HON. DANIEL BARNARD A MKMOUIAL ADOKESS BY HON. HENRY ROBINSON, OF CONCORD, N. H. DELIVEKEl) BEFORE THE GRAFTON AND COOS BAR ASSOCIATION, .Jam AHY 29, 1^92. I'KINTKIJ A 1 < t)H<)8 8TKAM I'KESS, WfiODSVILLE, N. II. i ^ >^S'^'^:> ci^i?^?^ ^.a^^ \ HON. DANIEL BARNARD A MKMOKl.U, ADDUKSS liV HON. HENRY ROBINSON, OF CONCORD, N. H. DKF.IVKHED HKFOKK THE GRAFTON AND COOS BAR ASSOCIATION Jaxuahy 20, 1802. PRINTED AT C'OllOS STKAM I'KK.SS, MiJOUSVILLE, N. H. HON. DANIEL BARNARD, A MEMOUIAL ADDliESS, HV HON. HENRY ROBINSON, OF CONCORD. Mr. President, (ukI QpntleniPii of the (ivafton and Coos Bar Association : — There is no defenre when Deatli is elaiinant. Then, no demurrer prevails, no bill of exceptions is allowed, no points remain upon which to move for a review. All objections are overruled. The judgment is absolute, irrevocable. When the final process-server appears, even sheriffs succumb, and trial lawyers who have seemed almost invincible, vield orra- ciously as a helpless child to the universal judgment against humankind, a judgment that cannot be vacated or avoided, a judgment the execution of which can be satisfied only with the whole debt of life. Jurists the ablest, and counsellors whose experience is the longest, whose advice is the best, are utterly powerless to meet the dread emergency of such a case. V Not many years ago gathered at the Merrimack countv bar a group of very superior men. It was pronounced the ablest and best association of lawyers in the State, and was unexcelled anywhere in New England. Ira Perley, that great genius of legal acumen, was there. He was one of the brightest intellects of his day. Henry A. Bellows, generous-hearted as he was learned, with a beautiful character that lit his face as with sunshine, was counted in its remarkable membership. He could have been — 4— as eminent in the })ulpit as he was at the bar, and his life as a lawyer, a judge, and a ehief-justice was as pure and noble as it could possibly have been in the most exalted ministry. Josiah JVIinot, keen, deep, retiring, but ready with resources, and girded with the faculty of success, made one of that illustrious circle. Jonathan E. Sargent, ripe with experience at tiie bar and on the bench, with a mind stored with legal lore, was one of the central figures. Asa Fowler, a compre- hensive scholar, an apt technical draughtsman, and an erudite counsellor, also stood in the fore-front of his profession. The venerable George W. Nesmith, wliose integrity and impartial- ity became proverbial, was one of the gems in that brilliant crown of manly strength and possibility. There was no com- panion more charming, no friend more hospitable, no attor- ney more persistent, no citizen of social instincts with more sparkling and infatuating conversational powers than Anson 8. Marshall. Grand old Mason W. Tappan was there, rough and yet susceptible as a child, deep read in literature, and with a wonderful knowledge of human natiu'e ; he was an earnest advocate, one of the most effective that ever graced the state. Perhaps the most active and indomitable element in that magnificent assembly was John H. George, who made his client's cause his own, and characterized every imdertaking with the force, energy and unflinching courage of his own imperious nature. Noble John Y. Mugridge was there, public-spirited, buoyant, the especial champion of younger men, one of the best all-round lawyers that ever entered a court-room. Austin F, Pike sat with the others, deep thinker, skillful lawyer, general student, and a wide reader, and, besides, there was Charles P. Sanborn, with his clear, calm, logical mind, his easy, popular manner ; A. F. L. Norris, persevering, industrious, a pioneer in judicial knowl- edge, a veteran in forensic experience, whose goodly fame — 5— only lialf equalled his merits ; William T. Norris, painstak- inpr, careful, sincere, and beloved ; Charles C. Lund, versa- tile, scientific and valuable in diiferent branches of useful- ness ; John M. Shirley, with a memory re|)lete with prece- detit, a cultured taste, and a piipinut wit and sparklinf; orij^- inality which made him a potent force in athiirs ; Hamilton E. Perkins, genial, polite, with a i)repo8se8sing suavity of speech, and an equanimity of teuq)er that won him friends every- where ; William ^^^ Flanders, in whom the elements were gently mixed, honest, faithful, tolerant, diligent; Nehemiah Butler, the embodiment of stability, prudence and faithful adherence to duty; Aaron Whittemore, Jr., voung, hand- some, held in uncommon esteem, and with everv element favorable to the best success ; Arthur Fletcher, with fine business qualifications, splendid mental force, and wonder- ful tenacity of purpose ; Warren Clark, amiable, trustvvorthv, upright, whose crown of glory was the eminent good sense that pervaded his whole career. We buried another, Willinm M. I^arnard, a beautiful young man, whom we all loved. Early in life he showed an es|)ecial ada])tation to the legal profession, but hardly had he entered ujion a practice of surprising success and promise when he wiis called l)ehind the veil of mystery. As we paid tribute to him in the court-room, his father walked backward and forward in front of the building, unable to bear the tender allusions to his partner in business, his own son, whom he love'ood or evil, than they have ever possessed while he was living and acting among them. Death is so Pennine a fact that it excludes falsehood or [)ortrays its emptiness. It is a touchstone that pi'oves the gold and dishonors the baser metal. No man has been held in higher respect and esteem than Daniel Barnard by his fellow men, and now that he is dead his character stands out in bold relief, and we appreciate and prize his excellence as we never did before. lie was not only the friend of his professional brcthi-en and of other prominent men, but of the conunon pcoj)lc ; the humblest and the poorest counted him as a benefactor, and felt glad to press his hand in recognition of his kindly salutation and sympathy, and many were the noiseless charities that he dis- pensed. "God give us men ; a time lilte ttiis demands Strong minds, great hearts, true faitli, and reaciy iiands; Men whom the lust of office does not liill ; Men wliom the spoils of ollioe cannot buy ; Men who have honor; men who will not lie; ****** * Tall men, ^un crowned, wlio live above the fog In public dutj- and in private thinking." Daniel Barnard never felt himself above anybody, lie was not to be flattered, wheedled, or intimidated, l)ut he was pleased with appreciation, and loved to meet the approxal of his fel- low citizens. There was nothing of pomp or vanity about —12— him. He did up a good, clean life's work, and left a record that is the best encomium that could be pronounced. He had an ingenius, intuitive mind. It had been trained by long experience in the ramifications of a broad practice that cov- ered in its extensive scope almost every trade and profession, and he was naturally alert, naturally quick of discernment, with not a particle of the inertia of laziness or indisposition in his constitution. He was well informed; fully abreast of the times on all subjects. He was vivacious, energetic, un- tiring, and yet tolerant, patient and uncomplaining. He never gave up until the end came. He loved fun ; saw the ridiculous side, could tell a good story, and was a good lis- tener. His agreeable personage will be missed at the rail- way stations and the hotels ; his welcome face will be seen no more on the cars ; he will be missed in our courts, in our social gatherings, at our political conventions, wherever men meet to confer and do congregate for legitimate purposes and to cope with the momentous concerns of life, there Daniel Barnard will be sorely missed. His advice was alwaj's good ; he saw at a glance the pivotal point upon which a question turned. He acquired the faculty of lucid statement and co- gent argument. Pie gave to every case and to every critical phase of it his best, most careful consideration and research. His fortunate temperament allowed him to carry on his mind a great burden of business, public and private, that would have overwhelmed an ordinary attorney, or one upon whom it came suddenly. There seemed to be before him many years of usefulness and progress, years of comfort and enjoy- ment, but in the lottery of death there are no blanks, and suddenly, unexpectedly to him as to us all, he solved the greatest problem of life. His virtues were worthy of emu- lation. He iiad great sagacity and tact, swift perceptions, and was ready to decide and to act. As Attorney-General, —1 3— he hiul IK) pet policy to enrry out. exee|tt the poliev of dis- cretion and riofht. A friend of the author of the cniaiieipa- tion proehunation once joked him ahout tlie |)rociirin2; of an ordinary lawyer to ])reside over a