PREME COURT OF GEORGIA.
MEMORIAL OF HO . HE RY G. TURNER.
ubmitted July 18, 1904,
In obedience to an ord l' made at the pre ent term of the court, the committee therein named hal'e prepal d and now in truct me to p 'entth following ketch, commemorath'e of th lif, character, and public services of your decea d A ciate -Judge lIE:<Il\' RA\' TUR:<ER,
Th brief I eriod that ha lap d ince J udO'e Turner's d ath aff rded small opportunity for procuring particular information touching hi. g n alogy and early family hi tory, Record that might have furni hed vallLable information weI' , for th mo. t part, involv d in th arne catastl"Ophe that wept away so many monuments of . uthern civilization j :lnd ven family traditions were, in the di traction of that unruly inten'al betw en th ce tion of hostilities and the restoration of ocial ord 1', COy l' d with forO' tfulne. f th companion of hi hildho d and his lJoyh od few are now livinO'; and of those who weI' hi. c Illrade in bivouac and on march and battl -fi Id only a meager I' mnant sun'iy and tlley widely di p I' ed in remote communitie , "rari nant 8 in O'Ul'gite vasto." light con id ration of tile c hindrances will, it is hop d .proeur indulgence for any incomplet ne or lack of detail in that part of th report which attempt to deal with Judge Turner' anc try and family hi tory.
If it hall further appear to your honor or to any, that in their effort to portray the character, and to rel'i Il'the public conduct of JudO'e Turner, the committ have not been sufficiently attenth'e to the requirements of ju t proporti n, but have dw It at incom'enient 1 nO'th an,d with unn ce ary emphais, on traits and tran action hal'inO' only r mot relation to tbe conditions and qualities that form gr at lawy r. and wi judge, the fault w trust, w11 find ext n uation in th general t 1111' f th order, in obedi nc t wbich tile work was undertaken, and in the vici itude that filled bi many-sid d career,
Stud nt, lawyer, Idi 1', tat man, judO'e! Verily it was a life of cbanO'e and manifold acth'ilie, Born amid affiu ntsurrolll1din!!Sj wim fair promi e of a life of ease and pul nee, th n udd nly bereft of tb mean witb wbicb to procUl'e the t ....tininO' and dis iplin c mlllonly deemed . ntial to u efuln ss and ncc s. ; then an immature youth . elf-exiled from the h DIe of hi boyhood and. eekinO' amonO' tranO' I' tb humble l' ward of lalJoriou ervice j then a soldi r, adventurinO' health and hop and life in tile good cau e of borne and liberty-the same for which at a lat I' day and on other field h strove with equal z al but with diffel nt w apon' and with better fortune, _-ext the trust d counselor and intrcl id def nder of justice, innocence, and private right, Th n clothed by a O'ratefnl and admiring peopl with th in iO'nia of leadel hip, and accredit d to repr nt th m in th bu ine of framing laws for r storing dom stic p ace and dome tic pro perity to a disorder d commonwealth. A little later and when th ben fic nt I' ults secur d by his faith. fuhle and skill had atte ted th wi om and fidelity with which tbe grave dutie entrusted to him had be n I l'form d, appr ciation took a wider cope, and with inO'ular unanimIty th I ople of hi conO're ional distr~~~[Tf.ITTi;=::::::::::::,.
,~t. U HS/, r
LIBRARIES
OF GfORG'~

as th ir repre entative to the nation' . parliament. Here again the conduct of the man appro\'ed the wisdom of the choic. lIe ntered the arena of poli tical combat armed at all point and fully equipp d for the struggl S that awaited him ther , and by readinc" in debitte, n matter how uddenly arisill"', and by the excell nce of his work on a variety of committee, d mon, trMed the rare versatility of hi powers, and at last exhibited the great quality of unilin .... at th au picious moment the variou cbauu Is through which hi facul ti had been exercised and making th m swell the tream who. ..teady curren t wa' to b ar him wiItly into the haven of ru' ured fam. Then as tnt~te of th 'tat nh'er ity, renderin .... wi e and willin .... erviee for proUlotin a the mot preciou' of all human intere ts an I the mo t ben l:leent of public in, titution.. and to the day of hi' d at.h tlncouraainO' everythin a that tended t enlarO'e the influence of the nivel ity of GeorO'ia and of its alii d ehool of sup rior in-
truction. And finally, in recognition f hi ....reat leal'llin" and hi welltried loyalty to the constitution and the law sumwoned to a eat on t.he bench oI this COUI't.
Il, ASCESTRY YOUTH, AND E IlL\' MAsno D.
In th early part of t.he century just clos d th re came from Dinwiddie county VirlYinia to one of th border countie of Tort.h arolina (t.hen GrauviII, uow Franklin count.y) Yin Tumer and Anna Turn 1', hi wif, and bought land and tablih d a borne ther . f mixed cotch-Iri h ani En....Ii h bl od, they, by the ex rei of inl u t.ry and conomy quickly acquir d a c mp tency. Among t.b childr n t.hey brought with them from Yil'<>'inia wa as n, Archibald Adams Turner, then about ten year of a" who, soon after reachinO'manh od, married Mary Ann Ilowz, only dauahter f William and Elizab t.h Ilowz; f thi man'ia" was born on the _Ot.h f March, 1839, IT>;SI!\, Gil.\\" TU"~H:I<. Ther were oth l' chiklt n of tbe warria.... , and in ord I' to cur . uch edueati nal or p rtunities as they required, Arcbi bald Turner mo\' d with his family to t.llA villa"e f Ilend I" n the pre 'ent Clllll1tysite of Franklin count.y, T rth arolina; and Henry, then ight y al of ag , was wi th t.h other childr n plac d in the villa" cbool. f tb incidents of his hoolboy life, w have been able to I am little beyond t.he fact that he wa. dilig nt. in study, upri"ht in conduct, reserved in manner, and with some aptitude for declamation and debate. 'Vhen hi academic COUL w, compi ted, and in June, 1 ~i he mat.riculated a a Ulemh I' of t.lle fre Ilml\ll cIa at Ih 'ni~el ity of North arolina. But havin a b en pi vent.ed by sickn from joinin.... hi class at th beginning of til t I'm and I' al izin the disadyanta a s lik Iy to re 'ult to him from thi circum tanc , he withdr w from that in titlltion and ntered upon an el ctive COUI e of .tudy at the nivel ityof Vil'O'inia. Here disapp int.ment again defeated hi.. h P of continuing hi
'niver ity trainilw. In] ecember, 1 5i, his father died, and upon investigation his e tat wa found to be 0 h avily invoh' d as to lefwe litt.le more than a bar UPI ort f r th family. Imlll diately on learning the c ndition f affairs at hom, and unwilling to furt.her reduc th in ufficient re urc f hi mother and h I' til r childr n by ubj cting the tate to the expense f OUlpi 'ling his t;niv rsily COUI'llC. youna Tul'll 1', aft l' a hort vi it t til faulily hom , d t rmin d t .. k hi fortune el wher. Goin a fil t to the ":tate f Alabama he ur d temporary mp;oyment as teacher of a country school, and, at the expiration of t.he term for which h had been nO'aaed, accep d the po iti n of prin ipal of Pi ola Academy tn th county of Brook in this

tate, and remained th re until th eady summer of 1 61, when h entered th military rvice of the onfederatp tat as private in a company Ulen recently organized at anll1nah. Th Acad my und l' hi' man "'ement njoyed high l' put for th effi iency of its III thod and the thor ughn of i di ciplin. A ignificant of tilat illl II ctual illli I' ndenc aud indiff l' nce to y tem that ha\'e little I than long u a"'e to comm nd th m, the yoUl1'" princil al di card d the text-books th n in general use for teach ina aritilmetic and
ub tituted rule and formula of his o\\'n. It was while thu l1"aO' d in fitting oth I" for futur II efulne . and equip-
ping him If in the interval of 'cholastic labor for the competition of that 1'1'0fe ion in \\'hi h h was aft rward' l win uch quick and lasting fam that h heard the ulllmon that called.' uUlern I atriots to arm . and unwillinO' await th compl lion of a c mpally then formlllg at Quitman hast n d to nroll hims If in Ule' 'avannah Yolunteer Guard and until Augu t, 1 2, en dured wiUl patience th toils and privation. of a . oldieI' in th rank of tilat heroic an I hi toric company. At th date last mentioned he was Iromoted to the rank of aptain and as igned to the command of ompa.ny H, 23d Regiment, NOl'lh Carolina olunteel, adand' Bri"'atle, Army of:X rth l'II Virginia. It would be a proud and grateful t, k did til ju t limit.: f a tribut such as thi permit to relate at length hi cal' l' as a Idier-t t II of hi unflinching fortitude, hi unexalllpt d patience under the inexpre ibl toil' and hard hip of bi\'ouac and march, and of tile con picuou gallantry with which the heroic youn'" capt.'\in led hi Ulen at :\[echani ville old Harbor :\lalvern Hill, hancellor ville, and a or of bloody fields be ide; and how at la t h ju tifled hi promotion and seal d hi COlllllli sion with hi. blood on the d adly 'lope of ettysburg, Desl Arately wound d on the fir t day of July, 1863, and left for dead on th batt! fi td, he w taken prj ner and confined alt 1'natelyat andusky and at John n' Lland until Kov mber, 1 64, when be w discharO' d from prison and ent t Richmond as a di abled Idier incapabl for further mili tary , r"ic .' To \"hat extent hi h alth was permanently impair d by wound and by th I' til ntial air of F d ral prison can only be conjectured, sinc whatever pain h may ha\'e suff red then or afterward wa endured with that silent toici III for which he was always I' markabl , 'When but partially recover d from the ffects of wonnd and impri. Onlllp.nt he made hi way to the old home at Hend rson, and, having a little recruited his strenO'th there, took up til 10l}O' and painful journey to hi adopted home at
uitman, Georgia tra\'elinO' mo. t of th way on horseback and at night. n after l' achinO' Quitman he r umed the tudies tbat had be n interrupted
by th call of patriotic duty, and by unremittinO' effort so far compl ted hi preparation as to cure admi ion to the bar at " hvill , Georgia, in tober, 1 65. On th 1 th of June in the ame year he wa married to Mi Lavinia
. Morton, daught I' of Judge amuel Morton, who, WiUl hi Datural force but little abated, is still living at hi. hom near Quitman, in the njoyment of robust h alth and of all the pi , ant things that wait on honorable old age, The loyal lady who became his wife and with who~ he lived so 10DO' in perf ct peace and ex uisite enjoym Ilt, pl'O\'ed a true and wortily helpmeet. Dutiful, liIi nt modest, and incer ly rejoicinO' in the well-earned fame of her di tinguished husband; well-pleas I and proud to feel 'that while he knew a thou-
and things, he was herself not larO'ely learned ave in all gracious household wayR.' And thou"'h adorned with all womanly ctllture, and accomplished be-

yond mo t of her. ex, h rift and grace were wholly con crated to the happine s and honor of him whom sll d III d all hon rand ob dience due.
f the fh'e chillren 001'11 of tho lllan'ialTe, th eld t, .Jame. )[ rton TU111 1', died in J i , at th alTe of tw 1\'0; another on, 001'11 in 1 .j, di d in infancy. A daulTht 1', )ILs India Tul'll 1', and th y unger of the two ur\'i\'in lT son (S. )lOl'lOn Turn 1'). resid with their lIIothel' at th hom of th family near Quitman. Th -Id I' n 11 my i a pI' perou. fa1111e I', mal'ri d and Ih-in cr n :II' hi. mother, and illutmtin lT in hi life and conduct th b 't ualitie of citizenship_ Th - younger SOil is a lawy I' holdin lT honorabl place at the Quitman bal'.
f til . who had pel

fend hi pcople again t the apr ion that had bcen heaped upon th m. Hi vindication was masterly and complete, and its effect upon the public mind can be easi Iy gather d from an outline of the evidence. t out in tht' 431 \'olum
four upr me ourt Reports. His ucc in th condu t of appeal and in the pro cution of writs of rror uffici ntly atte ts hi excellence in that lin of professional work; and hi' infr quent appearanc b fore the upr me
OUTt wa, probably due to the fact that conclu ion reached and verdicts rendered in c, e that had becn argued by him at u' i priu were, for the most part, accepted as final.
C.\REER A LEGI. l.ATOR Al'D TATE )IA~.
In 1 ;4 he was lect d to repr nt hi county in th lower branch of the tate le"'i~lature and, fulfill d the exp ct.ation of tJlC peopl of hi county as to cur r -elect.ion for three succe, iv term. A a legi lator h was con.. rvalive and cautiou., not. giv n to exp rim nt 01' t.o rash interm ddling with yt ms t.hat had been found rea onably u ful and ben ficial' but. z alou mth r to aid in the work of r pairin'" and r toring the foundations of, ocial ord r, and of clean ing the bo ly politic of the licen tiousne and cormption born of al ien domination and ctional hate. J[' th refore conc rned himself chi fly in the framing of such I!\w' and in the tn.bli hment of, uch policie , would purify official conduct, pr mote dom tic peac , and protect the tate' r sources from further inroad. by usurpers and ch!\r1!\tans who had found th ir opportlmity in the di rd, and di traction of!\ t.urblll nt time. Judge Turn r' con"'r i nat ervice covered a period of . iXI en years and long bef re it had end d h had mad good hi claim to a I lace among the foremo t ta men of hi. lim . and on t.hat xalt d ta"'e renew d the triumph of an earlier day, when bb, and Toomb ,and t Ith ns, and Hill, and all Ole long line of uLl, rn. a . and patriots illw trated ther the g nius of ,outh l'I1 civilization and outh rn state man. hip. Tru ting that, in givin'" omewha larger tr atment t a topic interestin, we hall not s em to have gone beyond t.h expectations of th court or to have "'reatly exce d dOle ju t limit' f an offi ial tlibute, we v nture t.o l' fer with oniet.hing more of detail to Judge Turn r's con"'re ional cart' r. In order to d termin hi. ri"'htful place in the catalo"'u of tat Ul n, con id ration DlUt first of all be giv n to the principl for which he tro\'e and the moth'e, hat in pit-ed hi conduct. He wa. by na.ture th inveterate fo and the implacabl pro ecutor of injustice of very sort, wh th r xhibited in t.he couduct f individual. or wrought ou by vii administration and political intri!!ll , or openly inflicted by ta ut.. I was ther f r not. urpri in that hi fil t !\PI e!\rnnce in ongr, h uld hav been ignaliz d by an ault on the ystem of tariff protection, whi h wru to him Ole e s n e of all injustice, t.he um of all admini trntive iniquit.y, and in i effec legaliz d robb ry; and befor th expiration of hi fir t terti) he t.hr w down the gauntlet and challeng d its auth rs an 1 ac1vocM to op n c mbat. With it and itll d fen del th r WM, 0 far as he wn.s concerned, to be n ither truce nor parley, but nly war, unc a ing and I Inti . war. From 1 2 to 1 05 it was the tb III of hi. b t II r ,th ubject of hi flerce t den lin iation ; and h contantly a ailed it with !\11 his r Ill' of I,arnin"', of I "'i , and of invective. It WM when, after a hort int.erval of reli f from the l-emo' Ie exact.ions of the protect.ive y tern (occasioned by a bange in political opinion and practic thr ughout the country), it had been a"'ain in tall d aJ t.he rule of admini t.ra. tion and a e -m nt that he turned upon it triumphant. a l\'ocates and with in-

dignant scorn declared: II The Pretorians of the Tariff have expOlled the Presidential purple for sale at the up- t price of executive subserviency and offical infamy.' And on another occasion, when appeal had be n met with derision and remonstrance with ridicule, he uttered the agonized cry of an oppre d and helple people: I "Ve are villeins of the lord. of taxation; we wear the colln.r of the tn.riff-the shoddy livery of our masters. If we buy our clothing in some freer laud, we are fined; if the fine is not paid, we are impri oned.
ur crime is poverty, and our proverty was impo ed by law." To whatever rank Judge Turner may be l\SSianed as a foren ic orator, there can be but one opinion as to the rank to be accorded him as a parliamentary speaker. Holding truth and ju tic to be in ub tance the same, and always thoroughly prepar d, his peeches never failed to command attention and to elicit applau even from those again t whom he contended. He was indeed a debater of the first order, and when he 1'0 to addr ss the hou e,
II It was as when some orator renowned, in Athens or free Rome, To some great cause addressed, stood in himself collected."
Invective was perhaps his mo t effective weapon, but its frequent use by him was not the result of natural bitterness; he was living in an atmo phere of opposition, and against inveterate abu es venom. shafts are legitimate weapons.

"His were not hot from bow half-bent, But with the fulle t tension of the thong Hi singing shafts were ent. '

At the be/{inning of hi second term Judae Tnrner was made chairman of the

Committee of Elections, and by the dignity and impartiality of his conduct,

mo t notably di played in the ca e of ~lcKinley v. Wallace and Heard v.

Romeis, won from the disappointed conte tants warm and voluntary encomiums

on his I gal learning and judicial fairn

His next assignment was to the

Committee of 'Vays and Means, a mo t cong nial position, and one in which his

indefatigable indu. try and his familiarity with all matters concerning the cus-

toms and the revenue enabled kim to render couspicuous and effective service.

Then came dissen ion and unhappy discord in the ranks of that party for whose

integrity and snpremacy he had so long and so manfully contended. trange

additions were proposed to the party creed; new text of ci vic instruction were

promulgated; and this man, in the pirit of that iufl xible devotion to his con-

viction that characterized his whole life and conduct, but with tmdiminished

affection for those who had so trusted and honored him, went without complaint

or reproach into dignifi d but sorrowful retirement. The next eight years of his

life were occupied with th practice of hi profe ion and the care of his private

affairs. He sought no other companion hlp than that of his books, and thought

of no other recreation than was to be found in the charmed circle of his family;

nor did he at any time manifest a desire to participate again in public affair or

to revisit the scenes of official life. Amid these delightful surroundings his

life was passing into a peaceful and quiet afternoon, when, in July, 1903, he was

invited by the hief Executive of the t.e'l.te to occupy the eat on the bench of

this court, lately made vacant by the death of the lamented Lnmpkin, and en-

tered at once on the duties of that great office. The work proved congenial, his

relations official and personal with his associates of the bench were of the

most pleasing and sati factory character and there was fair promi e of a long

continuance of a life of usefulness and honor. In the mid t of these agreeable

urroundings, and when everything seemed lJropitious, unmistakable symptoms of the return of an old malady necessitated his instant withdrawal from judicial labor.
HI. IC"~ES A~D DEATH.
It was during a formal and wholly unnece ary canvass of his congressional di trict in the summer of 1804 that he experienced the first appearance of the disease which ultimately ended his life. At fir t the symptoms were not of
uch everity as to cau e . erious appreh 11 ion, and it wa not until after his return from Europe in the latter part of 1895 that their increased frequ ncy induced him to se k the advice of phy.icians. Under skillful treatment and after a period of absolute re t it was thought that permanent relief had been secured. And when he went upon the bench of thi court much of hi old time vigor had returned. For orne time after his re ignation from th bench th re were favorable fluctuati n , but it was ob erved that each ucce ding paroxy III left his enfeebled frame Ie able to bear th next. By the urg nt advic of his family phy ician he went, on the third of June last to Baltimore to procure surgical aid. pon his arrival at Baltimore it was determined that, in view of his weakened condition and the critical character of the operation to be performed, it would be better to defer it until he could by rest and diet acquire sufficient strength to endure the ordeal. To his acute mind thi reluctance on the part of the trained and skilled surgeon to undertake the op ration at once must have been an omen of evil. Di appointed and dejected he began the long joumey to Georgia; but find ing the fatigue of travel too great, decid d to eek temporary I' t at the home of hi brother, Dr. Yin s E. Turner, at Raleigh, North Carolina. The day after hi arrival at his brother's home there was another paroxy m, so protracted and \" re as to greatly alarm hi relatives and the physicians who had been call d to attend him. Whatev I' sci nce could uggest or affection upply wa done for hi relief, but all to no pUl'pO ; and at two 0 clock in th momin'" of the 9th of June, attended by hi devoted brother and by a number of ympathizing friend, his spirit left hi outworn shell, and went Iorth unennin d and alone to meet that Judge whose. eat is on the circuit of the Heaven and from who e juogment th re is neith I' writ of error nor appeal. There was at no time even a temporary 10 of consciousness. His great mind remain d uncloud d to the last, and the imp rial intellect reIu ed to abdicate its function until the til' d ey lid. clo d in d Mh.
The 10 of Judge Turner would under any circum tance have been a calamity to the commonwealth; but that he should ha\'e been taken away at a time when his commanding intellect. hi wide experience, his larg 1 arning, and his lofty integrity had just been returned to the servic of the tate, and in that department of goverment in which the welfare of all the people is mo t vitally concerned, was inde d a public di a tel' of no ordinary magnitude. The public resonrces ha.ve been permanently crippled; the eff ctive strength of the commonwealth seriou Iy for hortened and the 10 is irreparable.
" ot all that aim or a.g or ophi. t ever writ Can build again the broken tower, the ruin d tenement refit.
In early boyhood Judge Turner wa by bapti m made a member of the ~fethodi t Church; and while in after life not a regular attendant upon religious observances, y t hi. conduct wa conformed to the be t requirements of religion and morality. "He did ju tly, loved mercy, and walked humbly with his God." Doubtless there were at time grave que tionings - yearnings for

light. by which to penetrate the solemn my terie. of death and immortalily.painful efforts to r conci! things. freely acc pted by mind Ie inquisitive, with the sugg stions of his own ubtle and exacting intell t. Th re i how-
vel' con olation in the belief that th que tion were all ri htly Hied at the la t, and that b for his. ickne. took a mortal turn h W:lS I' ady to ay," I can not prove, yet I beli ,. ; I can not und I' tan<l- J lYe.'
To thD of u who W re hi associate and trust d fri nd the future will bring deli htful l' 011 ctions f hi. fai thfuln ,his I fty com for "erything base and Dl an, and of his graciou courte' y ; whil to th generati n that are to come after thel main as a rich inh dtanc the example of a noble life wrought out again. t un favoring circum tanc , and by honorable effort and virtuous endeavor, fa Idonecl to the bighe. t form of xcellence aDd grandeur. Patriot cbolar, tat . roan Juri t Fri nd,-far well!
"w ulcl that now when courte y grow cbill,
And lif . fill loyal tie are turned to je t, orne fire of thin might bU111 within us till.'

On the 11th day of Jun last, in pre nce of a great concour e of sorrowing

citizens and amid embl ms of mournin di played over ev~ry thre hold, hi

body was borne by 10Ying h:mcl. out f!'Om the ortals f hi home, along fa-

miliar hou hold path and past the grove that he him. If bad plant d, and laid

tend rly away ill the villa e cemetery. be ide tb gray s of loved ones gone

before.

Re p ctfully . ubmitt d,

Thoma G. Law on, '

,v. )r. Hammond, hairman,

Joei Branham,

N. L. Hutchins,

How 11 Cobb

J.

. Black.

W. . lfull1phr ys,
'V. n. B nnet,

A. L. )lill 1', All n F rt,

Milton .\. andler,

W. II. Griffin,

T. B. abani',

H. B. P pI!\,

Mr. Ju tice anuler I'e ponded a follow.

From col nial day down to tbe pre nt, the tat of G or ia has been enriched by many gift of reat m n cOlltribut d by h I' i t I' ommonwealth of North arolina. Elijah lark, ldi I' and patriot; Jar d Irwin, William Rabun, John larke. and Jame Johnson, gov 1110rs and Lat smen ; and Lovick Pi rc J i\I rcer, and Al xander Mean, mini ter of th g P 1 and leaders f r li"iou tholwbt, - all moved to Georgia f!'Om North ar lina. For nothing, however, d e. ,orgia owe to North ar lina a r at r debt than for the con ribution t h I' itizenryof H nry Gray Turn 1', the. ubj ct of this m morial and late A ociate Ju ti of thi court.
f Judg Turn r's birth and early environment, of hi faithful and con. picuous en'ice in war and pea e, both to the tate of hi nativity and that of hi adoption, and of hi di tin!!Ui hed car er aJ a repre nLc'ltive of thi tat in Ule halls of th National 1I0u of R p ntatives, th committe in its port ha aptly poken and to th ir tribut but little ClUJ be added.
This memorial rvice i th fourth of its kind to be held a UJis term of our court. H w f rcibly are we reminded "what hadow w ar, and what shadow we pm ue!" It is well that we ._hould for the lim lay aside our aCCll tom d work, and, for'" tful of our care ambitions, and Sll'if., pay tribute to the !if of one who but yesterday moy d amongst u. as an exemplar

of thc noblc t \'irtu that can race mankind j a brave Idi 1', an honor

tate man, an upri"ht jud"c a faithful fri nd, a lovin father a devot d hus-

band an < ff ctionat and dutiful n.

I fe I an aim t u er incapacity to xpr ,in reply to the addre . of the

commit what I know to lta\

n th high regard for Judg Tumer; and

the grcM appr iation of hi' lUany n ble and manly characteri ti f It with ut

exception by th 111 Il1ber~ of thi court. :\[y pers nal a quaintanc with Judg

Turn I' OIl1Ll1 nced with th be"innill" of that long and Il1 m rabl ~ ion f

th neral \ .., II1bly u[ thi 'tate h Id in th SUlllll1Cr and autumn of 1 j .

lIe wa chairman of the General .Juliciary ,01l1l1litle of th Hou of R pI' -

entativ ; and < uch it IDay be 'aid in all candor and without invidi u di-

tiuction that he was asily th lead I' f what was probably th tI'on ,('

Hou of R pI' ntath'e that h, aSl mbl I in thi 'tate in th h'il "'ar.

Ey chan c I feil into a p sidon which gase me, then a Ul re lad an pportu-

nity to know and 011: ne him in his daily ffi ial lif j and I can u'uthfully 'ay

that the impr 'si n til n cr at d up n my youthfnl mind has I' mained with m

to th p.' nt day and in the int J'\' ning year,; has been to 111 a con. tam

'onrc of benefit an I in piration. 'crupul u: car was "h' n to the lIlinut t

I arti ular f hi official duty. No bill was v I' l' poned from hi: cOlllll1itt

that h had not fully lI1aster d and with th mallest detail of which h wa

n t familial', .' well was thi' und I tood by hi, cia that wh n he 1'0

from hi at and ask d concul'l' n in th conclusion of this committ , it

wa rar Iy denied. A' chairman of the manag I lect d to formulate th

char"e and conduct one of th cel brated illli a hllleJlt trial in tituted by

that Hou: , he pro\' him If ~.n nnbiru d fair-mind d pI' cntor and a truly

great advocate.

His ongre ional career f rms a onspi uous part of OUl' national history,

and i familiar to stUll n of Am dcan affairs throu"hout the world. Jl wa

re"ard d not nly as a faithful, hon 't, and con ci ntiou. repr nt.athe but

al as th tru.~t d advi er of the PrtJ:i lent of the Unit d tate an as one of

the forcmost leader~ of his party.

His rvic upon thi' bench wa comparatively brief, but even so it \Y,

ufficient to d monstrat the po. e ion by him of a mind admirably poi ed and

accurately trained f I' tit . arch for tl'llth -rare qualities of intell t whi h

more than any thin" I'~ make for tru judicial 'reatne. orne of us knew

and 10\' d him bef I' h' cam to this court. When he left, there was not on

of hi br thren of the "own tha did no p, rt with him with a pang of re"ret

and cheri h f I' hi III th incer t aIT cti n.

Amon th mallY I mlllll: of trcngth in the character of Jud" Turner, the

on which sto d ou pre- min ntly an I whi h more wan anything I ,mark d

him t.ruly I' at a: a I i lator and a' a juri t, was his liielon a and untlag"ing

devotion t.o Truth. 'ir Fran i Racon reck n , Th I' are thre pans ill

truth: first, the in luiry, which is th \Vooin" of it . cond, tile knowled"e of

it which is th p S 11 e of it and thirdly, th beli f whi h is the njoym nt

of it.

f the. ubj ct of thi. III morial it may ju tly be aid that h was

familiar with all th l' I, tion. to \erity. II woo d Truth with kni htly d -

yotion j bowed rever ntly in its pI' nce; wedded it with an undi\'orcible af-

fection, and rejoiced ill i P

ion as a brid groom rejoice ill th nuptial

hour. To him th busin of life w, fund in the pursuit and iu the senice

of Truth. It wa a seriou engagement in which all hi' ener ie. weI' en-

listed. He knew that to believe is dangerous and to doubt i dan"erotts i

and hence he ought to posses the truth, that doubt might be dispelled, and

that beli f might ri to the height of confident know I dae. To an earne-t

mind like hi u h a arch for truth i no pastime. The philosopher Le iug

has 'aid: "Did th Almi"hty holding in His right hand' Truth' and in Hi

left LJand arch after Truth,' d ign to proffer me the one or th other, I

houldr IU t ar h aher Truth. ' This i but the vain ntiment of sport-

ive coqu try wilh Truth, a. ntiment of which Henry G. Tumer w incap-

able. Nor did he occul Y an a"nostic altitude of mind, which a ume that

Truth i: Imknown and unkn wable,-a disp 'ilion that i forever learnin"

an 1 y t i never able to com to th kllowled"e f the Truth. A mind whi h

embrac nothing with certainty is corrupted with ask pticism which lead it

to e tabli h only tran i nt liai n with the couclusion of a terile dialectic i '

one who doubts all womanly virtue Wal te lif ill gallantries and decline mal-

rim ny with any. f such trifling hi tron" int llect was impatient. Becau e

h thoroughly loved the truth h patiently pursu d it and, when he found it,

loved it with a d alhl de\'otion from which no ductions of elTor could

luI' him nor till at of pain intimidate him. This devotion i' the explanation

of that deliberaten with which he inve tinoated the ubj Cts which it became

his duty to und I tand. The movement of hi intell ct was not the sluagi h

motion of a dull mind, but Ille careful con i ntiousn which abhor hast

by so much as it dreads error and hate fal hood. Wherefore du tive

soph istrie', clad in modish attire and walking in hinoh place, could not de-

ceiv him nor impo e them Ives upon him nor win hi attention, a they are

able to cure acceptance from mind \\'hich lacking loyalty to Truth, are

hastily enamor d and asily enthrall d by popular fal ities and the transient

idols of the hour. Th re was about him a sober taidness which be poke tbe

virtuous mind and the l' olut oul within him. Thi wa. not the tubborn-

ne of prejudice n l' the ob tinacy of i"llOrance, but til teadine' of hone ty

and the. renity of a clear intellect. Tmtb which be e teemed as so valuabl

that it w, worth arching for willl ilie zeal and persi tence of one king

hidden treasure was to him too pI' cious to be surrendered in exchan"e for

the t.'l.wdry wares of no\elty-monaer , or abandoned at the bidding of popular

clamor. r 0 promised rewards of office nor m naces of political neglect could

move him from hi allegiance to what he knew to be true. Tmtll was a ne-

ce ity f hi intell ct as l' ctitude w, a l' qui ite of hi will; and he could

walk with calm content over the roughe t path and to the fartb t nd of the

mo t tedious way in the companion hip of verity and righteousne. But

while thus confident and courag ou ,hi character wa adorned by the mo t

engagin" mod ty and the mo. twin ome g ntlen

Men who have never

toiled painfully to win the truth nor nffered bra\"ely in its defense are easily

infiated by the po . ion of even the semblance of it, and maintain their un-

certain own r:hip with noi y weakne ; but one who knows what Tmtb co ts

re peCts It in other, holds it with humble confidence, and as erts it without mi -

giving or turbulence. With uch calm coura"e and weet reasonablene he

lived and labored amon" men i and from thi inexhaustable sprin" of faith in
Truth there pou\' d forth from him an unfailin courte r, like a cry tal rh"er,

diaphanou in its flow. Hi faith in the Truth brou"ht him serenity of mind i

but it was no blind faith that i . ued in an indolent and self-indulgent optimism.

No public man of his time in Georgia ha shown more unfaltering trust in Ule

final triumph of that which he believed to be true and right. But while he be-

lieved the truth must triumph in time, he did not accept for a moment that

false doctrine that' Truth triumphs by tim .' He knew that its vic tori are won not by time, but by incorruptible piriL~ enO'ag d in in vincible welfare. Lik Jo hua of old h mi ht have wi h d th un to tand till to gi\"e time enough for final victory j but with an xtend d day he would hay n busy in th fiO'ht, rather than ab orbed in admiration of the protra t d un hine j and becaw he f uO'ht thu bra\' Iy ther i I darkn and more 1i00ht in our land to day. lIe hal left to tho' who COUl after him a few Ie baltl to fiO'ht, and with th m the in pirati n fa ublime example in carryinO' on uch warfar as y t remain to be achi \' d.
And now tha hi' eanhly ar l' is end d, if not in perf t triumph 01' I' all the errol' which h opposed and in fa\"or o[ all th truth which he lo\"ed, y t, in unfaltering coura!( and un onqllerable fidelity to lh end, h lea\' II uo l' cord [or which to apolo"ize, no \\"1" nO' to xt nuat ,and nothinO' to regr t xcept that he i "on, Hi nei hOOrs ble s his memory and hi 1.>cre:w(:d faUlily refu e to be comfoned be ause h is not. llis brethr n Q[ th bar bonor him and hi olleaO'lles hold him in 1 ving and admiring l' m mbranc IIi nativ 'tate and th tat of hi adoption alik~ lament him, whil' \"iItuous men till' ughout th nation mourn hi departur. II ha dillon 'trated be[or our
ye th [easibility of trutl. awl riO"ht ou n" und l' all circum tance . and has e'tabli hed th olllf'lfting and whole om doctrin hat honorable manhood doe not n ed t to p to C nquer. A courte u 0' ntleman, a patri tic citiz II, an astute tate man, an incorruptibl judO" and;t blam I .. Illan h pas d away lea\"inO" all o[ us h P l' l' by th 10 o[ him,
I i ord red ha a paO' of III minutes b d vOt d to th III mory of our d cea d brother and that the pro eedillo of this day be publish d in the official reports.