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HISTORY OF ERIE COUNTY 425
high class of its judges, Charles H. Scribner, the author of Scribuer on
DoAver; George R. Haynes, and C. S. Bentley. Judge Scribner came to
the Circuit Bench as the culmination of a successful career at the bar,
and remained there till his death. He was deeply learned in the law
and received the compliment of being tAvice elected as a democrat in a
heavily republican district. Even Avhen he lost the use of his eyes he
Avould sit on the bench and in opinions perhaps too lengthy quote from
memory successive cases in an attempt to satisfy the defeated party of
the correctness of the decision he was rendering. He possessed a dry wit.
On one occasion the author Avas counsel in a case on an injunction bond,
Avhere one fisherman had attempted to enjoin another from fishing in a
part of Lake Erie. On the trial in the Circuit Court the plaintiff testified
that immediately after the injunction was issued by the Probate
Court the catch of fish fell off one-half. Judge Scribner leaned over
the bench and requested the author, AVIIO Avas cross-examining the plaintiff,
to ask the Avitness Avhat in his opinion Avould have been the effect
if the injunction had originally issued from the Circuit Court.
Judge George R. Haynes Avas justly proud of the fact that his career
as a circuit judge began with the creation of the court and continued
nearly a quarter of a century till his death Avhile he Avas still on the
bench. The playful remark of Rufus Choate in regard to Chief Justice
Slunv, "That he Avorshipped him for the same reason the Hindoo Avorshipped
his idol, because Avhile he Avas ugly he Avas venerable," Avas singularly
applicable to Judge Haynes. He Avas not, however, as homely
as the painting in the Court of Appeals room at Toledo would indicate,
Avhich is defective in several particulars, and especially too narroAV betAveen
the eyes. He Avas a large man about 6 feet high, Aveighing betAveen
250 and 300 pounds, with a kindly face, the honesty of Avhich Avas
the first impression conveyed to the beholder. At the age of eighty-four
he had a better memory than any of his younger associates on the bench.
He Avas one of the very I'CAV judges before Avhom I have appeared who
never looked over the bench to ascertain Avho AA'ere. the clients or their
attorneys. He paid no attention to anything but the facts and the laAV
as he believed it to be. One case Avas a singular instance of this. A
defendant had been fined $100 and costs by the Common Pleas Court
for violating an injunction against circulating an obscene and libelous
pamphlet. In the author's hearing Judge Haynes, some time before the
suit began, bad condemned the pamphlet in unmeasured terms. The
defendant desired a stay of execution, and under the statute had the
right to apply to all three judges or any one of them. He chose to apply
to Judge Haynes. On the argument, as soon as Judge Haynes learned
that the fine included the costs he granted the stay, and argument Avas of
no use. He AA'as one of the feAV men AVIIO successfully mixed religion and
laAV. He Avas a sincere belicA'er in Christianity and a judge AVIIO delivered
the poor Avhen he cried and Hie fatherless Avho had none to help him.
Judge C. S. Bentley is still alive and it is sufficient to say that he
\vas not uiiAVortby to sit in the company of tAvo of the greatest judges
before Avhom the author has appeared.