Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-10-05
JUDGESHIP OF THE CIR.
~ QUIT COURT OF THE DISTRICT


49, Cult COURT OF THE DISTRICT
OF COLUMBIA.-lt Is a matter Of notoriety
that there are numerous applicants for the appoint
ment above mentioned, and 1t Is earnestly hoped
and believed that the President will make Judi.
cious selection Of some gentleman profoundly
learned in the law-who will be acceptable TO the
members Of the Washington bar, and to the citi-
zens Of the District of Columbia generally There
Is in our midst gentleman of amiable and unas-
Stunning manners, OF high legal attachments, of
great moral worth and undoubted integrity,
tried and experienced judge, one whose name,
within few days, has been frequently mentioned
with warm appreciation by some OF the most dis
tinguished members Of the Washington bar, and
by the ablest lawyers and judges now in this CITY,
as gentleman eminently, and in every respect
qualified for the Office in question And there are
several petitions in circulation, signed by thous.
ands Of his fellow-citizens' recommendations as
SO qualified: l allude to our respected and esti-
present able, efficient and popular Judge Of the
Orphans Court Of Washington county in the Dis.
trict Of Columbia; gentleman who, by his I'M
firing industry and application to the duties Of
his Office, has justly acquired reputation for law
knowledge which all his predecessors failed to at
tain. This gentleman has had before him since
his appointment to the iudgeship he now holds,
las the ecords Of his Court wilt show more inn.
portant and intricate cases than had been brought
upon that Court from its organization down to
the time OF bis appointment And although ap
peas from his decisions have been taken to the
Circuit Court Of the Dis riot Of Columbia and to
the Supreme COu I Of the United States, in some
OF the most important and difficult casesthat came
before him, his decisions, without solitary ex-
ceptiOn, have been by those Courts affirmed mem.
con. And here l would refer to two Of the decis-
ions Of that learned judge, complimentary and
dattering notices Of which appeared In the
Sentinel, published in this city, OF the eighth Of
February, 1854, and OF the 10th Of February, 1855
The following are the notices above referred to:
"THR KosCIusKo CASE SETrLEp.-This case
II Is well known, has been subject Of controversy
In the Courts of this District for upwards Of TWEEN.
Kosciusko, bore In the battles Of the American
Revolution Is gratefully treasured in history In
1899 he made a will and left President Jefferson
his executor; but Mr.. Jefferson did not qualify.
In 1906 Kosciusko made another will, I'm which
he left a legacy to Kosciusko Armstrong; and in
1916 he made still another will In Paris. France,
In which he left some small legacies to various
persons, revoking all former wills, but made no
reference to bis property In this country. Cues
tons involved in this last will came before Judge
Purcell, Of the Orphans Court, who decided that
the will executed III France, In 1876 was the last
will and testament, and that it revoked all former
wills, but that General Kosciusko died interstate
to the estate in the United States, and that his
property descended 10 his heirs at-law according
to the heirship proved I'm France. An appeal to
the United States Circuit Court for this District
was taken by one Of the parties, and, with other
questions from the Court carried TO the Supreme
Court CT the United states, where the decision Of
the Judge Purcell on the will above referred to,
was unanimously affirmed, with decision that
distribution should be made accordingly; since
which time the sum Of about SS 600 has been re-
ceived and secured to be paid to the counsel for
the heirs-a portion Of Ii within the past week
And II is coincidence that Just about that time
the bust Of osciusko, in plaster was exposed to
view in the Rotundo Of the Capitol "
GAN IMPORTANT DEcIsIoN.-Some days since,
ID. Rowland offered to the Orphans Court Of the
District Of Columbia for its approval, indenture
Of apprenticeship, executed by two Justices Of the
Peace, whereby they bound out as an apprentice
one James Geary, to the above named Rowland.
Gaav hui aft Carrin
filed a caveat against the approval Of the inden-
| ture, because more than sixty days had elapsed
since Its execution the act Of Assembly Of Mary
| land OF 1898, requiring that all such indentures
shall be approved by the Orphans Court, and re-
corded within sixty days. The case was ably ar
gued by Mr.. Darlington for the cavestor, and by
| Mr.. Morgan for the master. His Honor, Judge
| Purcell, decided that the indenture must be set
| aside, because l: had not been approved and re-
corded according to the act Of Assembly to which
we have referred. The Judge, in delivering his
opinion referred to the decision Of the Supreme
Court Of the United States, In the case Of CLARK
| VS.. Graham Wharton.
"It may here be mentioned that all the appeals
from the Orphans Court for the last six years, to
the Circuit Court for this District and to the Su-
preme Court Of the United States have, without a
| solitary exception, been affirmed In one Of these
cases there was involved half Of million Of dol
lars, and the majority Of the others embraced some
| Of the most momentous questions Of law which
| ever came before the Court from its Organization
| to the present time" "a la
It is due to his Honor, Judge Purcell, to state
that he is not an applicant for the vacant Judge
| ship, because he, as Virginian Of high toned
| sterling worth, would not stand In the way Of the
appointment Of either Of the excellent learned and
experienced assistant Judges Of the Circuit Court
aforementioned, moving as he does, the superior
qualifications for, and paramount claims Of those
estimable gentlemen to, the Judgeship made va
can't by the death Of their late brother, the la
| mented Cranch. ="
| MEMBER OF THE WARRINGTON BAR
L
| TRIED JUDGE OF STERLING WORTH.
| oct5 -
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