ity could be found upon which to rest, and upon questions
outside of the beaten paths of jurisprudence as upon those
where he found aid in his great legal learning. He was a
remarkably acceptable _nisi-prius_ Judge, when holding court
in the rural counties, and, though bred in a city, where human
nature is not generally learned so well, he was especially
fortunate and successful in dealing with questions of fact
which grow out of the transactions of ordinary and humble
life in the country. He manifested on one or two occasions
the gift of historical research and discussion for which his
uncle Francis was so distinguished.

It was my sorrowful duty to preside at a meeting of the Bar
of the Supreme Court of the United States to express their
sense of their great loss and that of the whole country,
after Gray's death.

I add some extracts from the remarks which I made on that
occasion:

The Bar of the Supreme Court of the United States come together
to pay a tribute of honor to a great lawyer and Judge. I
shall have, I am sure, another opportunity to put on record
my own sense of the irreparable loss of a dear friend and
comrade of more than fifty years. To-day we are to speak,
as members of the Bar, of an honored Judge whom the inexorable
shaft has stricken in his high place.

He was in his seat in the Supreme Court of the United States
for the last time Monday, February 3, 1902. On the evening
of that day he had a slight paralytic shock, which seriously
affected his physical strength. He retained his mental strength
and activity unimpaired until just before his death. On the
9th day of July, 1902, he sent his resignation to the President,
to take effect on the appointment and qualifying of his successor.
So, he died in office, September 15, 1902.

On his mother's side Judge Gray was the grandson of Jabez
Upham, one of the great lawyers of the day, who died in 1811,
at the age of forty-six, after a brief service in the National
House of Representatives. He was settled in Brookfield, Worcester
County. But the traditions of his great ability were fresh
when I went there to live, nearly forty years after his death.
The memory of the beauty and sweetness and delightful accomplishment
of Mr. Upham's daughter, Judge Gray's mother, who died in
the Judge's early youth, was still fragrant among the old
men and women who had been her companions. She is mentioned
repeatedly in the letters of that accomplished Sco