Central Valley, a noted summer resort, is the most thriving and

populous village in the town, on the Newburgh branch of the Erie

railroad. A post-office was established here December 27, 1871.

Alfred Cooper was appointed postmaster and held the position many

years. Mr. J. M. Barnes received the appointment of postmaster in

1885 and again in 1892. Henry T. Ford, the present incumbent,

received the appointment July 15, 1899. Among the leading industries

of the village is the Bamboo fishing Rod factory of which Reuben

Leonard is superintendent. This was established by the late Hiram L.

Leonard, who came to Central Valley in 1881. The Leonard rods are

shipped to all parts of the world where fly-fishing is pursued. The

carriage factory of R. F. Weygant's Sons is another important

industry. It was established in 1867 by Robert F. Weygant, who died

September 3, 1902. He was a descendant of Michael Weigand of the

Rhine Palatinate, who settled at Newburgh in 1709. The sons, Frank E.

and Fred, conduct the Central Valley establishment, and William M.

operates the blacksmith shop and garage at Tuxedo. The flour and

grain warehouse of J. M. Barnes had an extensive trade. Mr. Barnes

located in Central Valley in 1876, engaging in the mercantile

business with Alfred Cooper. In this village is located the office of

the superintendent of the Good Roads Construction Company, Mr.

Charles T. Ford, who in his sixty-third year is one of the most

active citizens in the county. Many miles of good roads in Orange

County are evidence of the splendid work accomplished under his

direction. Here also is a branch of the Arden Farms Dairy Company.

Both these enterprises are the product of Mr. E. H. Harriman, who

owns extensive farms throughout this section. Mr. Isaac L. Noxon

erected many of the beautiful homes and other substantial structures

in and adjoining the village. He also conducted for a time a

classical boarding school. Here also was the home of the Cornell

Institute, a high-class boarding and day school of which Mr. David

Cornell was principal. In the fall of 1885 Tomas Estrada Palma

established the Palma Institute over which he presided. It was a

school for boys in which they were prepared for college, English,

French and Spanish being taught. Mr. Palma was a Cuban and in 1868

joined the Revolutionists. After fighting nine years he was captured

and taken to Spain, where he spent a year in prison. His first visit

to Central Valley was in 1879, making his home here with Mr. David

Cornell. "Falkirk," an institution designed and built for the special

care of patients suffering from nervous diseases, was founded by Dr.

James Francis Ferguson in 1889. Its elevated location, a mile and a

half from the village, and the beautiful surroundings, contribute to

make an ideal home for such patients. Following the death of Dr.

Ferguson in 1904, the sanitarium was conducted for two years by Dr.

Henry A. Ferguson and William E. Ferguson, when it was purchased by

Dr. Carlos F. MacDonald, who has associated with him Dr. Clarence J.

Slocum as resident physician. Among the New Yorkers who occupy their

homes here during the entire year may be mentioned Mr. Edward

Cornell, Mr. W. E. Ferguson, Mr. Davidson, Mr. Theboldt and Mr.

Bullwinkle.

Highland Mills is situated about a mile north of Central Valley, and

is the home of the descendants of some of the earliest settlers in

this region, notably the Cromwells, Townsends and Hallocks. The place

grew up around the mills established at this point. The Townsend

tannery and the Townsend flour mill were in operation many years ago.

The place was formerly known as Orange and a post-office was

established here under that name in 1828. Mr. Vail was the first

postmaster. He was succeeded by Peter Lent in 1844, and a few years

later Morgan Shuit received the appointment. It was about this time

that Mr. Shuit began taking an active interest in local politics in

which he soon became a leader. For thirty-one years he was

supervisor of the town, and for a like period justice of the peace.

From 1879-1880 and 1880-1881 he was a member of the State

Legislature; retiring from a mercantile career in 1864, he purchased

large tracts of farm land, and followed this vocation to the time of

his death in 1884. Among the business enterprises of the village is

the fishing line factory; the high-class livery of Tannery & Hull,

whose stables contain forty head of horses; the fish rod factory of

Edward Paine, and the firms of Jarnes & Terry and Harding & Eames,

building contractors. The leading mercantile establishments are

those of George Cromwell, B. S. Pembleton and Albert Fitch. The

present postmaster is Henry Hallock. The only hotel in the village is

conducted by George Lamoreux. Hill Crest, a fashionable summer hotel,

is a mile and a half west of the village. It has accommodations for

two hundred and fifty guests. The Cromwell Lake House, bordering on

this beautiful sheet of water, accommodates one hundred and fifty

guests, and is conducted by Oliver Cromwell. The water supply for the

villages of Highland Mills and Central Valley is obtained from

Cromwell Lake.

[Illustration: James F. Ferguson, M.D.]

Woodbury Falls is a hamlet in the north part of the town, taking its

name from the falls in Woodbury Creek. It was formerly the seat of a

furnace. A post-office was established here August 11, 1874, and

Lewis A. Van Cleft was the first postmaster. James Seaman is the

present incumbent.

The specific details of the settlement of this region are blended

with the histories of the towns of Cornwall and Monroe, to which the

reader is referred.

CHAPTER XXXII.

THE BENCH AND BAR.

By William Vanamee.

At the unveiling in Goshen, September 5th, 1907, of the monument in

memory of the gallant soldiers of the 124th Regiment, erected by that

modern exemplar of medieval knighthood, that truest of men, of

gentlemen and of heroes, Thomas W. Bradley, it was mentioned by one

of the speakers that just forty-five years before, upon that very

spot, as the regiment was about to start for the front, the stand of

colors destined to be carried by it through many a battle, was

presented to it in behalf of the Daughters of Orange by Charles H.

Winfield.

His noble, inspiring speech upon that occasion was fitly responded to

in behalf of the regiment by David F. Gedney, then Mr. Winfield's

only rival at the Goshen bar and his acknowledged equal. The highest

praise that can be bestowed upon either is that each feared for the

success of his cause when opposed by the other. Indeed they were

nearly always opposed, for what timid, anxious client, learning that

his adversary had engaged the services of one, ever failed to suggest

to his local attorney the importance of averting prospective defeat

by the employment of the other. This remark of course applies chiefly

to litigations arising in the Western end of the county, in which the

trials were usually held at Goshen, for in Newburgh, Stephen W.

Fullerton, who was admitted to the bar in 1844, just one year before

Mr. Gedney was admitted and two years before Mr. Winfield, had from

the first successfully challenged their supremacy in the county at

large. Well might he do so, for while he was not the equal of

Winfield in magnetism and force or of Gedney in scholarship and

style, yet he excelled them both in acuteness, in industry and in

mastery of the rules of evidence. This, then, was the great

triumvirate that forty years ago reigned supreme throughout the

county of Orange in the affection of their associates, in the

admiration of juries and in the plaudits of the multitude--Winfield,

Gedney, Fullerton. All three possessed genius of an uncommon order

and no court, however insensible to the graces of oratory, could

wholly restrain its flights or direct its course. When the vexatious

details of the testimony were over--for in those days the testimony

was regarded by the public as a tedious formality preparatory to the

great event of the trial, the summing up--and when it was understood

that the addresses to the jury were to begin, the courtroom was

quickly filled by people from all parts of the county, eager for the

intellectual treat that was sure to follow. Winfield was wont to

begin his closing argument somewhat slowly and even laboriously. This

was due partly to the habit of his mind, which required the stimulus

of exercise to quicken it to its highest exertions, but partly also

to rhetorical design, by which he sought to make his subsequent

outbursts of impassioned eloquence seem wholly unstudied, spontaneous

and irrepressible. Indeed, they usually were. As the thought of his

client's wrongs surged in upon him, as he dwelt upon his client's

right to protection or relief, or contemplated the disaster involved

in defeat, his words could scarcely keep pace with the torrent of

impetuous, sincere and deep emotion on which they were upborne. He

always struck the human note which the case presented. To him a trial

did not involve a mere application of legal principles to an

ascertained state of facts, but to him every case, however dry,

barren or abstract, was a human drama. He saw, with the eye of

imagination and the insight of genius, those forces of hate and

revenge, of greed and falsehood, of cunning and cruelty, of devotion

and affection, of honor and truth, which in one form or another,

surcharge every trial, and project their palpitating figures upon the

most intensely vital, vibrant stage for which the scenes were ever

set--the conscious court-room, the austere judge, the impassioned

advocates, the enthralled spectators; human life or liberty, human

happiness or despair, human rights or relations, hanging in the

balance upon a jury's nod. All this Winfield saw. In every trial the

panorama of human life unfolded itself to his inspired vision. He

took the broken, confused fragments of human testimony and subjecting

them to the kaleidoscope of his own fervent, symmetrizing, mirroring

imagination, they were transformed into pictures of beauty or shapes

of evil, as he willed.

[Illustration: William Vanamee]

It can easily be imagined that his power over juries was well nigh

irresistible. If David F. Gedney, who was so often pitted against

him, had sought to counteract his influence by the exercise of

similar gifts, he might well have despaired of success. But happily

for himself and for the delight of juries and the bar, no advocates

were ever more unlike each other in method of argument, in point of

attack, in form of expression, in appeal to the sentiments, than

Winfield and Gedney. Winfield filled the eye; Gedney charmed the ear.

Winfield visited upon wrong or duplicity the bludgeon blows of

invective. Gedney pierced it with the envenomed shaft of sarcasm.

Winfield sought to break the armor of his adversary with the broad

axe of denunciation. Gedney penetrated it with the slender arrow of

wit and the fatal spear of ridicule. To Winfield language was a

necessary vehicle of thought, a familiar medium of expression. To

Gedney language was a divine instrument, over the responsive chords

of which his master touch swept with unerring taste and classic

grace, evoking notes of exquisite harmony and images of surpassing

beauty. The words that flowed unbidden from his enchrismed lips were

music indeed. His sentences, chaste and polished as though chiseled

in the very laboratory of thought, were but the unconscious

reflection of a mind steeped in the literature of every age and

tongue. Even Winfield often found to his dismay that those weapons of

solid argument which would have defied all the onslaughts of the

gladiator, were powerless before the arts of the magician. Not indeed

that Gedney elevated style above matter or sacrificed strength to

beauty. But in him style and matter were so delicately balanced,

beauty and strength so discreetly blended, that each borrowed from

the other and none was poorer for the exchange.

The personal characteristics of the two men were also different.

Winfield loved the approbation and applause of his fellows and

aspired to political honors. Gedney looked out upon the world with

philosophic calm, undisturbed by its clamors and untempted by its

baubles. The only offices which he held were strictly in the line of

his profession--district attorney and county judge--while Winfield

acquired a conspicuous position in Congress at a time of intense

public interest and excitement. Winfield bore defeat with impatience,

Gedney with equanimity. Winfield, who especially could not endure the

thought of defeat by a younger adversary, often treated him with

unnecessary severity; always, however, taking care to express his

regret afterwards that the heat and zeal of conflict had carried him

too far. Gedney, on the other hand, never suffered to arise the

occasion for apology or regret. He disdained to use his unrivaled

powers of sarcasm and ridicule at the expense of a weaker adversary,

and throughout the entire course of a trial, he was scrupulous not to

say one word which might in any degree wound the sensibilities of a

younger member of the bar. Moreover, he always look pains to speak a

word of encouragement and praise to the younger lawyers whenever

their maiden efforts justified interest or respect.

Gedney's happiest hours were passed at his own fireside, while

Winfield loved to mingle freely with his fellow men. But Winfield's

children had died, one by one, in childhood, and it is pathetic to

recall that he sank to his long sleep while addressing little

children on a peaceful Sunday afternoon in June, just sixty-six years

after his eyes had opened not far away on a world in which he was

destined to reap many cruel sorrows, some substantial rewards, and

all the mocking, delusive delights of a transient fame.

His friend, Judge Gedney, followed him only a month later as he sat

upon the porch of his home in Goshen. As together they had journeyed

through life, sharing its burdens and its conflicts, so in death they

were not long separated, and in the manner of their summons they were

alike blessed, for to neither did it come upon a bed of lingering

illness.

Their lifelong friend, Judge Stephen W. Fullerton, was not so

fortunate. Surviving his old associates fourteen years, he lived to

see the world march past him and to realize the bitter truth that

it takes but little interest in a lawyer, however prominent, popular

or useful he may have been, after his activities and usefulness have

ceased. And yet Judge Fullerton possessed some traits of character

which should have ensured him, above all his fellows, from the sharp

tooth of either ingratitude or neglect. He actually gave away three

fortunes. His generosity knew no bounds. An appeal to his sympathies

was never made in vain. A claim put forward in the name of friendship

was to him sacred and admitted of no hesitation. Every consideration

of selfishness or even of prudence went down before the spectacle of

a friend in need. It was inevitable that a nature so generous and so

confiding should often be imposed upon by unworthy claims, but to

these he never referred with bitterness or even regret. A few dear

friends, including especially Judge Hirsch berg and Walter C. Anthony,

were true and faithful to the last, and it must be a satisfaction to

them to know that their loyal, undeviating attachment cheered and

consoled the last hours of a lawyer who once shared with Winfield and

Gedney undisputed preeminence at the bar of Orange County.

For never were tender, affectionate and generous traits of

character--often assumed to be inconsistent with the coldness and

sternness of the law--joined to a more severe, patient, thorough,

comprehensive training in the law than in the case of Judge

Fullerton. To him the law was a science and the practice of it an

art demanding the sleepless pursuit and worship of its votaries. To

the principles of such a science and the rules of such an art, having

for their object the most exalted end of all organized society, the

establishment of truth and the maintenance of justice, he was willing

to consecrate the noblest energies of his mind and heart. To him no

labor was too hard, no sacrifice too great to deter him from

mastering the minutest details of a complicated case or from

ascertaining and applying the principles by which it should be

governed. When he came to court to present it every form in which

difficulty might be apprehended or obstacles interposed had been

anticipated and provided for. He always tried the case on both sides

before he went to court, and his opponents never raised many of the

points which he, in his anxious survey, had most dreaded. His

thorough knowledge of the rules of evidence enabled him to introduce

testimony upon some minor issue in the case which was afterwards used

with telling effect upon the main issue. In his addresses to the jury

he discarded every appeal to mere sentiment and sought to impress

only their reason and their judgment. His analysis of the evidence

was so close and perfect, his presentation of it so clear and

convincing that the jury were led to think that his was the view they

had taken of it all the time it was being given. Gathering up the

different threads of narrative in the case he wove them together in a

strand of pitiless, impervious, cohesive logic that not all the

frantic efforts of his adversary could avail to unwind. Such was the

man who, like Gedney, had also been county judge and district

attorney of the county, to whom Mr. Marsh, as the spokesman of the

Orange County bar, paid fitting tribute at the Newburgh court house

in June, 1902--Luther R. Marsh who at the time of his own death in

1903, constituted the last lingering tie between the present and the

past.

No history of Orange County is complete that fails to chronicle the

twelve years' residence of Luther R. Marsh, who imparted luster to

every scene in which he mingled, dignity to every spot in which he

lingered. He spent in Middletown the closing years of a life which

had been marked by the most intense ardor and activity in his

profession, and, though he had retired from active practice when he

settled in Orange County, he was drawn into court after that upon two

occasions in litigations arising in the county. The intimate friend

all his life of Orange County's ablest sons, from the Hoffmans to the

Fullertons, he became the friend, the companion, the idol of a new

generation of its lawyers when he came to Middletown in 1889, being

then nearly eighty years of age. For though he lived to be ninety, he

never became old, worn or feeble in spirit. In a public speech

delivered a few months before his death, he declared that to be the

happiest period of his life. In his daily walk and conversation he

exemplified the philosophy of Rabbi Ben Ezra, as expressed by

Browning:

"Grow old along with me!

The best is yet to be,

The last of life, for which the first was made;

Our times are in His hand

Who saith 'A whole I planned,

Youth shows but half;' trust God; see all,

Nor be afraid!"

Nor was he afraid. His daring vision sought to pierce the secrets of

the hereafter. For a long time before his death he was deeply

interested in spiritual phenomena and in the investigation of those

manifestations of persistent personal energy after death, the

authenticity of which constitutes the only proof we can ever obtain

of the doctrine of immortality. Trained to estimate the weight and

value of evidence, engaged during his entire professional career in

convincing arguments as to its proper construction and effect, he

accepted as sufficient and satisfactory the evidence adduced to him

of communications and impressions still conveyed, as the church even

now maintains they were of old, from those who have passed on to the

spirit world.

But, though during his later years he clearly saw how trivial were

the ordinary ambitions and pursuits of men; though his thoughts

became more and more centered upon things spiritual and eternal, yet

he never lost his interest in the sterling values and, above all, in

the beautiful friendships of life. Childhood, youth and manhood held

each its claim upon his tender regard, his ready understanding, his

never-failing sympathy. To him more than to any man I ever knew do

Goldsmith's immortal lines apply:

"E'en children followed, with endearing wile,

And plucked his gown, to share the good man's smile.

His ready smile a parent's warmth exprest;

Their welfare pleased him, and their cares distrest;

To them his heart, his love, his griefs, were given,

But all his serious thoughts had rest in Heaven:

As some tall cliff that lifts its awful form,

Swells from the vale, and midway leaves the storm.

Though round its breast the rolling clouds are spread,

Eternal sunshine settles on its head."

Luther R. Marsh was unquestionably the most original, brilliant,

fascinating, prolific, versatile genius that ever dwelt in Orange

County during the years in which in him it "entertained an angel

unawares." He mingled on equal terms with the greatest men of his

generation. He was a partner of Daniel Webster. Among my most

cherished possessions is the tin sign which Mr. Marsh had framed and

hanging for many years in his study, bearing in his own handwriting

the inscription:

"Luther R. Marsh.

"In 1845, on Mr. Webster's retirement from business to return to the

Senate of the United States, I took this sign off from our office

door, 44 Wall Street, New York, where it had been during our

partnership."

When Webster was dying in 1852, Henry J. Raymond, the gifted editor

of the New York Times, wrote:

"My Dear Marsh:--We hear from Marshfield that Mr. Webster cannot live

through the day. I want from you, if it is possible, for to-morrow

morning, an article--of what kind you know a good deal better than I

can tell you. . . . No man in this city certainly can do it so well.

Nine o'clock this evening, or even ten, will be early enough to have

it here.

"Yours as ever,

H. J. Raymond."

The article, occupying over four columns, was there on time. Mr.

Marsh, that afternoon, upon a moment's notice, at a single stroke,

threw off an estimate of Webster's genius and achievements that never

was excelled later, even in the glowing, studied periods of Everett,

Winthrop, and Curtis.

When in 1869, Henry J. Raymond died, Mr. Marsh was invited to become

his successor, but he declined the honor fearing that the position,

though congenial to his tastes, would be too exacting in its demands.

When we consider that at this time Mr. Marsh was besieged by clients

and immersed in cases; when we consider, too, that a busy lawyer is

the last one to whom a publisher would naturally turn (for there is

no class of men in whom the truly literary instinct combined with the

gift of literary expression is so rare as among successful lawyers),

this recognition of the unique literary distinction which Mr. Marsh

had attained, even while engaged in the fiercest legal contests with

such hard-headed lawyers as David Dudley Field, John Van Buren,

Charles O'Conor, James T. Brady, John K. Porter and Judge Comstock is

most impressive and conclusive. But in his forensic contests the

lawyer dominated the _litterateur._ Any opponent who thought that

because of Mr. Marsh's finished, faultless, elegant literary style he

would escape hard blows and sturdy onslaughts soon learned his

mistake. He was, at about the time he received this offer from the

_Times,_ in the very zenith of his powers and his fame. Mr. Hunt, then

the superintendent of public schools in Massachusetts, thus wrote in

1873, of a trial he had just attended, in which Mr. Marsh was opposed

to Joseph H. Choate:

[Illustration: John C. R. Dayton]

"I shall never forget the spectacle of that trial; from the opening

to the close, it was the most perfect thing I ever saw. Having

entered upon the study of law in the late William Pitt Fessenden's

office; having seen many able lawyers conduct cases in court--Fessenden

and Evans in Maine, Rufus Choate and other great lawyers in Boston,

and, in the South, Yancey and others--allow me to say that I never saw

anything to be compared with the ease, dignity and power with which Mr.

Marsh managed everything."

But his splendid gifts and varied powers could not be restricted in

their exercise to the energies of the law and the graces of

literature. Equally fitted to shine in society or among scholars, in

pulpit or press, on the rostrum or in the forum; always _facile

princeps_ as poet or preacher, essayist or journalist, publicist or

philanthropist, advocate or orator, his un-approached range and

versatility mark him indisputably as the Admirable Crichton of his

land and age.

During the period covered by Mr. Marsh's impressive eulogy upon the

character and attainments of his friend Stephen W. Fullerton, the

Orange County bar was enriched by the weight, the influence and the

learning of a group of lawyers whose temperament disinclined them to

the fierce excitements, the rude conflicts, the temporary triumphs of

the forum. Foremost among them was Eugene A. Brewster, who, though he

personally argued his cases with great ability and success before the

appellate courts, where reason and reserve count for more than fervor

and fluency, was unskilled in the art of swaying a jury against its

will or snatching a verdict against the evidence. Mr. Brewster's warm

admiration for his great preceptor, Judge John W. Brown, may have

unconsciously influenced his bearing, but his moral and intellectual

equipment was entirely his own. This embraced a deep sense of the

responsibility resting upon every lawyer to sustain the honor and

dignity of an ancient and honorable profession. He scrupulously

maintained throughout a busy and active career the high ideals with

which he started out. His aim was to ascertain the truth, not to

circumvent it; to apply the law, not to evade it; to draw from the

fountains of justice, not to pollute them. He enjoyed the respect of

the courts, of his brethren and of the public because of his

character as well as his ability, his virtues as well as his talents.

His whole life was a steady influence working for honesty in the

moral fibre of the community; a persistent power making for

righteousness; a never-failing light guiding to the path of safety

and of honor. In him were incarnated those conserving principles,

those formative influences, those stimulating ideals, those ennobling

traditions which impart dignity to human life, strength to human

character, stability to human society.

David A. Scott was another eminent member of the same group. As

surrogate of the county for two terms his administration was

distinguished by an unusual display of those qualities of breadth,

wisdom, patience, knowledge of human nature and capacity for affairs

so peculiarly requisite in a probate judge exercising jurisdiction

over the saddest controversies, disclosures and scenes ever presented

for adjudication--contested wills, disputed claims, angry

accountings, recrimination between brother and sister, calumniation

of the dead, sordid passions and petty avarice disrupting old

friendships and family ties. In calming these dissensions whenever

possible and in deciding them whenever necessary Judge Scott

manifested that happy blending of tact, temper, common sense, sound

judgment, practical sagacity and professional learning so essential

in the office of surrogate. I say judge because the title surrogate

is a most unfortunate one. The office is known in other commonwealths

as that of probate judge. People are so influenced by mere names that

if such were the title here the claims of an able surrogate to public

respect would be more fully understood. When it is considered that

once in every generation the entire wealth of the county, including

vast fortunes amassed elsewhere by those who die residing in it, is

administered upon in this court and that nearly all the intricate and

perplexing questions involved in its distribution are passed upon by

the surrogate, it will readily be seen that the duties and

responsibilities of this office are among the most important,

extensive and onerous that can devolve upon judicial officers.

It is now nearly fifty years since David A. Scott entered upon the

duties of this office. There are those who still remember the dignity

and grace with which he discharged them. It is forty years since he

laid them down. One year after the close of his second official term

and one year after Judge Michael H. Hirschberg had been admitted to

the bar, they entered into a partnership under the name of Scott &

Hirschberg, which continued until Mr. Scott's death. What this long,

close association meant to the younger member of the firm he alone

fully knows. Surely he would be the last to repel the suggestion that

it doubtless profoundly influenced a character still sensitive and

impressionable when the intimacy began. Indeed he himself bore

affectionate testimony to this impress when, in the court

proceedings, held to honor his dead friend's memory, he said: "For

more than twenty-one years we have labored together side by side in

the perfect intimacy and union of the partnership relation, and

realizing how very much I am indebted to his precepts, his example

and his support; with only sweet and grateful memories of that

connection now remaining, wholly unalloyed by even the momentary

shadow of doubt or distrust, and un-vexed by even an occasional

suggestion of discord or dissension--indeed one long and unbroken

period of harmonious intercourse, of joint and cheerful endeavor, and

of undisturbed confidence and esteem, I deem it a duty no less than a

privilege to add my humble meed of praise to the chorus of eulogy

which I am sure will greet his memory to-day."

In closing his tribute Judge Hirschberg said, with the heartfelt

concurrence of the entire bar:

"And so passed away forever an honorable lawyer, a faithful friend, a

loving father, an estimable citizen, a good man. We will all miss his

familiar form, his friendly greeting, and his kindly presence. Let

his virtues be commemorated in the records of the court. Let the

sweet and wholesome fragrance of his memory remain, to inspire

lawyers, living and to come, to emulate his upright deeds, and to con

the lasting lessons of his pure and simple life."

And now as we pause in the contemplation of this fine and beautiful

character there rises before the mind another figure associated with

the days of Winfield and Gedney in Goshen; of Fullerton, Brewster and

Scott in Newburgh--the figure of James G. Graham. It is difficult to

classify him in either group to which reference has been made. A

constitution naturally delicate led him to shrink from the strife and

turmoil of sharply contested trials and to prefer the seclusion of

his office and his library. Yet no lawyer of the period under

consideration approached him in the kind of oratory adapted to

public and ceremonious occasions. Indeed James G. Graham stands in a

group or class alone. None but himself could be his counterpart, for

he was compacted of every creature's best. In serenity he was equal

to Scott, in strength to Winfield. In counsel he was as wise as

Brewster, in speech as gifted as Gedney. While in vigor of expression

he may be compared to Winfield and in felicity of style to Gedney,

yet he excelled them both in a certain tender grace, a poetic touch,

a romantic spell, an iridescent play of fancy and sentiment which

were the spontaneous reflection of an ardent, imaginative, spiritual

temperament, united to and controlled by exquisite literary taste.

He never received, either in life or in death, the public recognition

due to his splendid gifts and exalted character. He was ever generous

in his own praise of substantial worth. His tributes to his departed

brethren were marked by peculiar elevation of thought and tenderness

of sentiment. A work professing to be history, seeking to readjust

the balances in which the superficial judgment of contemporaries is

corrected by the tardy recognition of posterity, should not fail to

register the star of James G. Graham in that brilliant constellation

from which Marsh and Winfield, Gedney and Fullerton, Brewster and

Scott shed undying refulgence upon the traditions and memories of the

Orange County bar. Let a garland of affectionate, reverent homage

entwine the memory of one who never failed himself to lay a chaplet

of rosemary upon the grave of friendship.

To this period also belongs Abram S. Cassedy. Admitted to practice

just fifty years ago, his rise from the time that he settled in

Newburgh was so rapid that he came into professional relations with

the members of both groups which have been considered, though they

were all admitted to the bar several years before. Indeed he belonged

to both groups. He was emphatically what is meant by the expression

"an all-'round lawyer." He could work patiently and assiduously in

his office drawing contracts and giving counsel and then proceed to

the courtroom to try his cases. His knowledge of the law commanded

the respect of the courts, while his earnestness and sincerity

produced a favorable impression upon juries. He was essentially a

man of affairs, equally at home in the bank directors' meeting, the

common council, the mayor's office and the board of education. He was

corporation counsel of his city and district attorney of the county.

He was the executor of large estates and the trustee of great

interests, one of the most important of his transactions being his

sale of the West Shore Railroad for the sum of $22,000,000, and his

distribution of the fund. In all the positions that he occupied and

all the capacities that he filled he was animated by the very highest

ideals of professional honor and personal probity. In many ways the

influence of his life and the force of his example have been more

persistent and abiding in Newburgh than in the case of lawyers whose

fame has been exclusively in the courts. His interesting and

stainless career affords a striking illustration of the results which

may be accomplished by an acute and active mind concentrated upon one

leading object and directed in its energies by a simple, sincere,

straightforward, undeviating devotion to the noblest standards of

public duty and private honor.

Looming large and masterful in the second group of lawyers, the

friend and associate of Winfield, Gedney and Fullerton, who always

valued highly his legal opinions and who frequently were influenced

by them, though he distrusted his own ability to cope with them in

court, comes the figure of John G. Wilkin. Twice elected county

judge, the first time in 1851 and the second time in 1883, the

interval between these elections was marked by the presence and the

power of his persistent, aggressive, dominating, yet at the same time

winning, gracious, picturesque personality. Born to command, the

exciting times in which he lived, covering the most painful period of

our national history, tended to develop his natural powers of

leadership. He had a talent for friendship. His absolute devotion to

his friends in times of adversity and defeat confirmed a leadership

which, however, was constantly challenged by those who, because they

could not control him, sought to crush him. He tasted many a time the

bitter truth of Joubert's epigram that a man who by the same act

creates a friend and an enemy plays a losing game, because revenge is

a stronger principle than gratitude. But Judge Wilkin never knew

that he had lost. He never accepted defeat. Like his old friend

Halstead Sweet, who always began the day after election to prepare

for the next election, the hour of Judge Wilkin's defeat was the most

dangerous one for his enemies. In the case of such a character,

deeply implanted with the love of power for its own sake as well as

for its rewards, it was inevitable that it should pass through many

periods of storm and trial. But if Judge Wilkin perforce bent to the

storm he never quailed before it. The deepest trial of his life was

one that he never foresaw. This was the failure in 1884 of the

Middletown National Bank of which he was the attorney and nominally

the vice-president. This failure, which was precipitated by the

unsuspected acts of the president in giving up to a grain shipper who

had acquired a hypnotic control over his mind, two hundred thousand

dollars' worth of bills of lading without the payment of the drafts

to which the bills of lading were attached, came to Judge Wilkin with

all the force of a cruel and crushing accident. The spirit which no

opposition could daunt recoiled for a moment under the stab of

treachery. But only for a moment. Quickly recovering himself--though

deeply pained and humiliated that such a disaster should come to an

institution with which he was connected and especially to friends who

might have been influenced by his name--the strength, the courage,

the manliness of his royal character were never more strikingly

exemplified, were never shown to greater advantage than at this very

time. He never flinched from any obligation which this or any other

relation, business, political, social or professional entailed upon

him. His devotion to his clients, his determination to relieve them

from the consequences of their own folly or imprudence was absolute

and fearless, never taking any note of whether they could have

avoided the plight they were in. If they were in trouble through no

fault of their own, of course anybody would be glad to help them. But

if they were in trouble through their own fault the very addition to

their troubles which this reflection caused them only created a

double claim upon Judge Wilkin's sympathies and energy. This is the

spirit of the true lawyer, who, when appealed to in distress, has no

more right to arrogate to himself the functions of court and jury and

decree that his client must take his punishment than a physician has

to refuse to cure a disease which his patient has incurred through a

violation of the laws of health or morality.

[Illustration: William Fullerton]

Judge Wilkin's interest in the young men who grew up about him never

deserted him. He welcomed their advances, he reciprocated their

esteem, he enjoyed their companionship. His reminiscences of the

older bar were lively and entertaining, his sense of humor keen, his

exultation in life and all its activities throbbing and intense. He

was not ready to go when the summons came and he made no hypocritical

pretense of resignation to it. His was a life so full of promise and

performance, passion and power, persuasiveness and preeminence that

well may we exclaim with the poet:

"But what rich life--what energy and glow!

Cordial to friend and chivalrous to foe!

Concede all foibles harshness would reprove,

And what choice attributes remain to love."

If James N. Pronk had given the thought and attention to his own

interests that he gave to the interests of the public and to the

development of his city he would have died wealthy and famous. In his

early manhood when, as the only lawyer in Middletown, except Judge

Wilkin, he acquired a large practice, he quickly accumulated a

fortune sufficient to enable him to build and wholly pay for what

still remains the finest store and office block in Middletown. He had

nothing to do then, in order to a successful life, but to take his

ease and accept such work as he might enjoy. But this was not his

nature. He simply could not take his ease. He was possessed by the

desire to originate and carry forward every public enterprise that

might benefit the town. He lived plainly and simply, had no personal

indulgences, spent nothing upon himself, denied himself every

pleasure in order that he might give himself wholly to the service of

the public. Every pleasure indeed except that of friends and books.

He loved the society of congenial spirits and he dwelt much among

books. But he was not selfish even in this. Instead of putting the

books he bought into his own library he put them into a public

library. He established the Lyceum, the fine circulating library of

which gave to Middletown its first literary impetus. In connection

with this he organized debates in which the ablest men of the

community discussed every moral, social and political question of the

day. These debates brought out the native talent and debating powers

of many men who otherwise might have been silent, notable among them

Israel O. Beattie, whose wide information, keen reasoning and

sparkling wit are well remembered by those who know how naturally his

distinguished son, Judge John J. Beattie, comes by these qualities.

Moreover, Mr. Pronk brought to the platform of the Lyceum the

foremost intellects of his time--Henry Ward Beecher, Wendell

Phillips, Horace Greeley, Edward H. Chapin, Theodore L. Cuyler and

many others. I well remember when, a few years ago at Mohonk, Judge

Beattie and I introduced ourselves to Dr. Cuyler and mentioned

Middletown, he at once exclaimed: "How's my old friend Pronk?" though

they had not met for forty years and he had not heard of his death.

The great mistake of Mr. Pronk's life was when he mortgaged his fine

building, on the income of which he might easily have lived, in order

to establish what became the passion and the idol of his life,

Hillside Cemetery. But was it a mistake? Is it not success, after

all, to live in lasting institutions? This cemetery is to-day the

most beautiful resting place of the dead in Orange County. Over this

sacred spot where he himself was laid, broods ever the sentiment

inscribed over the tomb in St. Paul's Cathedral of Sir Christopher

Wren, its architect--"If you would behold his monument look about

you." (_Si monumentum quaeris circumspice._)

Younger than any of the lawyers thus far considered, but entering

upon his professional life while theirs was still active, and dying

prematurely before the close of those careers with which his own was

strictly contemporaneous, was William F. O'Neill. Perhaps no career

was ever more of a surprise to the public and to the profession than

that of Mr. O'Neill. From Winfield, Gedney and Fullerton with their

distinguished lineage, family influence, county connections, social

position, superior education, wide culture, courtly address and

imposing presence much was expected and expectation was always

satisfied. But here was a young man, who coming from Monticello to

study law in Middletown with Judge Groo and entering upon his career

without any of these advantages, boldly flung himself into the courts

to try conclusions with the ablest of Orange County's advocates and

began at once to captivate juries and to win his cases. Small in

stature, unimpressive in appearance, deficient in culture, unformed

in style, averse to application, trying his cases with very

inadequate preparation, the lawyers were puzzled at first to know the

secret of his immediate and enormous success at the bar. It lay, as

they soon learned, in his faculty of making the jury think that he

always happened to be on the right side. It was like the case of the

juror who was descanting enthusiastically upon the magnificent,

unrivaled powers of Brougham as an advocate. "But," said a bystander,

"I see that you always give the verdict to Scarlett." "Scarlett, O

yes," said the juror. "Well, you see Scarlett is always on the right

side."

Mr. O'Neill was a natural verdict getter. He never went over the

heads of the jury. He talked with them on their own plane of thought,

sentiment and experience. Juries liked him personally. They felt

interested in his success. I remember a trial in which he obtained a

verdict of $2,000 against the village of Port Jervis for a woman who

had fallen upon a defective sidewalk, but who did not appear to have

been much injured. After the verdict, one of the jurors, Coe Goble,

of Greenville, asked me what I thought of the verdict, to which I

replied that they probably gave as much as the evidence justified,

since she did not seem to be hurt much. "Well," said Goble, "it was

this way--we thought the woman ought to have $1,000 and we thought

Billy ought to have $1,000."

This familiar, affectionate reference to him as "Billy" indicates his

place as a popular idol. Indeed the boyishness of his appearance and

stature seemed to help him. People who saw him for the first time and

who had not expected much from him, went out of the courtroom saying,

"Did you see how little Billy O'Neill laid him out?"

Mr. O'Neill made negligence cases a specialty, and he became known

far and wide as a negligence lawyer. Those who deprecate the rise of

the negligence lawyer and the increase in negligence cases during the

last forty years fail to make sufficient allowance for those changed

conditions in the business of the world under which its various

currents of capital and industry converge in one swollen stream of

corporate enterprise and control. This tends, on the one hand, to

encourage professional alertness in protecting the individual from

corporate greed or neglect and, on the other hand, to create extreme

devotion to corporate interests seeking the aid of professional skill

and judgment. While the zeal of attorneys in behalf of corporations

is rarely condemned it is somewhat the fashion to deprecate the

negligence lawyer who takes the case of a client against a

corporation upon a contingent fee. As the client is usually destitute

it is difficult to see how his case is to be presented at all unless

the attorney takes his chances upon success. As courts and juries

must determine that the claim is a worthy one before it can succeed,

the whole criterion seems to resolve itself into the position that

worthy causes and clients should be deprived of a hearing. This

feeling can be well understood on the part of corporations constantly

compelled to pay damages on account of their carelessness, but the

expression of it comes with poor grace from lawyers who receive large

retainers and liberal fees from wealthy clients. It is at least as

fair to a client to wait for compensation until the work is done as

it is to insist on a retainer before any work at all is done. It is

noticeable that the criticism upon the contingent fee at the

conclusion of the case comes usually from the lawyer who expects a

large fee at the beginning of the case.

It is simple truth and justice to say that human life and limb are

safer to-day in Orange County because that sturdy fighter and

dangerous opponent, William F. O'Neill, caring not whether his

client was poor or rich, never allowed a case of negligence, once

brought to his attention, to pass unchallenged and un-presented to a

court of justice. And if his example and his influence have

encouraged others, as indeed they have, in the same path of

professional honor and public duty, then he, too, has not lived in

vain.

The advent of Mr. O'Neill was coincident with the rise of a new

generation of advocates who were confronted at first with a supremacy

in the older bar which never could have been ousted by superior

talent. It yielded at last to the only rivals it could not resist,

decay and death, even as now the lawyers I am about to name will soon

surrender to a still later generation their coveted place and

prominence in the courts. I say about to name because, notwithstanding

the considerations which suggest the omission of any reference to

the living, it seems to be inartistic and it ought to be unnecessary

to break off a narrative in the middle because some of its characters

are still living. Caution and delicacy may indeed discourage, if not

wholly forbid such un-stinted praise as may be properly bestowed upon

a finished, rounded career, far removed from possible marring by some

late and regrettable error. But, on the other hand, the opinion of

his contemporaries by one who has freely mingled with them and

frequently been pitted against them ought to be accurate, and, if

accurate, then interesting and valuable. How we would all enjoy now

Winfield's own characterization of Samuel J. Wilkin and William F.

Sharpe, his partner; of Benjamin F. Duryea and Joseph W. Gott, the

senior; of David F. Gedney and Stephen W. Fullerton. There are

histories of our own times and this is one of them. Let me proceed

then, diffidently, indeed, but still unflinchingly, to perform the

task assigned to me before the subjects and the generation chiefly

interested in them have all alike passed away; appealing to the

judgment of those still able to decide, upon the candor, fairness and

impartiality of the estimates. Indeed, if we wait until all

contemporaries have passed away, who is left to determine whether the

estimates are just?

William J. Groo is older than the lawyers who came to the bar in the

late sixties, but he falls naturally in this group, because he came

to Orange County in 1866, when he at once took a foremost place among

its trial lawyers, his reputation having preceded him. He had already

become leader of the bar of Sullivan County, where in 1856 he was

elected its district attorney. This leadership was, in itself,

evidence of great ability, for he had to win his spurs against such

intellectual giants as General Niven, Judge Bush, Senator Low and

James L. Stewart. It is not strange, then, that in him Winfield,

Gedney and Fullerton found a match for all their powers and an equal

in all the arts and accomplishment of the advocate. His perfect

self-possession, his readiness in retort, his firm grasp of the

points in controversy, his unfailing memory enabling him to marshal

the testimony with crushing effect, his severe logic, his scathing

enunciation, his intrepid spirit, and, above all, his moral

earnestness combined to make him a dreaded and formidable adversary.

Judge Groo (for he acquired the title through his election as special

county judge of Orange County in the year 1868) has carried this

quality of moral earnestness, which so largely contributed to his

success at the bar, into all the interests and relations of life. He

early espoused the cause of temperance and has long been one of the

most prominent members of the prohibition party, which at different

times has bestowed upon him its complimentary but unsubstantial

nomination for governor and judge of the Court of Appeals. He has

always insisted that the absolute prohibition of the sale of liquors

in the State of New York is not only a righteous and necessary

reform, but an entirely feasible one. The remarkable strength of this

movement in the South, followed as it has been by recent prohibitory

legislation in several of the States, is one of the cheering rewards

for unselfish, life-long devotion to principle which he is permitted

to enjoy in his declining years. There is no doubt whatever that his

sacrifices in behalf of this cause seriously interfered with his

later eminence at the bar, for such eminence, even when once

achieved, can be maintained only by sedulous, un-relaxed devotion; by

steady, unqualified, undivided allegiance to that most exacting of

all masters--the law.

This consecration to higher duties and nobler aims than those

involved in mere professional success does not, however, constitute

the sole reason why Judge Groo ceased to be a familiar and prominent

figure in the courts of Orange County. This was due primarily to the

removal of his office to New York, where he continued to win many

notable legal triumphs until failing health compelled him to retire

from active practice. His dignified and honorable repose is divided

between his home in Middletown and his summer retreat in his native

county of Sullivan at Grooville, so named in honor of one of his

Revolutionary ancestors.

Though Lewis E. Carr has transferred his professional activities to

a wider field, yet he acquired and developed in Orange County those

transcendent qualities as a trial lawyer which have since, in nearly

every county of the State, excited the astonishment of the bar and

the admiration of the courts. From the very first he produced a

profound impression upon Winfield, Gedney and Fullerton, with whom he

engaged in vigorous, courageous contest at a time when it was

difficult, indeed, to stand up against their powerful and almost

irresistible influence. But it was when he came to be associated with

them in some most important trials that they were even more impressed

with his knowledge of fundamental principles, his wisdom in

consultation, his mature and unerring judgment. Judge Gedney once

remarked in a public tribute to Mr. Carr in his early life that it

was possible to gain a far more accurate measurement of a lawyer's

real ability through association with him than in opposition to him.

He added that it was after enjoying such opportunities to become

acquainted with Mr. Carr that he was the better able to express

admiration of his surpassing talents as well as confidence in his

brilliant future. Mr. Carr has since then enjoyed many honors and

some supreme triumphs, but it is doubtful that any encomium has ever

given him deeper pleasure than this now amply verified prediction by

so competent an authority.

Nothing more surely attests the eminence which Mr. Carr has attained

in the State than the recognition of it by the Assembly of the State

of New York in inviting him to pronounce in its chamber the eulogy

upon its beloved speaker, S. Frederick Nixon, upon the memorial

occasion dignified by the attendance of the Governor, the Senate and

the judges of the Court of Appeals. In that august presence Mr. Carr,

defending the prerogatives of the State, said:

"However much we take pride in the nation's greatness and power we

cannot shut our eyes to the fact that in some way, not easy to

understand, the Federal Government of which we constitute no mean

part, has been steadily encroaching upon the province of the State,

and year by year the waves of its rising power are biting away some

part of the shore on which our feet should rest. . . . Preservation

of the rights of the State, as the framers of the Constitution

intended and provided, is as essential to the safety, security and

perpetuity of the sisterhood of States as the armies that carry and

defend the flag and the navies that patrol the sea and protect our

harbors against the dangers of attack. Our State is an empire in and

of itself. Dominion over it and control of its priceless interests

are all our own, save to the narrow extent they were expressly

yielded to give needed strength and requisite power for the

protection of the whole."

This extract gives some idea of the force and clearness which

characterize all Mr. Carr's public utterances, but no extract can

give any conception of his extraordinary powers as an advocate. The

assembly indeed had already enjoyed an unusual opportunity to

witness their display, for Mr. Carr was easily the most conspicuous

and imposing figure in a public trial of great importance conducted

before it, in which he made the principal and prevailing argument.

But it is perhaps in the appellate courts that Mr. Carr's abilities

find their most congenial field of exercise. There his ready command

of all the resources of a trained, vigorous and richly stored

intellect enables him to discuss every proposition propounded by the

court, or advanced by his opponent, with a breadth of reasoning, a

fertility of illustration, an array of authority which never fail to

arouse admiration and delight. Indeed in every argument or trial in

which he engages he organizes from the outset an intellectual duel.

One who is not prepared to cope with him on equal terms, or with a

cause so strong that it overcomes the intellectual handicap, will

find it prudent not to enter the lists with him.

When Mr. Carr resided in Port Jervis before going to Albany, where he

is the general counsel for the Delaware and Hudson Company and where

he is called as senior counsel into many important cases not at all

connected with railroad litigation, such was his devotion to his

profession that it was only in exciting political campaigns that he

could yield himself to the demands of the platform. But in Albany so

insistent and repeated have been the demands upon him that he has

been compelled to yield more frequently, until now his reputation is

firmly established as a platform speaker of rare attractiveness. A

fair example of his after-dinner oratory may be found, in fit company

and enduring form, in the book entitled "Modern Eloquence," edited by

Speaker Thomas B. Reed; it being a response, at the banquet of the

State Bar Association, in which, with a fine blending of humor and

seriousness, he commends that recent revival of an ancient custom

which has done so much already to revive and promote the dignity of

the bench--the wearing by judges of the robe of office.

The Orange County Bar has contributed to the bar of the State many

gifted sons of whom it has been, indeed, proud--Ogden Hoffman,

William H. Seward, William Fullerton and others--but it has never

contributed one of whose character, ability and fame it is more

justly and universally proud than it is of the character, ability and

fame of Lewis E. Carr.

Henry Bacon is now, indisputably, the leader of the Orange County

Bar. His career has been marked by a singleness of devotion to his

profession rarely equaled. It was interrupted at one time by his

service for five years in the House of Representatives, in the

debates of which he bore an honorable part, impressing himself most

favorably upon the leaders of his own party and those of the

opposition. But his heart was all the time in the law, which he

keenly enjoys as a science and reveres as a master. Returning to

Goshen at the expiration of his congressional service he threw

himself with renewed ardor into the practice of his profession to

which he has since applied himself with undeviating purpose,

persistence and power. The position of leadership now held by him is

the natural, inevitable and only consistent result of high endeavor

and unfaltering purpose united to intellectual gifts and legal

qualifications of a superior order. Mr. Bacon has the legal instinct.

He is not content until he has penetrated to the heart of the

mystery. He revels in a perplexing and complicated case. He loves to

unravel its intricacies and explore its mazes.

Mr. Bacon has in the past twenty years tried more cases than any

lawyer in the county. He is retained in nearly every important trial.

His manifest knowledge of every principle of the law involved in the

case always commands the respect of the court and of the bar. In

presenting his views to the jury he relies upon logic rather than

eloquence, upon consecutive force of argument rather than the arts of

persuasion. In the celebrated case of Magar vs. Hammond his opening

address to the jury upon the second trial was a masterpiece of

clear, coherent, cumulative and convincing statement.

[Illustration: A. H. L. Secor]

Mr. Bacon is never more interested than when he is confronted with

some grave question of constitutional construction. His attack upon

the constitutionality of the drainage law, which was declared

invalid by the Court of Appeals upon the arguments advanced by him,

and in which he was opposed by the eminent advocate John G. Milburn,

will be long remembered.

All lawyers are true to their clients, but Mr. Bacon's inflexibility

in the assertion or defense of his client's rights is uncompromising

to the last degree. It has even been said that, in his zeal and

ardor, he is willing to trample upon all the ties of private

friendship and all the claims of personal courtesy. But no client was

ever heard to complain of this and, after all, the fact remains that

no lawyer can serve his clients with absolute fidelity without, at

times, wounding his neighbors and his friends. An honest lawyer can

know no one but his client and him crucified. His standard of

morality and manners, of duty and decorum is expressed in the

sentiment, "Stop pursuing my client and I have no further quarrel

with you." Mr. Bacon typifies this spirit and embodies this principle

in his professional life more strikingly than any lawyer who has ever

practiced at the bar of Orange County.

On the other hand Mr. Bacon's social gifts and graces are in the

highest degree winning and attractive. One would never suspect, in

the velvet palm that greets him at his threshold, the iron hand that

crushed him but the day before in court. One would never recognize in

the beaming, graceful host the hard-headed lawyer who, with stern,

unflinching purpose, will destroy him to-morrow. United in marriage

to the brilliant and accomplished daughter of one of America's

purest and noblest statesmen, Samuel J. Randall, his home is a center

of charming, courtly and gracious hospitality dispensed with lavish,

refined and unaffected generosity. Mr. Bacon is the only lawyer in

Orange County who has ever both recognized and fulfilled his social

duty to his brethren of the bar by throwing open his home to them in

receptions intended to bring the judges and the lawyers together in

social relations. In olden days and in other counties this custom

once prevailed. Possibly it is because Orange County labors under the

misfortune of being a half-shire county--a calamity to any bar for

the reason, besides many others, that it effectually destroys the

possibility of having a suitable court house--that a spirit of

comradeship among its lawyers has never grown up. It is noticeable

that in counties where the legal interests converge in one central

county seat the brotherly spirit is more active. But, however that

may be, Mr. Bacon is entitled to the grateful acknowledgment of his

efforts to suspend the asperities of professional conflict in the

solvent of social converse. In this, as in every other respect, his

leadership of the bar is supreme.

Walter C. Anthony preceded Mr. Bacon a few months in their student

life with Judge Gedney at Goshen. No one has painted so perfect and

beautiful a picture as he of those halcyon days in that country law

office. In his memorial tribute he said:

"But of all the delightful hours spent with Judge Gedney I recall,

with most pleasure, our afternoon talks at the office. As the day was

wearing late and he began to make preparations to leave, he usually

seemed to want to draw me into conversation. Frequently it took the

form of an examination as to those branches of the law which I was

then reading upon. Occasionally he would draw me into the discussion

of some legal question, in which he would maintain an opinion opposed

to that which I expressed, and in which after combating me, with all

his ingenuity and acuteness and frequently discomfiting me, he would

in the end explain the whole question and point out the errors of

either side of the argument. At times some event of the day's work

would be used as a foundation for an explanation of the legal

questions involved. In whatever way the conversation was begun his

evident purpose was that it should be profitable to me in connection

with the studies I was pursuing; and when that end had been

accomplished our conversation would wander on 'at its own sweet

will,' touching on many and varied themes which all developed new

beauties and suggestiveness beneath the light of his varied learning

and fertile fancy. Is it to be wondered at that I recall them with a

chastened delight? Judge Gedney was then in the very prime of his

remarkable powers. His mind was a storehouse of varied and

interesting knowledge, and his conversational and descriptive skill

were not only very great, but quite unique.

"I shall always regard it as one of the most fortunate circumstances

of my life that 1 was brought into such intimate association with

David F. Gedney. And as my life passes on into the 'sere and yellow

leaf and I sit among the lengthening shadows of its afternoon looking

back upon the friends and friendships of my youth, I shall very, very

often recall Judge Gedney--the slender, erect figure; the strongly

marked face; the scant but expressive gesture; the wonderfully

melodious and well modulated voice; the words so deftly chosen from

a vocabulary surpassingly rich and full, that they always reminded me

of the sentence in holy writ: 'words fitly spoken are like apples of

gold in pictures of silver;' and above all I shall recall his kind

and generous deeds, the fit exponents of a loving, loyal heart; and,

thus recalling him, I shall often in the future exclaim--as I have

already in the past--in no empty phrase and with no exaggeration of

speech:

"'Oh for the touch of a vanished hand

And the sound of a voice that is still!'"

This extract is made not solely to embellish the portrait of Judge

Gedney, the man--though I indeed left it unfinished intending thus to

invoke Mr. Anthony's aid in completing it--but also to illustrate Mr.

Anthony's own cast of mind, character and literary style. Mr. Anthony

is by nature and inclination, a scholar and a recluse. If he were

rich he would shut up his office and browse in his library; but not

selfishly, for no one has been more generous than he in responding to

demands for public and literary addresses. I heard him once, before

the Chautauqua Assembly, give a purely extemporaneous lecture upon

wit and humor which for range of reading, wealth of information,

critical analysis and brilliant characterization has never been

surpassed by our most famous lecturers; and yet it was delivered with

a modesty, sweetness and simplicity which seemed to deprecate the

suggestion that it was anything out of the ordinary.

His memory of Judge Gedney unconsciously reveals how deep was the

impression made in youth upon a mind singularly susceptible to the

charms and graces of literature and upon a nature no less susceptible

to the beauties and joys of friendship. As in the case of all such

natures, the books must be choice and the friends fit but few. Not,

indeed, that Mr. Anthony is deficient in the elements of personal

popularity. His election twice to the office of district attorney of

the county, the duties of which he most ably discharged, attests his

popular strength. But it is undeniable that his predilection for the

society of the great and wise of every age, to be found in his

well-filled library, has tended more and more to withdraw him from

the society of the shallow, the superficial, the frivolous. He stands

to-day a lonely but alluring figure, on whose heights those who

choose to follow may find in him the charming companion, the

accomplished scholar, the earnest inquirer, the inspiring instructor.

Let no captious reader take cynical exception to the note of honest

praise sounded in these memoirs. Let it be remembered that, out of

hundreds of lawyers, only a few of those entitled to admiration and

praise have been selected for extended mention. While personal

memoirs should be accurate they need not be exhaustive. In those rare

instances in which conspicuous talent has yielded to temptation and,

in weakness or dishonor, forfeited public respect, it has seemed to

be the truest kindness to pass over it in silence. Indeed, as one

surveys the procession down half a century of those who have become

notable in the law he is profoundly impressed that not by infirm,

invertebrate character have they gained their prominence but only by

firm resolution, high endeavor, moral purpose and intellectual power.

One is led to wonder not that there should be so few entitled to

praise, but that there should be so many. Impartial criticism will

demand of the contemporary chronicler not that his praise be stinted,

but only that it be discriminating.

Indeed only the most un-stinted, unqualified praise would be either

just or appropriate in summoning from that stately procession of

great and honored lawyers the lofty, imposing figure of Judge John J.

Beattie, who for eighteen years--1889 to 1907--presided over the

County Court of Orange County, having been elected for three

successive terms. His dignity of presence, weight of character and

wealth of learning amply sustained the traditions of a bench once

occupied by Gedney and Fullerton. Many of Judge Beattie's decisions

have been in cases of far-reaching public importance--notably the

case involving the construction of the eight-hour law in which Judge

Beattie decided that the provision prohibiting a contractor from

allowing his men to work over eight hours a day on a public

improvement was unconstitutional and void. The Appellate Division

reversed but the Court of Appeals affirmed Judge Beattie in an

opinion sustaining every position which Judge Beattie had taken in

his opinion.

Judge Beattie is grounded in the principles of the law. In all that

he does he is thorough, going to the very bottom of the case whether

as to the law or the facts. This quality was strikingly brought out

in the case tried by him for eight days before Judge Maddox involving

the liability of a railroad company for the damage resulting from the

explosion of a locomotive boiler. There was absolutely nothing about

a boiler that Judge Beattie did not understand. One would have

supposed that he had been brought up in boiler works and had then run

an engine on the road. He succeeded in dividing the jury and Judge

Maddox said after the trial that he had never seen a finer display of

sheer intellectuality than Judge Beattie's management of the defense.

He is an omnivorous reader and his marvelous memory retains all that

he ever read. His conversation is an intellectual feast, for he pours

out a never-failing stream of literary anecdote, historic incident

and choice passages from the classics of every age, all ready to gush

forth from his well-stored memory as the conversation glances from

one subject to another.

Judge Beattie carries into his retirement from the County Court the

gratitude and respect of the bar and of the public for the fine

example of judicial dignity and learning which he has given for

eighteen years--an example which may well be followed not only by all

who succeed him in the County Court, but by all who administer in the

same court houses and from the same bench the wider jurisdiction of

the Supreme Court.

Having considered several leaders of the bar who came into practice

in the late sixties, but who, like their predecessors, Winfield,

Gedney and Fullerton, were never invited to the bench of the Supreme

Court, we come now naturally to that group of their early associates

who have achieved judicial honors, those honors which have always

held a glittering fascination for the bar whether in the wearing or

the recounting of them. There never have been enough judgeships to go

around and the long tenure now established wholly excludes rotation

among the leaders of the bar in respect to judicial position. Hence

the prospect that any member of the bar, however able, will ever

attain judicial honors is so remote and dependent upon so many

unforeseen conditions that when they do descend and repose upon the

modest brow of some highly favored but always unenvied brother, the

circumstances combining to produce such a fortuitous selection

possess all the charm of romance and all the fascination of a fairy

tale. While it is true that many unforeseen conditions must always

unite in determining the destination of this coveted prize, there

still seems to be one inexorable condition to which all Orange County

aspirants must conform. They must not reside in the interior of the

county. They must practice in the old, historic city of Newburgh--a

city which has always taken a deep, honorable, patriotic pride in its

Revolutionary associations and in the land they represent, but which

has no more pride in, no more sense of connection with, Orange County

as a whole than West Point has. Its bar has always been distinguished

for great ability and high character.

The Supreme Court of the State of New York, the wide jurisdiction of

which extends from Long Island to the St. Lawrence and the Lakes, was

never more fortunate than in the acquisition to its bench from the

Newburgh bar of the two Browns, father and son--John W. Brown and

Charles F. Brown--the elder having ascended the bench in 1850 and the

younger in 1883.

It is Charles F. Brown who belongs to the period we are now

considering. Graduated from Yale College in 1866, admitted to

practice in 1868, elected district attorney in 1874 and county judge

in 1877, he resigned in 1882 the position of county judge to assume

the duties of supreme court judge.

Mr. Winfield had always ardently desired a position upon the bench of

the Supreme Court. It was one of the bitterest disappointments of his

life that he so narrowly missed this object of his ambition in 1875,

when Judge Dykman was elected. In that year the widespread revolt

among the bar and public against the re-election of that most

unpopular official, Judge Tappen, who had received the regular

democratic nomination, made it evident that any independent

democratic candidate who should receive the endorsement of the

republican convention would be elected. Mr. Winfield's hopes of

receiving this endorsement rose high and were on the point of being

realized when an unexpected influence intervened to dash them.

General Benjamin F. Tracy, who had a longstanding personal feud with

William Fullerton, the brother of Stephen W. Fullerton, suddenly came

to the conclusion that he did not want upon the bench an intimate

friend of the Fullertons. He therefore threw his influence in favor

of Jackson O. Dykman, then a prominent democratic lawyer of

Westchester County, who thus received the nomination. His election by

a large democratic and republican vote confirmed the prediction that

such a coalition would easily accomplish the defeat of Judge Tappen.

Orange County, notwithstanding that it shared Mr. Winfield's

disappointment, followed his generous lead in supporting Judge

Dykman and gave him a majority of 10,000. No one labored for Mr.

Winfield's nomination at this time more earnestly than Charles F.

Brown himself.

In 1882 Mr. Winfield's hopes of obtaining a nomination revived, but

Charles F. Brown, who cherished the natural and honorable ambition to

emulate his father's noble example and distinguished career as a

jurist, felt that he ought not to stand aside again. He of course

secured the delegate from his own assembly district without

opposition. Overcoming the opposition offered by Mr. Winfield's

friends in the second assembly district, he secured its delegate

also. By thus presenting a united front Orange County was able to

successfully assert its claims in the judicial convention and to

secure for Judge Brown the nomination that was followed by his

election.

No one was more gratified by Judge Brown's election than Mr. Winfield

himself, especially as it involved the defeat of General Tracy, the

very man who, seven years before, had snatched from him the same

prize when almost within his grasp. When General Tracy, of Kings

County, was nominated by the republican convention against Judge

Brown, of Orange County, he confidently expected to defeat Judge

Brown, whose greatness was then unknown to the district at large,

through the promised support of many large Brooklyn interests. But

all his calculations were confounded by a wholly unexpected event.

This was the cataclysm in which Grover Cleveland, with whom Judge

Brown was running, carried the State by the enormous, unprecedented

majority of 200,000.

Thus was Orange County enabled to contribute to the bench of the

Supreme Court a jurist who, in the fourteen years of his incumbency,

made a profound, a lasting impression upon the jurisprudence not only

of his State but of his country.

After serving for six years with great acceptance in the trial and

special terms, he was, upon the formation of the second division of

the Court of Appeals, promoted to its bench. His services during the

four years' existence of that court were of the highest value, his

luminous opinions being still quoted and followed in every State in

the Union. Some of the litigations which came before him were in the

highest degree difficult and complicated; one of the most important

being the case involving the construction of the Tilden will, in

which the opinion of Judge Brown, declaring the trusts invalid, was

adopted by the court. His opinions rendered in this court constitute

an imperishable monument to his learning and ability.

Judge Brown's manner upon the bench, at trial and special term, was a

happy mingling of simplicity and dignity. His most noticeable

personal trait was his entire lack of self-consciousness. He never

thought about himself or about the impression which he might be

making upon the bar or the public. His mind was wholly upon the case

and upon the principles involved in it. He was considerate of the

feelings of counsel and rarely rebuked them for imperfect

presentation of their views. When they wandered from the point he

thought about the case and when they came back to the case he

followed them again. It is simply the truth of history to say that

the members of the bar, not only of Orange County but of the entire

State, do not expect to see in this generation a nearer approach to

the ideal judge than they were permitted to behold during the

fourteen years of Judge Brown's incumbency.

There was one marked characteristic of Judge Brown while upon the

bench which deserves more than a passing mention. After a case was

submitted to him and while it was still under consideration he was

never afraid to enter upon a discussion of the principles involved

in it, with either of the counsel he might happen to meet, if he felt

that such a discussion might prove profitable. In this respect he

differed from some of his colleagues who were perfectly aghast at the

thought of counsel conversing with them upon any phase of a pending

case in the absence of opposing counsel. This of course was due to

their high sense of the importance of preserving not only real

impartiality but the strictest appearance of impartiality. But there

was something in Judge Brown's character which did not need the

protection of such a rule; something in the very atmosphere which he

threw out; something in the impression which he gave of being simply

a thinking, working, impersonal, intellectual machine, which left no

room for misunderstanding on the part of any lawyer thus admitted to

a share in his deliberations and which left his judicial independence

and impartiality absolutely untouched. This capacity at once

constitutes the highest test and the consummate type of the strictly

judicial temperament. To this test Judge Brown easily responded and

of this type he was the perfect embodiment.

[Illustration: O. P. Howell]

No one can be accused of sycophancy in awarding to a judge long since

retired from the bench his merited meed of praise and gratitude for

distinguished public services. Nor even in the case of judges still

occupying the bench can such a charge fairly lie when the faithful

historian surveying and reviewing, from the serene heights of

retirement and rejection, the stirring scenes in which once he bore

an active part, is now as indifferent to, as independent of, the

opinions of judges as they are of his. It would indeed be far more

entertaining if there could be contributed to this volume the

opinions which the judges hold of each other, thrown into literary

form instead of merely being promulgated from the bench or

disseminated by the press. When, upon the occasion of Queen

Victoria's jubilee, the judges met in London to prepare an address to

Her Majesty, the proposed draught submitted to them began with the

words, "Conscious as we are of our shortcomings," whereupon Lord

Bowen gravely suggested, as an amendment, "Conscious as we are of

_each other's_ shortcomings." Human nature is very much the same

here and in England; very much the same, in its manifestations, among

judges and among lawyers.

Judge William D. Dickey ascended the bench in 1896, one year before

Judge Brown's retirement from it. The second judicial district, of

which Orange County then formed a part, was for many years democratic

and it was not unusual for the republican conventions to endorse the

democratic nominations. But in 1895 there seemed to be such a fair

prospect for success that the republicans put forward a full ticket

of judicial nominees, including Judge Dickey, who was elected, though

one of his associates upon the ticket, Hugo Hirsch, of Brooklyn, was

defeated by Judge Martin J. Keogh, whose court ought to be attended

every year by visiting delegations of judges from all parts of the

State as a training school and object lesson, illustrating how a busy

judge may at all times, in all circumstances and under all

provocations still be the model, faultless, consummate gentleman.

Although Judge Dickey removed from Newburgh to Brooklyn soon after

his election and is counted as a judge of the second judicial

district, while Orange County is now a part of the ninth judicial

district, still Orange County is where he was born; where his

professional life was passed; where he rose to prominence and power,

and where he lived when he was elevated to the bench. He exhibited

even in boyhood the qualities which have marked his public career,

his patriotic ardor inspiring him to enlist in the Union Army when

only seventeen years of age; his promotion being so rapid that before

he was twenty years old he had been brevetted colonel in recognition

of conspicuous gallantry.

Admitted to practice soon after the close of the Civil War he threw

himself with characteristic energy not merely into the legal contests

which arose in his city, but into all the public and political

controversies of the day. Ardent in his affections and implacable

in his hatreds, loyal to his friends and relentless to his enemies,

he soon acquired an extensive influence and attracted to himself a

devoted following, both personal and political.

The public spirit and civic pride shown by Judge Dickey in promoting

every enterprise tending to beautify or benefit his native city was

generally recognized and his election to the constitutional

convention of 1893 was a distinct turning point in his career. His

ability, vigilance, authority, force of character and readiness in

debate, soon gave him a dominant influence in the deliberations of

that highly intellectual body--an influence aided by his commanding

presence and resonant voice, advantages not without value in that

most difficult of all auditoriums, the assembly chamber in the

Capitol at Albany. Among the many far-reaching reforms which he

proposed or advocated in the convention he undoubtedly looks back

with special satisfaction upon the provision incorporated, with his

active support, in the new constitution prohibiting any legislative

limitation upon the amount of recovery for death occasioned by

negligence, since he has had abundant occasion in his experience upon

the bench to verify his convictions of the justice, necessity and

public policy of this amendment.

Judge Dickey displays upon the bench the same sterling qualities

which marked his active professional career. Among them none is more

pronounced than his remembrance of and kindness to old and valued

friends. The exercise by a judge of the patronage necessarily

pertaining to his office has always been a trying question for him.

But since one lawyer has no natural, superior claim over any other

lawyer upon the fruits of patronage, there seems to be no reason why

a judge should not be permitted to gratify his feelings of friendship

and esteem in the appointment of referees whom he knows to be not

only estimable but entirely capable. No one questioned this

sentiment or principle of conduct when Judge Brown appointed his old

friend and partner, Mr. Cassedy referee to sell the West Shore

railroad, or when he appointed his old friend, William Harvey Clark,

of Minisink, receiver of the Port Jervis and Monticello railroad;

Mr. Clark, by the way, proving to be so capable a receiver that he

not only paid its debts but surprised the stockholders by handing

over to them a large amount of money.

But in the distribution of patronage Judge Dickey has not only been

loyal to the claims of private friendship; he has nobly used it in

the recognition of the debt which the public owes to distinguished

public services and sacrifices. I know one able lawyer whose physical

infirmities disqualify him from active practice at the bar, but whose

eye is still as clear, whose judgment as alert as when, from the

heights of Gettysburg, he directed the Federal forces on the first

day of the battle and saved the fortunes of the day till they could

be turned and redeemed upon the morrow. In appointing this old hero

to important service in various public condemnation proceedings, in

which his sound judgment and wide experience have been utilized to

the public benefit. Judge Dickey has entitled himself to the

gratitude of all who believe that conspicuous worth and patriotic

service should not be forgotten and neglected by judges any more than

by governors or presidents. And personal gratitude is no less due to

Judge Dickey from all those whose appointment by him to positions of

trust and responsibility has enabled them to justify his own unerring

judgment as to their fitness and capacity.

It was in the autumn of 1902 that Judge Dickey was called upon to

pass through the first deep sorrow of his life in the loss of his

only son, Frank R. Dickey, cut off in his young manhood at the very

beginning of his promising career at the bar. Born and educated in

Newburgh he had followed his father to Brooklyn, where he established

himself in practice and where he soon won a large and growing

clientage. His solid abilities; his pure, lofty character; his open,

sincere nature; his refined, engaging manners; his gentle, amiable

disposition united to create a personality of singular charm and

interest. Troops of new friends, attracted to him by the graces of a

sweet and beautiful character, joined with those who had always known

and loved him in heartfelt sorrow over the untimely grave of Frank R.

Dickey.

Judge Dickey's wide experience in affairs, with his knowledge of

human nature, its secret springs and devious ways, enables him to

arrive at decisions always prompt and usually just. His influence

upon the bench has always been powerfully exerted in support of the

domestic virtues and social purity. Gambling, which is fast becoming

one of the most threatening of our national dangers, as it is already

one of the most degrading and corrupting of our social vices, whether

practiced by men in policy shops, or by women at bridge parties,

finds in him, whenever it comes within his judicial purview, neither

countenance nor toleration.

There is one trait of Judge Dickey upon the bench which calls for

special mention. When, in an action which has been tried and decided

by him, without a jury, the attorneys come before him for settlement

of the case upon appeal, he does not seek to emasculate the appeal,

as some judges in their weakness and vanity do, by striking out the

exceptions designed to bring up sharply for review the points of

difference between him and the defeated counsel. He always gives the

unsuccessful and dissatisfied litigant a fair opportunity to review

every issuable ruling and to get a reversal if he can. He is not

hyper-sensitive upon the subject of being sustained by the appellate

courts. Indeed, his mental attitude toward them is doubtless

reflected in the remark once made by the famous judge, Lord Young,

when he was told that one of his decisions had been affirmed upon

appeal by the House of Lords, "Well, I may have been right,

notwithstanding," said Lord Young.

As Judge Dickey has never been assigned to the Appellate Division and

much prefers the close contact with the bar and with vital human

interests which is enjoyed by judges constantly engaged in trial

term and special term, he has never felt called upon to accompany his

decisions with opinions of any length. When he does write, his

opinions are clear, terse and sententious. Indeed there is very

little satisfaction for a judge at special term in writing elaborate

opinions, only to find them arrested and archived in that mere

vestibule of fame, that hall of unmerited but predestined and

pathetic oblivion known as the Miscellaneous Reports.

But the waters of a cruel, though often kindly, oblivion can never

wholly submerge the fine superstructure of judicial fame reared by

Judge Michael H. Hirschberg upon a foundation of singularly

exclusive, concentrated, severe, professional, intellectual and

literary training. Born and reared in Newburgh, but coming to

practice at the bar without those intermediate college advantages

enjoyed by his life-long friend and associate, Judge Brown, whom he

succeeded upon the bench, he has, nevertheless, strikingly verified

the saying of Carlyle that, after all, books are the best university.

During all the years of his professional activity in Orange County

he sedulously, patiently wrought out, cultivated and perfected a

crisp, nervous, virile, epigrammatic, yet withal, polished,

mellifluous, ornate and opulent English style which constituted an

admirable discipline and equipment for the very field of juristic

service in which he was later destined to engage.

Elected in 1890 to a seat upon the bench, he was, after a brief

period of service at trial and special terms, assigned to the

Appellate Division, and later, upon the retirement of Judge Goodrich,

he was appointed the presiding justice of the court. This was the

opportunity for which his slumbering, but not unready, accomplishments

long had waited. Then ensued the disclosure to his judicial

associates and to the bar of the State of those attainments as a

writer and as a jurist, which had long been known to the bench and

bar of his county and his district. While comparisons are often more

dangerous than odious his career almost inevitably reminds one of

that literary lawyer, known then chiefly for his writing of "The Blue

and the Grey," who was summoned by his friend, Governor Cornell, from

his scholarly seclusion at Ithaca to take a seat upon the bench of

the Court of Appeals; and who thereupon enriched the literature of

the law with a body of opinions, unrivaled for English style and

judicial learning, which have entranced and instructed two

generations of lawyers. Equally true is it of Judge Hirschberg that

already has he permanently enriched the Reports of the Appellate

Division with a series of opinions which, for lucidity of statement,

force of reasoning, felicity of style, and perfect command of the

literary implements adapted to the expression of exact distinctions

or delicate discriminations, stand unrivaled in the pages of these

imposing volumes, which will long perpetuate his fame as a judicial

writer.

One characteristic of Judge Hirschberg during his brief service in

holding trial terms should be mentioned, because no ponderous tomes

can reveal character. Contemporary history must transfix for

posterity the personal traits and manners of a judge. When Judge

Hirschberg was elected even his intimate friends supposed, from long

familiarity with his extraordinary quickness of mental action, his

scintillations of repartee in social life and his swift rejoinder at

the bar, that he would show some impatience with the slowness,

dullness and density due to imperfect preparation or inherent

ineptitude, which every judge is called upon, more or less

frequently, to endure; that he would find it difficult to restrain

the bubbling of wit and sarcasm at the expense of ignorance or

incapacity. But on the contrary, he proved to be the most gentle,

indulgent and long-suffering of judges. The wearisome lawyers might

drone on, he made no effort to take the trial of the case out of

their hands and try it himself, he could try it better than they, but

he felt it his duty to let them try it in their own way. No one could

tell what he was thinking of them or their methods. He might be a

maelstrom of seething disgust or amusement within; but he wore the

impassive, inscrutable, uncommunicative exterior of a sphinx. Under

the responsibility of his great office he unconsciously developed and

en-grafted that quality which Judge Jenks in his impressive eulogy

upon Judge Wilmot M. Smith declared to be almost the greatest

attribute of a judge--infinite patience.

And since the entire bar of Orange County regarded with peculiar

affection the character of Judge Smith and now holds in deepest

veneration his sacred memory, it is not amiss to incorporate in this

record that expression of its feelings by Judge Hirschberg himself,

which sheds a reflected light upon his own standards of duty and with

which this attempt to limn his portrait for succeeding generations

may fitly close:

"Judge Smith was truly an ideal jurist, profound as a lawyer,

estimable as a citizen, lovable as a man. The mortal part of each

life ends necessarily in nothing but an insignificant contribution to

an immense volume of pathetic dust, but the spiritual sense is

satisfied when, as in this instance, the ashes are sanctified with

the memory of a noble life devoted to duty and glorified with the

love of God, of justice and of humanity."

And now, having sought to project upon the canvas a faithful

portraiture of the judges who were drawn into the public service from

the Orange County bar, within the period embraced in these personal

recollections, it is convenient and fitting at this time to briefly

outline the conditions of practice which prevailed in Orange County

at the time they came to the bar--Judge Dickey in 1866 and Judges

Brown and Hirschberg in 1868--when Winfield, Gedney and Fullerton

were at the zenith of their powers and their reputation. It is a

great mistake to assume that the older members of the bar were

satisfied with these conditions. On the contrary, they bitterly

chafed under them. The number of judges was wholly inadequate to the

needs of the district, as will readily be seen when it is considered

that twenty-five judges are now required to serve the same territory

then covered by only four judges upon whom devolved all the motions,

trials and appeals arising and heard within it. The ever-increasing

volume of business created by the rapid growth of Brooklyn made it

impossible for the judges to hold a trial term--then called the

"circuit term"--longer than five days. The judges were indeed upon a

circuit, for they were always under assignment to open court in some

other county on the following Monday. Every Thursday afternoon or

Friday morning the judge marked off the calendar every case which

could not be tried in time to enable him to leave on Friday afternoon

in order to hold his Saturday special term. This arbitrary,

inexorable limitation of time, which was equivalent to shutting out

many cases that had been carefully prepared, was most cruel to the

younger members of the bar whose sole chance of either emolument or

distinction lay in getting their cases tried; while to say that these

conditions were satisfactory to the older members of the bar of that

period would violate the truth of history. They always unduly and

often indecently accelerated the trial of important cases in which

advocates like Winfield and Gedney were spurred to an undignified

celerity which was not merely distasteful but detestable to them.

Both Winfield and Gedney were tenacious of dignity, deliberation and

decorum in the administration of justice. They disliked extremely to

be told. "Go on with the case, gentlemen," or to be asked, "What are

you waiting for?" They could not share the glee manifested by the

judge when he succeeded in having three juries "out" at one time, and

boasted to the justices of Sessions at his side how he was

"expediting the business." They, too, wanted the business advanced,

but they wanted it done with due regard to the traditions and the

usages of the bar. Winfield was especially the distinct

representative in this county of the old Websterian school of

advocates. He believed earnestly in the maintenance of all that form

and dignity, of all those ancient usages and proprieties which once

uniformly marked the relations to each other of the bench and bar.

When in 1874 I met him in Albany to argue my first case in the Court

of Appeals, then presided over by that most urbane jurist, Judge

Sanford E. Church, Mr. Winfield carefully attired himself on the

morning of the argument in a full-dress black suit with its broad

expanse of shirt front, now used only for evening wear, but regarded

at that time as a suitable uniform for appearance before the highest

court in the State; just as, at a slightly earlier period, Webster

and Pinckney appeared before the Supreme Court at Washington in blue

coat and brass buttons, with buff waistcoat. How different from the

present when able lawyers in short sack coats of gray, looking like

commercial travelers, hasten from the Albany station to the two

o'clock sessions of the court without stopping to even remove the

dust of travel before launching into their keen and brilliant

arguments.

When Judge Joseph F. Barnard, of Poughkeepsie, upon the transfer of

judge Lott to the Court of Appeals in 1869, became the presiding

judge of the old general term, he became also the presiding genius,

the dominating, all-pervading spirit of the second judicial district.

He was opposed to any increase in the number of judges. With his

insatiable voracity for work and his preternatural velocity of

thought, enabling him to accomplish as much alone as the other three

judges combined, he thought that four judges ought to be fully able

to keep up with all the business of the district; as indeed they were

if the administration of justice, involving the most profound issues

of human life and society, had been merely a matter of getting the

business out of the way, as on a wharf, to make room for the next

cargo.

The judges, fresh from their several circuit terms, met in the

general term and proceeded to hear appeals from the decisions made by

themselves at special and trial term. It was, indeed, an impressive,

inspiring and solemn spectacle to see Judge Tappen and Judge Gilbert

gravely considering whether they would reverse Judge Barnard; and in

the next case Judge Tappen and Judge Barnard sitting upon Judge

Gilbert. Of course the tacit challenge, "You reverse me, I'll

reverse you," pervaded all the proceedings. Nothing else could be

expected of human nature. It has never been pretended that the State

supplies lawyers with any superior, exclusive brand of human nature

when it gives them their diploma, and judges are simply lawyers upon

the bench. That an appellate system should ever have been devised so

exquisitely adapted to defeat its object and destroy respect for its

operations was not, of course, the fault of the judges of the second

district.

When the general term sat in Poughkeepsie, as it did every May, to

accommodate Judge Barnard, the business was disposed of even more

rapidly than in Brooklyn, Judge Barnard greeting with delight any

lawyers who would appear at eight o'clock in the morning, both ready

to argue their appeal in advance of the regular session. The judges

constantly interrupted the attorneys to assure them that they could

not possibly remember what they said but that they would read their

briefs. It was of course true that no human mind could retain or even

grasp the arguments discharged at the court as from a catapult by

attorneys gasping for breath in the mad race against time.

[Illustration: Wm. O. Piorshalf]

Some amelioration of the intolerable conditions under which circuit

terms were held in Newburgh and Goshen was effected through the

election in 1870 of Judge Calvin E. Pratt, whose conservatism,

affability and dignity won for him universal respect. This

improvement was extended by the election in 1880 of Judge Edgar M.

Cullen, whose high sense of absolute fairness to all suitors alike

led him to devote as much time and thought to a case involving a

trifling amount as to one involving large interests; though even he

was merciless in his infliction of night sessions upon the attorneys

during the hot June term at Goshen, a course to which he felt

impelled because of his inability to remain longer than one week and

his desire to crowd as much work as possible into that wholly

inadequate time.

The comfort and convenience of the Orange County bar and the

interests of litigants were served to a still greater degree by the

election in 1882 of Judge Charles F. Brown. Though he could not

extend the trial terms beyond two weeks, on account of his

assignments to other counties, still he held a special term every

Saturday at Newburgh where, by consent of counsel, many cases were

tried that otherwise would have been tried before a jury, thus

affording great relief to the overtaxed calendars of the trial terms.

From that time to the present there has been a steady reaction

against feverishness and ferment as a suitable atmosphere for

judicial proceedings and a gradual return to calm, neutral,

deliberate, dignified, decorous methods of judicial procedure, until

finally, for the first time in the history of the county, a

four-weeks' term of court was held in February, 1907; this being one

of the first fruits of the formation of the ninth judicial district,

consisting of the river counties alone--a change which was opposed by

some Orange County lawyers but which is now generally recognized as,

in the highest degree, conducive to the convenience and interests

of the bar and of the public, though it does involve some additional

burdens upon jurors.

Forty years ago the familiar excuse made by judges for dispatching

business with unseemly haste was their solicitude for the time and

convenience of the jurors. Indeed there never was a judge more

popular than Judge Barnard among jurors, witnesses, spectators and

the public. They admired the celerity of his movements and they were

vastly entertained by his caustic remarks to counsel. But his remarks

about counsel and witnesses during the progress of the trial were far

more entertaining and racy than any the public was permitted to hear.

The favored persons privileged to hear these were his associates upon

the bench of the old Oyer and Terminer, since abolished and now

merged in the Supreme Court. They were drawn from the justices of the

peace of the county and with the presiding judge constituted the

criminal branch of the court. Squire George A. Durland, of the town

of Greenville, who sat in this capacity next to Judge Barnard at many

terms of court, never tired of telling about the trenchant, scathing,

witty commentary kept up by the judge upon every incident of the

trial, the counsel engaged in it and the witnesses sworn upon it.

During Judge Barnard's entire tenure of office the plea of not taking

up the time of the jurors was invoked to override every other

consideration. Not even death itself was superior to it or sacred

from it. When Mr. Winfield died on the tenth of June, 1888, and court

convened at Goshen on Monday, the eighteenth of June, Judge Cullen

suspended the regular business of the court at four o'clock to allow

a suitable tribute to his memory, including several addresses in

addition to the resolutions. But when Judge Gedney died, a month

later, there was no opportunity to take formal action upon his death

at a trial term until the regular November term. Accordingly, when

court convened at Newburgh the twelfth of November an informal

request was made to Judge Barnard for an opportunity to pursue the

same course in respect to Judge Gedney's memory that had been adopted

at Goshen in respect to Mr. Winfield. Judge Barnard promptly and

firmly refused to allow the time of the jurors to be taken up in this

way, adding: "Why, he's been dead some time, hasn't he?" So it became

necessary to change the plan and to offer simply a motion "that a

committee be appointed to present at a meeting of the bar of Orange

County to be hereafter called suitable resolutions." That there

should be further delay in honoring the memory of this great lawyer

and brilliant advocate, after there had already been a necessary

delay of four months, is not a reproach that rests upon the bar of

Orange County. As the motion occupied only two minutes it was

promptly granted and the committee purposed to present the

resolutions at the following term of court to be held at Goshen in

January, 1889, which was expected to be presided over by Judge Brown.

But when Judge Brown was transferred to the Court of Appeals he

became disqualified from holding the term and Judge Barnard

unexpectedly took his place. Admonished by previous experience no

attempt was made to present the resolutions at that time or to apply

for permission to make addresses in honor of Judge John G. Wilkin,

who, also, had meantime died. So the tributes of the Orange County

bar to Judge Gedney, Judge Wilkin and Surrogate Henry A. Wadsworth,

whose death also had occurred, were massed together at a meeting of

the bar presided over by Judge Brown on Saturday, the second day of

February, 1889, seven months after the death of Judge Gedney, without

those customary adjuncts to the dignity of the occasion--the crowded

court room; the attendance of litigants, jurors and witnesses from

all parts of the county; the solemn pause in the business of the

court; the impressive silence; the strained, eager attention of old

friends in the audience to the last tributes of respect for one they

loved; all of which were not only appropriate but, indeed, imperative

in honoring one who had so often held that very court room silent,

captive, enthralled by the spell of his genius.

If Judge Gedney's brethren had felt, in the first instance, that a

tribute to his memory at a mere meeting of the bar would be

appropriate and adequate, it would not have been delayed seven

months, as such a meeting could have been called at any time after

his death. That it was not so called shows the strength of a

sentiment which was ruthlessly trampled upon by judicial contempt not

merely for all the traditions of the bar but for all the sacredness

of love and death.

At the same time the bar always recognized with gratitude the earnest

desire on the part of Judge Barnard to transact all the business that

he could and to accommodate the bar as much as possible. It was this

disposition that led to his constant signing of _ex parte_ orders

without looking at them, trusting to the honor of the bar not to

impose upon him and, also, to a motion by the other side to vacate

any improvident order. The lawyers, through long custom, so came to

prefer this system that they resented any departure from it by new

judges who could not take this view of their duties. When Judge

Brown's transfer to the second division of the Court of Appeals led

to the Newburgh special terms being taken by Judges Cullen and

Bartlett, the bar practically boycotted them in favor of Judge

Barnard's Saturday term at Poughkeepsie, merely because both Judge

Cullen and Judge Bartlett manifested a very decided preference to

know what they were signing. Gradually, however, the lawyers learned

that this course was not intended as a reflection upon the bar, but as

a help to it, in preventing any such mistake or oversight as might

lead afterwards to serious consequences. Of this I once witnessed a

striking illustration. An attorney desired an order to examine a

party before trial in a case in which the examination of his

adversary was absolutely essential to his success in the litigation.

Judge Bartlett sent the affidavit back to him three times for

correction and the order was finally sustained in the Court of

Appeals because of the sufficiency of the affidavit. All this

involved to Judge Bartlett conscientious labor and minute examination

which he might well have shirked and which judges generally consider

counsel have no right to expect of them or to impose upon them.

Judge Barnard was the most conspicuous of all the judges in his

anxiety to save the lawyers the trouble of travel in order to

transact their business. He instructed the Orange County attorneys to

mail to him an order designating a referee of their own choice, to

compute the amount due in foreclosure cases, with the report of the

referee signed by him in anticipation of his appointment, together

with the judgment of foreclosure; whereupon he signed at the same

time both the order of reference and the judgment of foreclosure,

promptly mailing them back, although it was physically impossible

that the referee should have acted in the interval between his

appointment and the judgment. This practice, which is now regarded as

irregular and which even the most accommodating judges now

discountenance, resulted in no harm, for it rested upon the most

implicit good faith on the part of the attorneys, while the

confidence of the judge was never, in a single instance, abused. An

incident strongly illustrating this trait of Judge Barnard also grew

indirectly out of Judge Brown's transfer to the Court of Appeals.

Judgments of foreclosure in cases in Sullivan County had usually been

taken before Judge Brown at Newburgh because, though in another

judicial district, Orange County is an adjoining county and this is

permitted by the code. But soon after judge Brown left Newburgh an

attorney, overlooking the fact that Dutchess County does not adjoin

Sullivan, sent the papers in a Sullivan County foreclosure case to

Judge Barnard to be signed by him on Saturday at Poughkeepsie. His

eagle eye at once noticed that the action was in Sullivan County and

that he had no jurisdiction to act in the case in Dutchess County.

Any other judge would have returned the papers, calling attention to

the difficulty. But did this satisfy Judge Barnard? Not at all. This

would not have advanced the business. This would not have "helped out

the boys." So he struck out the word "Poughkeepsie" in the order and

judgment and in his own handwriting substituted the word "Newburgh,"

thus making himself, by a legal fiction, sit in an adjoining county

for five minutes, for the purposes of that case, though he was

actually in Poughkeepsie all that day, and though he never held a

Saturday special term in Newburgh in all his life. Judge Cullen and

Judge Bartlett would have felt that they were inviting impeachment by

such an act, and yet Judge Barnard was moved solely by the desire to

facilitate the business of the attorneys in every possible way. To

him an irregularity meant nothing unless it meant also a wrong. But

those days have passed and have been succeeded by better days, in

which it is recognized by the courts and the lawyers alike that they

should co-operate in making even their routine practice so regular as

to exclude any possibility of error.

There will be no sigh in this retrospect over the better days of long

ago, no wail about the "good old times." The better days are now and

the good times have come at last. The new generation of lawyers now

entering upon their active career has reason for gratification that

the facilities for the orderly, deliberate, tranquil trial and

hearing of their causes, with the prospect that even and exact

justice will be rendered in them, are greater to-day than at any

previous period in the history of the county. There never was so good

an opportunity for a young, ambitious, able advocate to win fame at

the bar of Orange County as there is to-day. While the subjects of

litigation and the conditions of business have somewhat changed in

the last fifty years, human nature has never changed. Juries respond

to-day as readily as then to the touch of a master spirit. When

jurors ask nowadays why they do not hear such speeches at court as

their fathers have told them about the answer generally given is that

judges frown upon anything like display and hold the lawyers down to

business. The business of an advocate is to make a good speech and no

judge ever was able to stop a good speech. Let no young lawyer seek

indolent refuge in the pretext that the judges will not give him a

chance. Let him not, with difficulty, fold his restless pinions lest

they be arrested in their soaring flight by judicial insensibility.

No, the reason that forensic eloquence has so lamentably declined in

Orange County lies not in the hostility of judges, but in the

absorption of lawyers themselves in the merely material, sordid

aspects of life, to the exclusion of any interest in those liberal

arts and erudite pursuits which alone can anoint the hesitating lips

with the honey of eloquent discourse. The field is clear for another

Winfield or Gedney.

It is the fashion to say that the influence of the bar has

declined--that the legal profession, as a body, does not enjoy the

same measure of public respect which was paid to it in the early days

of the republic, or exercise now that ascendancy over public opinion

which once it exerted so powerfully and so naturally. It is true,

indeed, that coincidently with the stealthy, sinister growth in the

Northern States of the modern machine methods of party management the

lawyer has been gradually and inevitably displaced as a leader of

public opinion. It is only in the South that the influence of the

lawyer among the masses is still unshaken because there the appeal of

candidates is still made directly to the people who, through their

primaries and in other republican ways familiar to the fathers and

founders of the nation, express their preference and give effect to

their choice.

But it is significant that, even in the North, whenever the people at

large resolve to destroy long-standing abuses or odious machines, as,

at stated intervals, they always proceed to do, they turn

instinctively, as of old, to the plain, simple, honest, busy,

practicing lawyer. Among the lawyers elected to the high office of

governor of our State the three governors whose homely, direct,

straightforward methods have most captivated the imagination and

impressed the conscience of the passing generation are Tilden,

Cleveland and Hughes, who simply brought to their duties the habits,

the instincts, the training and the ideals of the old-fashioned

country lawyer, whose first aim is always to protect the interests

committed to his charge without any thought as to the effect of his

course upon his own interests, popularity or future. This training,

this tradition, this character of the true lawyer still happily

survives all changes in political methods or party management and

still constitutes the highest security the people have for the

faithful administration of their laws, wholly un-swerved by selfish,

ulterior or sinister purposes.

At the time, now forty years ago, to which my memory of the Orange

County bar runs back, these honorable traditions were wholly

maintained by a bar, the members of which still enjoyed a high place

in the public esteem and exercised a profound influence upon public

opinion, based upon the dignity and importance of their profession as

well as upon their personal talents and character. The relations

between the lawyers and the farmers were particularly close,

confidential and agreeable. The soil was still largely occupied by

men of character, education and intelligence who freely sought the

counsel and society of their friends among the lawyers at whose

offices and homes they were as cordially welcomed on a social or

political call as upon a professional visit. The reason that the sons

and successors of the lawyers of that day have, to some extent, lost

touch with the interests of the soil is that the farmers of that day

were not able to persuade their sons to become their successors. The

saddest change that has overtaken Orange County in the last forty

years is not in the character of its professional men, but in the

character of its farming population.

Identified with the period included in the personal recollections

here but partially preserved are several groups of fathers and sons

who may for convenience be considered together; especially as a

sufficiently consecutive view of the period has now been presented to

admit, henceforth, of greater latitude in respect to time and order.

Joseph W. Gott, senior, died in 1869 after twenty-seven years

continuous practice in Goshen, where he established the enviable

reputation throughout the county of being one of the most honorable

and high-minded men, as well as one of the most able and successful

lawyers, known to his generation. His premature and deeply regretted

death occurred before his only son could be admitted to practice.

Joseph W. Gott, Jr., was admitted in 1875 and since then, like his

father, has practiced continuously in Goshen. No higher praise can be

bestowed upon him than to say, that while he has, by his own vigorous

intellect and independent character, won for himself prominence at

the bar, he has never lost sight of the high ideals which animated

his father.

The general confidence in his supreme honor and integrity which he

has always enjoyed corresponds most touchingly to the confidence and

respect always inspired by his honored father. With him is now

associated in practice his own son, Percy Van Duzer Gott. These two

are mentioned first in the group of fathers and sons because they are

the only lawyers in Orange County, thus associated, who constitute

and represent four generations of Orange County lawyers. For in them

flows not only the blood of the elder Gott, but the blood of the Van

Duzers and the Gedneys.

Isaac R. Van Duzer, who married in 1826 the older sister of Judge

Gedney--their daughter, Charlotte, being married to Joseph W. Gott in

1847--was, undoubtedly, the most brilliant advocate, with the single

exception of Ogden Hoffman, who ever addressed an Orange County jury.

All the accounts of contemporaries and all the traditions of the bar

unite in this verdict. Often have I heard Judge Wilkin, who as a boy

heard him in Goshen, expatiate upon his transcendent powers. He died

prematurely in his fortieth year, but the opinion entertained by his

generation was that, had he lived, his name would have gone down to

history with the foremost orators of his age. Of their distinguished

ancestry at the bar of Orange County the Gotts may well be proud; for

the junior member in the present firm is now the fourth in a line of

lawyers whose practice and residence at Goshen have extended over a

period of eighty-five years--from 1823 to the present time.

John W. Brown was admitted to practice in 1822, just one year before

Mr. Van Duzer, to whom he was related, Judge Brown having married a

Reeve, which was the family name of Mr. Van Duzer's mother. It is

remarkable that if the practice of Judge Brown and of his own son,

Charles F. Brown, had not been interrupted by extended terms of

judicial service in the life of each--sixteen years in the life of

the elder Brown and fourteen years in the life of the younger--the

continuous practice of the two Browns would now cover a period of

eighty-six years. As it is, their contributions in two generations to

the jurisprudence of the State, at the bar and on the bench, cover a

longer period than that embraced in the careers of any father and son

associated with the legal annals of Orange County. I say still

associated because, although Judge Charles F. Brown is now one of the

two or three acknowledged leaders of the bar of the State, with his

office in New York City, where his practice is largely in the

Appellate Courts, he still retains his residence in Orange County and

a nominal connection with the firm established in Newburgh by his

former partner, Mr. Cassedy.

[Illustration: Stph. Fullerton]

His own career has already been sufficiently treated in its

appropriate place in this commentary. It only remains to add that his

life-long veneration for his father's memory and his consistent

emulation of his father's example supply an element of interest to

his career and of filial tenderness to his character not appreciated

by the thousands of his admirers, among the judges and lawyers of the

country, who know him only through the cold medium of his published

judicial opinions.

Judge John W. Brown was undoubtedly a great man. Serving two terms in

Congress from 1833 to 1837; a prominent member of the Constitutional

Convention of 1846; elected in 1849 to the Supreme Court and again in

1857, his life was one of unceasing activity, influence and power.

His greatness as a judge may be inferred from the remarkable

circumstance that no decision made by him was ever reversed by the

Court of Appeals, of which court he was himself a member, under the

system then prevailing, during the last years of his successive terms

as a judge of the Supreme Court.

It is not strange that one who was born to the heritage of such a

name should have sought to add, as indeed he has added, to its luster

in a succeeding generation.

It was while Charles F. Brown was district attorney of Orange County

that John W. Lyon became an official of the county through his

appointment to the office of assistant district attorney. The career

of the Lyons, father and son, now covers a practice of sixty-one

years in Port Jervis, the longest period of continuous practice at

the bar carried over from father to son, in Orange County.

Thomas J. Lyon, or, as his friends affectionately preferred to call

him, Tom Lyon, was a man of great native talent and marked

originality. Beginning life as a Methodist preacher, but coming to

prefer the more extended opportunities for usefulness afforded by the

law, his fame in the fifties soon spread from the Delaware to the

Hudson. Throwing himself with ardor into the exciting political

contests which marked this period, he was in constant demand as a

campaign speaker and his political services were recognized by a

lucrative appointment under the administration of President Franklin

Pierce. Twice elected to the Assembly and once a candidate of his

party for the Senate, his abilities always received the cordial

recognition of the public with whom he kept constantly on good terms.

The announcement that he was to speak at a political gathering was

always sure to attract a large attendance of adherents of the

opposite party for they knew they would be entertained by his sallies

though they might not be seduced by his arguments.

His control over juries was due to a mingling of magnetism and humor.

He could touch the chord of sentiment and the response was immediate.

He could cover his opponent with ridicule and the result was

contagious and convulsive laughter. No weapon is more powerful at any

time than gentle banter and no one knew better how to employ its

arts to the discomfiture of an adversary than Thomas J. Lyon.

His son, John W., inherits his ability and much of his originality.

He, too, has always taken a deep interest in politics and he has been

heard on the platform in every campaign since 1872.

He was the pioneer of the bar in that branch of the practice which

has since assumed such proportions, railway litigation. He was the

first to carry to the Court of Appeals many important questions,

relating to the liability of the master for injury to the employee,

which were settled by that court in favor of the positions contended

for by him.

A most interesting feature in the genealogy of the profession is the

fact that the daughter of John W. Lyon, Frances D. Lyon, is also a

lawyer duly admitted to practice, having supplemented her studies in

her father's office by a course at the Cornell Law School from which

she graduated with honor, subsequently passing her examinations

before the State Board. She is now engaged in practice with her

father, to whom her aid is invaluable in the office, while she has

also shown marked ability in her appearances at court.

Thus we have in the Lyons the only family in Orange County, except

the Gott family, in which there have been three successive

generations of lawyers bearing the same name.

Eugene A. Brewster and George R. Brewster cover a period of sixty

years' continuous practice, the elder Brewster having been admitted

in 1848. The judgment of his associates, placing Eugene A. Brewster

in the front rank of the lawyers of his time, has already been

expressed. Upon his death his son, George R., succeeded to his

practice in the same office to which for so many years the friends of

his father were accustomed to bend their steps and where they never

received any but the most wise and judicious counsel. George R.

Brewster inherits the sound judgment and conservative instincts of

his father and well maintains the dignity and responsibilities of his

honorable name and lineage. His public spirit and devotion to every

worthy cause are among the most conspicuous of his traits of

character. Possessed of ample means and under no spur of necessity he

gives freely to the public all the time he can spare from a practice

which has been attended with great success, one of the most notable

of his recent legal victories having been gained in restraining the

building of a railroad across his client's property.

His sense of civic duty has been strikingly exemplified in the

conscientious performance of his duties as supervisor, though his

acceptance of the office involved great inconvenience and sacrifice.

His labors in behalf of St. Luke's Hospital have been of inestimable

value to that noble benefaction.

In a community as conservative as Newburgh, where one minister is

still acceptably serving his congregation for the fifty-second year

and another for the thirty-fifth, it counts for something, and very

properly so, that a man should be the son and successor of an

honored, respected father. When Mr. Brewster died his son was made a

director of the Newburgh Bank in his father's place and when Abram S.

Cassedy died the same course was taken in the Quassaick Bank in

respect to his son, William F. Cassedy.

The Cassedys, father and son, cover a period of fifty-one years'

continuous practice, the elder Cassedy having been admitted in 1857.

The high place gained by him in the esteem of the bar and in the

confidence of the public has already been set forth at length. This

confidence has been transferred to his son, William F. Cassedy, to a

degree almost unprecedented in the career of a young practitioner but

in every sense justified by his high character and brilliant talents.

Mr. Cassedy has during the last few years managed and represented

estates of as great magnitude as the estates represented by all the

other lawyers of Orange County combined. He has a special talent for

this important branch of the practice, but, like his father, can drop

his papers and go to court with his case well prepared for trial. The

ability with which he uniformly presents it to a jury is well

reinforced by the same winning manner and pleasing personality which

has endeared him to so many friends.

When Judge Charles F. Brown was in 1883 elevated to the bench of the

Supreme Court, the firm of Cassedy & Brown, of which Abram S. Cassedy

was then the senior member, was, of course, dissolved. When Judge

Brown retired from the bench in 1897, Mr. Cassedy having meantime

died, the names became transposed, the firm of Brown & Cassedy then

formed, and still continuing, being composed of Judge Brown and

William F. Cassedy. That this association of his name with that of

his old partner's son should be pleasing to Judge Brown is a

distinguished mark of that great jurist's confidence, esteem and

affection which indeed, are shared by all, bar and public alike, who

come to know the pure and lofty character of William F. Cassedy.

William B. Royce who with his son, Herbert B. Royce, is engaged in

practice in Middletown, was admitted forty years ago, but being

persuaded, while in the full tide of active practice, to accept the

position of president of the First National Bank in 1875, his career

as a lawyer was interrupted for seventeen years. Resigning this

position, however, at the end of this period, he soon recovered his

scattered practice and upon the admission to the bar of his son the

firm of William B. and Herbert B. Royce was formed. This continued

until the autumn of 1906 when, John C. R. Taylor, having been elected

to the Senate, the firm of Taylor, Royce & Royce was formed.

Mr. Royce has greater capacity for public business than any lawyer

who ever practiced at the bar in Orange County. His mind grasps

readily, his tastes run naturally to, every phase and variety of

town, county and municipal relations, improvements and enterprises,

with all the important questions involved in them in respect to the

proper distribution of public burdens. He is an authority upon

corporation law in respect both to the organization and management of

corporations. His power of clear statement, in respect to any

involved or intricate situation, is very great.

There is one characteristic of Mr. Royce which is fully appreciated

only by those who have been in a position to see its frequent

effective exercise. He loves to settle disputes among neighbors and

litigants. He has genuine talent for making each party see how it

would benefit him to make some concession and even greater tact in

pointing out how certain concessions necessary to the settlement will

still leave the pride and dignity of the parties uncompromised. He

absolutely has never failed in bringing about an agreement which he

started out to compass. Sometimes, indeed, the perverseness of the

parties has seemed to make the difficulties insuperable, but this

has only spurred him on to renewed exertions. Those who know how

unprofitable and unwise for both parties is any litigation which can

possibly be avoided and, especially, any litigation representing only

an honest difference of opinion, will realize the indebtedness of the

public to Mr. Royce for those unselfish exertions and that salutary

influence which, throughout his entire professional career, have been

steadily, consistently and successfully directed to the promotion of

peace and the soothing of angry controversy.

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