Savannah morning news. [volume] (Savannah) 1868-1887, 1886-02-17
ACKNOWLEDGEMENT
FORMALLY PRESENTED TO THE
UNITED STATES COURTS.

AA@lAQEX Vi NM@ 1AnNuRuANMb0 VWEAht-
A Man Of the Hottest PrObity, and OF
Unblemished Private Charaeter--The
Portrait TO be Hung In the Court Room
by the SIDE OF the Portrait OF Judge
Ershine.
An oil portrait OF the late Judge John
Z. NicOll was presented to the Federal
courts yesterday morning at a meeting Of
the Savannah bar, held in the United
States court room. Those who knew
Judge NIcOll pronounce the picture an
excellent likeness. II is by GuIllaume,
the artist who painted the picture of ex-
Judge Erskine, which is hung upon the
east wall Of the court room.
After court was opened the following
report Of the committee appointed on
Monday by Judge Speer was read;
In the matter OF the presentation of
Judge NicOlPs portrait, IL appears from
the minutes Of the District Court that on
June 4, 1889. the Hon. John y. Nicoll took
the oath of office as District Judge for the
District Of Georgia before the Hon. James
M. Wayne, Associate Justice OF the SUI
preme Court of the United States, and be-
gan his career as Federal Judge by sit
ting ia the District Court at Savannah at
the August term, 1889, and in the Circuit
Court at the November term, 1889. When
the Northern district was afterwards
created Judge Nicoll presided therein so
long as he remained In Office
In the oath OF office, Judge Nicoll swOre
among other things, that he would "ad-
minister justice without respect to per-
sons and TO do equal right to the poor and
to the rich" He complied with this oath,
completely and rigidly. He was impair
tiai, just and fearless. His ability as a
lawyer was unquestiOned, and he was a
close student throughout bis judicial car
eer. He occupied the bench until the late
war, when be resigned.
He was born near Milledgeville, Ca, on
Oct. 7, 1893, and died Nov. 10, 1853, in
Savannah. Judge Nicoll was essentially
a common law Judge, special pleader of
great excellence, and he carefully com
piled and noted leading cases, 80 That he
was prompt in reminding lawyers of
presidents. He was man OF the lott
lest probity, and of unblemisned private
character.
One of his pecullarities was that he toelk
up the papers in cases before term time
and tamiliarized himself with the plead
ings, and startled, p1e contendlng lawyers
by the most pointed interrogatOries ad-
dressedst 10 them referring TO cases in point.
Al of the books of his law library are
d nAiEn WIN mai kAAH "a AObyo IA nio RAgaAi
handwriting, showing that he read them
most carefully.
The bar Of Savannah, in meeting assem-
bled, are DESTROYS OF cOmmemOrating the
ability, judicial integrity, and valued ser
vices OF Judge Nicoll; therefore be it
ResotBed first, That as testimonial OF tho
respect and regard of the Savannah bar for
this distinguished Judge, who presided in
these courts for more than a score OF years,
they have caused his portrait TO be painted,
and they now present IL to tne keeping OF the
Federal courts, and request that 1t be sus-
pended on the walls Of the court room IN Sa-
Reso5sea second, That His Honor Judge
Speer is requested TO direct that these resolu-
tons be spread on the minutes Of the Circuit
and District Courts, that the same be pub
lished in the city papers, ana that a certified
COPY of the same be sent by the Clerk to the
family of Judge NicOn.
Wnen the reading Of the report was I'm
ished Gen. Lawton arose and said that he
knew Judge Niooll well. dc was an able,
a learned, and an upright Judge. He
was equal to every emergency on the
bench. Though stern and unyielding, he
was habitually courteous. While he
recognized the rights Of the members OF
the bar and OF all who were connected
with the court, he felt fully the RESPONSE
bility OF directing the business of the
court. He was as courteous to the young
members of the bar as to the members OF
long practice. Judge NicOll was emf
nently a common law iurist. not that he
was not an admiralty lawyer, or not a
criminal lawyer, but because he was in
tensely a conservative man.
On one occasion when the speaker, then
a young man, said to Judge Nicoll, II de-
sire to make myself lawyer" the Judge
advised him with emphasis TO study
Comyns' Digest, ''in which there is but
one mistake," added the Judge.
He was eminently a special pleader.
He knew we'll that no such philosophic
treatise existed in all of the law books
as is to be found in Stevens work on
pleading. For twenty-five years Judge
Ncoll so presided in the District Court
that no lawyer who ever practiced before
him was not conscious by the time he
finished case that the Judge knew quite
as much about it, IL not more, than the
attorney himself.
He was social in his habits, on occa-
si0ns even convivial. SO intensely con-
sentative was he that when the great
civil conflict was about TO break out, and
being Judge of the courts OF the United
States at the time, he remained on the
bench.
The government OF the Confederate
States appointed him a district attorney.
and he became an active prosecutor OF
cases in the courts OF the Confederate
States.
Ii Judge Nicoll had been in England he
would have been Lord Coke rather than
a Lord Mansfield. In politics he was a
decided party man. In all Of his CONVEX
satiOns his expressions were free aud not
uncertain In meaning. But never in the
whole course Of his judicial career did ne
appear at a POLITICAL meeting. He was a
Democrat OF Democrats. He was a man
OF detail in all things. His English was
pure and indebted. bis habit Of criti-
cism was dificult TO DO restrained. Bad
English grated upon him. Abiding TO
the portrait Gen. LawtOn remarked that
II he had come across IL in the Dresden
gallery he would have stopped and said,
'that Is Judge NicOll."
Capt. George A. Mercer followed in n
reminiscent anecdotal strain that was
quite interesting, sllnOugn very few OF
those present knew Judge NicOll person
ally. Capt. Mercer stated that he was
closely related to Judge Nicoll, and would
feel delicacy in speaking If the occasion
was an obituary one. PERHAPS only
three OF those here in this court room,
Capt. Guerard, Gen. Lawt0n and myself
were brought into anything like close re-
latiOns with Judge Nlcoll." said Capt.
Mercer. ~ knew MIN well. and perhaps
knew his peculiarities better than any
one else here" He was one Of the most
learned men I'm the state OF Georgia, n
not in this country. He was in the habit
OF recording something OF every case that
came before him; Of every book that he
f.F 80 L..