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Full text of "In memory of the late Edward William Pou : proceedings of the Bar of the county of Johnston"

IN MEMORY 



OK 



EDWflHi) wmiiifl|V[ pou. 



PROCEEDINGS OF THE 3HR. 




C6 

Cop 5 



UNIVERSITY OF N.C. AT CHAPEL HILL 




STEPHEN B. WEEKS 

CLASS OF 1886: PH.D. THE JOHNS HOPKINS UNIVERSITY 



OF THE 



TTIE WEEKS COLnJECTION 







3L 



This book may be kept out one month unless a recaii 
notice is sent to you. It must be brought to the North 
Carolina Collection (in Wilson Library) for renewal. 




IN MEMORY 



OF THE LATE 



EDWARDWILLIAM POU. 



PROCEEDINGS OF THE BAR OF THE COUNTY 
OF JOHNSTON. 



KAI.KICH, X. C: 

KKWARTiS & HKoIT.HTON. l*0\Vi;k I'KINTKRS AND niNOKKS. 

iSqj. 



PROCEEDINGS OF THE BAR. 



Al the I"\l)ruar\- Term of Johnston Connty Snperior 
Court, his Honor Judge H. C. Connor presidino;, the fol- 
lowiut; proceedings were had in memory of Kdward Wil- 
liam Por, a member of said liar for twenty-five years, and 
whose untimely death liad occurred on Monday of the pre 
ceding term, being the i6th day of November, 1891. 

When Court adjourned on Wednesday the 17th day of 
February, at noon, his Honor announced that tli '^'^r■^^rn- 
ment would be until the following morning out of respect 
for the memory of the deceased. At three o'clock on the 
same evening, at a meeting of the Bar, his Honor Judge 
Connor presiding as chairman, Mr. P. T. IMassey and 
Mr. L. R. Waddell, a committee having been previously 
appointed for that purpose, reported the following resolu- 
tions, which were ordered to be spread upon the minutes of 
the Court, and which were adopted by a rising vote by all 
present : 

WiiEKKAS, in the dispensation of Divine Providence we 
have been sorely stricken in the death of our esteemed and 
worthy brother, PIdward W. Pou, of Smithfield, N. C, 

AxD WHEREAS, we desire to give expression to our appre- 
ciation of his faithful and efficient services as an honored 
and trusted member of the legal profession, and of his noble 
virtues in the social and private walks of life ; therefore 

Rcso/z'cd^ That in the sudden and unexpected death of 
brother Pou, w^e feel that the Bar of North Carolina and 
the business community generally, have lost one of their 
most useful and worthy members, and one whose past ser- 
vices will long be remembered only to be revered and emu- 
lated. 



4 PROCEEDINGS OF THE BAR OF 

Resolved^ That the younger nieinbers of the Bar will 
recall with pleasure his courteous bearing to them and the 
delight it seemed to give him to render them assistance, 
and the painstaking aid he so cheerful!}- bestowed when 
his legal advice was solicited: and the older members will 
long remember his quiet and dignified demeanor, his social 
intercourse, his manliness of character, strict integrity, 
merit and worth. 

Resolved^ That as a man he was of kind heart, tender 
sympathies and noble impulses ; a devoted husband and 
indulgent father ; a true friend and one whose friendship was 
valuable because it was sincere and unaffected. He leaves 
a r- '^'^ .iiie, a reputation unspotted and untarnished — a 
priceless legacy to posterity — and his example should inspire 
those who follow to higher aims and more exalted ends. 

Resolved^ That in all the trusts confided to him by the 
people he was ever faithful and true to their interests, and 
proved himself to be a true friend of liberty and the rights 
of the people. He was truly a friend to the poor and the 
oppressed, and was always ready to extend his aid in their 
behalf when he believed their cause to be just. He was a 
man of untiring industry, strong conscientious convictions, 
and unfaltering in his determination to do the right and 
oppose wrong in all his transactions both public and private. 
Respectfully submitted, 

P. T. MASSEY, 
L. R. WADDELL, 

Committee. 



•nil". CDlXTV ()!• JOIIXSTOX. 



REMARKS OF HON F. H. BUSBEE. 

The rcsolulions luuiti^- been read, Hon. 1^\ II. I>usbee, 
of Raleigh, aro.^e and .said : 

MR. CHAIRMAN: 

The reputation of a North Carolina lawyer is at best short- 
lived. While actively engaged in practice he fills a com- 
paratively large space in the limited field of his labors, but 
when the last brief is laid aside, and "dust to dust" falls 
in solemn accents, his name and his virtues soon fade from 
the recollection of mankind. vSo it will be with Edward 
W. Pou, and so, my brethren, it will be with you and me. 
To-day, while the dockets bear his name on every page, 
and the court-house seems dreary for the lack of his cordial 
greeting, in accordance with the well-known custom of our 
profes.sion it is well that his brethren should lay aside the 
contentions of the legal forum and assemble together to do 
honor to the memory of their friend and brother. 

It is as far from my intention, as it would be foreign to 
his inclination, to indulge in language of unmeasured 
panegyric. Concerning a life like his, the simple truth is 
the most fitting eulogy. It is m}- purpose to-day to pay a 
brief tribute to the character of a man whom in life I hon- 
ored, and whose memory I shall forever cherish. ]\Iy hand- 
clasp of sympathy is at least warm from the heart, 

Edward W. Pou was born in Orangeburg, South Caro- 
lina, on October 26th, 1830. His father, Joseph Pou, was 
of French ancestry, and during his long life of usefulness 
attained considerable distinction as a lawyer. The family 
removed to Talbotton, Georgia, in the year 1834, and the 
early life of our friend was passed in that State. At eigh- 
teen years of age he entered the University of Georgia and 
at once gave evidence of his intellectual powers. During 



6 PROCEEDINGS OF THE BAR OK 

his whole college career he took high rank in that institu- 
tion, and graduated in 185 1 with the highest distinction of 
his class. In fact, up to that time no student had equaled 
his general average in the University classes. He always 
retained his fondness for and familiarity with the classics. 
Upon leaving college he married very early in life, his wife 
who was Miss Carter, of Talbotton, living but a short time. 
Some years afterwards, by his happy marriage to Miss 
Annie M. Smith, he became parth- identified with North 
Carolina and with Johnston County. In later years this 
identification was to become complete. Having obtained a 
license, and recognizing the great promise of the future 
metropolis of Georgia, he removed to Atlanta to enter upon 
the practice of his profession. The clouds of war were 
already gathering dark upon the horizon. His attachment 
to the Union was intense, and was the dominant influence 
in his political life. In the great political campaign of 
i860 he gave his adhesion and his personal services to the 
cause of the Little Giant of Illinois, Stephen A. Douglas, 
and Herschel V. Johnston, the Georgia candidate for Vice- 
President. He knew the hopelessness of the outlook and 
felt the chill waters of the rising tide of sectionalism, but 
he was determined to go down with the ship, and be faith- 
ful to his convictions as long as fidelity to the Union was 
not want of faith to Georgia. But when the inevitable 
issue came, and the shot at Sumpter called a nation to arms, 
he hesitated not a moment. Among the first to volunteer, 
he was commissioned as First Lieutenant and entered the 
field with bright prospects of promotion. His army expe- 
rience was short. Stricken with disease at Yorktown he 
w^as compelled to abandon the life of the camp, and after 
that he uncomplainingly gave his services to the Confed- 
eracy in aiding to manufacture the munitions of war. 

In 1867 he removed to North Carolina, and, settling upon 
the lands inherited by his wife, devoted his attention to 



THK COrXTV OK JOHNSTON. 7 

agriculluro. In 1S6S he was t-lccled to the House of Repre- 
sentatives iVoni Joliiiston Connt\- as a Republican. This 
is not the time to characterize the profli<;ate corrnption of 
the General Assembly of which he was a member. It is a 
part of the history of the State upon which no one will 
willino;ly dwell. It is enonj^h to say that Edward W. Pou 
was found anion<j the ranks of the feuthful few who opposed 
the extravagant appropriations by every means in their 
power. As to his ow^i per diem, believing that the amount 
paid was excessive, upon his return to the county he devo- 
ted a considerable part of it to a work of public improve- 
ment. The causeway across the low-grounds of Neuse 
river, affording the only access to Smithfield from that 
direction in high water, was constructed from this money. 
Though he had not practiced law in the courts of the State, 
when the question of the legality of the issue of special 
tax-bonds was before the Supreme Court, he thought it a 
matter of public duty to appear before that tribunal and 
represent the cause of the endangered taxpa)ers. He was 
successful as to a small portion of the bonds, and his argu- 
ment, which voices the present settled policy of the State, 
is highly complimented in the opinion of the Court. This 
was his last important public office. 

In 1872 he warmly espoused the cause of the Liberal 
Republicans, and in the memorable Greeley campaign he 
was nominated by both the Liberal Republican and the 
Democratic Conventions as a candidate for Elector-at-Large, 
and made a partial canvass of the State. 

For some years after his removal to North Carolina his 
sole occupation was that of a farmer, and in that great pro- 
fession, the foundation stone of the State's existence, he 
attained much success. His close identification with the 
soil, which is perhaps more frequently the case with North 
Carolina lawvers than with those of anv other State, o-ave 
him great familiarity with all the phases of agricultural 



8 PROCEEDINGS OF THE BAR OF 

questions when they came before the courts. It also inten- 
sified the love of Nature which seemed to be interwoven in 
his very constitution. He loved the solitude of unbroken 
woods, the sweet springtime odor of freshly turned earth ; 
the low murmur of the river, the red gleam of the cardinal 
bird among the reeds, the whistle of the thrush in the 
thicket. He loved to walk 

"Along gray roads that run between deep woods 
Murmurous and cool, through hallowed slopes of pine." 

About the year 1875 he began regularly the practice of 
law in the courts of Johnston County, and he continued 
in the labor of his profession up to the day of his sudden 
death. Returning to the bar after so long an interval, he 
always had a profound distrust of his own abilities, and 
his modesty was frequently carried to such an extreme that 
it became a fault. Yet, moderate as was his estimate of 
his own powers, he was quick to appreciate and free to 
admire the abilities of others. 

"And who could blame the generous weakness, 
Which, only to thyself unjust. 
So overprized the worth of others 

And dwarfed thj' own with self-distrust." 

He did not profess to be a profound jurist, but he was a 
good lawyer, a safe counsellor. As an advocate he had 
considerable power, and some of his arguments within 
these walls were well worthy to rank with those of the 
distinguished lawyers who have adorned the history of the 
Bar of Johnston County. Practical, logical, earnest, filled 
with apt illustration and classical phrase, his arguments 
always gained additional weight by the personality of the 
man. The jury always believed that Mr. Pou was saying 
what he believed himself. Notably, I remember his con- 
cluding speech in the great mill case of Sanders against 
Avera, which won from a reluctant jury a verdict upon the 
first issue. 



THE COINTV OI" JoIIXSToX. 9 

All! when we recall the incidents and j^ersons connected 
with that trial, we are bronj^ht face to face with the brevity 
of hnnian life, the vanit\- of hnman hopes. Plaintiff and 
defendant; many of the witnesses; Mr. Dortch, the vener- 
able father of the bar, whose nienior}- we will e\er keep 
green within our heart of hearts; Mr. Abell, the Clerk of 
the Conrt at that time; and Mr. Pon — all have (^one before 
into the land of shadows. 

Of late years it has been, and is, a cheap and common 
fashion in many places to inculcate a prejudice against 
lawyers. It is such a convenient way to play the dema- 
gogue, so easy to become a stirrer-up of strife, that many 
there be who in that manner seek to attain a notoriety 
otherwise beyond their hopes. I am glad to say that such 
has not been the case in this county. The lawyers of 
North Carolina need no defence at my hands. Bad men 
among them there doubtless are; men who cast discredit 
upon the profession they disgrace, and wdio are enabled, by 
the very power of the profession itself, to do much harm. 
But as a class, lawyers may safely challenge the verdict of 
the history of the State. They have been in times of 
danger the foremost defenders of liberty — the faithful 
guardians of the law. When the great highways are 
broken up, they constitute one of the essential, conserva- 
tive forces that give tone and stability to the Common- 
wealth. Over the dead body of my friend, I can safely 
ask if any man can point to the evil he failed to combat, 
to the citizen he ever wronged, to the friendless he ever 
failed to champion, to the falsehood he ever supported? It 
was in the performance of the daily duties of the office 
lawyer that the good qualities of Edward W. Pou were 
most apparent. His qualifications were his unswerving 
integrity, his devotion to his clients' interests, his caution 
in giving advice, his correct knowledge of the statute and 
common law, and his thoughtful industry. I think he 



lO PROCEEDINGS OF THE BAR OF 

regarded, as I do, the cases which he was enabled to keep off 
the docket as of more credit to him as a lawyer than those 
he brought. He was largely intrusted with the investment 
of money for non-residents, and in that way was often 
enabled to be of much service to his people. As an attor- 
ney and as a man, he had the confidence of citizens and of 
his brother lawyers in a preeminent degree. That eminent 
and noble lawyer of whom I have already spoken, Mr. 
William T. Dortch, often expressed to me his high appre- 
ciation of the many virtues of our dead friend. 

One distinguishing trait Mr. Pou always exhibited — one I 
can recommend to your imitation as well as my own — was 
the great deference shown by him to the Presiding Judge. 
Never, by an act or word, did he indicate his personal dis- 
satisfaction with the ruling of the Court, but invariably 
yielded to adverse decisions with dignity and courtesy. 

And thus, in the faithful performance of the duties of 
his profession, passed the life of an honest, tender-hearted 
gentleman, loved most by those who knew him best. Of 
the sudden and terrible accident which terminated his life 
I cannot trust myself to speak. His last words were of 
thoughful provision for the comfort of the animals under 
his charge. Throughout his entire life he never proved 
unfaithful to a friend or false to a principle. Upon his 
soul at death's sudden summons there rested the calm that 
of right belonged to one who had never knowingly wronged 
a fellow-being. He felt an infinite charity for every suffer- 
ing heart. He believed — 

"That not oue life shall be destroj^ed, 
Or cast as rubbish to the void, 
When God has made the pile complete." 

From his youth he was an unflinching advocate of liberty. 
Fettered not by iron-clad dogma, he accepted the sacred 
mystery of the Atonement, and reverenced God as the ten- 
der Father, not as the dread Avenger. He was a man 



THK COUNTY OF JOIIXSTON. II 

whom dninl) animals tnistcd, and in wliosr arms little 
children instinctively clnno;. In him the weak always 
found a defender, and no friendless snitor sono^ht his aid 
in vain. 

The eommnnilN- in whose midst his ni)ris4ht life was 
passed honored him with their unshaken confidence, and 
never once was that confidence misplaced. 

This is hardly the occasion to portray his beautiful home- 
life. .\ husband who i^ave his helpmeet perfect confidence 
and unfailino- love; a father devoted to his children, pre- 
ferring their advancement to his own; always just and 
always tender. And now he rests forever. 

"The doubts we vainly seek to solve, 

The truths we know are one: 
The known and nameless stars revolve 

Around the Central Sun. 
And if we reap as we have sown, 

And take the dole we deal, 
The law of pain is love alone, 

The wounding is to heal." 



LETTER OF HON. HENRY PERSONS. 

Mr. L. R. Waddell, by request, read the following com- 
munication from Hon. Henry Persons, of Talbotton, 
Georgia: 

"I confidently believe that a few lines from a Georgia 
village in which the late Edward William Pou passed 
thirty years of the morning of his life, and written within 
an easy stone-throw of the homestead which claimed him 
as an inmate from letterless childhood to scholarly man- 
hood, need importune no greeting from those who have 
met to honor his memory. 



12 PROCEEDINGS OF THE BAR OF 

Indeed, it seems to the writer that a view looking for- 
ward from his cradle and compassing the forraativ^e period 
of his life career, and another looking backward from his 
grave and surveying the same in its ample maturity, are 
alike needful for a just estimate of him, who in promise 
and performance secured the love of man}' and the respect 
of all. 

Edward William Pou was but true to his lineage in 
having been fully honorable, and his eminent ability was 
surely an inheritance. His father was thoroughly sensible 
and strictly honest. He virtuously v, ithstood countless 
temptations through ninety years, and apparently without 
effort conserved an unsullied character, which was at all 
times above criticism and beyond vicissitude. His mother 
was easily first among all her associates in mental and 
moral equipment, and infinitely excelled in all those graces 
and accomplishments which made her a prime social force 
and a benign example. Hers was, in truth, the best type 
of exalted womanhood. From such auspicious parentage 
the lamented deceased had origin, and the high expecta- 
tion incident thereto never abated from disappointment, 
but confidently rose with his successive achievements. 

His mind proved to be both sagacious and truthful, his 
powers of analysis acute and accurate, his diligence unflag- 
ging, his temper calm, and the goal of his ambition was 
excellence and not triumph. 

Whether at school or college, he stood at the head of 
his classes, and not even briefly did vexing problems con- 
found him with mystery. He trod the arch of the sciences 
with an easy and uniform pace, nor once stumbled, nor 
was strain evidenced by any fatigue. 

I followed him at his Alma Matcr^ and he had left behind 
him the reputation of having attained the most thorough 
scholarship of any of its long list of graduates. 



TiiK corxTV OF jonxsTON. 13 

lie was \ct nouuil;- in professional life when he (juiUed 
lis for his Carolina home land, alas! forever), but his eon- 
leniporaries at the bar even then reckoned him a ^ood 
law\cr and well on the way to certain distinction. 

His popularity was not limited to ai^e, or sex, or color, 
but old and \oun.t;, men and women, wliite and color^fd, 
held him in afFectionate regard. 

He lacked no trait of character that endeared; he pos- 
sessed none that estranged; he was, indeed, a charming 
companion and an inestimable friend. 

His humanity was world-wide, his charity boundless and 
exhanstless, his urbanity perennial — these won the love, 
and his bright intellect and his sturdy manhood the admi- 
ration of all whose fortune it was to know him intimately. 

"Whatsoever things are true, whatsoever things are hon- 
est, whatsoever things are just, whatsoever things are pure, 
whatsoever things are lovely, whatsoever things are of good 
report'' — these things he thought on. 

It was the privilege of none, not even one of the num- 
berless friends of the period of which I write, to shed a 
tear at his funeral, or to drop a flower on his grave; but 
dying among a people with whom he had lived for nearly 
a quarter of a century, perhaps other hearts as loving as 
theirs throbbed with pain, and they trustfully assume that 
neither tears nor flowers were wanting to attest the worth 

of the man. 

HENRY PERSONS. 
Talhotton, Georgia. 



14 PROCEKDIXGS OF THE BAR OF 

REMARKS OF MR L. R. WADDELL. 

After reading the communication, ]\Ir. Waddell said: 

MR. CHAIRMAN: 

It was my privilege to know Edward W. Pou for 
the last twenty-five years of his life. My acquaintance 
with him began immediately after the war. He had 
removed from the State of Georgia with his family, and 
came to Johnston County and settled on a farm within 
sight of the town of Smithfield. He opened a law office 
in the town and carried on his farm at the same time. 

When I first knew him he was in the prime of his man- 
hood, Nature had bestowed on him a vigorous, clear and 
logical mind, and his conclusions upon any subject pre- 
sented to him were arrived at logically and with great 
accuracy of reasoning; and when he had satisfied himself 
that he was right, whether on questions of law, politics or 
religion, he was tenacious of his opinions; but if, upon 
maturer reflections and better reasons, he found himself in 
error, no man yielded his opinions more promptly and 
gracefully. As a lawyer, he held a high station at our bar, 
arguing his cases with great ability, and at no time 
indulging in unseemly exultation at his triumphs and vic- 
tories. He displayed all the qualities of a refined and cul- 
tivated nature; he had read much and remembered well, 
and was at all times the most amiable, genial and pleasant 
of companions; there was no asperity or bitterness in his 
soul. He loved Nature, and saw the beautiful everywhere, 
especially did he love his fellow-man. I remember hearing 
him repeat, with suppressed emotion and with soft, earnest, 
pathetic voice, this beautiful little poem: 



TIM' cor.N'rv oi- joiiNsrox. 15 

Aliiui Itfii Atlhtiii I may his liil)i' increase I, 

Awoke one iiiyht from a deep dream dI" ])eace. 

And saw. witliin the nioonlii^hl in his room, 

M tkiiii; it rieh, and liki- a litv in hloom, 

An anjijel writiii.ii in a Ixiok of K'>1'1- 

P^xceedini^ jieace had made U-ii Adhem hold. 

And to ilie presence in the room he saiil, 
■'What wrilest then"?. Tlie visit)n raised its heail 

And with a look made of all sweet accord, 

Anskvered, "The names of those who love the Lord." 
"And is mine one?" said Abon. " Xay, not so," 

Replieil the anj^el. Abou spoke more low. 

But cheerily still, and said, " I pray thee then 

Write me as one who loves his fellow-men." 

The angel wrote and vanished. The next night 

It came again with a great wakening light 

And showed the names whom love of God had blessed — 

And lo I Hen .Vdliein's name led all the rest. 

I thoiitrht then, and have frequently thought .since, liow 
well the poet had delineated Edward W. Pou in the sen- 
timent of this poem; few men possessed a higher classical 
education, and few finer literary tastes — he was the soul 
of honesty and truth, and perfectly sincere; his friend- 
ship was to be hi^^hly valued, for it was deep and abid- 
ino^. His honesty was of that character that would do 
himself an injury rather than another should be sufferer 
from any act of his. He was a man of the greatest purit\' 
of character and morals, and the force of his example will 
be long felt in the community in which he lived for twenty- 
five years. 

There has gone forth from the members of this Bar the 
sound, well-equipped, honest lawyer; from the home and 
social circle has gone the high-toned, amiable, genial com- 
panion, the gentle, tender, devoted husband and father; 
and from the public the wisest and truest of advisers and 
counsellors. Life is a narrow strip between the vast ocean 
of the past and the vast ocean of the future. We crowd 
and press each other on this narrow shoal; the dead are 
buried bv the living, who in their turn are buried bv the 



l6 PROCEEDINGS OF THE BAR OF 

living, and what is it all at last with our bodies but ^' earth 
to earth, ashes to ashes, dust to dust;" but the true man, 
the spirit, indestructible, immortal, untainted, rises bri_ohtl\- 
and gloriously from the body, and passes onward and 
onward to the light, meeting only and at last in the smile 
of an approving God. 



REMARKS OF MR. P. T. MASSEY. 

Mr. p. T. Massey said : 

MR. CHAIRMAN: 

A sense of duty impels me to say a few words in support 
of the resolutions — not that I consider them needful to the 
passage of the resolutions, for I take it for granted that 
nearly everyone present, and especially every member of 
the Bar, knew Mr. Pou sufficiently well to know that every 
statement contained in the resolutions is emphatically true, 
and they might be expressed in much stronger terms than 
set forth in the resolutions. I knew Mr. Pou intimately 
for twenty-five years, and was associated with him in 
the practice of the profession for about fourteen years, 
and consequently I feel that I knew the man doubtless 
as well as anyone in the community, save his imme- 
diate family, and I have no hesitation in saying that he 
was by nature one of the best men I ever knew — yes, I 
may say the best — for in all our intercourse and associa- 
tions together I never heard him speak to the detriment or 
injury of a single individual in any spirit of enmity or ill- 
will toward that individual. Of course I have heard him 
speak of the faults and shortcomings of individuals wherein 
they did wrong, failed to perform their promises, etc., but 
it was always in a spirit of pity or sympathy for them, 
rather than in any spirit of ill-will or unkindness for them. 
And in all the tratisactions between Mr. Pou and myself 



■pHlv CoCNTV OF loIINS'POX. I7 

diiriui^ the whole of our association toj^vthor, tlieiv was 
iK'xcr the least difTerence or unkind tVelin<i; between ns, 
but, on the contrary, our relations were most agreeable, 
pleasant and niutuallv confiding in each other. And as 
I have said before, I will say again now, that I would 
have trusted him further in every particular than anv man 
living at the time of his death. He was one that was 
worthy of trust and that you could rely upon to perform 
the trust in good faith — as a fact he was worthy of tlie most 
responsible trust or position that could have been conferred 
upon liim and he would have discharged the duties thereof 
with the utmost fidelity, and in a manner that would have 
reflected credit and honor upon such position or trust. 

As stated in the resolutions, he w'as unfaltering in his 
determination to do what he conceived to be right, while, 
on the other hand, he was just as unfaltering in his deter- 
mination to do nothing he believed to be wrong. In fact. 
I do not believe he could have been induced to do a thing 
he conscientiously believed to be wrong under anv reason- 
able circumstances. And in the practice of the profession 
he always wanted to be on the side he believed to be right. 
I have often noticed him when clients would come to con- 
sult him about their cases. He would first make a strict 
inquiry as to all the facts and surrounding circumstances, 
endeavoring to have them state the facts against them as 
well as tho.se in their favor, and after a thorough investiga- 
tion, if he arrived at the conclusion they were in the wrong, 
or their cause was not strictly just, although the law might 
be to some extent in their favor, if suit had been brought 
and then pending he would advi.se them to settle the 
matter by compromise or in .some way; and if suit had not 
already been brought, he would advise against bringing 
suit. Although he was a lawyer, he was not a man to 
encourage litigation unless it was imperatively neces.sary to 
enforce justice and equity. In fact, it was very unplea.sant 



1 8 PROCEKDINGS OF THE BAR OF 

to him to see strife and contention between parties, but he 
alvvavs rejoiced to see pleasant and friendly relations exist- 
ing between all mankind. His convictions were such that 
he could not work with true eneroy and vigor when his 
conscience intimated to him that the cause for which he 
was contending was not strict!)- just; but, on the contrar\\ 
when he felt that the cause for which he was contending 
was right, I never saw an attorney that would exert him- 
self more, or that was more zealous for the success of his 
client's cause than he was. He put liis whole soul and 
strength in the cause, and nothing that he could do, in a 
legitimate way, was left undone. I have often known him 
to go miles in the country to assist his client in getting up 
points of evidence to be used in his case. And at the final 
determination of the suit, if his client was defeated, I have 
often thought that it really hurt him worse than it did his 
client, and actually, if he had been a man of means and 
felt able to do so, I am satisfied he would have paid the 
costs himself rather than have his client do it; and although 
he was so much mortified at the result, you never heard 
him say a harsh word against a single individual concerned 
in the case — not even a witness — he abided the result like 
a true philosopher, or quietly took an appeal if he saw hopes 
of success in the higher court. 

He was a man that intended to do right toward all, and 
to give no one any grounds, not the slightest, to blame or 
distrust him as to any of his dealings or transactions. I 
have often heard him quote the scriptural injunction, 
"Therefore, in all things whatsoever ye would that men 
should do to you do ye even so to them" ; and in my 
honest opinion no man ever carried out this injunction in 
its true spirit nearer than brother Pou did. But I have 
often thought that he carried it too far — that is, that he 
would do more in the way of favors for others than he 
would have permitted them to have done for him under 



rin-; corx'i'N oi' johnstox. 19 

the same or similar circumslaiices. I could cite instances 
where he has paid money to clients and others when lie 
was not lei^all\- or moralh' bonnd to pa\' it, and which 
could not witli any deijree ol" reason have been demanded 
by the parties ; but rather than liave the most remote ques- 
tion as to his diligence or want of attention to the matter, 
he would pay it. I know of some claims lie held for col- 
lection just in this situation, which he paid himself, and 
wliicli never have been collected, and, in fact, never could 
have been collected. Herein is where I say he went beyond 
the injunction I have just quoted. He was so constituted 
that he could not allow the least intimation of blame to be 
attributed to him about any of his transactions. 

.Mr. Chairman, it is with no little degree of diffidence 
that I have attempted to sa\- anything whatever on this 
occasion — feeling conscious of my weakness and inability 
to do justice to the cause — but, under the circumstances, I 
felt that I could not refrain from sa\ing a few words b\' 
way of tribute to the memory of one I admired so much 
and loved so well, and one that had been such a true and 
valued friend to me; and he was not only a friend to me 
and others individually, but he was also a friend to 
humanity generally, in upholding and maintaining those 
virtues which elevate and adorn society; in teaching them 
lessons of industry, honesty, integrity and fair and upright 
dealings in all their transactions and associations. And 
Mr. Pou was not only a good man, as all those best 
acquainted with him will testif\-, but he was also in reality 
a great man — not by wa\' of show and demonstration — 
for he was alwa\s plain and modest in all his dealings; but 
he was great in the possession of those virtues which con- 
stitute true greatness — ever contending for the right, with 
kind and tender feelings for all, and imparting valuable and 
useful information and words of wisdom to all he came in 
contact or association with. 



S&uN-. ECT