The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884, Volume II, Part 159

Author: Stiles, Henry Reed, 1832-1909, ed
Publication date: 1884
Publisher: New York, W. W. Munsell & Co
Number of Pages: 1345

USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884, Volume II > Part 159

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JASPER W. GILBERT was born at Rome, Oneida County, New York, January 15, 1812. His paternal ancestor in this country Was Jonathan Gilbert, who, at an early period in Colonial his- tory, settled at Hartford, Connecticut, where he died about the yesr 1750.

Judge Gilbert's father was Marinus Willett Gilbert, named for Colonel Marinus Willett, with whom his father served as an officer in the Continental Army during the Revolutionary War.

Several years before the birth of his son Jasper, Mr. Gilbert became s resident of Rome.

After & preparatory course in the common schools, young Gilbert became a student at Lowville Academy, where he re- mained a considerable time. He afterwards became a student at Watertown Academy, where he made rapid and successful progress in his studies.

The industry, talents and quick perceptions of the young man gave promise of future usefulness in one of the learned professions. . As he early indicated a preference for the Bar, on his leaving the Academy at Watertown, he commenced a regular

training for the occupation of a lawyer in the office of Abraham Varick, of Utica, New York. He had then hardly attained his majority. After remaining with Mr. Varick something over a year, he entered the office of Hon. Frederick Whittlesey, of Rochester, New York, then one of the most eminent characters in the political and civil history of the State. It was with Chancellor Whittlesey that young Gilbert completed his legal studies; this was in 1835. He was called to the Bar at a General Term of the Supreme Court at Utica, in July, 1835, tak- ing his degree as an attorney at law under the eyes of those great historic judges, Chief Justice Savage, Associate Justices Nelson and Bronson; at this time he was only 23 years of age. Young as he was, he at once opened an office, in Rochester, N. Y. Self-reliant, studious and ambitious, he attained the reputation of a rising and successful young lawyer.

That he had read his profession with diligence, that he had mastered its great profundities, is easily inferred from the pro- gress he made in it. We shall not stop to consider whether he possessed much of what is called genius or not; that he did possess those intellectual qualities which lead to success, is certain. Like most young lawyers, particularly at that period, he entered ardently into politics; giving his allegiance to the now historic Whig party. As he wielded a ready and vigorous pen, he also became eminent as a contributor to the journals of that day.

Rochester was incorporated as a city in 1839, and young Gilbert was appointed its first Corporation Counsel; he there- fore enjoys the reputation of having been the first law officer of that thriving and beautiful city.

In July, 1838, the famous Young Men's Whig State Conven- tion assembled at Utica. Young Gilbert represented Monroe County in this body, took a conspicuous part in its deliberations, and was made a member of the committee appointed to prepare an address to the people. This document was principally writ- ten by the chairman of the committee. When it was presented to the Convention it was rejected, and Mr. Gilbert was requested by a majority of the committee to prepare another; he did so, to the satisfaction of the committee, and when reported to the Con- vention it was almost unanimously adopted. Time and space will not permit us to descant upon that remarkable paper; suf- fice it to say, it was eagerly read by all parties in the State, warmly commended by the Whig press, with the exception of the New York Commercial Advertiser, edited at that time by Wm. L. Stone. There was enough in this circumstance alone to have made many lawyers lose themselves in the politician; but young Gilbert was too strongly attached to his profession to become a mere politician; his ambition was to seize its solid honors, in- stead of the evanescent fame of the politician and place-hunter.

He began his professional life at a brilliant period in the history of the Western New York Bar; many of his competitors were among those illustrious lawyers who have made its legal history so famous and entertaining. Like him, many of them were then young, and with them he grew to eminence and dis- tinction as a lawyer.

In the year 1839, a question arose in the city of Rochester of absorbing interest ; this was the disputed right of colored children to attend the common schools of the city.

A teacher in one of the schools had peremptorily excluded from its privileges, a colored child. Mr. Gilbert at once de- cided that this act was unauthorized by law, and he wrote a report to that effect. John C. Spencer was then Secretary of

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State and ex officio Superintendent of Public Instruction. Mr. Gilbert's report was submitted to this great statesman and law- yer, who at once confirmed Mr. Gilbert's report, and colored children were admitted to the common schools of Rochester.

It is a singular coincidence that, in 1875, thirty-six years later, when Mr. Gilbert was a resident of Brooklyn and a judge of the Supreme Court of the State, a similar question arose in that city. It was started under the City Charter, which gave to the Board of Education power to establish separate schools for colored children, the board having exercised such powers. It was contended that, under the 14th Amendment of the Consti- tution, and under the Civil Rights Act of this State, colored children had an absolute right to attend the public schools with white children in the district of their residence. The case led to litigation, and subsequently came before the Supreme Court for adjudication. Judge Gilbert, in pronouncing the opinion of the court, decided that, in the absence of legislation, colored children had the right to attend the public schools of the city with white children. But those opposed to the attend- ance of colored children in the public schools appealed from Judge Gilbert's decision to the Court of Appeals, where, after exhaustive arguments, his opinion was affirmed.

In January, 1847, Judge Gilbert was united in marriage to Miss Catharine Horn, of New York City. He continued to prac- tice with increasing success until October, 1847, when he decided to enter upon a larger, more responsible and extended arena of professional activity and labor, and he concluded to become a resident of the city of New York and a practitioner at its Bar, with its vast competition, its opportunity for brilliant success, its dangers of signal failure. Fortunately for Judge Gilbert, the change made by him resulted in success. In 1851 he became a resident of Brooklyn, but continued his practice in the city of New York. Few lawyers, perhaps, ever applied themselves with more unremitting zeal than he, and few have reaped richer re- wards.

After twenty-five years of constant practice, with rich pecun- iary results, he determined upon a period of repose, and sought recuperation in gratifying his love of travel. To this end he visited Europe, and amid the historic scenes of England and of Continental Europe, he largely gratified his tastes in viewing its historic places, in inspecting its exquisite works of art, and standing by the tombs of those who had made jurispru- dence, philosophy, poetry, sculpture and painting glorious. But his respite from intellectual labor was short. In the autumn of 1865 a vacancy occurred on the Bench of the Supreme Court of the Second Judicial District, which was to be supplied at the election in November of that year. There were many eminent legal gentleman of both parties in the district who would have gladly accepted the nomination for the place.

We now approach an event which must be, to Judge Gilbert, the most gratifying incident in his life-his unanimous nomina- tion, as a candidate for the office of Justice of the Supreme Court, by both the Republican and Democratic parties in the Second Judicial District; and, as has well been said, "This nomination was ratified by the electors of the district by a majority so overwhelming as to amount substantially to entire unanimity." This circumstance alone speaks volumes in favor of Jasper W. Gilbert, not only as a lawyer, but as a citizen. The man who could thus hush the voice of partisan strife, and thus be elected to the high and dignified position of a Judge of the Supreme Court of the State of New York without opposition, although a pronounced partisan of one of the great parties, must possess qualifications of a high order.

At the expiration of his term he was re-elected, and by re- peated re-elections occupied the Bench until he attained that age when, by the Constitution, he was disqualified from longer sit- ting as a judge.

He brought to the Bench an active, comprehensive mind. Many of his opinions in cases of great celebrity, with which the

public is quite familiar, will continue to be read with respect and profit long after the hand that wrote them shall be cold in death. We have only time to glance at a few of these opinions.

Judge Gilbert took his seat on the Bench on January 4, 1866, and presided at the January Term of the Circuit Conrt, and Court of Oyer and Terminer, held in Brooklyn, which com- menced their sittings at that time. It was his fortune to preside, during this term, over one of the most important and exciting trials that ever took place in Kings Connty-that of Gonzalez for the murder of Ortero. ( See Important Trials.)

Judge Gilbert entered upon the discharge of his duties with that industry and directness of purpose which characterized his career at the Bar. As a trial judge he was successful, and, what is not often the case, he was equally fortunate as a judge in the appellate court, or court in banc. Neither the pressure of sympathy, the pressure of public opinion, the clamor of par- tisan zeal, the alleged hardship of the case, nor the sephistry of counsel, were ever known to deflect him from the line of duty and strict impartiality.

During the seventeen years he pronounced the law from the Bench, his opinions, both upon questions of practice and questions of common law, statute law, and equity, are nu- merous; and the student, in reading his opinions in the New York Reports, in Barbour's, and in Howard's Reports, finds in- dubitable evidence of Judge Gilbert's learning and nntiring industry. It would be a pleasure to refer to many of these, but as the Bar and the public are familiar with them, it would be but the work of supererogation. Among those to which we venture to refer are the following: the case growing out of the removal of steam-transit from Atlantic street, in Brooklyn; the construction of Prospect Park; the case relating to the destruc- tion of property occasioned by the riot which took place in 1863; and that in which the right of the Legislature to regulate ferriage across the East River was established. All these were causes celebre, and came before him either at nisi prius or at the General Term. The manner in which his rulings and opinions in these cases were received hy the Bar and public need no de- scription from us.

For two years previous to the expiration of his judicial term, he was assigned by the Governer to the Fourth Judicial Depart- ment of the State. One of the last cases decided by him was that of the PEOPLE OF THE STATE OF NEW YORK, on the relation of JOHN NEGUS, against RICHARD S. ROBERTS, one of the Board of Aldermen of Brooklyn, and sixteen other Aldermen of the city, whom he had adjudged guilty of contempt of court, in violating an injunction order granted by County Judge Henry A. Moore, in January, 1882. His opinion in that case, though very brief, is often quoted for its learning and for the inflexibility with which he punished those who, with premeditation, disregarded and set at naught a solemn order of the Supreme Court.

"To allow such offenders," he said, in pronouncing his judg- ment, "impunity for their misconduct, would be a practical surrender of a trust which has been confided to the judiciary by the people for their own protection. The power which the court possesses of punishing disobedience of its mandates is one of the safeguards for the administration of justice. Those who commit such offenses must be inflexibly punished."

Judge Gilbert retired from the Bench in December, 1883, having, as we have said, attained that age which is supposed to disqualify him from the duties of a judge. Though still in the possession of every faculty, mental and physical, necessary for the discharge of his official duties, it is, perhaps, no affectation to say he is better qualified by his experience on the Bench.

In cases like his, we are led to doubt the propriety of a con- stitutional provision which disqualifies judicial officers in the very midst of their usefulness, and ripened by a long and valu- able experience.

On retiring from the Bench, Judge Gilbert resumed the prac-

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tice of his profession, because he loved and honored it from long association. He is, at this writing, at the head of the well- known and successful law firm composed of his son, James H. Gilbert, Alexander Cameron, and another son, William T. Gilbert. The offices of this firm are at 67 Wall street, New York City, and 213 Montague street, Brooklyn.

We leave Judge Gilbert enjoying the fruits of a long and suc- cessful legal and judicial career. With the full honors of the Bench, he returns to that arena which, in his young manhood, he adorned.

JUDGE CALVIN E. PRATT.

IN presenting a biographical sketch of one who is in mid career of an active and useful life, we are necessarily restrained from expressions of commendation, which the subject would in- spire were we writing of a man whose race was run and his mis- sion and journey ended. We, therefore, give a merely historical narrative of one of our citizens who has long heen conspicuous at the Bar, in the field, and on the Bench. The family of Pratt, one of the oldest in Massachusetts, is descended either from Phineas Pratt, who came from England to Plymouth in 1622 (two years after the Pilgrims landed there from the Mayflower), or from Joshua Pratt, who came to Plymouth in the ship Ann in 1623, and was one of the first purchasers at Dartmouth.

CALVIN EDWARD PRATT, the subject of this sketch, was born at Princeton, in Massachusetts, on the 23d January, 1828. His father was Edward A. Pratt, a son of Captain Joshua Pratt, of Shrews- bury; and his mother was Mariaime Stratton, daughter of Deacon Samuel Stratton, of Princeton, The family removed from that place, in Judge Pratt's early child- hood, to Sutton, in the same State, where he was diligent alike in the district school and upon his father's farm up to his fifteenth or sixteenth year, developing and maturing the physical and mental strength for which he has since been remarkable. From his early boyhood to the present hour he has known no idle time. From Sutton he went to the celebrated academy in Wilbraham, and while pursuing his studies there, during a portion of the time assisted in surveying the line of the Providence and Worcester Railroad. The following season he taught one of the district schools in the town of Uxbridge, and the next year in that of Sutton, and subsequently, for three suc- cessive winters, in Worcester. Meanwhile he diligently pursued classical studies, and completed his preparation for college, for which he was finally fitted at the Worcester Academy.

In the spring of 1849, he commenced the study of law in the office of Hon. Henry Chapin, a distinguished lawyer of Worces- tsr. He was content with no superficial knowledge, but was a close, thorough, and nntiring student-going to the very founda- tions, the underlying principles, on which the rules of law in all its departments are based. While engaged in these studies he held for one year the office of Clerk of the Criminal Court, to which he was appointed in 1850. He was admitted to the Bar at Worcester in 1852. He at once became anything but a "briefless barrister." He was not subjected to the long and weary waiting which is the lot of most young men on entering the profession, but was speedily in active practice. He was retained almost immediately in many important criminal cases, among which were a number for murder-one being that of Barker (a case that attracted great attention at the time), in which he was associated for the defense with ex-Judge Dwight Foster, the prosecution being conducted by Judge P. E. Aldrich and the late Rufus Choate.

In order that he might be thoroughly prepared and competent for the trial of cases involving medico-legal questions, Mr. Pratt sought the knowledge to be obtained by medical studies, and pursued especially and thoroughly that of anatomy. From 1851 to 1859 (in which year he removed to New York), he labored incessantly, and without holiday or rest.

During this period his remarkable physical strength and vigor disposed him to active exercise and sports. He became an ath- lete, was expert as a boxer and in the use of the small sword, broad sword and bayonet, in which he took lessons from skilled instructors. The passion of all boys for military matters did not, in him, cease with his boyhood, but grew with his years, and in 1851 he enlisted as a private in the Worcester Light In- fantry, one of the oldest military organizations in the country, dating back to about 1808. He became successively orderly-ser- geant, 2d lieutenant and 1st lieutenant of the company, and was then elected major of the 10th Regiment Massachusetts Infantry, in which he served for two or three years, when he accepted a position as major on the staff of Major-General Hobbs. We note this early chapter of his military experience (while at the same time in full practice as a lawyer), as the precursor of his gallant and skillful action in the war of the Rebellion.

During this period of Mr. Pratt's life he was earnest and ardent in his political convictions. His sincerity was shown by his act- ing and identifying himself with the Democratic party, which in Massachusetts was not a popular or profitable service. He was so effective and acceptable as a speaker that his voice was con- stantly invoked and heard at the public meetings of that party in central Massachusetts, and not unfrequently in Connecticut, New Hampshire and Rhode Island. He had much humor and tact, and a forcible, clear and effective way of stating and argu- ing his case, that told with great effect on "the masses." He was appointed a justice of the peace in Worcester in 1853, and held that office until his removal to Brooklyn, New York, in 1859. He was a member of the Massachusetts Democratic State Central Committee, a delegate to all the Democratic State Conventions, and, for a number of years, chairman of the County Committee.

He was wise enough at the same time not to allow party poli- tics to divert his mind or interfere with his attention to legal, political, medical and mechanical science, in all which he was a constant student; and he also sought and acquired rare knowl- edge of gunnery and other important branches of military ser- vice. These acquirements, aided by a retentive memory, have verified, throughout his career at the Bar, in the army and on the Bench, Lord Bacon's adage that "knowledge is power."

In May, 1859, Mr. Pratt removed to Brooklyn, where he has ever since resided. He resumed hiis labor at the law, and, in partnership with Levi A. Fuller, Esq. (having their office at No. 39 Jauncey Court, New York), continued in active practice until the breaking out of the Rebellion in April, 1861. His political associations did not prevent his instantly arraying himself on the side of the Union. He bade good-bye to the law for a sea- son, and determined at once to raise a regiment and lead it to the front. He hired the premises 360 Pearl street, in the city of New York, and, with his accustomed energy, soon recruited seven full companies. These recruits, it must be confessed, were not all of the elite of the land, nor even of the "F. F. V's" of that part of the city, but unsparing and incessant drill soon illus- trated the truth that strict discipline and good officers can make good soldiers out of almost any material. By an arrangement with William H. Browne, Esq., these seven companies were con- solidated with three others, which had been recruited by that gentleman, into one regiment, being the 31st New York Volun- teers, of which Mr. Pratt was thereupon appointed the colonel and Mr. Browne the lieutenant-colonel. Neither of these gentle- men had received pecuniary aid in raising the regiment, but accomplished it in the short space of twenty-nine days by their own means and exertions. They at once tendered it and them- selves to the State, in the service of which it was "mustered in" on the 27th of May, and into that of the United States on the 14th of June, and was soon thereafter ordered to Washington, to report to General McDowell. When taken into the State service the regiment was ordered to Riker's Island, in East River, where Colonel Pratt devoted himself most assiduously to ite drill and equipment, which be continued until about the 19th of June,

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JUDGE CALVIN E. PRATT.

1861, when he received orders to move it on the following day to the front by transports to Jersey City, and thence by railroad on the next Monday, to join the Western army. He embarked his command accordingly, but the transport became unmanage- able in Hell Gate, and escaped sinking by being run ashore on Long Island, whence he marched his regiment by the way of the Hunter's Point Ferry to New York, and went into camp in the City Hall Park barracks, and reported to the Governor at Albany and to the Adjutant-General of the United States at Washington. On the following Sunday the men were "paid off," and, having omitted to sign " the temperance pledge," were not in the best condition on their return to camp at evening. Be- fore leaving for Washington, a beautiful set of colors was pre- sented to the regiment by ladies of New York and Brooklyn.

On the 24th, the regiment proceeded by the cars at Jersey City for Washington, and on reaching the Northern Depot at Baltimore, marched through that city to the Washington Depot (at its southern side). It was the first regiment that moved through Baltimore after the 21st April, when the 6th Massachu- setts was attacked by the mob, and, at the point of the bayonet, forced ite way through the streets on its march to Wash- ington, with loss of many lives, alike of the soldiers and of their assailants. Colonel Pratt expected and prepared for & like reception. On alighting from the cars, he ordered the right and left (the front and rear) companies to load their muskets with ball cartridges. He addressed the men, enjoining on them coolness and steadiness, and under no provocation to fire until they should receive orders to do so. The stern and steady bear- ing of both officers and men secured for them an unimpeded march to the Washington train, by which they reached that city in due time, and went into camp on Seventh street, about two miles from the Capitol.

Soon after the famous grand review of the army by General McDowell, Colonel Pratt, pursuant to orders, moved across the

Potomac and went into camp on Hunting Creek, in the imme- diate neighborhood of the city of Alexandria, where he was in- cessantly engaged in drilling his men until about the 10th of July, when his regiment, and the 16th and 32d New York, were consolidated into a brigade, under the command of the senior officer (& West Point graduate), Colonel Thomas A. Davies, of the 16th New York.

About the 17th July, 1861, Colonel Pratt marched with his regiment for Centreville, on the old Braddock Road, and sfter a skirmish at Fairfax Court House, encamped on the second night at Centreville. The famous battle of Bull Run was fought on Sunday, July 21st. Colonel Pratt's regiment was in the re- serve division, under General Miles, and was posted on the extreme left of the line of battle. After skirmishing in front for some time without finding any enemy in force in that direction, he was ordered to take command of his own regiment, and also of the 32d New York, and support General Hunt's battery. A turning column of the rebels, late in the day, made a vigorous attack upon Colonel Pratt's command, but were handsomely re- pulsed and driven back. He then received directions to retrest, which was done in good order. After falling back a short dis- tance, it being about sundown, the line was reformed, arms stacked, and the men laid down to rest. Colonel Pratt's regi- ment and the 32d New York were two of those in line when Jeff. Davis, Beauregard and other rebel generals rode to the front to make a reconnoissance. In the rebel report of the battle it was given as the reason for their not advancing on Washington that there appeared to be Union troops in line ready for battle.

About midnight Colonel Pratt ascertained that the whole Union army was in full retreat on Washington, and he there- upon gave orders to fall in, and marched to Alexandria, where he arrived in his old camp without the loss of a single straggler from his command, so perfect was their discipline.

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The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884, Volume II, Part 159

Author: Stiles, Henry Reed, 1832-1909, ed Publication date: 1884 Publisher: New York, W. W. Munsell & Co Number of Pages: 1345

Author: Stiles, Henry Reed, 1832-1909, ed
Publication date: 1884
Publisher: New York, W. W. Munsell & Co
Number of Pages: 1345