New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-07-06
Governor Hill.

EX-JCDGE JASPER W. GILBERT.
Jasper Wett Gilbert is native of Central
New-YorlI. He was born at Rome on January
-, 1912. His ancestors settled at Hartford,
Conn, when they came 10 this country and after
ward went to what was called the West in the
central part of this State, century ago. Young
Gilbert was educated at the academies in Low
Vile and Watcrtown. When he became of age
he decided TO study law and entered the office
Of Abraham Varick, in Canandagua, y. Y.
year later he went 70 Rochester and finished his
study of his profession in the Office of Vice. hance-
lor Frederic Wnttlesey In 1885 he was admitted
70 the OAR Of the Supreme Court in Utica Al
the age Of twcnty-thrce he opened law Office in
Rochester. In politics he was Wing and he took
great interest in the movement which resulted in
the Young Mems Wing State Convention, which
met in July. 1898. He represented Monroe
County in the body and was intrusted with draw
ing up the address 70 the people issued by the
convention. which resulted in the election Of Gov
ernor Seward In 1880 he became the first Cor
poration Counsel of the city Of Rochester. An
important question came before him relatir- 10
the rights Of colorcd children 70 the public schools
and his decision in their favor was upheld by the
Secretary of State in his capacity of Superintend-
eut Of Public instruction.
Mr. Gilbert continued the practice of his pro
fcssion in Rochester until after his marriage III
ls47 when he went 10 Ncw-Iork, and four years
later settled in Brooklyn. where ne has since had
hi, home He soon gained a large practice in the
two great cities and became widely known as
careful and conscientious lawyer who won his
cases by complete preparation and ample knowl-
edge of all the points involved After quarter
Of a century of hard work at his profession, he
took an extended tour in Europe. Soon after
his return in 500 he was nominated for Supreme
Court Judge in the lid Judicial District He re-
crived the compliment of nomination from both
RepubIicars and Democrats and unanimous cleo
ton.
ON january 4. 1866. he took his scat upon the
supreme Court bench and in the same month he
was called upon 10 preside over one Of the most
important murder trials thar ever took place III
BROOKLYN. II was held in the Court OF Oyer and
1crmiuer. and engaged the services Of the leading
LAWYERS Of the town. The case was that of Con
zalcz and Pcllicicr, on trial for the murder OF
lose G. Otero In the City Park on November 81,
1863 Otero was a wealthy Cuban, who had
built a theatre in Havana and came to New-IorlI
10 purchase theatrical properties with large
amount of money in drafts and bills Of exchange
on the voyage he became intimate with Span
lard named Gonzalez, who was almost pennies,
but who made favorable impression upon the
wealthy Cuban. In New-York they made the ac-
quaintance Of Pellcier and the three were fire.
oucntlv together al a hotel in Great Jones-st.
Gonzalez and Pelliccr formed a plan 70 murder
Otcro for his money and bury his body beneath
the floor Of his room. This plan was given mp
owing to the difficulty of taking up the floor and
they decided 10 entIce him 70 lonely spot in
Brooklyn. Aiming themselves wi,h razors and
dagger they induced Otero TO cross Fulton Ferry
and 20 10 hquor-shop in Myrtle-ave.. where
they all drank heavily. The party then went IA
the lonely City Park, near the Navy Yard, at
late hour on a wntry night. Near the centre
Of the park the two murdercrs attacked the de-
iencclcsS Otero, and after desperate
struggle I'm which ne was wounded twenty
eight times, thrust from the dagscr
entered his spinal column and he fell
dead. Pcllicier had received a severe cut from
razor in one Of his hands and tore OFF his glove
10 bind mp the wound. Hastily rhng the pockets
way back to Ncw-Iorh When the dead body
was discovered the next day. II was Identified 10y
the hotel bill in the pocket. and suspicion al once
fell upon his companions. Pelliccr was arrested
rs lie was about to sail for Cuba. and Gonzalez
WAS found AZ boarding house. The cut glove
# the former was found Ia ~ over the wound
in his hand, \ chain Of clrcumStantial evidence
was woven about the Two men, which legal
ability was unable to break Both men were
found guilty Of murder IN the first degree ana
were sentenced 70 be hanged. An appeal Ia the
General Term resulted IN reversal of the judg-
mcut Of conviction and the ordering of new
TRIAL on the ground that Judge Gilbert had al
United some evidence Improperly. But when the
matter vas carried 10 the Court of Appeals judge
Gilbert was sustained. and the conviction was
affirmed \ double execution followed IN Ray
mond Street Jail. oud at the foot Of the gallowS
Prcicr confessed the crime.
Among tie important public questions Judge
Gilbert was called upon ~ decide when ON TIE
lcnch. were those relating 10 the removal Of steam
from the surface Of Ataniic->t, The taking OF
land for Prospect Park, and the regulation OF
ITO RIGHTS of fcrraee In 1915 he had similar
question in relation to colored children IN INC
public schools TO that which he called
upon 10 decide in Rochester forty years before,
and hr was sustained by the Court of Appeals IN
tie decision that no rilht existed 10 exclude
colorcd pupils from the schools In January
1852 he rendered an important opinion in the
case Of the members OF the Board Of Aldermen
who were t0Urd guilty Of contempt Of court ny
violating an injunction OF County Judge Moore
I'm granting an elevated railroad franchise In
! this utteranoc ne said To allow such offenders
! mpunity for the-f misconduct would he practical
surrender Of a trust which has been conhded ~
tie iudciarv 10y the people for their own pro
! lection. The power which the court possesses
/ Of prTi ,hug diSolcdiencc 10 its mandates Is one
of the safeguards of the administration Of Justice.
/ Those who commit such offences must he nfeNibly
! punished" In pursuance If this decision. seven
! teen members OF the Board were committed 10
judge Gilbert remained upon the bench until
| he reached the ago Of seventy years. wien ne
! retired in obedience 10 law. and was succeeded
! nv judge cullen His opinions were comprehen-
! ,iye and weehty, and are frequently referred to
| with authority. After he left the bench he
! devoted himself 10 his law practice in asSocia-
! lion with his sons James II. and William I
| Gilbert and Alexander Cameron. AZ Nos. O. Wall
! st. Ncw-Yori. and 2l3 Montague-st.. brooklyn.
| Dut lie has now practically retired from active
practice. never going into court. Many refer
! cnce cases however. come before him. and he is
! kept busy writing opinions. tic Is connected as
| Trustee with number Of corporations. and his
duties as member Of the Standing Committee
Of the Diocese Of Long Island and ce-chancellor
OF the Cathedral at Garden City consume con-
| siderable of his time. He is one of the active