Graham, was employed to conduct the impeachment. In this employment he won his greatest title to fame. To him was given the duty of examining the witnesses, and his examination was perfect. It was as fine an exhibition as has ever been seen in tne conduct of a legal cause.
In 1871 he was candidate from Wake County for the convention, together with D. M. Barringer, Governor Bragg, and Green H. Alford, but was defeated, and the convention was not called. In 1872 he was nominated for governor, and made a thorough and strong canvass of the entire State. He was believed to have been fairly elected; but on the face of the returns his opponent, Governor Caldwell, was seated by a small majority.
In the legislature ensuing the election, 1872-73, the United States Senatorship was warmly contested between him and Governor Vance. After a long contest Judge Merrimon succeeded, and served his full term of six years (1873-79). In the Senate he added to his well-earned reputation, and the State never had a more faithful or watchful representative. He was an indefatigable student, and thoroughly familiarized himself with all questions coming before the Senate. After the expiration of his term he resumed the practice of his profession in Raleigh till Sept. 29, 1883, when upon the resignation of Judge Ruffin he was appointed by Governor Jarvis Associate-Justice of the Supreme Court. This appointment was ratified by an election by the people, and he continued to fill the post till the death of ChiefJustice Smith, Nov. 14, 1889. when he was appointed Chief-Justice by Governor Fowle. He was unanimously nominated by the Democratic Convention in 1890, and elected by a majority of over forty thousand votes.
His opinions will be found in twenty-two volumes, from 89 to the 110 N. C. Reports, inclusive. Among them may be noted : Burns v. McGregor, 90 N. C. 222, which holds that while a married woman is not bound by a contract of purchase to pay the purchasemoney, she cannot avoid the contract and keep the purchased property. Bunch v. Edenton, 90 N. C. 431, and White v. Comm'rs, Id. 437, hold that a town is, and a county is not, liable for injuries sustained from defective highways. Branch v. Walker, 92 N. C. 87, and Foley v. Blank, Id. 476, hold that the term expires whenever the judge quits the bench, and does not extend to the end of the week or weeks allotted for such term. Rencher v. Anderson, 93 N. C. 105, affirms the independence of the Supreme Court from legislative control, and has since been followed by Horton v. Green, 104 N. C. 400. 94 N. C. Reports contains 1,220 pages, and was the work of the three judges then composing the bench at ont term of four months. It contains very many valuable opinions. Dare v. Curribuck, 95 N. C. 189, reaffirms that the legislature can abolish, alter, or create counties at will. In Wood v. Oxford, 97 N. C. 227. it is decided that the legislature may authorize municipal corporations to subscribe to railroad and other public companies, but not to aid a purely private enterprise. State v. Giersch, 98 N. C. 720, holds that the words '-spirituous liquors " in the Local Option Act embrace wine, lager beer, and all other liquors, whether produced by fermentation or distillation, which by their free use produce intoxication. State v. Pearson, 100 N. C. 414, decides that after sentence passed a prisoner is not entitled to .'prison bonds." Jones v. Lee, 102 N. C. 166, holds that an injunction will lie in favor of a creditor against cutting timber upon the " homestead." Brown v. Brown, 103 N. C. 221, is a review of the subject of legislative control over Indian lands in this State, and the effect of the treaty of Holston. State --. Boyle. 104 N. C. 800, is the well-known case of the conviction of a Roman Catholic priest of rape. Board of Education v. Comm'rs, 107 N. C. 110. discusses the constitutional limitation of taxation. Van Amringe v. Taylor, 108 N. C. 196, passes upon the validity of an election, and what constitutes an officer de facto. In the 108 N. C. 805, the court adopted a rule providing for the citation of the Reports, prior to the Sixty-third, by number instead of as previously by the name of the reporter. Van Story v. Thornton, 110 N. C. 10, is an interesting opinion as to the instances in which the "homestead" may be reallotted.
At the age of twenty-two he married a beautiful and lovely woman, Miss Margaret Baird, daughter of Israel Baird, of Buncombe County. She survives him, together with four sons and three daughters. His eldest daughter is the wife of Hon. Lee S. Over man, a popular and talented gentleman, who has often represented Rowan County in the legislature, and who has recently been again chosen to that body. Judge Merrimon left several brothers, among them Hon. James H. Merrimon. for many years a judge of the Superior Court, from which he lately resigned.
Judge Merrimon's work is before the world. North Carolina has long since made up her estimate of his character. That with his disadvantages in early life he should have risen to be one of the leading lawyers in the State, Chief-Justice, and United States Senator, and accumulated a handsome estate besides, argues the possession of no ordinary talents. Neither in public nor private life has the slightest spot or blemish attached itself to his name. Faithful to his work, faithful to every duty, he has left behind him an example to encourage young men who set before them selves a high ideal. He was a man of great singleness of purpose, and "an Israelite indeed in whom there was no guile." Long an earnest seeker after truth, in his last illness he connected himself with the
