e did not allude to his father by name
or description, but in replying to his arguments said: "It
is said in some quarters," or "An opposition comes from some
quarters" founded on such-and-such reasons. He got the sympathy
of his audience and carried his point. And from that time
nobody hesitated to trust Dwight Foster with any cause, however
important, from any doubt of his capacity to take care of
his clients.
He had been brought up as a Whig. But when the Nebraska
Bill was passed, he became a zealous and earnest Republican.
He was candidate for Mayor, but defeated on a very close vote
by George W. Richardson. He held the office of Judge of Probate
for a short time, by appointment of Governor Banks; was elected
Attorney-General in 1860 when Governor Andrew was chosen Governor,
and soon after was appointed Judge of the Supreme Court, an
office which he filled with great distinction, then left the
Bench to resume his practice, and died of a disease of the
heart which he inherited from his ancestors. He was Governor
Andrew's Attorney-General during the War, who said of him
that "he was full of the fire and hard-working zeal of Massachusetts."
He was the organ of the patriotism and energy of Worcester
at the seat of government during the war, looking out for
the interests of her soldiers, and always urging the brave
and vigorous counsel. I lost a stanch friend by his death.
I can sum up his qualities in no better way than by the word
"manliness." He never uttered an ignoble word, thought an
ignoble thought, or did an ignoble act. His method of speech
was clear, simple, spirited, without much pathos or emotion,
but still calculated to stir and move his hearers.
I had more intimate relations with Judge Thomas L. Nelson
than with any other member of the Worcester Bar except those
with whom I formed a partnership. We were never in partnership.
But after I went to Congress in 1869, he moved into my office
until his appointment to the Bench. So when I was at home
we were in the same room. He had been accustomed for a long
time before to employ me to assist him in important trials
before the jury and in arguments before the Supreme Court.
I suppose I am responsible for his appointment to the District
Court, although the original suggestion was not mine. After
the death of Judge Shepley, there was a general expectation
that Judge John Lowell, of the District Court, would be made
Circuit Judge. One morning on
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