Entered according to act of Congress, in the year one thousand eight hundred and ninety-three,

BY BANKS & BROTHERS,

in the office of the Librarian of Congress, at Washington.

Rec. Dec. 29 1893

JAMES B. LYON,

PRINTER, ELECTROTYPER AND BINDER,

LYON BLOCK, ALBANY, N. Y.

OF

HON. FRANCIS A. MACOMBER,

Associate Justice of the General Term, Fifth Department.

DIED OCTOBER 13, 1893.

Upon presentation of the Monroe county bar memorial on the death of Judge MACOMBER before the General Term October 17, 1893, Presiding Justice DWIGHT responded as follows:

Judge MACOMBER had been permanently a member of the General Term since January, 1889, and during all that time had done his full share of the work of the court, and had gained a high and secure place in the esteem of his associates. They will greatly miss him from the daily intercourse of the court, from the social amenities which sometimes relieve its tedium, and, above all, from its consultations. It was there that they knew him best, and learned to value him highest. His was a mind conscious of its own rectitude, and, therefore, tenacious of its convictions; but he had no mere pride of opinion, and he yielded cheerfully to the force of authority, or of reasoning which pointed to conclusions different from his own. He possessed a competent knowledge of the law as it is declared by authority, and he was deeply grounded in the principles which underlie it.

He was thoroughly self-respecting and correspondingly free from self-assertion and from all that could offend the self-respect of oth ers. He had a most lively sense of the ludicrous, but he was sparing of ridicule, and his wit, though trenchant, was absolutely free from malice. He was remarkably self-contained, but the essential geniality of his character shone through his reserve in all his intercourse with his fellows. His devotion to the duties of his office was paramount and controlling; no other duty or pleasure was permitted to interfere with its exercise, and even the hand of wasting and fatal disease was powerless to restrain it until his physical powers were wholly subdued. His loss affects his brethren of the court with a sense not only of help withdrawn, but of personal

bereavement.

We have observed with satisfaction the appreciative and discriminating character of the resolutions of the bar of Rochester, and of the remarks with which they are presented, and we direct that they be entered at large on the minutes of the court.