 
ership, whether  in  private,  or  while  presiding  at  town  or  school  district 
meetings,  in  the  Senate  or  halls  of  our  State  Legislature.  I  wish  every 
young  !nan  would  draw  lessons  in  life  from  his  industry,  sobriety,  simplic- 
ity of  equipage  and  address,  his  dignity  of  bearing,  (and  this  too  at  a 
time  when  through  fear  of  too  rigid  strictness  the  tendency  toward  frivol- 
ity and  vanity  are  to  the  other  extreme),  his  exemption  from  ilnnking, 
profanity,  and  all  other  bad  habits  and  vices,  his  appreciation  of  the  re- 
sponsibilities of  ottice,  his  reverence  for  the  house  of  God,  and  the  truth 
of  God's  word,  his  kindly  bearing  to  those  in  need  or  want  of  advice, 
whether  the  rich  or  lowly. 

He  had  his  own  views  with  respect  to  public  proceedings  or  institu- 
tions, being  very  earnest  and  decided  in  condemning  everything  superfic- 
ial in  the  education  of  the  young,  emphatically  commending  thorough- 
ness m  pursuit  of  any  study  or  subject,  fully  appreciating  the  old  and  trite 
saying,  "What  is  worth  doing  at  all  is  worth  doing  well." 

This  is  a  remarkable  instance  of  a  death  in  wliich  none  can  be  found  to 
say,  "  It  is  best  he  shoidd  have  been  taken.''  All  would  imite  in  sayino- 
Mr.  Gardner  should  have  lived  for  many  years — for  Ins  family,  for  the 
commui^ily  ;  live  for  the  need  in  his  profession  of  his  emiiuuit  mental  and 
moral  qualifications,  live  for  the  Church  of  God.  It  is  plain  in  this  case, 
*' (iod's  ways  are  not  our  ways,  nor  his  thoughts  our  thoughts,  for  as  the 
heavens  are  high  above  the  earth,  so  are  his  wavs  higher  than  our  ways 
and  his  thoughts  higher  than  our  thoughts." 

I  can  but  recall  his  manliness,  his  deep  and  sincere  sense  of  the  siginfi- 
cance  of  death,  in  connection  with  numerous  family  bereavements,  and 
the  extent  to  which  he  accorded  to  religion  its  exalted  claims,  as  most 
touching  of  all       I  remember  bis  course  with  regard  to  the  step  the    sec- 


12 

ond  Mrs.  Gardner  took  in  uniting  with  our  church.  She  presented  a 
written  statement  in  her  own  writing  of  her  views  and  experience,  and 
when  at  his  request  the  address  at  her  funeral  was  to  be  printed,  he  es- 
pecially desired  that  that  statement  might  be  added.  Though  he  had 
made  no  public  profession  of  religion,  it  was  one  form  of  manifesting  a 
trait  which  was  ever  prominent  in  him,  of  realizing  deeply  the  sacred  and 
supreme  propriety  of  such  a  step,  (in  all),  and  that  each  one  should  be 
enabled  and  brought  to  do  it  in  sincerity  and  truth. 

I  am  sure  at  this  hour  all  must  feel  the  unspeakable"preciousness  of  a 
hope  in  Christ,  and  all  the  power  of  these  heavenly  consolations  in  sick- 
ness and  sorrow.  Let  us  remember  that  we  are  partakers  of  this  great 
salvation  not  through  our  own  worth,  but  after  that  the  kindness  and  love 
of  God  our  Saviour  toward  man  appeared.  Not  by  works  of  righteous- 
ness which  we  have  done,  but  according  to  his  mercy  He  saved  us,  by  the 
washing  of  regeneration  and  renewing  of  the  Holy  Ghost. 

Rev.  Mr.  Jennings  then  closed  with  prayer,  beginning  with  the  Lord's 
prayer,  and  closing  with,  "0  God,  the  protector  of  all  who  trust  in  Thee, 
without  whom  nothing  is  strong,  nothing  is  holy,  increase  and  multiply 
upon  us  Thy  mercy  that  though  being  our  Ruler  and  Guide,  we  may  so  pass 
through  things  temporal,  that  we  finally  lose  not  the  things  eternal. 
Grant  this,  O  heavenly  Father,  for  Jesus  Christ's  sake,  our  Lord.     Amen." 

The  choir  tlien  sung,  "One  sweetly  solemn  thought  comes  o'er  me  every 
hour.  Every  passing  hour,"  "Nearer  my  God,  to  Thee."  etc.  A  final 
view  of  the  remains  was  held  by  the  large  concourse  of  people  present, 
including  the  Bar  and  employes  of  the  Eagie  Square  Manufacturing  Co., 
who  attended  in  a  body.  Then  the  solemn  funeral  procession  wended 
its  silent  way  to  the  old  cemetery,  in  near  proximity  to  the  old  church 
where  the  remains  were  deposited  and  an  afflicted  pastor  and  people  bade 
adieu  to  all  that  was  mortal  of  Abraham  B.  Gardner,  the  friend  and 
champion  of  the  people. 

In  his  sermon  the  next  day,  Sunday,  Mr.  .Jennings  alluded  to  his  fun- 
erBl  in  these  words  :  "  I  cannot  but  refer  to  the  closing  scenes  of  the 
funeral  yesterday  ;  the  tender  and  plaintive  cadences  of  sacred  song  ; 
those  beautiful  flowers  on  the  coftin  ;  that  touching  spectacle  of  tears  as 
the  cottin-lid  was  shut  down  on  that  noble  head  ;  the  coffin  lowered  into 
the  grave — all  surrounded  by  graves  the  mementoes  of  bereavments 
reaching  back  to  almost  the  earliest  period  of  our  friend's  residence 
amongst  us,  and  following  in  almost  uninterrupted  succession  ;  thai,  beau- 
tiful monument  standing  in  the  midst  of  them,  the  rarest  monument  we 
have  for  chasteness  and  simplicity  and  beauty  combined,  bespeaking  the 
pure  taste,  and  the  domestic  loyalty  and  affection  of  him  who  caused  it  to 
be  reared,  and  whose  remains  now  repose  at  its  base.  You  did  well  to  lay 
beautiful  flowers  upon  his  coftin.  There  was  no  man  of  purer  taste  among 
us  ;  to  weep  tears  as  you    were  taking   your  last  look  of  him,  in  what  re- 


13 

mained  of  earth — there  was  no  one  among  us  more  worthy  to  be  lament- 
ed as  a  brother  and  a  friend." 

OTHER  NEWSPAPER  TRIBUTES. 

FROM   THE  REFORMER,   NOV.   25,   1881. 

By  the  death  of  Abraham  B.  Gardner,  at  his  Bennin^iton  Centre  residence 
Wednesday,  one  of  Bennington's  bes-t  and  ablest  citizens  is  removed.  The  'ad  in- 
teligence  was  carried  into  nearly  every  houst  hold  of  the  town  Wednesday  even- 
ing, whi'e  the  wires  flashed  it  to  neighboring  towns  and  dii^tant  states.  The  sor- 
row of  the  people  for  whom  he  has  so  long  and  zealously  labored,  is  general  and 
nnfeigned,  while  they  realize  the  void  that  his  death  has  created. 

Mr.  Gardner  was  born  at  Pownal,  Bennington  county,  Sept.  2d,  1819,  and  had 
paa^ed  his  sixty-second  birthday.  He  was  the  son  of  David  Gardner,  a  long-time 
resident  of  that  town.  Graduating  at  Union  College  about  1844.  he  entered  the 
Ca«;tleton  law  oiiice  of  h  s  uncle,  Isaac  T.  Wright,  and,  after  being  admitted  to  th  e 
bar  pr.  cti(  ed  a  whilt^,  we  think,  in  Rutland  county  l)efore  opening  an  ofh(  e  at  Pow- 
nal. from  whence  he  removed  to  Bennington.  He  married  Jeannette  Swift,  from 
one  of  Bennington's  best  families,  and  a  sister  of  Mr.  Charles  W.  Swift,  t^e  well- 
known  deputy  clerk  of  the  Bennington  county  court.  CalU.d  to  mourn  her  loss,  he 
subsequently  re-m«rried,  and  at  t'e  time  of  his  decease  was  living  with  his  third 
wife,  formerly  Miss  Mi  ttie  Wilma;th,  sister  of  A.  W.  AVilmarth. 

He  has  for  moie  than  twenty-five  years  been  one  of  the  foremos-t  lawyers  and 
business  men  of  his  county  and  state.  A  man  of  strong  and  vigorous  intellect — a 
rlos.' student  of  men  and  books— a  well-trained  lawyer,  conscientious  and  faithful 
in  all  his  relations  to  his  clients,  h's  fam  ly,  his  friends  and  to  tlie  community  in 
which  he  wi  s  born  and  lived— his  sudden  and  unexpected  death  remove-*  one 
who  could  not  well  be  spared.  He  was  in  the  front  rank  of  the  Vermont  bar.  In 
his  earlier  professional  life  he  was  prominent  in  politics.  He  was  a  member  of  the 
lowt  r  branch  of  the  legislature  for  several  years,  and  for  two  years  speaker.  He 
was  a'so  a  member  of  the  senate,  ard  for  two  years  Lieut.-Governor.  While  the 
Republican  party  upheld  the  principles  and  doctrines  of  constitutional  liberty,  .Mr. 
Gardner  was  a  vigorous  supporter  of  its  men  and  measures.  After  the  death  of 
Lircoln,  I  e,  with  Sumner,  Chase,  Greeley,  Trumbull  and  others,  being  the  purest 
and  best  of  the  party,  saw  his  duty  to  oppose  the  men  who  had  obtained  control 
of  the  organization  of  their  party  to  promote  their  private  ends.  For  the  last  ten 
years  Mr.  Gardner  has  been  an  independent  in  politics,  more  often  perhaps  voting 
with  the  Democrats. 

He  was  not  a  member  of  any  church,' but  a  man  who  believed  in  the  funda- 
mental doctrines  of  the  Christian  religion  andjived  in  accord  with  them.  He  was 
f'f  a  most  kindly  and  tender  disposition,  without  malice  and  'full  of  charity.  An 
affectionate  husband,  a  most  devoted  father,  a  faithful^and  reliable  friend.  His 
stricken  wife,  the' children  he  so  tenderly  loved,  the  frienHsand  clients  whose  con- 
fidence he  never  betrayed,  will  miss  him  and  mourn  forthim. 

He  had  been  in  failing  health  for  a  few.months  and  fully  [realized  that  he  ,had 
but  a  short  time  to  live.  To  one  at  least  of  his  intimate  friends,  just  two  weeks  be- 
fore his  death,  he  disclosed  his  condition  and  made  known  his  conviction  that  he 
must  soon  die.  It  is  some  con.solation  to  his  family  to  know  that  the  burden  of 
his  later  thoughts  concerned  them^and  their  welfare, >nd,  while  death  had  no  ter- 
rors for  him,  he  would  gladly  have  lived  loni-er  for  them. 


14 

It  was  in  August,  1880,  that  he  first  complained  of  trouble  in  his  chest,  an'I  to 
several,  outside  liis  immediate  relatives,  expressi  d  apprehengion  that  h'S  remain- 
ing days  were  few.  Although  the  immediate  cause  of  his  death  was  pneumonia, 
with  whii-h  he  was  attacked  on  Monday,  Nov.  14,  there  is  little  doubt  that  heart 
troubJe  complicated  the  fatal  malady. 

FROM  THE  SPRINGFIELD  REPUBLICAN. 

Vermont  loses  one  of  her  most  valuable  citizens  in  the  death  of  Abraham  Brod- 
kins  Gardner  of  Bennington.  The  Green  Mountain  state  is  not  famous  for  the 
political  independence  of  her  son?,  while  she  has  a  good  percentage  of  wel  -inten- 
ti(jned  men  ;  and  A.  B.  Gardner  waspromirientin  that  small  body  of  citizens,  who, 
with  firm  convictions  not  regulated  by  mistaken  loyalty  to  parly,  voted  for  Horace 
Greeley,  worked  for  his  election  and  labored  always  for  cleaner  government  and 
wiser  men  in  office  Had  he  Leen  willinir  to  coddle  persons  of  power  or  drift 
along  with  public  opinion  when  his  good  tense  told  him  that  it  was  in  error,  he 
could  have  held  any  office  in  the  gift  of  his  .-tate.  As  it  was  he  rose  from  represen- 
tative to  lieutenant-governor,  and,  as  the  liberal  candidate  for  the  governorship, 
drew  as  large  a  vote  as  any  independent  man  could  poll.  As  speaker  of  the  House, 
and  later  of  the  Senate,  he  was  ready,  fair  and  wise  ;  in  private  life  he  was  ht.nor- 
ed  and  loved,  and  as  the  undisputed  leader  of  the  Bennington  county  bar  he  left 
impressions  which  will  be  long  remembered.  He  was  quick  to  see  and  act  and 
wise  to  manage;  and  the  success  of  the  Bennington  ceninenial  cetebratii  n  was 
perhaps  due  more  lary;tly  to  his  generosity  and  his  tftbrts  than  to  any  other  man. 
Mr.  Gardner  was  a  man  of  rarest  personal  presence,  with  features  that  told  his 
strength  of  mind  and  body.  There  are  many  outside  of  his  state  who  mourn  to- 
day that  he  is  dead  in  the  full  development  of  his  powers. 

FROM  THE  HOOSICK  VALLEY  NEWS,  NORTH  ADAMS,  MAI-S. 

Hon.  A.  B.  Gardner,  well  known  in  this  village  and  vicinity,  and  for  many  years  a 
l)ronnueut  figure  in  his  native  State,  died  at  his  home  in  Bennington  Centre,  Vt  ,  on  the 
28d  of  Novemher  after  a  brief  illness,  of  congestion  of  the  lungs.  His  health  had  not 
been  good  for  a  considerable  time,  and  it  was  while  m  Albany  for  the  pnrp(ise  of  secur- 
ing medical  advice  that  he  was  attacked  with  what  proved  his  last  sickness. 

Mr.  Ganlnor  was  born  at  Pownal,  Vt.,  in  1819,  and  passed  his  early  life^  there,  re- 
moving to  Bennington  Centre  about  thirty-five  years  ago  where  he  has  since  resided, 
gaining  by  an  upright  lilt'  and  sterling  business  qualities  a  wide  and  enviable  reputa- 
tion thronghi>ut  the  slate  which  he  served  repeatedly  in  honored  and  responsible  posi- 
tions. He  was  a  lawyer  by  piofession  and  achieved  a  success  in  his  chosen  field  that 
might  well  gratify  the  highest  ambition. 

Mr.  Gardner  was  married  three  times.  His  first  wife  was  Miss  Jeannetle  Swift  of 
Bennington  Centre,  Vt.  The  second  was  Miss  Cynthia  Brown,  step-daughter  of  J.  L. 
Wilmarthof  Stamford,  Vt..  who  left  two  children,  M.  Jennie,  now  a  young  lady  of  18 
years,  and  a  student  at  Vassar  College,  and  Arthur  B.,  a  lad  of  13  years.  His  third 
wife  who  survives^him,  was  Miss  Martha  Wilmarlh,  daughter  of  the  above  mentioned 
J.  L.  Wilmarth.  He  also  leaves  a  little  daughter  five  years  old.  In  his  domestic  'ife 
he  was  a  kind  and  indulgent  husband  and  fathei  and  his  greatest  pleasure  was  taken  in 
the  bosom  of  his  family  for  whom  he  was  ever  willing  and  anxious  to  do  all  that  love 
could  suggest  and  liberal  means  provide.  His  profeosional  and  public  duties  could 
never  for  a  moment  blind  him  to  the  more  sacred  duties  he  owed  to  those  dependent 
on  him,  and  thus  it  was  that  during  a  long  and  conspicuous  career  as  lawyer  and  poll 


16 

tician  he  never  lost  sight  of  the  beacon  light  of  home  iior  parted  with  those  refinements 
which  are  best  appreci$ted  in  the  hoaie  circle. 

Mr.  Gardner  was  called  repeatedly  to  serve  his  fellow  citizens  in  positions  requiring 
keen  judgment  and  sound  practical  knowledge,  and  in  no  instance  did  he  ever  disap- 
point their  highest  e.xpectations  He  represented  his  town  three  times  in  the  Legisla- 
ture and  was  once  elected  Speaker  of  the  House.  He  was  also  elected  to  the  State 
Sehate  where  his  great  abilities  found  room  for  congenial  and  useful  effort,  and  in  that 
capacity  he  did  creditable  service  to  the  State  and  more  than  met  the  expectations 
of  his  constituency.  During  the  war  of  the  rebellion  he  was  the  county's  candidate  for 
Member  of  Congress,  but  was  defeated  by  Hon.  F.  E.  Woodbridge  of  Addison  county 
in  the  district  convention.  He  was  afterwards  elected  Lieut. -Governor  of  the  state  l)y 
ajarge  maioiity,  after  a  flattering  nomination  by  the  Republican  State  convention,  and 
in  that  capacity  presided  over  the  State  Senate  to  the  entire  acceptance  and  satisfaction 
of  all.  He  also  held  at  dilTerent  times  the  offices  of  Judge  Advocate  General,  Bank 
Commissioner  and  State  Prison  Inspector,  and  represented  the  State  in  the  Republican 
National  convention  in  IbG-f,  and  also  served  four  years  as  a  member  of  the  executive 
committee  of  the  national  committee  of  that  party.  In  all  of  these  positions  Mr.  Gard 
ner  ably  and  satisfactorily  represented  the  state.  In  town  atl'airs  he  was  also  called  to 
bear  a  prominent  part  and  he  served  as  moderator  and  auditor  for  years  in  succession. 
As  a  lawyer  he  ranked  with  the  foremost  of  the  State  and  was  chiefly  employed  in  cases 
where  great  legal  acumen  and  foren  ic  ability  were  necessary  to  success.  As  an  advo- 
cate and  counsellor  he  was  unsurpassed,  and  his  pleas  were  always  calm,  but  forcible 
and  eloquent,  and  seldom  delivered  on  the  side  he  did  not  believe  to  bt  right. 

Mr.  Gardner  was  associated  with  the  Eagle  Sciuare  Manufacturing  company  South 
Shaftsbury,  as  its  president,  and  owned  and  carried  on  a  large  farm  in  the  to  vii  of 
Shattsbury.  In  the  Ba  tie  Monument  Association  he  took  a  deep  interest,  was  one  of  the 
earliest  promoters  of  the  project  t3  celebrate  the  centennial  of  the  battle  of  Bennington 
and  to  build  a  suitable  monument,  and  his  place  in  the  Board  of  Directors  it  will  be 
difficult  to  fill. 

He  was  a  model  man  in  his  neighborly  relations,  always  kind  and  taking  a  deep  interest 
in  the  welfare  of  those  associated  with  him  in  this  capacity.  He  will  be  greatly  missed  in 
Bennington  Centre  where  death  has  taken  so  many  within  the  past  f(  w  years.  Al- 
tliough  not  a  church  member  he  was  a  firm  supporter  of  the  Old  First  Church,  and 
worshipped  with  that  congregation.  He  traced  his  descent  from  one  of  the  Pilgrim 
Fathers  who  landed  from  the  "May  Flower,"  in  1620. 

His  funeral  was  attended  from  the  Old  First  Church  last  Saturday  afternoon  at  one 
o'clock,  many  of  the  prominent  professional  men  of  the  State  being  present.  His  mem- 
ory will  long  be  cherished  by  the  people  of  Vermont  as  that  of  a  dutiful,  honored  and 
respected  friend  and  citizen. 


Exercises  by  Bennington  County  Court. 

At  four  o'clock,  Dec.  8,  1881,  the  bar  assembled,  while  the  case  in  hand  was  suspended 
for  the  time  being,  ana  the  chairman  of  the  bar  committee  presented  the  resolutions 
with  these  felicitous  words  : 

REMARKS  OF  HON.  JAS.  K.  BATCHELDER. 

Your  Honors  :— Smce  the  last  term  of  this  court  it  is  well  known  to  all  that  one  of 
the  most  honored  memb(;rs  of  this  bar  has  been  taken  away  from  us  by  death.  In  view 
of  this  fact,  upon  the  assembling  of  the  court  Tuesday,  the  bar  called  a  meeting  and  ap- 
pointed a  committee  to  draft  resolutions  to  be  presented  before  this  court.  Pursuant  to 
that  order  of  the  bar  the  committee  would  now  respectfully  report  the  following  resolu- 
tions : 

Whereas,  A  lawyer  of  eminent  ability,  a  citizen  without  reproach,  has  fallen  from 
our  ranks  in  the  midst  of  a  career  of  great  usefulness  to  the  public  and  the  profession  ; 
therefore : 

Resolved,  That  in  the  death  of  Abraham  B.  Gardner  tl'.e  bar  lias  sustained  the  loss  of 
one  foremost  in  its  ranks,  whose  high  attainments,  exalted  character,  unsullied  lif»  and 
reputation  well  qualified  him  for  that  distinguished  leadership  wherein  he  adorned  the 
profession  and  honored  the  State. 

Resolved,  That  we  tender  to  his  family  our  profound  sympathy  in  this  hour  of  their 
great  sorrow  iuul  desolation,  with  the  assuiance  that  the  remembrance  of  the  virtues  of 
our  departed  friend  and  brother  shall  ever  inspire  our  solicitude  for  their  highest  welfare. 

Resolved,  That  these  resolutions  be  inscribed  upon  the  records  of  the  court,  and  that 
a  copy  be  furnished  to  the  family  of  our  deceased  brother. 

In  offering  these  resolutions,  your  Honors,  I  cannot  refrain  froni  a  moments'  remarks 
about  our  brother  who  is  gone. 

Although  older  in  years  by  far  than  uiyseif,  I  have  known  him  well  ever  since  ray 
practice  at  the  bar.  His  courtesy  and  ability  as  a  lawyer  was  only  equaled  by  his  virtu- 
ous and  high  character  as  a  citizen.  How  well  do  I  recollect  when  I  commenced  the 
thorny  road  of  my  profession,  how  nmcli  I  hooked  to  him  for  guidance  and  advice,  and 
how  readily  it  was  given  me.  Never  did  I  ask  him  for  a  favor  that  he  did  not  readily 
grant  if  it  was  not  against  the  interests  of  his  clients. 

I  think  I  can  say  truthfully  of  him  that  during  all  the  time  I  hive  known  Mr.  Gard- 
ner 1  have  never  known  hi'U  to  do  an  uiiprofeBsi'>nal  act. 

Few  men  liieru  arc  in  this  county,  coniniunity  or  State  who  have  passed  through  so 
varied  scenes  of  life  as  he,  and  who  in  its  long  and  eventful  course,  have  been  so  truth- 
ful, so  upright,  and  so  lionest  as  Abraham  B.  Gardner. 


17 
REMARKS  OF  HON.  GEO.  W.  HARMAN. 

May  il  please  -he  Court  :— A  few  days  since  a  meeting  of  the  bar  wk.s  railed,  and, 
from  the  action  then  taken,  I  did  not  suppose  I  should  be  called  upon  to  make  any 
remarks  at  this  time.  In  seconding  the  motion  tor  the  adoption  of  the  resolutions,  I 
will  say  that  I  eordiaiiy  ai;iee  with  everything  contained  in  them,  and  in  the  remarks 
made  by  my  brother  Batchelder. 

It  was  niv  good  fortune  to  make  the  icquaintauce  of  Mr.  Gardner  inhis  early  life. 
He  had  been  graduated  from  Union  College  and  was  in  the  law  office  of  his  uucle,  the 
late  Hon.  Isaac  Tichenor  Wright  in  (Jastleton,  Rutland  county,  when  I  formed  his  ac- 
quaintance. It  was  his  custom  to  attend  the  courts,  both  county  and  supreme,  at  Rut- 
land, and  it  was  my  good  fortune  to  room  with  him  during  all  thai  lime,  and  the  ac- 
quaintance and  intimacy  thus  formed,   has  never  been  marred  in  the  leawt. 

Mr.  Gardner,  after  the  completion  of  his  studies,  was  admitted  to  the  bar  in  Rutland 
county,  and  then  came  to  this  county  ;  and  as  I  used  to  attend  the  courts  here  our  ac- 
quaintance was  continued  until  1  moved  to  this  town  about  thirty-four  years  ago  ;  and 
ever  since  our  relations  have  been  of  the  same  intimate  and  pleasant  character. 

Mr.  Gardner  was  a  gentleman  who  never,   to  my  knowledge,  allowed  himself  to  be 
ruffled.     If  things   were  said  and   done   that   would   raise  the   "fur"  upon  the  backs  of 
^some  of  us,  they  never  ruffled  him  in  the  least. 

Mr.  Gardner  was  a  gentleman  who  always  kept  his  word.  I  have  known  of  his  mak- 
ing promises,  not  only  to  the  members  of  the  bar,  but  to  others  of  what  he  would  do — ' 
promises  involving  pecuniary  loss  or  liability,  and  he  always  made  them  ood.  As  his 
homely  expression  was  at  one  time,  "I'll  do  it  if  it  takes  a  leg.'' 

Mr.  Gardner  wvs  not  the  most  polished  in  his  English  or  erudite  in  his  profession,  but 
he  was  very  fair  in  both,  and  he  possessed  one  gift  which  it  woulil  be  well  if  uU  the  bar 
of  the  whole  State  had  it  in  an  equal  degree.  He  had  the  deepest  common  sense  per 
vading  his  mind.  He  was  one  of  the  must  practical  men  I  ever  saw.  He  had  a  solid, 
abiding  judgment,  so  that  when  he  had  gotten  the  facts  of  a  case,  that  innate  common- 
sense  or  judgment  which  he  had,  enabled  him  to  come  to  vey  correct  conclusions.  I 
have  often  remarked,  during  his  life  time,  that  1  had  rather  have  his  opinion  upon  a 
point  of  law  than  that  of  a  great  many  others  whom  I  knew,  who  were  greatly  above 
him  in  legal  attainments.  That  quality  was  what  raised  him  to  the  exalted  position 
he  had  attained  and  occupied  for  so  many  years. 

Mr.  Gardner,  in  his  domestic  relations,  was  very  nmch  afflicted.  At  one  lime  he  said 
to  me  that  he  had  had— I  don't  know  how  many  children — but  the  number  went  up 
into  the  teens,  and  they  were  nearly  all  dead.  He  said  that  when  a  member  of  his  fam- 
ily was  sick  he  always  intendetl  to  do  all  he  could,  and  if  the  result  was  unfavorable  he 
did  not  indulge  in  vain  lamentations.     This  was  true  philosophy. 

But  he  loved  his  family  and  was  deeply  affected  when  a  death  occurred  among  them. 
1  well  remember  the  occasion  of  tiic  funeral  of  his  daughter  Estelle,  an  accomplished 
and  blooming  maiden,  when  his  grief  was  intense.  I  was  out  of  town  when  Brother 
Gardner  died,  and  I  deeply  regret  that  circumstances  rendered  it  inexpedient  for  me  to 
attend  his  funeral.  1  would  that  I  could  have  taken  a  last  view  of  his  face — pleasant 
in  death — mingled  my  sympathy  with  his  sorrowing  friends  and  laid  upon  his  bier  a 
token  of  my  tender  regard. 

REMARKS  OF  HON.  C.  N.   DAVENPORT. 
May  it  phase  Your  Soriors: — Although  not  a  member  of  this  bar,  it  has  been  my 


18 

good  fortune  to  be  associated  for  the  last  twenty-six  years  with  the  Bennington  County 
bar,  and  I  have  had  the  pleasure  of  meeting  my  professional  brethren  in  this  county  as 
they  have  lived  and  moved,  two  or  three  times  at  least  a  year. 

As  I  look  over  my  brethren  here,  I  see  in  this  bar  but  two  men  who  were  in  practice 
here  at  the  time  I  commenced  to  attend  this  court.  Uncertain  is  human  life,  how 
soon  it  is  that  all  are  gathered  to  their  fathers!  My  brother  Harman  was  here  in  the 
county  at  the  time  I  came,  but  he  had  left,  for  the  time  being,  the  profession  he  had  al- 
ways loved  and  never  dishonored ;  because,  I  suppose,  the  material  returns  were  not  so 
great  as  outside  of  it;   but  he  has  come  back  to  his  first  love  now  as  every  man  ought  to. 

Brothei  Lyman,  who  still  lives,  was  engaged  in  outside  business.  Gov.  RoMnson,  A. 
L.  Miner,  A.  B.  Gardner,  Harman  Cantield  and  others — a  strong  bar,  and  composed  of 
as  able  members  as  there  ever  was  of  its  size  in  the  State — were  here. 

I  have  been  most  intimately  associated  with  Mr.  Gardner.  For  fifteen  years  outside 
of  my  own  family,  he  was  my  best  friend. 

Uur  clientage  happened  to  be  quite  largely  in  this  section  of  the  country  identical. 
For  many  years  we  were  often  associated  together  as  couLsel  for  the  same  persons. 

Our  business  often  took  us  away  from  tlie  State,  and  oftentimes  our  families,  or  mem- 
bers of  our  families  went  with  us. 

In  all  the  affairs  of  Mr.  Gardner's  life  I  feel  that  these  resolutions,  although  couched 
in  the  usual  language,  do  not  do  more  than  justice  to  his  memory. 

It  is  one  of  the  good  qualities  of  our  nature  that  prompts  us,  when  our  friends  pass 
away,  to  forget  their  failings  and  remember  their  virtues,  and  it  is  to  our  credit  that  we 
do  so,  and  that  our  natural  inclination  is  not  only  not  to  speak  evil  of  the  dead,  but  to 
say  of  them  good.  It  would  not  be  fair  to  say  that  A.  B.  Gardner  had  no  weaknesses, 
because  he  had  ^hem ;  but  he  had  as  few  weaknesses  as  often  falls  to  the  lot  of  man, 
and  more  virtues. 

Afliicted  though  he  often  was,  there  never  was  a  kinder  husband  or  a  kinder  father ; 
and  your  Honors,  the  best  test  we  have  of  a  man  here  on  earth  is  to  find  out  how  those 
near  and  dear  to  him  regard  him.  And  the  next  best  test — especially  in  regard  to  a 
lawyer—  is  to  find  out  liow  his  clients,  who  have  placed  their  interests  and  their  all  in 
l:is  hands  regard  him.  Now  if  you  will  look  over  the  clients  of  Mr.  Gardner  you  will 
find  the  men  who  were  his  clients  a  quarter  of  a  century  ago,  were  his  clients,  so  far  as 
living,  when  he  died ;  and  when  the  fathers  died  the  children  still  went  to  him.  He 
lived  up  to  the  oath  he  took,  "to  do  no  falsehood,"  he  was  ever  faithful  to  that  oath  ; 
he  never  deceived  your  Honors ;  he  acted  with  good  faith  to  the  court  as  well  as  to  his 
clients.     What  more  could  be  said,  or  ought  to  be  said  of  any  man  ? 

I  want  to  say  one  thing  more.  He  was  a  man  that  looked  upon  the  profession  to 
which  we  brethren  belong  and  to  which  your  Honor  balongs,  also — he  looked  upon  it 
as  a  high  and  honorable  profession.  He  never  regarded  it  as  a  trade  to  make  money. 
Faithful  as  he  was  to  his  clients  he  had  rather  lose  his  cause  than  have  injustice  done. 

I  don't  know  but  there  are  men  of  larger  legal  information  than  Mr.  Gardner.  There 
are  men  who  have  had  better  opportunities.  He  followed  in  his  early  life,  as  niany  oth 
er  men  have  done  to  their  loss,  the  idea  of  political  honor  and  preferment.  Had  he  de- 
voted his  whole  life,  as  he  did  the  last  fifteen  years  of  it,  to  his  profession,  he  would 
have  had  few,  if  any,  superiors.  For  the  last  fifteen  years  he  has  been  growing  as  a 
lawyer,  and  before,  he  was  a  good  lawyer.  If  the  young  lawyers  of  Bennington  county 
will  take  A.  B.  Gardner  as  their  example  and  their  guide,  they  will  never  dishonor  their 
profession  or  themselves. 


19 

REMARKS  OF  HON.  TARRANT  SJBLEY. 

1  cannot  let  this  occasion  puss  your  Honore  without  apeakintr  a  won!  hen-  in  comec- 
tion  with  these  resolutions.  A  irrcat  deal  has  already  been  said  and  very  well  said  in 
behalf  of  our  late  brother.  miuI  1  fully  endorse  all  that  has  been  said  licic.  I  fully 
endorse  these  resolutions  as  tiiey  are  drawn  up  and  signed. 

My  experience,  perhaps  my  social  and  professional  relations,  with  my  brother  ante- 
date those  of  any  member  of  the  bar  here  present. 

Our  relations  have  always  been  the  m»st  intimate,  social  and  professional,  witliout 
interruption  or  jar,  from  the  time  we  were  a  Iniitted  to  the  bar  until  the  time  he  was 
removed  by  death. 

My  first  acquaintance  with  Mr.  Gardner  was  in  college  life,  and  after  that  we  were 
admitted  to  the  bar  at-about  the  same  time.  We  located  in  Benniniiton  village,  where 
the  court  house  and  the  pul)lic  business  of  the  court  was  then  being  done.  We  have 
been  associated  together  a  great  many  tiiues,  and  we  have  in  our  professional  life  been 
pitted  against  each  other.  We  have  fought  the  battle  (o'er  and  o'er)  over  this  table  and 
at  Manchester,  and  during  all  this  time  there  has  never  been  a  particle  of  discord  in  our 
social  life. 

We  have  lived  near  together  and  in  all  our  r<;lalions  soc^iHlly  we  have  stood  together. 
We  had  both  arrived  to  over  three-score  years,  and  to  have  our  associations  thus  sua- 
deuly  broken  has  for  me  cast  a  pall  over  this  bar,  and  it  casts  a  shadow  not  only  over 
his  professional  brethren,  but  over  the  village,  over  the  town  and  .'ver  the  State  ; 
wherever  he  was  known  he  was  everywhere  respected.  It  is  a  sad  loss,  not  only  to  the 
professional  brethren  of  this  bar,  but  to  the  public  at  large. 

Stricken  down  when  his  sun  was  almost  in  the  meridian — in  the  heighth  of  his  useful- 
ness I     Stricken  down  in  the  way  he  was,  it  gave  a  shock  to  all  his  friends. 

There  is  a  vacant  chair  !  and  that  chair  will  be  vacant  while  I  am  allowed  still  to  re- 
main and  carry  on  the  profession  of  the  law.  His  memory  is  cherished.  I  never  shall 
attend  a  term  of  court  without  missing  the  friend  of  my  youth,  the  man  who  has 
stood  by  me,  shoulder  to  shoulder,  and  worked  in  the  harness  with  me  for  more  than 
forty  years. 

1  will  close  by  saying  "  Peace  to  his  ashes.'" 

REMARKS  OF  HON.   H.    K.   FOWLER. 

May  it  please  your  Honojs  :— l\Ir.  Gardner  was  by  a  few  months  my  junior  and  as 
we  were  admitted  to  the  bar  about  the  same  time  we  may  be  said  to  belong  to  the  same 
class.  We  were  indeed  boys  together,  I  well  reiuember  the  time  when  my  brother 
Tarrant  Sibley  and  Mr.  Gardner  of  Bennington,  and  Hun.  E.  li.  Burton  and  myself 
of  Manchester,  were  called  "the  boys. '"  We  were  all  admitted  about  the  same  time 
and  age,  Mr.  Gardner  being  the  youngest.  The  men,  the  lawyers  at  that  time  were  my 
friend  Hon.  A.  L.  Miner  and  his  veuerable  partner  Gov.  Sargeaut,  Gov.  Hall  and  his 
partner  A.  P.  Lyman,  Gov.  John  S.  Robinson,  Judge  Pierpont  Isham,  Wm.  S.  South- 
worth,  Uel  M.  Robinson,  Henry  Kellogg,  Harmon  Cantield  and  Daniel  Roberts — the 
latter  then  quite  a  youngerly  man.  They  composed  a  strong  and  efficient  bar.  But 
most  of  these  veterans  have  preceded  Mr.  Gardner  to  the  grave.  A  few  only  remain 
as  reminiscences  of  ;j8  years  agt).  It  reminds  us  that  boys  become  men,  that  men  grow 
old,  and  that  we  all — both  young  and  '^Id— must  soon  pass  away. 

I  feel  that  I  must  adtl  a  few  more  words  as  a  tribute  of  respect  to  my  deceased  con- 
temporary and  friend.  Mr.  Gardner  possessed  a  happy  blending  of  those  peculiar  traits 
and  characteristics  essential  to  worth  and  greatness.     He  was  always  social,  genial,  gen- 


20 

erous,  kind  and  courteous.  He  had  a  dignified,  gentlemanly  bearing,  yet  was  free  from 
arrogance  and  ostentation.  He  was  a  man  of  easy  approach  and  acquaintance  and  of 
lasting  friendships.     He  was  the  friend  of  all — the  emmy  of  none. 

The  history  of  his  professional  life  and  care.r — could  it  be  written  in  detail — would 
aflford  us  a  befitting  commentary  to  study,  a  profitable  example  to  follow.  His  un- 
questioned integrity,  his  inflexible  fidelity  and  his  unblemished  character  secured  the 
confidence  of  all;  his  studious  habits  and  great  attainments  enabled  him  to  render  effi- 
cient aid  to  his  employers,  while  his  generosity  and  moderate  charges  placed  his  distin- 
guished abilities  within  the  reach  of  the  poor  as  well  as  the  rich,  and  gave  him  a  wide- 
spread professional  popularity  and  resulted  in  his  building  up  a  large  and  lucrative  prac- 
tice. He  was  a  success.  He  attained  an  eminence  to  which,  however  much  we  may 
strive,  we  cannot  all  expect  to  reach — the  leadership  of  the  bar. 

But  he  has  gone — stricken  down  in  the  midst  of  his  usefulness,  at  the  zenith  of  an 
honorable  and  successful  career.  Yes,  the  youngest  of  "the  boys"  has  left  us.  His 
seat  among  us  is  vacant.  We  miss  him  and  deplore  the  loss.  This  bar  is  smitten 
with  grief.  The  village  in  which  he  lived,  the  town  and  county  of  Bennington,  nay  the 
State  of  Vermont,  has  had  a  sad  bereavement.  The  occasion  leads  us  to  inquire  who 
next  will  be  the  subject  of  an  obituary  bar  meeting?  I  know  it  is  not  a  pleasant  theme 
to  contemplate,  yet  it  is  an  important  matter.  It  is  a  crisis  that  lies  in  the  pathway  of 
us  all — a  crisis  1  hope  we  may  all  be  prepared  to  meet  with  the  record  of  a  life  as  pure 
and  as  well  spent  as  he  for  whom  we  mouru. 

REMARKS  OF  H.  A.  HARM  AN,  ESQ. 

May  it  please  the  Court  : — While  there  is  no  member  of  the  bar  here  present,  whose 
recollections  of  the  deceased  are  not  of  the  most  pleasant  nature  possible,  yet  it  was 
my  privilege  to  sustain  toward  him  a  peculiar  and  intimate  relation,  since  during  the 
past  six  years  and  more  he  has  been  my  my  constant  companion  and  my  friend.  As  I 
have  been  Ustening  to  the  reminiscences  which  others  have  here  detailed,  it  has  seemed 
to  me  that  I  could  do  little  more,  perhaps,  than  strew  upon  his  grave  some  of  the  hum- 
ble flowers  I  might  pick  up  from  the  walks  of  daily  life. 

Mr.  Gardner,  in  his  daily  life,  was  the  same  man  that  he  has  been  described  in  his 
public  career.  Those  admirable  traits,  which  we  have  heard  commended  and  which  so 
endeared  him  to  the  public,  became  thus  admirable  because  they  were  merely  the 
outcome  of  his  ordinary  life  and  thought.  And  if  there  were  any  one  feature  of  his 
life  I  would  especially  dwell  on — aay  one  lesson  I  would  teach  to  those  who  are  to  come 
after  him — it  was  this  fidelity  to  his  clients  which  has  been  here  alluded  to. 

While  Mr.  Gardner  never  did  injustice  to  any,  in  or  out  of  court,  yet  if  any  one 
principle  were  peculiarly  marked  about  him,  it  was  iiis  faithfulness  under  all  cir- 
cumstances to  those  who  had  employed  him.  No  concern  of  his  own  personal  inter- 
ests, no  matter  of  importance  to  his  friends  was  ever  allowed  to  intrude  between  him- 
self and  his  sacred  professional  duty  ;  so  that  always  the  thought  in  his  mind  and  the 
question  upon  his  lips,  in  his  private  consultations  as  well  as  in  his  public  efforts,  was 
''What  is  for  the  best  interests  of  the  client  whom  I  now  represent  in  the  matter  under 
consideration?" 

Mr.  Gardner  was  not  only  all  that  has  been  said  of  him  as  a  man  of  common  sense 
and  of  excellent  judgment;  he  was  even  more  than  has  been  said  of  him;  he  was 
a  lawyer.  When  I  first  became  interested  with  him  as  a  partner,  I  know  it  was  a  mat- 
ter of  continual  surprise  to  me  to  observe  how  familiar  he  was,  not  only  with  the  great 
principles  of  ihe  law,  but  with  the  decisions  of  the  courts.     And  while  perhaps  during 


21 

the  last  yea'"  or  two  he  was  inclined,  as  every  such  man  is,  to  repose  a  little  upon  the 
laurels  he  had  won  before,  yet  I  have  found  that  whenever  I  went  to  him  for  consulta- 
tion I  received  good  counsel. 

But  he  is  no  more  ;  there  is,  as  has  just  been  said,  a  vacant  chair  amonfj;  us  which 
S&u  never  be  tilled  wltiiin  any  of  our  lifetimes.  The  least  I  can  say  is  that  I  have  lost 
a  friend  whose  place  earth  can  never  supply  ;  that  no  matter  how  aged  1  may  come  to 
be,  1  shall  look  back,  to  my  connection  with  him  as  one  of  the  greenest  spots  in  the  vis- 
ta of  my  life,  and  one  which  I  can  never  hope  to  find  repeated. 

REMARKS  OF  A.  P.  CHILDS,  ESQ. 

Your  Honors  : — In  the  sorrow  that  pervades  the  hearts  of  the  bar  and  which  invades 
the  homes  and  hearts  of  theen.ire  community,  is  Letokened  a  deep  and  enduring  sense 
of  personal  loss  and  bereavement,  seldom  so  universally  felt  by  the  people.  Were 
the  one  whom  we  so  deeply  lament  not  my  friend — the  friend  of  humanity — I  wou  (I 
refrain  from  placing  my  humble  tribute  upon  his  bier. 

I  knew  Abraham  B.  Gardner  well  and  intimately,  and  during  the  past  ten  years  I  was 
at  his  fireside  nearly  every  week,  and  during  all  our  cordial  relations  I  never  knew  him 
to  suggest  an  unworthy  thought  or  act.  We  have  met  amid  the  scenes  of  sorrow  and 
joy,  sickness  and  health,  and  1  mourn  his  untimely  death  as  a  separation  from  a  con- 
stant, sincere  and  devoted  friend.  It  is  difficult  to  measure  in  words  the  perfect  and 
complete  stature  of  such  a  chiracter  as  the  departed.  Young  men  like  myself,  per- 
liaps,  are  apt  to  render  the  tribute  impelled  by  the  bestowal  of  favors  from  their  sen- 
iors, rather  than  to  accord  careful  and  just  estimate  of  character  ;  but  there  need  be  no 
fear  of  over-praise  in  honormg  the  memory  of  our  fallen  brother. 

He  was  an  unselfish  man  :  as  far  above  duplicity  as  are  the  heavens  above  the  earth, 
while  his  character  and  life  was  as  remote  from  hypocrisy  as  are  foreign  climes  from 
our  own  country.  His  wonderful  fertility  of  thought  and  breadth  of  mind  caused  him 
ever  to  take  broad  and  conservative  views  of  men  and  affairs.  His  life  was  replete 
with  all  that  is  faithful,  true  and  ennobling,  while  liis  generosity  and  sobriety  were 
prominent  attributes  of  his  exalted  demeanor.  No  one  in  need  or  distress  ever  found  a 
braver  or  truer  champion,  a  wiser  or  better  counsellor  and  friend.  He  ever  extended 
the  hand  of  aid  and  fellowship  to  his  juniors  at  the  bar,  ever  encouraged,  never  ob- 
structed their  progress.  The  multitude  of  sorrows  that  came  to  his  own  family  and 
home  mellowed  his  tender  heart  to  pity  II  in  affliction,  causing  manly  tears  and  worthy 
deeds  of  love  and  sympathy.  But  this  man  of  great  worth  and  ability  has  gone  in  the 
very  zenith  of  his  honor  and  fame,  leaving  us  in  sadness  and  mourning.  He  did  not 
fear  death,  though  long  forewarned  of  the  approach  of  the  grim  messenger,  his  great, 
though  gentle  spirit,  was  calm  and  impprturhed.  The  flowers  of  praise  which  we  scatter 
above  his  bier  will  wither,  and  fade,  and  die,  but  the  fragrance  of  his  memory,  his  man- 
ly, dignified  bearing,  his  illustrious  example  will  survive  long  years  after  the  lips  and 
heart.s  that  now  bespeak  his  worth  are  as  mute  as  his  whom  we  so  deeply  lament. 

REMARKS  OF  HON.  LOVELAND  MUNSON. 
FourJE^onora.-— It  so  liaj)pe  ed  th  it  a  short  time  before  Mr.  G.irdner  died  I  rode 
with  him  from  Pownal  across  tlie  hillsto  Bennington.  Our  road  led  through  a. sect i  >n 
en  irely  new  to  me,  but  familiar  to  Mr.  Gardner  from  his  earliest  years.  An  in- 
quiry or  two  of  mine  soon  directed  bis  attention  to  surrounding  obj^'Cts,  and  dur- 
ini:  (he  whole  ride  his  conversation  was  full  of  pleasant  reminiscencfs,  family  an- 
ecdote.s  and  scraps  of  local  hii^toiy.  He  pointed  out  to  to  me  tlie  house  where  he 
was  b  Tn,  the  field-  familiar  to  hi'u  in  childhood,  the  tree,  now  urrown  to  lar^e  pro- 


22 

portions,  which  when  a  boy  he  carried  on  his  shouhler  to  the  place  of  it^  trans- 
l>laMting.  He  showed  me  the  p'aces  where  he  liad  b^en  a  frequent  and  delighted 
visitor  in  his  boyhood,  and  told  of  the  people  wh  i  lived  and  labor t-d  there  a  half 
century  ago.  H,  as  present  information  leads  me  to  believe  may  have  been  the 
case,  he  was  thus  leviewiiig  "he  scenes  and  associations  of  early  life  under  a  con- 
viction that  his  e  trthly  career  Wiis  near  its  end,  it  was  done  so  ch^  erfuUv  and  un- 
reservedly that  I  had  no  susp'cion  "f  the  fac'.  Subdued  and  tender  in  tone 
but  entirely  free  from  aiy  tinge  of  sa'lnes<  or  regret,  it  seemed  to  me  only 
the  natural  expression  of  one  who  had  carried  a  youthful  heart  into  the  fulness  of 
years,  and  retained  in  the  i  lianged  relations  of  a  hnsy  and  successful  life,  a  strong 
affection  for  his  early  friends  ■,^ud  ids  native  town.  I  esteem  niyselt  fortunate  that 
among  the  latest  recoUe'tions  of  our  deceased  brother,  I  have  the  memory  of  an 
occasion  free  from  the  deman'ls  of  biisines«,  where  he  was  simply  the  genial  friend 
and  companion — kindl5%  charital)'e  and  ope  -hearted.  A  few  days  Inter  his  ca- 
reer of  activiiy  was  brou'jht  t  >  a  su.  deii  and,  as  it  seemed  to  me,  untimely  end. 
But  in  the  yeus  of  life  allotted  him  how  much  there  was  of  kindly  a  sist<nce,  of 
manly  endeavor,  of  professioiiHl  duty,  faithfully  and  honestly  p-rformed.  Those 
who  have  met  him  only  in  the  contests  of  public  and  professional  lif  ■  can  bring  to 
this  occassion  no  other  feelings  than  ihose  of  fiiendship  and  respect,  while  those 
who  have  known  him  in  the  more  intimat'^  relations  of  private  life,  will  lorg  re- 
member his  social  virtues  and  kindly  deeds.  Surely  of  him  it  may  be  said  : 
■'His  life  was  gentle;  and  the  elements 
So  mixed  in  him,  that  nature  miyrht  stand  up  • 
And  say  to  all  tl.e  world  :  'This  was  a  man  !'  " 

REMARKS  BY  WM.  B.   SHELDON,  ESQ. 

Your  Honors  : — I  heartily  concur  in  the  sentiment  of  the  resolutions  which  have 
been  read,  the  numerous  obituary  notices  which  have  been  published  in  Uie  newspa- 
pers, the  tender  and  eloquent  eulogies  which  have  been  pronounced  by  his  associate 
members  of  the  bar  in  honor  of  our  lamented  brother,  all  of  which  seem  to  me  to  do 
but  imperfect  justice  to  his  rare  attainments  in  the  profession  which  he  loved  and  hon- 
ored, and  to  his  exalted  qualities  of  mind  and  heart  which  have  taken  strong  hold  upon 
the  aflfections  of  our  brotherhood  and  upon  the  community  at  large. 

It  is  more  fitting  that  the  senior  members  of  the  bar  who  have  known  him  longest, 
and  consequently  best,  should,  as  they  have,  speak  most  at  length  of  the  life  and  char- 
acter of  him  whose  death  is  to  each  of  us  a  great  and  irreparable  loss.  Every  member 
of  the  bar  is  compelled  to  say  in  sorrow,  I  have  lost  a  friend,  and  in  the  breast  of  each 
there  is  welling  up  a  tribute  to  his  memory,  more  tender,  more  beautiful  than  we  can 
express.  Nearly  ten  years  ago  I  came  a  stranger  to  Bennington  to  embark  in  my 
chosen  profession,  and  from  that  time  until  his  death  Mr.  Gardner  was  to  me  a  most 
valued  and  constant  friend  ;  to  him  I  was  accustomed  to  go  for  such  information  and 
advice  as  young  lawyers  are  apt  to  need,  which  he  always  gave  most  cheerfully  and 
with  such  apparent  generous  interest  in  my  welfare  and  success  that  I  was  made  to  feel 
that  in  difficulty  I  could  unhesitatingly  go  to  him  for  aid.  It  was  upon  his  own  volun- 
tary suggestion  and  recommendation  that  I  was  admitted  to  the  higher  courts  To 
him  my  debt  of  gratitude  is  very  great  and  not  soon  to  be  forgotten.  How  well  I  re- 
member not  long  since  asking  of  him  a  professional  favor;  his  answer  was,  '"Sheldon, 
did  I  ever  refuse  to  do  anything  you  asked  me  to  T'  compelled  to  answer  no;  he 
said,  "that  answers  your  question." 

In  his  last  professional  act  which  came  to  my  knowledge,  (I  speak  of  it  because  char- 


23 

acteristic  of  him,  and  fitly  illustratiug  that  exalted  sense  of  honor  which  waa  the  guid- 
ins  star  of  his  professional  life),  we  represented  opposing  interests,  and  Brother  Batch- 
elder  represented  still  another  interest  ;  larire  sums  of  money  were  involved  ;  dififerences 
of  opinion  arose  whicii  it  seemed  would  inevitably  lead  to  protracted  and  expensive 
litigation,  most  damaging  to  the  interests  of  my  clients.  Mr.  Gardner  proposed  a  con- 
ference of  counsel  at  which  he  urged  with  great  force  and  earnestness  the  desirableness 
of  coming  to  a  conjmon  understanding  and  agreement  in  the  matter.  His  aim  was 
that  justice  be  done  and  that  speedily.  Of  him  may  it  be  truly  said,  he  was  never 
jealous  of  the;  success  of  his  contemporaries. 

'•Though  dead  he  spcaketh,"  and  the  impressive  dignity  and  consistency  of  his 
demeanor  in  the  daily  walks  of  his  professional  life,  has,  and  will  for  long  years 
to  come,  intensified  the  august  solemnity  which  pervades  the  atmosphere  of  our 
courts  of  justice ;  kis  living  example  is  left  a  priceless  legacy  to  the  bench,  the  bar 
and  the  people. 

REMARKS  OF  HON.  E.  L.  SIBLEY. 

May  it  pit' I  se  Ike  Court:  -As  nearly  the  youngest  member  of  this  bar,  it  is  well  that 
I  tcK)  should  cast  a  flower  upon  the  bit  r  of  Governor  Gardner.  During  my  early  con- 
nection with  the  court  below,  my  youth  and  inexperience  made  it  often  necessjiry  for 
me  to  seek  the  counsel  of  those  older  and  more  learned  in  the  law.  Upon  many  such 
occasions  I  went  to  Mr.  Gardner.  By  him  I  was  always  kindly  received  and  advised  ; 
and  there  was  no  person  upon  whose  counsel  I  relied  with  more  confidence  and  certain- 
ty in  the  result.  Living  the  greater  portion  ot  my  life  in  the  same  village  with  him, 
his  Kindness  to  me,  while  yet  a  mere  child,had  won  fro.u  me  a  reverence  and  regard  for 
him  which  increased  with  my  years  and  was  retained  by  him  until  the  day  of  his  death. 
I  shall  remember  Governor  Gardner,  not  as  I  saw  him  a  few  -lays  before  his  death  at  my 
office,  not  as  I  saw  him  lay  in  his  coflin,  but  as  I  have  seen  him  for  many  years  past 
walking  from  his  house  to  his  office,  grand  in  personal  carriage  and  bearing.  I  shall  re- 
member him  for  his  kindness  and  grandeur,  as  a  man  among  men. 

REMARKS  OF  THOS.  E.  BROWNELL,  ESQ. 
Tour  Honors: — The  fact  that  Mr.  Gardner  was  a  native  of  Pownal  makes  it  fitting 
for  me  to  say  a  word  o-  this  occasion.  I  cannot  testify  to  the  same  personal  intimacy 
that  others  have  done  who  have  already  spoken.  My  remarks,  therefore,  will  have  ref- 
erence to  what  others  relate  of  him  who  knew  him  when  he  was  a  young  man. 
•  After  his  admission  to  the  bar  he  practiced  law  in  Pownal.  At  that  day  debating  so- 
cieties were  the  only  literary  entertainments  afforded  the  people  besides  the  church  and 
possibly  a  law  suit  Mr.  Gardner  interested  hniiself  in  furnishing  his  native  town  with 
such  an  institution.  Those  who  knew  him  at  that  period  testify  now  to  the  dignity  of 
bis  manner  then,  lie  never  engaged  in  debate  unprepared,  and  his  arguments  were  full 
of  facts  and  straight  to  the  point  An  entertainment  never  lost  character  for  dignity 
and  propriety  when  he  was  present. 

So,  also,  after  he  had  moved  to  Bennington  and  was  elected  state's  attorney,  the  con- 
dition of  Pownal  frequently  required  him  o  discharge  the  duties  diHtinctive  of  that  of- 
fice And  he  is  remembered  iiow  on  account  of  the  manly  efficient  manner  in  which  he 
performed  the  requirements  of  his  station  No  one  ever  suspected  him  of  trifling  with 
offenders.  Atterwards,  when  he  identified  himself  more  prominently  with  the  politics 
of  his  section  he  refused  the  office  of  states  attorney,  although  it  was  urged  upon 
him  by  the  friends  who  trusted  his  integrity,  because  the  temptations  were  too  many  in 
connection  with  that  public  trust  for  a  successful  politician  to  risk.     I  relate  these  inci- 


24 

dents,  selected  from  among  many  others  of  like  import  which  might  be  produced,  to  il- 
lustrate how  early  in  life  the  honorable  and  manly  traits  of  his  character  shaped  his  ev- 
ery action. 

REMARKS  OF  HON.  JOHN  V.  HALL. 

Four  Hon)rs. — The  words  which  I  shall  speak  will  be  few,  but  I  cannot  oermit  this 
occasion  to  pass  without  expressing  the  love  and  reverence  I  had  for  our  deceased  broth- 
er during  his  life,  and  which  I  ^hall  ever  retain  for  his  memory. 

For  the  last  few  years  our  relations  had  been  of  the  closest  kind,  and  it  is  a  pleasure 
and  satisfaction  to  me  that  I  was  permitted  to  call  him  by  the  sacred  name  of  friend. 
Of  his  character  and  success  as  a  lawyer  and  public  man  I  need  say  nothing. 

I  only  desire  to  give  utterence  to  what  I  believe  is  the  expression  of  the  feeling  of  us 
all,  that  as  a  man  oi  generous  sympathies  and  sound  common  sense,  as  a  good  citizen, 
as  a  faithful  friend,  and  in  all  the  isterling  qualities  which  go  to  make  up  a  strong  char- 
acter, he  had  no  superior;  and  alLhough  his  circle  of  acquaintances  was  large,  and  ex- 
tended beyond  the  limits  of  any  State,  and  although  he  was  widely  and  favorably  known 
and  loved,  yet,  here,  where  he  was  best  known  and  where  he  passed  the  years  of  his 
business  life,  he  will  be  most  sincerely  lamented  and  deeply  mourned. 

REMARKS  OF  H.  N.  HIX,  ESQ., 

To  the  Honorable  Court  and  Brethren  of  the  Profession. — We  stop  for  a  short  time 
the  business  career  of  this  session  of  the  court,  to  pay  a  tribute  of  respect  to  the  mem- 
ory of  our  deceased  brother,  A.  B.  Gardner.  I  have  known  Bro.  Oardner  for  the  last 
twenty  five  years.  He  was  an  ai)le  lawyer  and  an  exemplarj'  citizen.  He  was  a  clean- 
hearted  man. 

His  example  is  worthy  of  the  imitation  of  ail  the  members  of  tie  bar,  especi  illy  of 
the  younger  members.  We,  the  older  membens,  have  alreadj^  made  our  record,  and 
soon  shall  be  gathered  to  our  departed  brother.  We  are  admonished  by  the  sudden 
decease  of  our  late  brother  that  we,  too,  are  all  passing  away,  and  soon  it  will  be  said 
of  us,  that  the  places  which  we  now  occupy  at  thi ;  bar  are  vacant.  May  we  consider 
these  things  as  we  ought. 

REMARKS  OF  HON.  RANNEY  HOWARD. 

May  it  please  the  Court  :—\  arise  to  second  the  resolutions  under  consideration, 
and  will  say  I  heartily  concur  in  the  sentiments  and  facts  which  they  express.  When  I 
learned  of  the  death  of  Hon.  A.  B.  Gardner  my  heart  was  filled  with  sorrow  ;  I  felt 
that  the  bar,  of  which  he  was  a  member,  had  lost  one  of  its  most  able  and  distinguished 
representati'^es  ;   his  town,  county  and  state  a  worthy  citizen. 

I  had  not  the  good  fortune  to  be  as  intimate  with  him  as  others  who  have  spoken,  yet 
I  knew  him  well  as  a  lawyer  and  a  man  of  i)iisiness.  T  came  into  this  county  21  years 
ago  and  commenced  the  practice  of  law.  1  met  with  those  difficulties  which  every 
young  lawyer  experiences,  and  to  steer  clear  of  the  breakers,  I  sought  the  advice  and 
counsel  of  my  superiors,  and  I  soon  learned  that  the  now  honored  dead  was  one  of  the 
best  lawyers  at  the  bar,  and  one  who  sympathized  with  and  was  always  ready  to  help 
his  inexperienced  brethren,  and  I  ever  felt  at  libeity  to  apply  to  him  for  such  counsel 
and  advice  as  I  needed,  nn(\  he  would  listen  with  such  patience  and  courtesy  that  it 
made  me  feel  that  he  had  a  kind  and  generous  heart. 

I  have  often  seen  him  enter  this  court,  and  the  bar  at  Manchester,  pass  from 
chair  to  chair  in  the  most  cordial  manner,  shake  hands  with  each  occupant,  and  never 
passing  the  humblest  without  a  friendly  recognition.     Young   lawyers  appreciate  such 


25 

kindness  and  generous  bearing  toward  tlieni ;  they  feel  it  an  honor  as  it  really  is,  to  be 
recognized  as  brethren  by  such  men.  I  then  esteemed  it  an  honor  and  have  ever  since 
to  be  so  recognized  by  him.  I  soon  learned  to  look  up  to  brother  Gardner  as  one  of 
the  honored  fathers  in  his  profession  ;  but  the  best  thing  I  can  say  of  him  is  not  tiiat  he 
was  a  great  and  good  lawyer,  but  that  lie  was  a  man  in  the  highest  sense  of  the  word 

He  is  gone  :  buried  ou*  of  sight ;  yet  he  lives  and  ever  will  live  in  our  esteem  and  af- 
fections and  memory  of  the  good  people  of  his  town,  county  and  state,  whom  he  de- 
lighted to  serve,  and  who  in  return  delighted  to  honor  him.     Peace,  peace  to  his  ashes. 

REMARKS  OF  A.  S.  KEYES,  ESQ. 

If  Ih'i  Court  pleas"- :  —I  feel  how  inadequate  and  empty  are  words  to  express  the 
loss  we  all  feel  in  the  sudden  death  of  our  brother,  A.  B.  Gardner,  a  man  whom  we  re- 
spected and  revered.  We  remember  him  as  an  exemplary  and  able  man,  and  "take  him 
for  all  in  all  we  shall  not  look  upon  his  like  again."  Asa  lawyer  he  stood  in  the  front 
rank  of  his  pnjfession,  and  was  noted  for  his  fidelity  to  his  clients.  He  loved  his  pro- 
fessiuu,  and  as  he  received  great  honor  and  profit  therefrom,  he  ever  sought  in  return  to 
dignity  and  honor  it. 

How  well  I  remember  in  my  youthful  days  the  first  time  I  ever  heard  him  argue  a 
cause  before  a  jury.  It  was  in  an  important  trial  at  the  old  court  house  in  Bennington 
Centre.  His  eloquence,  his  clear  and  forcible  manner  of  speaking,  his  towering  form, 
all  made  up  a  picture  as  impressive  and  commanding  as  that  of  a  Roman  senator  in 
Rome's  proudest  days,  and  as  I  listened  to  him  on  that  occasion  my  boyi3h  mind  became 
enthused  with  the  ambition  to  become  a  man  like  him.  It  was  through  his  advice  that 
I  began  the  study  of  the  law.  The  genial  c ouotenance  of  Gov.  Gardner  will  greet  us 
no  more  ;  he  has  passed  away  to  "that  land  from  whose  bourne  no  traveller  returns," 
and  his  death  has  left  an  aching  void  in  our  midst  which  will  never  be  filled. 

REMARKS  OF  HON.  G.  W.  HARMAN,  CHAIRMAN. 

May  it  please  the  Court:— Aher  wliat  has  been  said  by  the  members  of  Hie  bar,  I 
thitik  I  can  safely  state  that  ihese  ri'solutions  have  been  adopted  and  I  hope  itvrill 
be  ordered  that  they  be  spread  upon  the  r.  cords  of  the  court,  and  that  when  it  meets 
tiie  plesHure  of  your  Homrs,  the  court  will,  in  consideration  of  our  bereavement, 
adjourn  until  to-morrow  morning. 

REMARKS  OF  HON.  W.  G.  VEAZEY,  PRESIDING  JUDGE  OF  THE  COURT. 

Tiie  court  heartily  concurs  in  the  language  and  sentiment  of  these  resolutions, 
and  -dso  in  all  of  the  remarks  that  have  been  so  well  made  here  i'l  respect  to  our 
late  brother  Gardner.  My  acquaintance  with  him  extends  back  over  nearly  my 
whole  professional  career,  now  more  than  fifteen — nearly  twenty — years;  but  it 
was  not  .so  intimate  as  yours  has  been.  It  was,  however,  Tamiliar  enough  to  enable 
me  to  discover  in  him  the  most  pterling  qualities  as  a  man,  and  eminent  abilities 
as  a  lawyer. 

When  death  removes  such  a  man  and  lawyer  from  any  community,  it  produces  a  loss 
that  can  hardly  be  measured ;  but  w^hen  it  comes  into  a  bar,  which  is  not  a  large  gath- 
ering, and  takes  from  it  one  o'  its  most  infiuential  and  beloved  members,  it  is  more  than 
a  loss,  it  is  a  deep  bereavement. 

Our  brotherhood  is  not  a  large  one.  It  is  a  brotherhood,  so  to  speak,  of  contention 
— of  a  manly,  vigorous  struggle  between  each  other;  but  I  am  most  happy  to  say  that 
it  is  one  wherein  are  formed  the  strongest  friendships  that  can  be  found  outside  of  the 
family  circle. 


26 

From  what  I  have  seen  of  Gov.  Gardner!  doubt  if  there  ever  was  a  man  anywhere 
for  whom  the  members  of  the  bar  had  a  deeper  and  more  sincere  friendship  than  they 
had  for  him. 

If  we  shall  pay  due  regard  to  these  sorrowful  epochs,  when  death  breaks  into  our 
ranks  bv  the  removal  of  one  after  another,  then  the  lesson  of  their  lives  and  examples 
will  not  be  lost  upon  us. 

It  is  with  the  deepest  sorrrow,  and  with  the  most  profound  respect  for  the  memory  of 
Gov.  Gardner,  that  the  court  will  order  these  resolutions  spread  upon  the  records  of  the 
court  and  a  copy  to  be  sent  to  his  family  under  the  seal  of  the  court.  And  in  further 
consideration  of  his  memory  the  court  will  now  take  a  recess  until  nine  o'clock  to-mor- 
row morning. 

o 

The  following  tributes  were  handed  the  Court  by  thost^  not  present  and  speaking 
and  speaking  at  the  memorial  ceremonies  : 

TRIBUTE  OF  HON.  A.  L.  MINER. 
May  it  please  the  Court  and   Oentlemen  of  the  Bar:— It  is  a  very  willing  duty 
that  I  perform  in  saying  a  few  words  upon  these  resolutions.     My   acquaintance    with 
our   deceased   brother  Gardner  has  been  long  and   familiar ;  a  g."eat  portion  of  the 
time  that  of  extreme  intimacy.     We  have   been  associated  in  the  trial  of  many  cases, 
and  have  often  been  on  opposite  sides.     I   have  very  frequently  appeared  as  counsel 
before  him,  when  he  was  acting  as  referee  or  auditor,  and  our  positions  have  quite  as 
often  been  reversed,  he  being  the  counsellor  and  myself  trying  the  case.     This  relation 
has  continued  from  the  time  he  came  to  this  bar  up  to  this  present  session,  covering  a 
space  of  more   than   thirty   years.     We  have  also  been  connected  with  our  Legislature 
for  three  sessions,   during  one  of  which  we  occupied  the  same  room.     During  all  this 
long  and  close  acquaintance  I  have  found  him  to  be  a  just  and  safe  counsellor,  an  able 
advocate,  a  high-minded  and  honorable  lawyer,  and  above  all  an  honest  man.     I  deep- 
ly feel   and  mourn  his  death.      Not  only   this   bar,    but  this  town   and   county  and 
state  have  lost  a  bright  ornament.     We  are  no  more  to  witness  his  manly  form,  his  open 
countenance,  and  his  pleasing  and  instructive   conversation.     Nearly  forty-seven  years 
have  passed  since  I  became  a  member  of  this  bar.     There   was  then   a  bright  array  of 
attorneys  here,  the  greater  part  of  them  being   comparatively  young  men.     The  law- 
yers in  this  county  who  were  then  in  practice  were  Judge   Bennett   and  Leonard  Sar- 
geant  of  Manchester;  Harmon  Canfield  of  Arlington  ;  David  Robinson,  John  S.    Rob- 
inson, Pierpoint  Tsham  ;  U  M.  Robinson,  Henry  Kellogg,  Samuel  H.  Blackmer,  A.  P. 
Lyman,  and  Wm.  S.  Southworth,  all  in  this  town.     A   brilliant  cluster  of  names,  but 
with  one  exception  they  have  all  passed  that  portal  which  opens  into  the  unseen  world. 
Yes,  death  has  often  entered  our  ranks  and  chosen    many  shining  marks;  but  perhaps 
the  shaft  has  never  fallen  upon  one  who  was  more  esteemed,    or  whose  loss  was   more 
deeply  felt  than  our  lamented  brother  who  has  just  fallen.     I  would  gladly  offer  a  word 
of  consolation  to  the  heart  stricken  widow  and  family.     They  have  many  consolations 
in  their  deep  bereavement.     A  loved   and   honored   husband  and  father  died  at  home, 
surrounded  by  his  kindred  and  many,    very    many,  friends.     Their  own  loving  hands 
held  his  dying  head,  and  smoothed  his  dying  pillow      Let  us  commend    them   to   the 
teachings  of  Him,  who  alone  can  heal  the  cleft  heart,  and  who  is  the  widow's  God  and 
the  orphan's  father. 

TRIBUTE  OF  A.  M.  HULING,  ESQ. 
May  it  please  Tou  •  Honors : — It  is  death,  the  sudden  death  of  our  brother  Abraham 


27 

B.  Gardner,  that  calls  us  together  at  this  time.     I  esteem  it  a  pleafure  as  well  as  duty  to 
aay  a  few  words  in  memory  of  the  deceased. 

Forty-four  years  ago  this  wmter  we  were  school-mates  at  the  Union  Academy  at  East 
Bennington  (thns  called),  and  now  the  village  of  Bennington,  and  from  that  time  to  the 
day  of  bis  deatli  we  had  been  intimately  acquainted  with  each  other,  living  to- 
gether the  uiost  of  the  time  in  Bennington  Centre  in  the  same  neighborhood, 
almost  in  speaking  distance  of  each  other.  During;  this  long  period  the  deceased  lived 
an  exemplary  life,  and  while  volumes  could  i)e  spoken  in  his  favor,  not  one  word  could 
be  said  against  him. 

When  at  the  Union  Academy  he  was  but  a  youth  eighteen  years  of  age,  yet  he 
was  dignified  and  manly  in  his  address,  of  great  self-respect,  exceedingly  ambi- 
tious, of  good  habits,  good  moral  character,  good  native  talents  and  abilities,  and  a 
thorough  scholar,  thus  winning  for  himself  the  respect,  good  repute  and  admiration, 
not  only  of  his  schoolmates,  but  of  all  others  of  his  acquaintances. 

Since  then,  through  his  long  and  eventful  life,  whether  as  Speaker  of  the  House  of 
Representatives,  or  moderator  in  a  town  or  school  district  meeting,  or  advocate  before 
court  and  jury,  or  at  any  other  place  where  he  may  have  been  called  to  preside,  he 
has  at  all  times  maintained  those  distinguishing  traits  of  character,  not  in  the  least 
impaired  by  years. 

In  reference  to  tlie  resolutions!  would  say,  I  heartily  approve  of  ail  in  them  contained, 
as  veil  also  the  apt  and  appropriate  remarks  of  the  several  members  of  the  bar  on  the 
same.  If  1  would,  time  and  space  will  not  permit  me  to  eulogize  the  virtues  of  our  de- 
ceased brother.     All  that  knew  him  well  can  but  speak  his  praise 

His  eventful  life  haf  not  at  all  times  been  as  bright  and  happy,  as  some  supposed. 
There  was  a  time  in  his  life  when  death  removed  from  him  the  wite  of  his  earliest  af- 
fictioDS,  his  second  wife  also,  and  children  one  after  another.  It  was  at  these  times, 
at  these  visitations  of  Providence,  that  many  gloomy  days  of  sadness  and  sorrow  were 
upon  him.  The  deceased  has  done  well  his  part  among  his  fellow  men,  and  if  he  did 
not  reach  all  the  high  places  for  which  he  way  have  aspired,  it  can  be  truly  said  by  all 
tliat  knew  him  that  his  life  was  a  success,  and  in  his  death  the  community  has  sustain- 
ed an  irreparable  lo8<. 

'JRIBUTE  OF  HON    A.  P.  LYMAN. 

Though  the  infirmities  of  years  sternlv  admonish  me  that  I  cannot  convene  with 
the  court  and  bar  upon  the  solemn  occasion  that  suggests  your  assembhng,  I  cannot  re- 
frain from  offering  a  rew  words  of  sincere  admiration  and  respect  for  the  memory  of 
Mr.  Gardner,  now  so  deeply  and  justly  lamented.  I  most  cordially  concur  in  the  eu- 
logies which  this  honor-^.ble  court,  the  bar,  and  press  has  pronounced.  No  words  of 
tribute,  or  symbols  of  mourning,  can  fully  portray  the  magnitude  of  this  sad  bereave- 
ment to  his  family,  his  associates,  or  the  public  at  large,  to  all  of  whom  he  was  en- 
deared by  the  mo.st  tender  ties  of  affection  and  regard.  W.th  the  exception  of  ex-Gov. 
Hall  I  am  the  oldest  member  of  the  bar  of  this  county,  though  Mr.  Miner  is  my  senior 
in  years. 

It  is  due  to  the  memory  of  our  fellow  citizen  and  brother  to  say  that  during  all  of  my 
long  practice  at  the  bar  with  Mr.  Gardner,  no  re'ations  save  those  of  uniform  friend- 
ship and  courtesy  have  ever  existed.  We  were  frequently  arrayed  in  opposition,  and 
as  often  in  accord,  but  in  all  our  legal  battles  our  friendly  personal  relations  were  never 
disturbed.  His  ability,  assiduity,  fidelity  and  integrity  remain  an  honored  example  and 
legacy  to  his  survivors.     An  honest  cause  ever  found  in  him  an  earnest,  able  and  fear- 


28 

less  defender.  He  has  departed  and  left  behind  an  enduring  monument.  The  unwel- 
come summons  that  called  him  hence  will  soon  still  further  thin  our  ranks.  May  the 
fragrance  of  his  life  and  example  long  impart  a  benign  influence  to  those  who  fol- 
low in  the  pathway  of  a  profession  that  he  never  dishonored,  and  leave  a  lasting  im- 
press upon  the  community. 

TRIBUTE  OF  JAMES  B.  MEACHAM,  ESQ. 

Brother  Gardner  was  a  lawyer  highly  esteemed  by  me.  He  was  one  of  the  commit- 
tee in  connection  with  the  late  Governor  John  S.  Robinsou  that  examined  me  for  ad- 
mission to  the  bar,  and  in  questioning  me  in  the  text-books  at  that  time,  though  but  par- 
tially acquainted  with  him,  I  then  formed  my  opinion  of  him  that  he  was  well  versed 
in  the  rudiments  of  law,  andbeing  so  well  veised  in  them  he  must  be  a  lawyer  of  high 
standing  among  his  brethren  at  the  bar.  And  after  my  admission  to  the  bar,  if  I  wished 
to  counsel  with  any  one  in  regard  to  any  matters  of  law,  I  would  call  on  him,  and  if  he 
could  give  me  any  information  without  detriment  to  his  clients,  he  was  always  willing 
and  freely  gave  it  to  me,  and  told  me  to  call  on  him  at  any  time,  and  if  he  was  not  on 
the  other  side  he  would  impart  it  to  me.  But  now  he  has  gone  and  the  places  that 
once  knew  him  will  know  him  no  more  forever.  I  miss  him  at  his  office  and  in  the 
street,  and  I  miss  him  at  the  present  term  of  court.  He  was  always  prompt  in  attend- 
ance upon  court  and  looking  after  the  interests  of  his  clients  which  were  many ;  he  was  al- 
ways prompt  at  the  time  and  place  where  he  made  his  engagements.  When  I  saw  him 
the  last  time,  which  was  but  a  few  days  previous  to  his  last  sickness,  he  appeared  to  me 
to  be  in  good  health,  and  I  little  th<mght  at  the  time  that  in  a  few  days  we  should  be 
called  upon  to  mourn  his  death. 

TRIBUTE  OF  JOSEPH  G.  MARTIN,  ESQ. 

May  it  please  this  Honorable  Court. — When  I  became  acquainted  with  our  distin- 
guished Brother  Gardner,  to  whose  memory  the  eloquent  tributes  of  my  learned  brethren 
have  been  paid,  he  was  walking  in  the  full  heighth  of  his  career,  in  that  elevated  posi- 
tion in  his  professsion  which  has  been  vividly  portrayed  to  you.  For  seven  years  it  has 
been  my  pleasure  to  meet  him  within  and  without  the  courts  of  justice,  and  I  am 
pleased  to  say  that  his  commanding  presence,  his  polished  manners  made  him  capable 
of  adorning  the  best  circles  in  our  great  and  proud  R  ipublic.  Tuough  I  was 
not  as  intimately  acquainted  with  him  as  many  of  the  members  of  this  bar,  vet  the 
tidings  of  his  death  filled  my  heart  with  profound  sorrow  to  know  that  another  pillar 
of  strength  had  been  removed  from  among  us  and  gathered  to  yonder  churchyard, 
where  buried  lies  the  dead.  It  seemed  for  a  moaient  that  this  bar  had  been  robbed  of 
a  resplendant  ornament,  but  upon  maturer  reflection  I  know  that  it  is  declared  that  the 
great  over-ruling  Power  who  gives,  has  a  right  to  take  away  in  his  owa  good  ti  ue  and 
manner.  It  is  far  from  my  sphere  then  to  question  the  Immaculate  authority  upon 
whom  we  all  depend  for  that  life  and  strength  whic'.i  enables  us  to  eulogize  our  brother. 
Doubtless  my  aged  brethren  feel  that  their  loss  is  greater  than  mine.  This  may  be 
true  in  a  temporary  sense,  but  in  experience  they  were  his  equals,  and  some  perhaps  his 
superiors.  The  rich  stores  of  wisdom  which  he  had  accumulated  by  that  experience 
could  benefit  them  little,  and  that  little  not  long,  while  we  younger  men,  in  order  to 
fill  the  ranks  made  vacant  by  the  relentless  visitation  of  death,  must  seek  instruction 
from  the  fathomless  depths  of  legal  codes  and  gather  wisdom  from  our  seniors.  We 
have  now  one  the  less  great  source  or  fountain  head  from  whom  we  are  to  gain  that 
rich  store  of  human  knowledge  of  which  he  became  possessed  by  sixty  two  years  of 
contests  in  the  battle  of  life.     It  burdens  our  souls  with  grief  to  realize  that  in  one  mo- 


20 

infnt  Mr.  Gardner  Ims  gone  from  among  men  forever.  We  take  pleasure  in  assuring 
his  stricken  family  that  he  was  entleareii  to  us  by  such  ties  of  love  and  admiration  that 
his  exemplary  life  will  be  cherished  and  freshly  remembered  until  this  generation  of 
lawyers  shall  like  him  have  passed  away.  It  is  a  consolation  to  know  that  during  his 
last  sickness  he  was  at  home  with  his  family  who  did  everything  which  mortals  could 
suggest  to  alleviate  his  suffering  and  mitigate  his  pain.  In  conclusioa  I  will  say  in  the 
language  of  the  poet, 

Farewell,    gallant  lawyer, 
Thou  art  buried  in  light; 

God  speed  thee  to  Heaven, 
Lost  star  of  our  uight. 

TRIBUTE  OF  JOSEPH  E.  FENN,  State's  Attorney. 

M ly  it  please  your  Honors  : — Being  one  of  the  junior  members  of  this  bar  and 
having  lived  at  some  distance  from  the  home  of  our  departed  friend  and  brother,  I  have 
been  associated  but  little  with  him  whose  memory  we  so  willingly  seek  to  honor.  But 
three  short  years  are  enough  and  more  than  en  )ugh  to  learn  much  of  a  man  like  Mr. 
Gardner.  One  needed  but  little  association  with  him  to  learn  that  he  was  a  pure  and 
good  man.  His  friendly  greeting,  his  laugh,  the  warm  grasp  of  the  hand  gave  evidence 
of  the  kind  heart  within.  His  laige  clientage  for  many  years  stamped  him  -is  a  suc- 
cessful lawyer.  The  esteem  and  respect  in  which  he  was  held  by  all  who  had  known 
him  long  and  intimately  is  ample  proof  of  his  honesty  and  integrity.  Bennington 
county  bar  has  lost  a  successful  lawyer;  but  not  as  a  lawyer  only  will  he  be  missed  from 
our  number  so  much  as  because  from  our  midst  has  departed  forevera  genial  com- 
panion, a  valued  friend,  an  honest  man.  However  high  his  attainments  at  the  bar  may 
have  been,  the  best  legacy  he  has  left  us  is  his  noble  manhood.  His  life  has  been  a 
marked  success  and  all  mourn  and  deplore  his  loss. 

TRIBUTE  OF  CHARLES  S.  CHASE,  ESQ. 

If  the  Court  please. — Although  not  a  member  of  this  bar,  yet  my  connection  with 
this  court  the  past  three  years,  has  brought  me  into  a  quite  intimate  business  acquaint- 
ance with  Gov.  Gardner,  and  if  "from  the  fullness  of  the  heart,  the  mouth  speaketh," 
I  also  may  be  allowed  to  testify  to  my  appreciation  of  his  great  worth,  and  especially 
to  the  consideration  with  which  he  treated  me  upon  my  first  appearance  in  this  court. 
Coming  as  I  did  here,  almost  wholly  inexperienced,  his  kindness  attracted  me  to  him 
and  I  have  considered  him,  ever  since,  among  my  truest  friends.  I  shall  ever  remem- 
ber the  last  time  I  met  Gov.  Gardner.  It  was  at  Rutland  during  the  last  September 
term  of  court ;  he  came  into  the  hotel  where  I  boarded,  and  coming  directly  to  me 
extended  his  hand  witii  that  hearty  grip,  which  no  young  man  has  ever  felt  without  re- 
membering. He  took  a  chair  beside  me  and  visited  (for  no  other  word  will  express  it) 
during  the  whole  noon  time  He  inquired  minutely  in  regard  to  the  court  and  all  the 
cases  heard,  asking  particularly  in  regard  to  the  questions  of  law  that  were  involved  in 
each.  He  paid  me  for  a  little  work  I  had  done  for  him,  and  requested  me  to  have  cer- 
tain entries  made  in  his  cases  in  the  Rutland  court,  as  he  was  unable  for  some  reason  to 
attend  to  it  himself.  And  when  the  time  came  to  go,  bidding  me  good-bye  with  the 
warmth  of  a  man  of  my  own  age,  lie  passed  from  out  of  my  sight  forever,  leaving^with 
me  memories  of  him  to  which  I  shall  always  look  back  with  pleasure,  and  with  the  be- 
lief that  my  acquaintance  with  him,  though  short,  has  given  to  me  higher  and  nobler 
aims  in  life. 


30 
TRIBUTE  OF  HON  E.  B.   BURTON. 

I  was  not  in  Bennington  at  the  time  the  memorial  service  was  held  before  the  Coun- 
ty Court,  upon  the  demise  of  our  lameuted  brother,  Abraham  B.  Gardner.  I  have  read 
the  resolutions  then  adopted,  and  the  several  speeches  then  made,  and  I  cordially  con- 
cur in  all  that  was  done  and  said  on  that  occasion.  T  do  not  know  as  there  is  anything 
I  can  add  to  what  was  so  well  and  forcibly  said  at  that  time. 

From  my  long  and  intimate  acquaintance  with  the  deceased,  I  will  merely  give  a 
brief  summary  of  my  views  of  the  man  :  He  was  not  so  much  distinguished  for  his 
superior  legal  attainments  (though  by  no  means  deficient  in  that  regard)  as  for  his 
good  common  sense,  integrity  of  purpose,  quick  and  just  appreciation  of  the  weight  of 
evidence,  faithful  adhesion  to  the  cause  of  his  clients,  and  sound,  practical  judgment. 
In  all  these  qualities  he  was  rarely  excelled.  In  the  death  of  Brother  Gardner,  how 
pertinently  is  brought  to  mind  the  truth  of  the  old  adage,  "Death  loves  a  shining 
mark."  How  often  the  reflection  occurs,  why  was  he  "in  his  pride  of  place"  stricken 
down,  and  others  of  us  left.  Surely  "God  moves  in  a  mysterious  way  His  wonders  to 
perform.  Let  us,  therefore,  bow  submissively  to  His  decrees,  saying  not  our  will,  but 
Thine  be  done. 

TRIBUTE  OF  HON.  MYRON  BARTON. 

Hon.  Myron  Barton,  sheriff  of  the  county,  also  desired  to  bear  testimony  ot  his  sin- 
cere admiration  for  Mr.  Gardner  as  a  lawyer,  citizen  and  friend,  also  to  express  his 
hearty  approval  of  the  action  taken  to  honor  the  memory  of  the  departed  : 

I  have  known  for  more  than  thirty  years  Mr.  Gardner,  meeting  him  at  county  courts, 
and  also  in  Shaftsbury  at  our  justice  comts  at  my  father's  office.  I  have  done  business 
for  him  in  my  official  capacity  for  the  last  22  years,  and  can  truly  say  he  has  treated 
me  kindly,  and  his  directions  and  counsel  have  always  been  relied  upon  and  followed. 
It  is  the  universal  expression  of  every  citizen  of  our  town,  that  in  the  death  of  Mr. 
Gardner  we  have  lost  our  best  friend.  His  business  enterprises  in  our  town  were  exten- 
sive, and  all  his  business  relations  with  us  have  been  to  build  up  and  improve  whatso- 
ever he  has  undertaken.  The  people  of  the  town  feel  our  loss  of  Mr.  Gardner  as  keen- 
ly as  do  the  people  of  Bennington,  and  anything  more  I  could  say  would  not  add  to 
Lis  memory. 


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