George Wesley Paine 1828-1907

PAINE, POWERS

Posted By: Georgea Clinton (email)
Date: 5/24/2011 at 15:17:01

Sept 12, 1907 - Carroll Sentinel - Sunday word from the bedside of Judge Paine, in St. Mary's hospital, Rochester, Minn., alarmed friends here who had expected to see him return here shortly, cured. The operation for his chronic ailment last week Tuesday had been very successful, but the shock had proved too great for the aged man. The message gave the patient's condition as open to grave fears, as he had been in a sinking condition and had grown unconscious. Anxious inquiring friends early on Monday were not reassured by the information that the latest reports gave no change. Later reports confirmed the worst apprehensions, Mr. Paine passing away shortly before 9 o'clock that morning. Mrs. Paine and his son, Theo. G. Paine, were at his bedside when he died, a gentle sleep being the precursor of the silent messenger. The remains were brought to his home in this city on the St. Paul passenger Tuesday morning over the Great Western.

George Wesley Paine was born in the town of North East Dutchess County, New York, May 8th, 1828. His paternal ancestors traced their lineage back to the Puritans coming over in the Mayflower. Thomas Paine, Jr., had come from England with his father at the age of ten to the Plymouth colony in the year 1621. In 1680 he purchased land of the Indians in the town of Truro, Mass., which was held by his descendants down to the present day. Joshua Paine, a grandson of the former, settled in the region embraced by Dutchess County, New York, in 1749. The grandfather of Judge Paine was a soldier in "Queen Anne's War" and his father, Barnabas Paine, volunteered in defense of New York against the British in the war of 1812.

On the maternal side, the subject of this sketch was a descendant of Yost Powers his great-great-grandfather who had come from Germany in 1758 and had also settled in the region where the subject of this sketch was born and spent his boyhood days. He delighted in describing the scenes the depiction of which made famous Washington Irving, whose many sketches treated of places around which clung Mr. Paine's fondest boyhood recollections. Sorrow early entered his life at the age of seven his beloved mother was called away, followed by the inevitable consequences in the young life.

Mr. Paine received his education at Armenia Seminary and at the early age of sixteen he began the study of law at Salisbury, Conn., with John H. Hubbard, Esq. In 1848 he went to Newburg, New York and continued his studies with Judge John J. Monell. In January 1849 he entered the law school at Cherry Valley, New York, and on May 7th., of that year appeared before the state supreme court at Albany seeking admission to the bar. The court was composed of such men, later of national renown, like Hon. Ira Harris (later U.S. Senator), Hon. Arnosa J. Parker, one of the most eminent jurists of his day, and Judge Wright.

The young applicant lacked a day being 21 years old, but his certificate was issued after testing his knowledge of law and the quaint judicial proceedure of that state at that day. As a sample of their antiquated laws it may suffice to say that imprisonment for debt was still practiced. Prisoners could have a limited freedom while remaining in "jail limits", a territory fixed by courts. The sheriff became responsible for the debt if the paroled man went outside of the prescribed limits. After his admission to practice, Mr. Paine "hung out his shingle" at Poughkeepsie, New York, on July 1st., 1849. One of his early friends there was Henry W. Shaw, "Josh Billings". He had then not acquired the renown gained later through his noted sayings, but was conducting a modest real estate business and crying sales.

In March 1860 the young attorney removed to New York City, practicing for thirteen years in that city and Brooklyn. Mr. and Mrs. Paine were members of Henry Ward Beecher's church in the early days. The Judge has distinct recollections of trying cases before Judge Nelson who later presided at Beecher's trial. He also plead cases before Judge Hilton, who for many years was the legal adviser of the merchant prince Stewart, America's first multi-millionaire. Of Hilton's associates on the bench, Judges Brady and Daly, he always spoke in highest terms, especially the latter, as being one of the most scholarly among an array of able men. The latter's linquistic powers furnished many an amusing court scene when he would take an applicant for naturalization papers off his feet by addressing him in German, French, Italian, etc., the man's native tongue.

Of President Arthur who was inspector general of New York, later quarter master general, he had an unpleasant recollection of a violent outbreak of temper on the part of the future president, with a threat of personal violence towards the slight young lawyer. Poor health along with the disgust at the kind of men elected under "Boss" Tweed to preside over courts in mockery of justice, caused Mr. Paine to abandon a lucrative practice and decide to come out West.

After several trips he decided on this city and came here in April 1872. He was admitted to practice here at the May term 1872 and soon headed the profession here. June 18, 1875 he was admitted to practice before the state supreme court of Iowa. He had been admitted to practice before the U.S. Supreme court April 21, 1871. His career as attorney covers 58 years, of which 35 were spent in practice here. He was connected with some of the most noted cases and for over thirty years bore the dignity of "nestor of the Carroll county bar." His eminent qualifications secured for him the nomination for judge of this, the I6th, judicial district in 1890. It was a democratic district at that time, but Judge Paine's popularity in his home county carried him through. While on the bench he sought to carry put his idea of a judge by eliminating partisanship and political favors and crying cases strictly on their merits. This aroused the ire of the shyster lawyers of his party and they decided that a man whom they could not control had no business to be judge. They succeeded in defeating him for his second term.

He retired to private practice with the respect of the common people who had noted his efforts of establishing a judiciary worthy the name. He continued actively at work up to the last and his mental powers astonished those who had a chance to listen to his councils or advice. He was a lover of literature and one of his delights was to recall from a vast mental store, literary lore that would infinitely enrich a sage in that field of knowledge. He was kind hearted and generous to a fault. He might have become wealthy with his immense practice had he set store by the accumulation of property, but he would rather own a book than retain its cost in money. Nor was he less generous with his great legal knowledge. Many a struggling young attorney, or perplexed brother lawyer with an intricate legal question to baffle him, found ready aid in their trouble by following someone's suggestion to "ask Paine."

In politics Mr. Paine was a Whig in his younger days, casting his first vote for Gen'l Winfield Scott. Later he became affliated with the republican party, but never was a rank partisan, as local democrats will attest. He belonged to no lodge since residing in this city, but among his papers is an interesting memento of former affiliation. It is his certificate of good standing in Pleasant Valley Lodge, I.0.0.F., Dutchess county, New York, to which he had been admitted April 26, 1851. After coming to Carroll departed, became affiliated with the Congregational church, remaining a member up to the time of its consolidation with the Presbyterian church.

He was a generous and ready contributor to all worthy causes, never drawing denominational lines in his gifts. His free council and advice to public causes, societies, churches and individuals, if paid for at reasonable fees, would represent a fortune that many a prosperous attorney would gladly have retired on for life. The writer was employed with Judge Paine for nine years. We have always felt the warmest regard for him and acknowledge our obligation to him for most kind treatment and unalloyed acts of friendship expended to us. We never had a truer kinder friend and generous an employer. We can in all sincerity attest to his great worth as a man, citizen, friend and neighbor. He was ever ready to extend the hand of brotherhood and, "With malice towards none, and charity for all," to forget differences of the past.

The departed found complete contentment in his active mental labors that he was completely absorbed in. But he dropped all cares of office and business the moment he left for home. To the writer he gave that habit as the secret of being able to bear up under tremendous mental labor although frail of bodily strength. He said worry killed men and he would not worry. Thus the declining days of the aged jurist were lit up by a rare contentment. No regrets to mar the retrospect of other days, he lived in the love and affection of wife, son and grandchildren.

It was a golden age of peace and calm serenity and life's evening came as the beautiful setting of an autumn sun. Loved ones clasped the withered hands in a last fond farewell, as the soul, freed from its mortal bonds, went to meet another sun, and the frail casket of clay sank back in a repose of eternal peace.

The funeral took place from the home at three o'clock yesterday afternoon, Rev. J.W. Taylor of the M.E. church conducted the obsequies. He spoke impressively of the reward awaiting him whose life had been well spent and how the living should profit by the example of a model life. The casket was fairly buried in floral emblems and tributes of the costliest flowers deposited by esteeming friends, court officials and members of the bar. The latter attended in a body. Judge Powers, County Attorney Wissler, H.C. Stevens, L.E. Chubbuck, Horace Squires, and O.M. Moore were pall bearers. At the cemetery the last simple rites were performed while the hearts near and dear to the one stilled forever made their sacrifice of grief. With these bereaved ones we join in the hope that this apparation is but a change from the imperfect life of this world to an immortal one; that our longing will lead us into the better way, and fit us for the time when life's horizon is tinged with its setting sun and we shall long for that perfect peace that in this life we craved in vain.