The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-25
THE NEW ATTORNEY. GENERAL.
A skctch Of the Hon. Z. Carroll Bre,yster.

ster, who this morning left for Harrisburg to enter
upon the duties Of the olce OF Acknowledgement Of
the State, to which once ne has been appointed by
Governor John w. Geary:--
Judge Brewster was born on the 18th OF May, 1925,
in the city Of Philadelphia. His father, Francis Z.
Brewster, was among the abest lawyers at bar
which was pre-eminent for its learning and ability
As advocate he distinguished himself by his close
sarcasm in which he was without rival AZ u the
Philadelphia bar, though Edward ID. Ingram followed
close in his footsteps 1t rare treat to listen TO
a trial IN which these gentlemen were on opposite
sides, especially If II afforded scope for the employ
ment OF their peculiar talent
Having been trained with view 10 the profession
OF the law, the record OF his admission bears date
the 20h Of September, 1874, when he only nine
teen wears old. II will be seen. therefore, that at
the time Judge Brewster emerged from student life
into the professional arena he had NOT reached the
barrier which separates infancy, in a legal sense.
from manhood; yet no one ever entered It with
greater confidence or more hopeful prospects, AMI
truly one ever abored more earnestly to win dis
tinctiOn and to acquire competency than he did.
The Latin provcrb, Laborog'niG 0incH, he adopted
his own, and whatever he has achieved has been by
unceasing toll ana indOmitable energy.
Judge Brewster's success at the bar was due en-
trely to his own unatded efforts. lie very soon
acquired a well-deserved reputation skful, abe
advocate, and with il business flowed IN upon him in
such way that lie was compelled to enlarge his
ofces and to increase the number OF assistants.
Ills practice was chiefly in the civil tribunals, yet
which life or liberty was involved he showed him
self equal to the requirements OF the case. Am0ng
the important and interesting trials I'm which he took
part and conducted the defense may he mentioned
that of Policeman Samuel Cunningham, who while
in the discharge of his official duties, shot down
citizen in his own workshop.
The Kirkpatrick poisoning case was another in
which Mr.. Brewster successfully defended his clients
in the face of strong public prejudice and against
the efforts Of able counsel VINO acted from con-
scientious conviction that great wrong had been
done. The charge was peculiar, as it made con-
sprator of brother in an alleged attempt to take
the life of one Of his own flesh and blood and 70
poison the wife and offspring OF his own kinsman.
The accused were defended with rare ability, and
their acquttal on all the counts charging the attempt
to murder by means of poison was a great triumph
cution was conducted by lawyers of acknowledged
ability who labored zcalously TO produce different
result
In the year 1862, when the subject OF our sketch
had been eighteen years at the bar, he was named
for City Solicitor, an office the importance OF which
the public do not at all times seem to fully appre-
ciate. No one could have been more acceptable to
the Republicans OF Philadelphia or to the business
men of the city than +. Carroll Brewster, as can
ddate for that responsible position, and after he
had been placed in nomination circular signed
by many Of the leading bankers, merchants, and
manufacturers, was published, in which lie was
strongly recommended to the voters entirely
worthy their confidence and support. The opposi-
tiOn candidate Of Mr.. Brewster was William l. Hirst,
lawyer, of large experience and unguestioned
ability. How well he did his work as City Solicitor
is yet fresh in the recollection of the public. In the
numerous suits for damages against the city Vigor
Gus and, In most instances, successful defense
made, and large number OF able opinions were
written on legal questions propounded by City COun-
cils School Controllers, and other public bodies.
1t was while Mr.. Brewster was City Solicitor that
the celebrated Girard will case came before the
Supreme Court of Pennsylvania and his argument
on behalf of the City of Philadelphia will remain as
monument OF his industry no less than his learning
and ability.
In the case Of the State agaInss the Pennsylvania
Railroad Company, which was proceeding in
Mr. Brewster bore a Conspicuous part as he lid ia
the Chestnut Street Bridge case argued before the
supreme Court at Washington, and decision Oh
tanned by which the contractor enabled u pro-
ceed ana complete that important work.
At the close of term Of three years Mr.. Brew
ster had aCCepably performed the duties of the
ONCE that he was renominated without opposition,
and the choice ratified by the sunrages Of the
,.pl,y a no. sod
of his second election when it became necessary to
! choose an additional Judge for the bench Of the
! Common Pleas. The Legislature, at the solicitation
of the bar and the public, had passed an act making
provision for fourth Judge for this court and the
| propriety of that measure is more aud more appa-
| rent, as the business OF tine Common Pleas aud OF
the Quarter Sessions in which the same Judges
sit, continues TO increase with the rapid growth
| of population. Indeed, it is matter of sur
! prise to all persons familiar with the duties
, deyoving upon the Judges OF these Courts, how
they managed to perform them before the addition
| to the number. When the Republicans began TO
cast about for candidate for the iudgeship thus
! created, the name of F. Carroll Brewster was men
toned in connection with it, and the peculiar fitness
of that gentleman for the place was universally
conceded, even by those who differed from him
! politically. The death of the President Judge OF
| Common Pleas Hon. Oswald Thompson, had
created vacancy which had been temporarily
! liam s. Peirce, ESD, had received the appointment
of % II e pace ac of Of Ssag9 ASn BY Re
election of Judges, vacancies can only be filed until
the next general election, and the two incum-
for the positions they then held. The judiciary
tickets We're William b. Hood for President judge
aud Messrs. Greenbank and Ottarsou for Associates
Joseph Allison for President Judge, and MessFs.
Perce and Brewster for Associates. The contest
was warm one party spirit ran high and every
means were tGed to keep voters within the bounda-
ries OF each political organization How far it was a
success is shown by the result. The Republican
ticket was elected by majority Of more than five
thousand votes, and the difference In the number re-
ceivcd by the candidates on it was so Insignificant
that it is to be attributed TO the favor Of few
friends rather than TO personal popularity.
Since his elevation To the bench Judge Brewster
has more than fulfilled the highest expectations OF
his friends and admirers. Patient TO listen and
prompt TO decide, the bar and the people have Just
reason TO he satisfied with his course, especially
1t seems at all times TO be dictated 10y strict sense
of justice and rigid conformity to law The
opinions OF Judge Brewster are models of compost.
tion. mind trained and disciplined as his has beer
must naturally show capacity Of high order when
required to exercise Judicial functions; but all eX
perience has shown that there is a wide difference
IN the fitness of the men who have held that import
ant once, even when their education and OppOrtuni
ties have been the same. Ii is truth which will moi
be gainsaid, that good lawyers do not ALWAYS max,
good judges. We have had striking Instances OF il
within the past twenty years.
Judge Brewster presided nc the trial OF George S
Twtchell for the murder OF Mary Hill, and hi
course from the beginning TO the close OF that memo
rabe case showed, in q striking manner his pecu
liar fitness for the position. Questions touching
the admissibty OF evidence were cOntinualll
arising, some Of which had to be promptly decided
and in way which would not ieOpar(liZe either th
interests of the commonwealth or the rights Of th'
prisoner. That the able counsel for the defendan
could not avail themselves OF any OF these in thei
enorts to obtain writ OF error s proof that the
could not be successfully assailed. The charge &
the Jury presenting the strong points of the prose
cution in contrast with the theory OF the defense
did much to clear away the smoke that had beel
raised, and TO dispel any doubts that might hav
been formed of the guilt OF the accused; Yet ther
was no attempt TO interfere with the prerogatve
the jury to decide upon the facts, as it was thel
| acknowledged right TO do.