The New York herald., 1875-10-27
KELLY ANSWERED.
A LAWYERS TRIBUTE TO THE MERITS OF
RECORDER HAcKETT.

LAWYERS TRIBUTE TO THE MERITS OF
RECORDER HAcKETT
| NEw YORK. Oct. 25, 1875.
! To EDITOR HERALD
! desire with your permission and through the col
umns or your paper TO furnish the public with few
facts which, think, may assist your commendable adj
vocacy Of the Hon John X Hackett for another term
Recorder OF the city and county OF New York cam
not say have or ever had what might be called in
innate amliation with any political party, and It is,
therefore, personal political consideration that
prompts 10 pay the following slight tribute to the
man a lawyer and judge continuous practice or
thirteen years IN the Court OF General Sessions,
before Recorder Hackett and other gentlemen, may
perhaps entc to the privilege of expression OF
my Judgment to the merits OF Mr., Hackett Albeit,
| am speaking individually, yet / may be considered
too, at least in sense speaking In representative
capacity for am well aware there are many gentlemen
of the profession accustomed to PRACTISE particu
lary in the General Sessions who fully concur in my
opinion in this special matter
Recorder Hackett, nnd upon reference to
orandum, first elevated the Bench BY appoint
ment OF the Board of Supervisors in March, 1866 to
succeed Mr.. Holman, who deputed by the people
to them in the capacity OF Mayor. He was duly
elected in the subsequent fall for three years,
commencing January l. 1867, and January l. 1870.
he commenced TO serve second of six years,
which gives him altogether
H. YEARS
! as Recorder His duties required him, during that
length oftime, to SIT every alternate month in every
year, his associate, the City Judge, presiding the
1 Recorders OF months According to n well authent
Gated authority Recorder Hackctt has disposed of
ing his terms, average sixty per month
not mentioning tho hundreds of pleas OF guilty, and
not few Of these required him TO entertain and
pass upon without previous time for preparation
| OF the most intricate and difficult problems OF law
The above average that in the Of every
year he adjudcated upon about 360 cases The grand
total then in round figures exhibiting his work in ten
years. foots causes inclusive of every grade Of
crime from murder to petit msdemeanor. think
the above q showing that other Judge in this or
any other State equal From the nature Of
the business transacted before him. its multiplicity and
mutariousness and the rapidy which must neces-
sary characterize Its transactions, none but man OF
exceptional ability and peculiar aptness could success
fully cope with it And again, looking at its dense
magnitude and considering that the presiding Judge
had TO
HOLD IapARrIALLY THE SCALES OF JUSTICE
against the ingenious devices OF well trained counsel to
confuse the Court and warp its Judgment II is not at all
marvellous that occasionally some trhing
committed. IL could scarcely be otherwise, but un-
dertake say that when many questions of fact and
law necessarily arise for decisions the spur OF the
moment, Judge, placed in similar position, must
periorce be endowed with than human intellect
to issue from the ordeal without having few
judgments placed to his accOunt-miStakeS higher
tribunal to rcctify and mistakes out OF which no poss
bic injury could to Interested parties And this
brings me to one OF
The distinguished leader Of Tammany Hall promul-
gated the announccmcnt in open convention that ohe
OF tho TO be urged against the nomination OF
Recorder Hacket is that eighteen out Of twenty Of his
decisions reversed by the Court Of Appeals. !"
understood him melning-and have record my
, sef-that during Hacketts term OF office twenty
were carried up the Court of Appeals exceptions
and that eighteen out of that number had been re-
ton IL will be that looking at tho enormous work
performed by him. the percentage OF cases in which
error alleged 10 have been committed and in which
trials ordered is too inconsderable to merit
even passing notice But reference TO the reports
the Court of Appeals IL will be found that in every
case where there was reversal of judgment
it was because or unusual and knotty question
of law, whore the counsel had enjoyed unlimited time
for preparation and had sprung his ''pont, points,
upon the Judge suddenly, and the business OF the
Court immense that no other course per
mitted but TO give prompt ruling, and had even the
Recorder been blessed with mind equal to that of
Hale Tancy, Webster Marshall, he would have
been liable TO err.
Objection has been urged against Mr. Hackett's
i election in some quarters by reason of the severe
sentences passed certain criminals convicted before
him II must be remembered that some of the most
notorious dangerous offenders Of this country
TRIED BEFORE RECORDER HAcKRrr
and truly say, from my own personal observation
.that In no single ease were these severe punshments
mcted except where deserved and they usually
inflicted upon the heads Of old Offenders hardened in the
ways OF crime and OF no earthly use to themselves
benefit society IL to the telling
Recorder Hackott solely that THE public owed the
mination of the fearful epidemic of garrotng that a
few years back rendered II absolutely perous
spectacle citizen walk through any of the uptown
districts after nightiall, armed unarmed. To the
youthful he has extended from the Bench the
most commendabc mercy in various instances, often
exercising Of discrimination ahd refusing
to consign the inexperienced criminal to degrading
socation with older reprobatcs venture say there
Is not Judge the Bench day in whose breast
be found more OF
SENTIMENTS OF TRUE MERCY
While severe vet he IS jGst have no hesitation in
alleging that there many mon i'll this atty
who owe present prosperity and happiness the
mereifu consideration OF John X Hackett These
facts speak tremendously in his favor. Besides being
able Judge, Mr., Hackett is an afable, courteous,
humane ard accomplished gentleman, an ornament TO
the Bench and credit to himself have doubt he
is ono Of abes criminal lawyers in the State to-day
During his term OF office he has been close student
and his experience should give him hold the
Office Of Recorder superior to that sought TO be
CURED by any otheraspirant
In bearing my testimony to the worth and efficiency
of Recorder Hackett, TO his sterling and admirable
qualities as a Judge and TO his distinguishing traits
citizen, hope not TO be misunderstood endcavor-
ing in any way disparage the claims of his learned
opponent whom regard a lawyer and gentleman;
but at the time say, looking the greater
experience OF the Recorder, his peculiar fitness TO dis
charge the duties devolvng upon him; his, in word,
thorough familiarity with everything pertaining to the
poston-n view OF all these unhcsitatngly say
would regard his defeat Mt the approaching contest
in the nature OF great public msiortune-an irrcpara
bic loss 70 the whole community.
| remain yours respectfully,
WILLIAM +. KINTzING Counsellor-at-Law