The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-05-03
DAVID DAVIS.
Why He Resigned Judgeship-His Opin-
ion of Gresham-A Legal Anecdote.

Interview in San Francisco Call.
'You resigned from the United States Su-
preme bench to enter active political life?'
"Yes, but had 1 not been elected to the
Senate 1 would have resigned within the
year"
This is not generally understood, is it?'
Perhaps not; but you are at liberty to
make it so understood now, if you wish.
had been fifteen years on the Supreme bench,
and was tired out. A man OF my habit can
not stand the great labor imposed upon
judge of the Supreme bench. 1t requires
man of different, slighter habit. 1t is not the
writing of opinions; it is the constant, wear
ing labor of finding out the truths of matters
concerning which opinions are to be written.
Yes, should have left the bench within the
year, even if 1 had not been elected to the
Senate, and now 1 am thankful of the pros
pect of rest and quiet afforded me-"
You have seen the newspaper guess that
Judge Gresham accepted the postmaster
generalship as good training for the presi-
dental caEdidacy?
YES" Mr.. Davis replied, with smile II
have seen that, but do not think Judge
Gresham has political Enthusiastically
not in that direction. 1t may interest you to
know that Garfield considered the name of
Judge Gresham in connection with the office
he now holds when he was making up his
cabinet; Mr. Arthur also considered his name
when he first formed his cabinet. Judge
Gresham l know well and like very much.
He is man of talents, incorruptible integ-
rity and strong will. By the way he came
out here ten years ago, and by my advice.
He had been working hard as United States
district judge in the district composed of
Michigan, Wisconsin and Illinois, which was
in my circuit. He was worn out, and ! pre-
vailed upon him to go to California, offering
to sit for him in his district which l did
while he was here. He roughed it in your
State, driving about in a camping
wagon with his wife and son, and re-
turned entirely restored. l did not think
he had political ambitions. l supposed he
thought of succeeding Judge Hammond,
United States Circuit judge for that district,
who is getting to be an old man now. But
he has accepted cabinet portfolio and will
make good officer"
Then l can't induce you to say anything
about politics, Judge?"
Not a word; not a single word" And
the reporter folded up his enriched note
book
81 would like to ask you about an anecdote
concerning yourself the legal profession
laugh about great deal"
Proceed" Mr.. Davis said, good naturally.
"They say that when you were sitting in
your circuit that once Joseph Il. Mcdonald,
who was colleague of Voorhees, in the Sen
ate, appeared before you on behalf of
plaintiff whose right to trial he was endeav-
orng to force to the disadvantage of the alb
sent attorney on the other side. You told
him that he could insist upon a trial at
once but in your opinion the defendant
would, in such case, get favorable verdict.
Is that sop
Judge Davis laughed heartily at the recol-
lection of what he evidently considered a
good story on himself, crossed comfortably
poddy right leg over comfortably poddy left
leg, and said: No; it wasn't Mcdonald He
never would have done such a thing. 1t was
another lawyer, whose name l won't men
tion for, poor fellow, he's dead. l was hold
ing court in indianapolis when this attorney
for the plaintiff appeared before me in case
in which Governor Thomas A. Hendricks
was for the defendant. The train on which
Hendricks was to have arrived in time for
court met with an accident, which delayed
him. The plaintiffs attorney knew OF this,
but in a very discourteous manner, was in
sisting upon an immediate trial, which, in
fact, he had a legal right to do, but which
would have been very unfair to Mr.. Hen
bricks. Finally in reply to his really unpro-
fessional opportunities, | said Well, the
case will be called if you insist, but heard
just such a case as this over in Springfield
the other day, and the defendant, by the aid
of the court, got favorable verdict"
did the importunate attorney insist upon
an immediate Tral?'
'No; he suddenly concluded to agree to a
continuance"