The history of Orange County, New York, Part 42

Author: Headley, Russel, b. 1852, ed
Publication date: 1908
Publisher: Middletown, N.Y., Van Deusen and Elms
Number of Pages: 1342

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Gedney's happiest hours were passed at his own fireside, while Win- field loved to mingle freely with his fellow men. But Winfield's chil Iren 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 at upon the porch of his home in Goshen. As together they had journeye 1 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 fortu- nate. 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 Ful- lerton 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 for- ward 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 Hirschberg 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-

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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 ascer- taining 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 evi- dence 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 analy- sis 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 spokeman 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 lin- gered. 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

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County, he was drawn into court after that upon two occasions in liti- gations 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 1880, 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 de- clared that to be the happiest period of his life. In his daily walk and conversation he exemplified the philosophy of Rabbi Ben Ezra, as ex- pressed 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 \\ 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 con- titutes 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 evi- dence 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 cach its claim upon his tender regard, his ready understanding, his never-failing sympathy. To him more than to any man I ever knew do Goklsmith's immortal lines apply :

"E'en children followed, with endearing wile,

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

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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 thoughits 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, fas- cinating, 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 part- ner 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 ex- celled 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

JohnCA Dayton

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literary expression is so rare as among successful lawyers), this recog- nition of the unique literary distinction which Mr. Marsh had attainedl. 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 lit- térateur. Any opponent who thought that because of Mr. Marsh's fin- ished, 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 :

"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 port or preacher, essayist or journalist, publicist or philanthropist, advocate or - orator, his unapproached 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 per- sonally argued his cases with great ability andI success before the appel- late 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 admira- tion for his great preceptor. Judge John W. Brown, may have uncon-

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sciously 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 then. 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 for- mative influences, those stimulating ideals, those ennobling traditions which impart dignity to human life, strength to human character, stabil- ity 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 distin- guished by an unusual display of those qualities of breadth, wisdom, patience, knowledge of human nature and capacity for affairs so pecu- liarly 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 dis- - sensions 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 sur- rogate is a most unfortunate one. The office is known in other common- wealths 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 ad- ministered upon in this court and that nearly all the intricate and per- plexing questions involved in its distribution are passed upon by the

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surrogate, it will readily be seen that the duties and responsibilities of this office are among the most important, extensive and onerons 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 profoundlly 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, an 1 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 unvexed by even an occasional suggestion of dis- cord 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 concur- rence 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

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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. In leed 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 lie 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 senti- inent. 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 re- fulgence 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 ad- mitted 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

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drawing contracts and giving counsel and then proceed to the court- room 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. Ile 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 accom- plished by an acute and active mind concentrated upon one leading ob- ject 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 frien 1 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 per- sonality. 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 ab-o- lute devotion to his friends in times of adversity and defeat confirme l a leadership which, however, was constantly challenged by those who. be- cause 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 Julgo Wilkin never knew

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that he had lost. He never accepted defeat. Like his old friend Hal- stead 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 pre- cipitated 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 treach- ery. But only for a moment. Quickly recovering himself-though deeply pained and humiliated that such a distaster 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.

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The history of Orange County, New York, Part 42

Author: Headley, Russel, b. 1852, ed Publication date: 1908 Publisher: Middletown, N.Y., Van Deusen and Elms Number of Pages: 1342

Author: Headley, Russel, b. 1852, ed
Publication date: 1908
Publisher: Middletown, N.Y., Van Deusen and Elms
Number of Pages: 1342