New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-02
CHIEF-JusTIcE DALYs PAPER.


have at the request OF this Society pre-
pared this paper upon lawyer who for than half
century was actively engaged in this city in the practice
of the law, and who for large portion OF that time
was one of the most conspicuous ana
best known advocates in our own courts.
James w. Gerard's father and mother were natives OF
ecotand and he was born in this city in 1893 Though
his father was scotchman by BIRTH the family were OF
French origin They Huguenots who emigrated to
eoand after the revocation of the Edct of Nantes ana
were peOpe of distinction. Mr. Gerards mothers family
were OF pure Scottish extraction. His talher
was q merchant in Ncw-York, and died III lou-'
Mr. Gerard was graduated from Columbia College IN Isl
To this French blood he probably owed his vivacty
readiness unaggug spirits, courtesy DASH and wit ana
70 his Scotch ancestry his acuteness his
and the unyielding tenacity with which he always ad
bered 10 whatever he undertook He was admitted 10
the bar in Is14 time before ne succeeue
in getting into practice, for there was ht'ie Dus
ness the country being greatly Frustrated by the war Oh
1872
Chieustice DAILY then spoke at length OF the par III
this city so years ago. He referred TO Thomas Ados
Emuet and John Wells as the head it. AS lawyers
there were several profoundly acquainted WIN
the law and as capable Of the exposition OF IL as tney
WERE but none that approached them as forensic ora
tors in the trial of before jury The style Of
oratory of these two great advocates was entirely die
emf That of Mr. Wells formed in the school OF which
Fisher AInes Rufus King, and Harrison Gray Otis were
He'd argumentative, fascinating, ana pefsuasNe J
with the most fastidious taste. and ny one OF tpe
sweetest most musical and delightful of human VOlces
Mr. Enmet OF extensive classical, sccnllnS'
and general knowledge OF great reasoning powers WIN
fine Imagination and wonderful mastery over IAN
guac and with all this united highbred gentle
manly courtesy which never absent even ~ ms mos,
excited moments. But the recognized head OF the pro
fessiOn was Cadwalader ID. Caden This was due tn ms
ancestral name, his high social position, and his me per
sonal qualities His home for many years was great
social and place OF resort for the cultivated er-
airy and scientific men OF New-fork. -,
Il aanf la al of II.
Gerard especially exceed His method depended SO
much upon the man himself and was so varied according
IL is impossible to convey any general ldSa
Of it. He spoke extemporsneo1sly lis style y
half of effect lay in its His voice was round
full and ringing He bestowed great PAIN, upon 1ae
fore trial In this way he generally knew DeloreHanG
where the real dieiy lay and n the openns 1 th
MIR Gerard was remarkable for his courteous treatment
of the Bench, and il never diminished in the sight
est no matter how unexpected or damaging 10 his ease
be- lie had little faith in the utility of cross-examna
tons. He seemed instinctivey 10 know whether WI
meas was truthful on not and in Understandable
jury TO the fact when he felt that witness
was na ,aP wbn wo Mh 40 popmiar with the jury
He Was also generally unwilling to take exceptions to te
was SO sk and successful 10 the CIal Of causes would
encourage his clients TO rely upon him TO carry through
the opposite He always discouraged litigation
was prominently peacemaktrj doing everything
ne could 10 adjust difficulties and 70 bring about the
settlement Of controversies upon any terms II IT could
be Effected But If the was TO be tried then nc
went INTO the trial a soldier gees into battle with only
one purpose and that 10 win One OF the most ell
fectve weapons IN any controversy is rdcue and N the
use OF II Mr. Gerard great master No one at the
bar in my time could laugh client out OF court % he
could, and what very remarkable, In the use OF Ild
cule he rarely ever gave serious O1eDse to the party
against whom 10 directed.
MIR. Gerards attention to an institution for the incar-
eeration and reformation Of juvenile delnquents was
awakened by his defense of boy tried for stealing
canary bird This trial had the effect Of impressing upon
him the importance OF some mode of preventing the
Incarceration young offenders with adult criminals
and in furtherance of this object he joined society
established in this city in 1917 for the Pre-
vention Of Paupersm and Crime. Through Mr..
Gerard's efforts and those Of Others this Society
turned its attention especially 10 this subject il deter.
mined that annual report in 1923 should be directed
wholly 10 IT, and Mr. Gerard selected To write the
port Thot report the foundation OF the present
House for Juvenile Delinquens while the second day OF
this month VIII celebrate Its hftieth anniversary