USA > New York > New York City > History of the Court of common pleas of the city and county of New York : with full reports of all important proceedings > Part 5
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15
But notwithstanding this omission and the complaints made about it, he was a Judge that everybody liked. Mr. O'Conor then one of the great leaders of the bar, had a high opinion of his merit as a Judge, and so had all the lawyers, and particularly those who had the largest practice in the Court, and were the best able to judge.
He was always affable and ready to chat with any member of the profession as the opportunity offered; and in this easy familiarity made little or no distinc- tion between the highest and the humblest member of the bar. He was fond of what is called gossip, and had a large amount of local information respecting promi- nent New York families, could tell with whom they had intermarried, and had a remarkable memory for the smallest details which would scarcely be expected from a bachelor who rarely went into society or was seen at any social gathering or party. He seemed to take pleasure in this kind of information and retained in his memory many details which would escape from the minds of others.
As his term was about to expire (the appointment was then for but five years), there was a very general desire on the part of the bar for his reappointment, but the Democratic party having been then for some years out of power, there was a determination to make full use of the newly acquired patronage for political pur-
73
poses and to make no distinction even in respect to the bench. Two lawyers who were active politicians, became candidates: Thomas W. Waterman, author of a work on "Injunctions," long since superseded, and Thomas Jefferson Smith, afterwards a Judge of the Marine Court; both of them inferior to Judge Inglis in legal knowledge and ability. As it was a local appoint- ment, the jurisdiction of the Court being confined to the city of New York, it was the custom of the Gov- ernor to appoint the person agreed upon by the repre- sentatives of the city of New York, of his own party, in the Legislature. It so happened however, that Waterman and Smith who were very influential politi- cians, divided the New York delegation so that they were equally balanced both in the Senate and Assem- bly, and as neither party would give way to the other, no agreement could be arrived at. In this state of things, it was hoped that Judge Inglis might be reap- pointed, especially as the Democratic lawyers of New York had strongly urged his reappointment. But Gov- ernor Bouck was unwilling to make any exception and would appoint no one who was not a Democrat. He sought the advice of Governor Marcy, a very distin- guished man of large political experience, afterwards Secretary of State under President Polk, and he re- commended the appointment of Charles P. Daly, a young man then twenty-seven years of age, to the dele- gation for the appointment. Judge Daly had been a member of the Legislature the previous year, and as many of the delegation had been members with him, they accepted this compromise and agreed upon him. Judge Daly declined the appointment when offered,
74
being a friend of Judge Inglis whose appointment he had warmly advocated, but afterwards accepted it at that Judge's personal request, Judge Inglis being satisfied that his own reappointment could not be obtained.
On leaving the bench Judge Inglis took an office in John Street, which he kept thereafter for many years, doing, however, comparatively little or no business ex- cept an occasional reference, but passed a large part of his time in the Society Library, in which he became a trustee in 1837, and continued until 1855, and held for many years the office of Secretary of the Board of Trustees, the distinguished New York scholar Gulian C. Ver Planck being its chairman. The Society Library having no president, the chairman of the board was its highest officer.
Judge Inglis was an omnivorous reader and pre- ferred being among his books than anywhere else. He was rarely thereafter seen about the Courts, seldom if ever went into society or mingled much with men. He had an intimate young friend, a lawyer, and when tak- ing exercise in the Park upon the Battery, his favorite resort, they were almost invariably together. It might be supposed that so accomplished a man with such a widely extended and varied amount of information would have devoted his time at least in part, to some literary work or to the production of a law book that was wanted and could be useful; but he appears to have had no inclination for anything of the kind.
While he was on the bench he was invited by Columbia College to deliver a literary address upon some particular occasion which he accepted, and a friend of his who heard it said regretfully that it was a
75
failure; that it manifested learning enough but wanted constructiveness, and that the general impression of those present seemed to be that of disappointment. It may be therefore said that with all his requirements he lacked naturally the art, or had never taken the trouble to acquire it, of making use of his knowledge in pro- ducing something even for his own gratification, or which might be useful or prove agreeable or entertain- ing to others. His life would probably have been a pleasanter and happier one if he had; for after he left the bench, and especially as he advanced in years, he became moody, and it is said in his latter years, to have been under the infatuation that he would eventually come to want, a condition not to be apprehended in a man of his prudence and economical habits. A few years before his death he went to New Jersey and took up his residence at Hoboken, and is said to have died in 1863.
76
THE HONORABLE CHARLES P. DALY, LL.D.
Charles P. Daly, fifth Judge of the Court of Common Pleas, was born in the City of New York, Oct. 31st, 1816. His parents had emigrated from the North of Ire- land in 1814 and settled in this city, where the father was a master carpenter. His ancestors were the O'Dalys of County Galway, a family notable in Irish history for its many scholars, bards and legislators.
He began his education at a private school, where he had for classmates among others the late Cardinal John McCloskey and the late James T. Brady.
The death of his father, however, interrupted his studies; and, high-minded even as a boy, he was unwill- ing to depend upon a widowed stepmother. He went to Savannah, Georgia, where he obtained employment as a clerk, but chafing under ill-treatment, he shipped as a sailor before the mast and for the next three years fol- lowed the sea. His naturally active mind was, in the meantime, busy collecting knowledge and his original observations on the geographical and historical features of the many places visited in the course of his voyages, laid the foundation for the interest in those subjects in after life.
On his return to New York he apprenticed himself to learn the trade-which was before the days of steel pens and envelopes-of preparing quills for writing and mak- ing sealing wax and wafers, and in his leisure hours
77
continued his studies. He joined a literary society, and soon developed remarkable aptitude of mind and great readiness as a debater. His exceptional abilities attracted the attention of William Soulé, a member of the bar, who earnestly urged him to study law, even offering to defray the cost of his going through a colle- giate course preparatory to beginning his legal studies. He was, however, too proud to put himself under such an obligation, but upon the expiration of his term of indenture became a clerk in Mr. Soulé's office and devoted himself with characteristic assiduity to his pro- fessional studies.
The student of law was at that time required to devote seven years to his preparation for the bar, but so rapid was Mr. Daly's progress that upon the motion of Mr. Rowley, senior member of the firm, the rule was relaxed in his case by Chief Justice Nelson, and he was admitted to the bar at the end of three and one-half years of study. He at once formed a partnership with Thomas McElrath, afterward the founder, with Horace Greeley, of the New York "Tribune." He rapidly attained prominence at the bar, and became noted for the lucidity and compactness of his legal documents and his ability in the trial of causes. His notable eloquence seems also to have been a natural qualification, which at once brought him prominence and renown.
He was elected to the Legislature in 1843, and after serving his term there was offered a nomination for Congress, in a district where his election was certain, which he declined. In 1844 expired the term of Judge Inglis, of the Court of Common Pleas, and, although strongly urged to re-appoint him, Gov. Bouck offered
78
the vacant seat to Mr. Daly, then but twenty-eight years of age. He at first declined the honor on the ground of his youth and inexperience, at the same time strongly urging the prior claims of Inglis. But upon being urged by the Governor, who would not re-appoint Judge Inglis, and by Judge Inglis himself who pre- ferred Mr. Daly to any other possible successor, he accepted the honorable office which he continued to hold for forty-one years.
When by the Constitution of 1846 the office was made elective, Judge Daly was promptly chosen by popular vote for a term of six years; and was three times there- after re-elected for similar terms. In 1871 the public appreciation of his ability, fidelity and integrity was shown in an unprecedented fashion. His last appear- ance before the popular vote was well befitting his career. After the exposure of Tweed and his satellites Judge Daly was nominated to succeed himself by all factions in the Democracy and by the Republicans. Every vote cast in the City of New York in the election of 1871 bore the name of the Chief Justice of the Common Pleas.
Judge Daly became "First Judge " of the Court of Common Pleas upon the resignation of Judge Daniel Ingraham in 1857, and was re-chosen to the post in 1871, with title of " Chief Justice." He would undoubt- edly have long continued in office had not the State Constitution of 1867 prescribed the resignation of a Judge when seventy years of age. His judicial career exceeded by ten years that of Judge Story of Massa- chusetts, and by an equal term that of Lord Mansfield in England. Few jurists have had the good fortune to
79
be so honored as Judge Charles P. Daly. " The illus- trious career of Judge Samuel Nelson reached to within a few months of a full half century of service, but embraced his term in the Supreme Court of the United States as well as that in the Supreme Court of the State of New York." These words are quoted from an address made by Mr. William Allen Butler, at a meeting of the bar held in the Court on Dec. 30th, 1885, the last day of Judge Daly's official life. The call to this meeting was signed not only by Mr. Butler, but by David Dudley Field, Clarence A. Seward, F. R. Cou- dert, James C. Carter, Joseph H. Choate, Elihu Root, John L. Cadwallader, John W. Sterling, Charles C. Beaman, and many others of equal prominence. Ex- President Chester A. Arthur presided. The meeting was thronged. Addresses were made by Mr. Butler, Mr. Field, the late Judge O'Gorman, and others. An extended account of this meeting appears elsewhere in this volume.
In the evening a banquet was given at Delmonico's to the retiring Chief Justice. It was unparalleled in the sense that it was given by the Judgesof the Supreme and Superior Courts, the Court of Common Pleas, the Court of General Sessions and the Recorder and the Surrogate. The guests, with two exceptions, were all Judges. Twenty-eight sat at the table. The excep- tions were the clerks of the Common Pleas and of the Superior Courts, Messrs. Nathaniel Jarvis, Jr., and Thomas Boese.
Judge Daly has been noted for the suavity of his man- ner, the lucidity of his style, the integrity of his life, his activity, industry and thorough knowledge of the law.
80
He has written much, has been connected with many organizations, varying in their range from the Friendly Sons of St. Patrick to the American Geographical Society, over both of which bodies he has presided as president, and is to-day a member of the Union, the Century, and other clubs, and is as active as many of those who are much his junior in years.
The degree of LL. D. was conferred on him by Colum- bia College in 1860.
His published works are: The Ancient Feudal and the Modern Banking System Compared; The Judicial Tribunals of New York from 1693 to 1848; The Settle- ment of the Jews in North America; History of the Surrogate's Court of New York; Naturalization, its past History and its Present State; Biographical Sketch of Gulian C. Verplanck; Barratry, Its Origin, History and Meaning in the Maritime Law; Origin of Corpora- tions for the Promotion of the Useful Arts; The Jews of New York; Sketch of Henry Peters Gray, the Artist; When was the Drama Introduced in America; Early History of Cartography or What we Know of Maps and Map-making before the time of Mercator; Biographical Sketch of Charles O'Conor; Are the Southern Priva- teersmen Pirates; History of Physical Geography; Have we a Portrait of Columbus; Is the Monroe Doctrine Involved in the Controversy Between Venezuela and Great Britain; Wants of a Botanical Garden in New York, and many speeches and lectures with cases argued and determined in the New York Court of Common Pleas, in 16 Vols., the labor of which under his supervision has been mainly performed by Ephraim A. Jacob, now a Justice of the Court of Special Sessions of
8I
the City of New York. A portrait of Judge Daly, painted by Daniel Huntington, hangs in what was the Court room of the General Term of the Court of Com- mon Pleas.
82
0
LEWIS B. WOODRUFF, LL. D.
THE HONORABLE LEWIS B. WOODRUFF, LL.D.
Lewis B. Woodruff, sixth Judge of the Court of Common Pleas, was born in Litchfield, Conn., June 19th, 1809. He was educated in the Morris Academy at Litchfield, and entered Yale College, where he was graduated with high honors in the class of 1830. Dur- ing his course he displayed great proficiency in mathe- matics, which was in after life his favorite pastime. At the famous Law School in Litchfield, under the instruction of Judge Gould, he laid the foundation of the scholarly learning which so distinguished his judicial career, and on completing his studies in 1832 he was admitted to the Bar of Connecticut. He soon after came to New York City, and formed a partnership with Hon. Willis Hall, which continued until 1836. He afterwards became associated with Mr. George Wood, then at the head of the bar, and Mr. Richard Goodman, under the style of " Woodruff & Goodman."
In 1849 he was elected Judge of the Court of Com- mon Pleas, to succeed Hon. Michael Ulshoeffer, and held that office for six years, 1850-1855. Among his associates were Daniel P. Ingraham, Charles P. Daly and John R. Brady, and during his term he gave notable construction to the Code and Mechanic's Lien law, then both new.
At the close of his term of office in the Court of Com- mon Pleas he was elected Judge of the Superior Court,
83
where he had for associates Judges Oakley, Duer, Bos- worth, Hoffman, Slosson and Pierrepont. This office he also filled for six years, 1856-1861.
At the close of this judicial term he resumed the practice of his profession, and the reputation he had at that time acquired attracted to him a large and profit- able business. As counsel in the trial of causes, he was engaged in some of the most important cases of the day. He remained at the bar, associated as counsel with Hon. Charles F. Sanford, and his son, Charles H. Woodruff, practicing under the firm name of "Sanford & Woodruff," for six years, 1862-1867.
In January, 1868, he was appointed a Judge of the Court of Appeals to fill a vacancy occasioned by the resignation of Hon. John K. Porter, and held the office until the close of the following year.
In December, 1869, he was nominated by President Grant and confirmed by the Senate, to the office, then newly created, of Judge of the Circuit Court of the United States for the Second Judicial Circuit, embrac- ing the States of New York, Connecticut and Vermont. This appointment, urged with singular unanimity, spontaneity and earnestness by the bar and leading men of the day, was greeted with high enconiums by the press. This office he held until his death, Septem- ber 10th, 1875.
His great learning, remarkable power of analysis, deep discernment and excellent judgment made him invaluable as a counsellor, while these qualities of his mind, reinforced by habits of study and industry and sterling integrity, insured his high reputation on the bench during his whole judicial career. So close was
84
his application that he never allowed himself needed rest, his study being habitually prolonged until late into the night. "He went to the very bottom of every subject with which he undertook to deal. He cared not for a multiplicity of details; they never clogged his perception of a general bearing, and never one of them was deprived of the exact degree of weight to which it was relatively entitled. Law was to him what music or art is to some natures; it engrossed him, and was a province in which he moved a king and a master." In the expression of his legal conclusions he was clear and precise, and his written opinions are models of demon- stration.
To his mathematical genius were added mechanical skill and ingenuity of such high order, that it was said of him that "a good mechanic was lost when he studied law." This talent was developed at an early age, and his boyhood home contained many labor-saving devices, evidences of his inventive skill. In after life this fitted him to deal with the cases of admiralty and particularly of patent law, which formed so large a part of his duties as Circuit Judge.
Dignified in his bearing, and exacting the respect which was his due, he was in the family circle tender and affectionate, everywhere generous, kind and help- ful. An appearance of austerity on the bench but masked the kindness and gentleness of his heart. Him- self laborious, painstaking and exhaustive, he had little patience with indifference and negligence in the per- formance of duty in others.
Devoted to his home and home joys, genial and cor- dial, he was the delight of the social circle, and his
85
loving welcome, hospitable board and ever open door kept warm hearts constantly about him.
In the summer of 1875, broken in health, his vigor- ous mind and untiring energy having overtaxed a strong body, he went to his summer home in Litchfield, and there slowly but surely failed in strength, until on the Ioth day of September he passed away, esteemed, revered and beloved, as few men are, by all who knew him.
His honors were chiefly professional and judicial, though in 1860 he received the honorary degree of Doc- tor of Laws from Columbia College.
He began political life as a National Republican, continued with that party under the name of Free Soil Whig, and on the formation of the present Republican party became and always continued its firm friend and supporter.
Educated a Congregationalist, he first became a mem- ber of its communion. On removal to New York, he became connected with the Presbyterian Church, and later transferred his church membership to the Collegi- ate Reformed Protestant Dutch Church, of which he was an elder and one of the most valued and trusted advisors of its councils.
86
JOHN R. BRADY.
Williams
THE HONORABLE JOHN R. BRADY.
Thomas S. Brady, born in Ireland, was admitted to the New York Bar in 1826, was a Justice of the Peace, became an Alderman for the City of New York when the office meant something more than it does to-day, was a remarkable linguist, was at one period a teacher, teaching among others the late Cardinal McCloskey, and died in the city of his adoption. His three sons became lawyers and were all remarkable men. The eldest, Thomas Brady, before he attained distinction at the bar, was appointed into the United States Marine Corps and lived and died an officer of the navy.
The second son, James T. Brady, one of the most brilliant of all the members of the New York Bar, became Corporation Counsel of the City of New York, and in 1860 was the candidate for Governor of the State on the Hard-shell or Pro-slavery Democratic ticket. It is said of Mr. James T. Brady that he never lost a cause in which he was before a jury for more than a week-for in that time everything was seen through his eyes.
John Riker Brady, seventh Judge of the Court of Common Pleas, was born in the City of New York in 1821, was admitted to the bar in 1842, and immediately went into partnership with Mr. Maurice and with his brother, James T. Brady, the firm being Brady, Maurice & Brady. Mr. Maurice afterwards withdrew,
87
and the two brothers continued in business alone, until the younger one was called to the bench. Elected in 1855 to the Court of Common Pleas, Judge John R. Brady was re-elected in 1869, and before his second term had expired he was elected to the Supreme Bench. At his second election to the Common Pleas Bench, he received the endorsement of the Republicans and of all factions of the Democratic party, was unopposed, and consequently elected by an immense vote. At the expiration of his first term on the Supreme Court Bench in 1877, he again received the unanimous nomination of all parties, and had he lived but a few months longer would have retired, having reached the constitutional age of seventy. His career on the bench covered a period of over thirty-five years. In 1863, he married Katherine Lydig, daughter of Philip M. Lydig, and sister of the wife of Judge Charles P. Daly, who sat on the bench of the Common Pleas for over forty years.
Judge Brady was one of the best trial Judges known in the history of the New York Bar; many of his opin- ions attracted widespread attention, and were founded on common sense and natural justice rather than on fine technical points, though he never allowed anything to interfere with his sense of duty.
Judge Brady was a member of many social organiza- tions, was one of the founders of the Manhattan Club, one of the presidents of the Lambs' Club, and served several terms as president of the Friendly Sons of St. Patrick.
He died after an illness of less than twenty-four hours, being afflicted with an abscess on the brain, in
88
the Hanover apartment house, in the City of New York, on March 16th (1891).
A portrait of Judge Brady for a period adorned the Court room of the General Term of the Common Pleas, but on the abolition of the Court was removed to the rooms of the Appellate Division of the Supreme Court.
89
THE HONORABLE HENRY HILTON.
Henry Hilton, eighth Judge of the Court of Common Pleas, was born in October, 1824, at Newburgh, in Orange County, N. Y. His father was Scotch-Irish; his mother, Janet Graham, a woman of singular intelli- gence and force of character, was Scotch. When Henry was a small child his father removed to New York, and was engaged in business here until his death. living in Wooster Street.
Henry Hilton was the youngest of four sons, all of whom were bred to professional life. The eldest son, James, was for many years a Judge in Iowa, and is still living, at an advanced age, at Hilton, Monroe County, Iowa. The second son, Joseph Hilton, became a physician, and was at one time coroner of New York. The third son, Archibald, became prominent as a lawyer in this city early in life, and some of the older lawyers at the bar still speak of him as the best prac- titioner they ever knew. He died when a comparatively young man.
Henry Hilton was admitted to the bar in 1846, and for some years acted as Master in Chancery. He soon acquired an extensive and lucrative practice, being en- gaged in many important litigations, notably that in which it was sought to condemn the property known as "Jones' Wood " for the purposes of a public park. He
90
HENRY HILTON.
successfully resisted the attempt on behalf of the prop- erty-owners.
In the early fifties he married Miss Ellen Banker, a daughter of Edward Banker, of Banker & Schermer- horn, and a sister of James H. Banker, who afterwards became prominent as a financier and capitalist, being president of the Bank of New York, and a director in the New York Central Railroad Company and in many other financial institutions.
He was elected a Judge of the Common Pleas in 1857 by a majority of about 17,000 over William M. Allen. He edited the two volumes of " Hilton's Reports," cov- ering the period from 1855 to 1860, and the head-notes in those volumes are still regarded as models of concise and accurate statement. At the end of his term, he resumed the practice of the law, taking into partnership Douglas Campbell, the son of Judge William W. Campbell who in the Judge's youth had been his senior partner, and Joseph Bell, who had been Assistant United States District Attorney for the Southern Dis- trict of New York, and was later appointed by Presi- dent Arthur Judge of the Supreme Court for New Mexico, where he died. Douglas Campbell will be best known to posterity as the author of " The Puritan in Holland, England and America," a work wholly written while he was struggling against the fatal illness to which he finally succumbed.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.