USA > New York > The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career > Part 39
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A measure which became necessary for him per- sonally to carry into execution, was never delayed on account of darkness or the elements. In such cases, sunshine and tempest, day and night, were all the same to him.
The following incident illustrates this character- istic, and evinces a greatness of action which, had he been a military commander, would in times of war have rendered him formidable and victorious in the field.
While in the discharge of his duties as district- attorney under the large district system, he left Bath to attend a term of the Allegany Oyer and Terminer, at Angelica. At that day, lawyers, as well as judges, traveled from circuit to circuit on horseback. In those days Cruger was the owner of a valuable horse, which he called Jingle Foot. He was a large bay animal, with a white star in his forehead, finely pro- portioned, and, like his master, with whom he was a great favorite, capable of great endurance ; he was as fleet as a deer, and as docile as he was fleet.
Jingle Foot had for two or three years, carried his master to all the courts in western New York, and he was therefore almost as famous as the steed of Alex- ander the Great. On this visit to Angelica, Mr. Cruger, as usual, rode his favorite horse. He reached that village some time in the afternoon on the first day of the circuit.
On his arrival, he found his Democratic friends in a state of great vexation, excitement and chagrin,
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owing to an advantage which the Federals had ap- parently gained over them.
About this time the term of the clerk of the county of Allegany, who was a Republican, was drawing to a close. That officer was then appointed by the council of appointment at Albany, which at that time was composed of Democrats, and of course would appoint any person upon whom the leaders of that party in Allegany county could unite. This council was to meet on Thursday of that week, but as there had been some secret misunderstanding among the Democrats as to the proper person to reccommend, no name had been sent to Albany.
In the mean time, the Federal leaders, who had been on the alert, learned of the troubles in the ranks of their opponents, and that there was likely to be such a disagreement that no person would be recom- mended to the council by them for clerk, secretly sent forward the name of one of the most bitter, rank, and objectionable Federalists in the coun- ty as a candidate for that office ; and of course, if there was no opposition, he would be appointed, otherwise the old clerk would hold over. The fact that a Federal name had been sent to the council of appointment had just come to the knowledge of the Democrats when Cruger arrived. The partizan contests of those days were bitter in the extreme. The appointment of clerk was a matter of considerable advantage ; and of course this was a serious affair - especially as it was now apparently too late to remedy the evil.
Nothing could exceed the chagrin and mortification of Cruger on learning this state of things. In a few moments his room was filled with the leading Repub- licans of the county. A Federal clerk in the county of Allegany ! Good heavens ! Why, the matter was not to be thought of. But as the appointment was so soon to be made, no mail could reach Albany in time to prevent it, and the matter seemed already
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decided. For a time Mr. Cruger walked the room in a state of intense excitement. At length he sent for the landlord ; that person soon made his appearance.
"Bullock," said Cruger, "have Jingle Foot well rubbed, fed, saddled and bridled within an hour and a half."
He then sent for General Haight, who was attend- ing court at Angelica at that time. When that gen- tleman appeared, he said :
"General, I want you to take charge of my busi- ness during this term ; put over what causes you can, and try the rest, for I am going to Albany."
"Going to Albany !"' exclaimed several gentlemen . at the same moment.
"Going to Albany, Cruger ? What can you be going to Albany for ?" asked General Haight.
"To prevent this county being disgraced by a Federal clerk," was the reply.
"Why, good heavens, Cruger !"' said a gentleman present, "you can't reach Albany in time to prevent that appointment now."
"Yes I can. Jingle Foot will land me safely in Albany between this and Thursday noon, or I am mistaken in him; at any rate, he and I will make a trial to overturn the nice plans of these infernal Fed- eralists," said Cruger.
He then gave the general some further instruction concerning his business, and in due time word came that Jingle Foot was ready at the door.
This was in the month of June. The sun was just going down as Mr. Cruger mounted his horse and rode out of the village. Night and day, over hill and dale, he pressed forward, stopping just long enough for refreshments and a little rest. Jingle Foot seemed imbued with the same determined energy as his mas- ter-seemed to gather fresh strength as he sped on his course. Such was his progress, that, just as the old Albany town clock tolled the hour of noon, Cruger drew him up in front of the City Hotel.
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" Take such care of that horse as you never did of any other," said he to the ostler, who came for- ward as he rode up ; and the noble animal was soon safe in the comfortable stables of the hotel.
At the appointed time the council of appointment assembled. As Allegany county was the first on the list, that body was in the act of naming the person recommended by the Federalists for clerk of that county, when Daniel Cruger, to their great astonish- ment, stood before it. He was not long in relating the true situation of affairs in that remote region, and matters were soon arranged to his satisfaction.
After resting a day or two at Albany, he again mounted Jingle Foot, returned to Angelica, and the Democrats of Allegany county rejoiced in the appoint- ment of a clerk belonging to their own party, having learned a lesson that healed all dissensions among them. This is but one of the many circumstances which, during Mr. Cruger's political career, attest his almost superhuman energy.
In person Mr. Cruger was below the common hight ; thick set, though not corpulent ; well formed, having one of those figures which bespeak the true gentleman. He was graceful and easy in his manners. His conversation was refined and cultivated. Both Mr. and Mrs. Cruger possessed that hospitality which always filled their house with intelligent and pleasing guests.
During the session of the courts at Bath, their home was always the headquarters of the judges who presided. There Ambrose Spencer, Yates and Van Ness, rested from their labors in the court. room ; there, too, John C. Spencer, Elisha Williams, Samuel A. Talcott, John A. Collier, David Woodcock, and other eminent lawyers of the day, forgetting the collisions of the bar, were entertained by Mr. Cruger and his accomplished lady, while many an agreeable hour passed by enlivened by pleasing and refined conver- sation.
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It was the custom in those days, when the pre- siding judge arrived at a county seat for the purpose of holding court, to receive him with public honors ; and when the hour for the session to open arrived, the sheriff, in full uniform, attended by his assistants, car- rying their badges of office, waited upon him at his lodgings, and escorted him to the court house ; and in the court room every thing was conducted in the same formal manner. The dignity of the bench was sus- tained by the dignity of the bar, and the people were thus led to believe that justice, though incumbered with many formalities, was sacred and awful. Though those customs would not answer for Young America- much older now than at that time-yet a recurrence to them is not without profit and interest.
In the year 1828, Mr. Cruger sustained an irrepara- · ble misfortune in the death of his wife. She died at Syracuse, while her husband was a temporary resi- dent of that place. Soon after this event, he returned to Bath, dividing his time between his profession and various other business matters in which he was en- gaged.
In the year 1833 he was married to Mrs. Shepard, a highly respectable widow lady residing at Wheeling, Virginia. Soon after this, he invested his property at Wheeling, and became a resident of that town. Here he lived in great respectability, occupying a promi- nent and honorable position in society, regarded as an intelligent and honorable gentleman. Early in June, 1843, while attending a meeting of the directory of the Wheeling Bank, he was stricken down with apoplexy, dying within a few moments after the attack.
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SAMUEL H. FITZHUGH.
His Peculiar Characteristics .- Contradictory Traits of his Character .- His Independ- ence .- His Firmness .- Born at the Hive, in Maryland .- Enters Jefferson Col- lege .- His Popularity with the Faculty .- An Interesting Incident .- Troubles with Ridgeway, the Kentuckian .- Call me Ridgeway, Sir, not Ridge .- Fitzhugh insists upon "Ridge."-Incurs the Hatred of Ridgeway .- Scene in the Ball Room .- The Insult .- The Manner in which Fitzhugh Resented it .- Pulls Ridge- way's Nose .- The Result .- Fitzhugh Graduates and Commences the Study of the Law with Judge Howell, at Canandaigua .- Is admitted to the Bar .- Removes to Wheeling, Virginia, and Commences Practice. - His Marriage. - Early Death of his Wife .- Removes to Mount Morris, New York .- Enters the Practice. -Is appointed a Judge of Livingston County .- Character of the Bench and Bar of Livingston County .- Judge Fitzhugh on the Bench .- The Perjured Witness .- The Arrest .- The Scene in the Court Room between two eminent Lawyers .- Fitzhugh enters into a Partnership .- Fitzhugh's Learning .- His Literary Taste. -His Favorite Authors .- Did Shakespeare understand the Art of Budding Flowers? - Proof that he did .- The Quotation. - Judge Fitzhugh's Love of Fishing .- Singular Fishing Excursion .- Meets a Strange Fisherman .- Fitzhugh's Disgust at his Manner of Fishing .- The Reconciliation .- Amusing Incident at Geneseo .- A Cup of hot Coffee out of Place .- The Garrulous Lawyer .- Fitz- hugh's Witty Reply to him .- The Wood Thief .- Amusing Anecdote.
WITH the life of Judge Fitzhugh there are connected many pleasant recollections. He was a scholar of fine attainments-a lawyer deeply and thoroughly read in all the learning of his profession. He possessed a strong native intellect-clear and forcible reasoning powers ; his education was enlivened and vitalized by association with men of varied acquirements. Thus, he was a man of no ordinary mind ; while his manly nature, his generous and high-toned impulses, his sin- cere and chivalrous sense of honor, his blunt but dis- interested honesty, constituted him a gentleman by intuition.
It is true, that there were dissimilar features in his character, an abruptness in his manner- certain ex-
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tremes in his disposition, which on a slight acquaint- ance were difficult to reconcile ; but when those traits were thoroughly understood, they rendered him at- tractive and pleasing. Singularly independent in his nature and judgment, he was not easily influenced by authority, numbers, or popularity. If a man, an idea, or sentiment pleased him, he did not stop to consider the popularity or unpopularity connected with the man, the idea, or sentiment ; he adopted the one as a friend, the other as a pleasure. There was not force enough in the universe to coerce him into a measure ; but a friend could lead him by a hair. If there were in his character many blemishes, they were counter- acted by many excellent qualities. With him, hy- pocrisy, smooth-lipped deception, honeyed treachery, soft and fawning deceit, were loathsome and hateful. Finally, he was one of those men who, like Mark Antony, spoke "right on."
Samuel H. Fitzhugh was born at the Hive, Wash- ington county, Maryland, February 22, 1796. After a thorough preparation, he was admitted into Jefferson College, Pennsylvania. This institution was then very popular with the southern people, and many sons of the rich planters were the fellow students of young Fitzhugh. His frank and sunny nature rendered him a favorite with all the students, while his studious habits commended him to the faculty.
During his first year in college, an incident oc- currred which exhibited his character when smarting under an insult. There was in the college at that time, a student by the name of Ridgeway, from Ken- tucky. Large and powerful in person, haughty and overbearing in his manner, he was frequently engaged in collisions and broils with the students. This per- son had conceived a dislike to Fitzhugh for his straight out and independent nature; and because he insisted upon calling him Ridge, instead of Mr. Ridgeway.
"Fitzhugh," said he, one day, "my name is not
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Ridge ; it is Ridgeway, sir ; call me by my name after this, sir."
"My name is Fitzhugh, sir; a good name it is too, sir ; but the boys call me Fitz, and I've no objections ; they insist upon calling you Ridge, because it is short and business like, and so Ridge, here goes for the future ; Ridge it is, and Ridge it must be ; good night, sir."
From that time, Ridgeway became dark and sullen in his manner towards Fitzhugh, and gave out word that he would punish him when an opportunity oc- curred. Once he offered a slight insult to him, but Fitzhugh took no notice of it. This the bully at- tributed to cowardice, and was even more insolent to him.
One evening while Fitzhugh and Ridgeway, in company with several other students, were attending a ball at Gettysburg, it happened that they both sought to engage an accomplished young lady at the same time, for a set ; the lady declined to dance with the latter, but accepted the invitation of the former. A malignant scowl exhibited the irritation of Ridg- way, and as the successful suitor was leading his partner to the dance, the Kentuckian rudely jostled against him, almost throwing him upon the floor. Fitzhugh instantly regained his position, and without regarding his assailant, joined in the dance. But all who were present saw by the bright glow on his cheek that a storm was raging in his bosom. Nothing, however, occurred to mar the pleasure of the evening. The young men joined in the dance, with- out adverting to the matter ; but Ridgeway assumed a more important air, which seemed to say, "he fears me." The next morning, Fitzhugh met him in com- pany with several students. "Stop, sir," said he, as the latter was passing him. " Why did you jostle me last night at the dance ?"
"Because it suited my pleasure to do so, and
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what is more, because you dare not resent it," said Ridgeway."
"I dare wring your nose, sir," and suiting the action to the words, he seized the nasal organ of the bully, and gave it a twist, which caused it to look like a purple excresence, upon which a surgical operation had just been performed. "Resent that if you dare. I'll teach you manners, sir, before I get though with you," said Fitzhugh. Contrary to the expectation of the students, Ridgeway turned and left his assailant without uttering a word. For some days after this event, there were rumors of a challenge and various retributive movements on his part, but he was very careful to avoid Fitzhugh, and no further acts of hos- tility occurred between the young men. The Ken- tuckian lost his presumption and impudence. At length he sought an interview with Fitzhugh, and acknowledged that he was in the wrong, and that it had been properly resented. This ended all coldness between them, and they remained friends during their term in college.
In June, 1816, Mr. Fitzhugh graduated. After leaving college, he became a resident of Canandaigua. While there, he was invited by the late Judge Howell to enter his office as a student at law. The invitation was accepted, and Mr. Fitzhugh commenced his legal studies. Some time after this, Judge Howell formed a copartnership with the late John Gregg. Mr. Fitz- hugh continued with these gentlemen until October, 1819, when he was called to the bar. Immediately after receiving his license to practice, he removed to Wheeling, Virginia, where he opened an office, and entered on the duties of his profesison. His success as a lawyer was flattering, and he soon gained a very respectable position at the Pennsylvania bar. He was married to Miss Mary Addison, a daughter of Judge Addison, of Wheeling, in October, 1820. Mrs. Fitzhugh was an accomplished and lovely woman. To the attributes of a gentle and loving wife, she added
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those of an attractive and agreeable leader in the so- ciety at Wheeling. Mr. Fitzhugh's union with her was fortunate. But in the midst of his domestic hap- piness, death removed her who was its center and its life. Mrs. Fitzhugh died in December, 1821, leaving one son, William A. Fitzhugh, Esq.
Judge Fitzhugh continued at Wheeling until the year 1831, when he removed to Mt. Morris, Livingston county, N. Y. Having interests to a considerable ex- tent in lands at that place, he engaged, for a time, in agricultural pursuits. But his love for the legal pro- fession caused him to relinquish the life of a farmer, and he returned to the practice of law.
In the year 1840 Colonel Reuben P. Wisner, of Mt. Morris, was appointed one of the judges of the Livingston Common Pleas. After holding the office a few days, he resigned, and Mr. Fitzhugh was ap- pointed to fill the vacancy. At this time, Willard H. Smith, of Caledonia, was first judge of Livingston County, and James Faulkner, of Dansville, and David H. Bissell, of Geneseo, were associate judges. Judge Smith was a lawyer of fine attainments, and a judge who presided with marked ability, dignity and impartiality, while his associates were men of much more than ordinary ability. The appointment of Mr. Fitzhugh was a valuable acquisition to the bench of Livingston county. His learning and experience as a lawyer were not the only qualifications which gave him character as a judge. His keen love of justice and right-his hatred of all fraud-his promptitude, and sterling honesty were still more valuable traits in his character. Under the supervision of such able judges, the Livingston Common Pleas attained a high rank as a tribunal, and at its bar the leading lawyers of western New York constantly appeared.
At a term of this court held in May, 1842, a cir- cumstance occurred which exhibited the stern love of justice which animated Judge Fitzhugh. During the progress of a trial, in which the late John Young and
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Hon. J. B. Skinner, now of Buffalo, were opposing counsel, Judge Fitzhugh presided. In the course of the trial, a witness was introduced by one of the parties, whose testimony was so strongly contradicted by various circumstances, that it was apparent he had committed perjury.
"Sheriff !" thundered Judge Fitzhugh from the bench, "arrest that man, and commit him to jail for perjury ; and if no one else appears against him be- fore the grand jury, I will; for he has desecrated the precincts of justice with falsehoods."
The order was obeyed, and the judge himself ap- peared before the grand jury, which was then in ses- sion, and preferred the complaint. The man was in- dicted for perjury, and convicted.
During this trial the contest between the counsel descended to some severe personalities. Mr. Young, contrary to his usual dignified and courteous manner at the bar, indulged in some sharp sarcasms upon Mr. Skinner. At length the better nature of the former prevailed, and he remarked that during the re- mainder of the trial he should endeavor to try the cause in a manner that would be more comfortable to the opposing counsel, as well as to himself.
"Never mind me, Mr. Young," said Skinner. "Suit yourself; I have endured your attacks until I am like the man who laid so long on a bed of spikes that he preferred it to any other."
"Gentlemen," said Judge Fitzhugh, " unless you end this, the court will make you both acquainted with the terrors of the law."
Though the trial continued some days after this, those distinguished lawyers treated each other with all the urbanity of their nature.
Judge Fitzhugh was for several years a partner of Colonel R. P. Wisner, and they controlled a large and extensive business. Colonel Wisner is still a resident of Mt. Morris, and a prominent member of 33
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the Livingston bar. In the year 1840 he represented Livingston county in the Legislature of the State.
Judge Fitzhugh was deeply and thoroughly read in the common law. Like Lord Coke, he delighted to trace it from its dawn to that period, when, under the illustrious judges and jurists of England, it became, in the lively language of Burke, "the pride of the human intellect, the collected wisdom of ages, com- bining the principles of original justice with the variety of human concerns."
The judge once remarked to one of his students, now an eminent lawyer, that to the mind fond of exer- cising its reasoning powers, and of investigating the philosophy of the law, the earlier reports of the New York State courts afford the most valuable and interesting course of legal reading that can be marked out. He often alluded to the celebrated game case of Pierson v. Post, reported in 3 Caines, as containing the most genuine legal witticism in our language.
The strength of Judge Fitzhugh, as a lawyer, did not consist so much in his skill at the bar, as in the counselor, the legal adviser, and the judge. In all these positions he arose far above mediocrity. His knowledge of the classics, both ancient and modern, was surpassed by few. This knowledge was enlivened by a keen and brilliant wit. Such were the singular associations of his mind, such his "most excellent differences," that his wit was always at his com- mand ; and, though Lord Chesterfield has said that genuine wit never made any man laugh, yet it was impossible to be in Fitzhugh's society without giving way to immoderate laughter. He could make an aphorism or a reflection and it came home as true. His unpretending flow of conversation rendered him interesting whenever topics of intellectual interest were discussed,-the plain and solid sense which he threw . into his remarks, rendered him a pleasing and attrac- tive companion.
Among the modern authors whom he particularly
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admired was Rousseau, whose wonderful conceptions, whose impassioned and meditative mind, whose thoughts of tenderness, truth and profundity were peculiarly pleasing to him.
His favorite table books were Middleton's Life of Cicero and Hume's History of England -the former the most perfect biographical work, the latter the ablest history of England that can be placed in the hands of the reader. Often while on a fishing excursion he would drop his rod, throw himself on the grass, and repeat the harmonious and elegant language of Cicero, Virgil, Hor- ace and Livy, in their native tongue, with all their gram- matical perfection and inflections. Then he would contrast the satires of Juvenal with those of Pope, Butler and Byron ; always insisting that the latter, in writing his Scotch Reviewers, took his cue from the Satires of Juvenal.
These were no pedantic displays ; they were the actions of a mind replete with the love of those great writers, glowing and kindling with their themes. Leaving these subjects, he would turn the conversa- tion to agriculture, the improvement of stock, of fruit, and even flowers-exhibiting the most perfect and practical knowledge of all these subjects. One day while fishing with a friend, they came across some beautiful wild flowers. Stopping to admire them, Fitzhugh said :
"Is it not strange that old Will Shakspeare, who wrote so graphically concerning wars, sieges, battles and the human passions, was also a botanist, and understood the art of budding flowers ?"
"This had not occurred to me," said the friend.
"The following sentence from Winter's Tale proves it : 'The fairest flowers of the season are our carnations, and the streaked gillyflowers, but I care not to get slips of them.' Then as to the art of bud- ding, he says :
" ' We marry a gentle scion to the wildest stock,
And make conceive a bark of baser kind
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By bud of nobler race. This is an Art which does mend nature.'
There," said the judge, "does not that prove old Shake a better florist than many of our modern ones ?''
He regarded the horse as the noblest, and at the same time the most abused animal that Deity ever gave to man.
"My God, sir," said he one day, "it provokes me beyond endurance, when I see how many fools there are who attempt to manage those splendid and intelli- gent creatures, who really know more than half of their owners."
The favorite amusement of Judge Fitzhugh was trout fishing. His nice appreciation of the piscatorial art gave him the name of "the Walton of western New York." He would often leave his professional labors-with basket and fishing rod, seek some stream that shimmered and flashed along the base of distant hills, or flowed in peaceful murmurs through the grand old forests of Pennsylvania, and there perhaps,
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