New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-12
OBITUARY..
EX-JCDGE JOHN X. PORTER.


Waterford. y. y. April IL (speclall.-John n
Porter, cx7Judge Of the Court OF Appeals, who APP
peared for the defendant In the Bcecer trial. and was
the senior counsel for the people In the trial OF Guteau
President Garfelds assassin, died at his home here NJ
IL O'Clock this morning.
Mr.. Porter was the son Of DR.. Elijah Porter. lie
was born at Waterford on January II. 1919 HIS
grandfather, Moses Porter distinguished himself as
brave soldier in the Revolutionary War HIS educa'
tion was received at a classical school, OF when DaVa
MacNece an Irish scholar and patriot, was president
at Lansngburg Academy, al Waterford Academy ana
at Union College, where he graduated at the age
Oh eighteen years lie began the study OF law In tnc
Office Of Nicholas Il. Doe and Richard d. kimbaD soon
after his admission to the bar he obtained prominent
place among the younger lawyers OF Waterfront. lie
became effective orator, and at the Wing National
Convention In Baltimore in I944 he delivered an al
dress. After practising few years at WATERFOWL
he went ut the age of twenty years to Albany
and there continued his practice In partnership WIFI
Dcodatus Wright. In the previous year he had mar
rcd the daughter OF Eli NJ. Todd, of Watertown.
soon after settling in Albany Mr.. Porter became
associated with Nicholas Ill., IT,. and Peter Cogger'
Very many cases came this firm to be presented on
appeal to the Court Of Appeals The preparation OF
briefs for time largely fell to Mr.. Porter and Mr.
I'M generally argued the appeals before the court.
In 1859 Mr. Hill died and Mr.. Porter took charge
Of The firms in the Coure Of Appeals with marked
In the suit Of the Metropolitan Bank against
Henry II. Van Dyke, superintendent Of the state
Banking Department which Involved the Constitution
atty of the Legal Tender Act OF 1862 Mr. Porter
was associated with William Curtis Moves rs counsel
for the plaintiff and won the In 1902 he was
successful In defending Horace Greeley in libel
suit brought by Dewitt G.. Lttleiohn. In 1904 GOV
Fenton appointed Mr.. Porter Judge Of the
Court Of Appeals TO fin vacancy. and in the follow
ing year he elected on the Republican ticket for
n term OF eight years. lie resigned however. after
four years and returned to his law practice Coming
10 this city. he formed a partnership with Grosvenor
r. Lowry George W. Loren and Charles Francis stone.
under the OF Porter, Lowry q loren He, with
ROYAL Phelps and others, was appointed to examine
the accounts Of Controller Connolly. and he refused
'etaincrs from Tweed ana his gang to defend them
lftcr they got into trouble.
Mr.. Portcr's opinions, written a member Of the
Court Of Appeals. among the able't to be found In
the later New York reports. The character ard scope
Of testimony to be allowed in the contest Of wills were
very largely determined by his opinion in the case OF
Clapp against Fullerton, which Is among the cases
stlll most frequently cited In the Surrosatc's Court
When judge Porter came TO Ncwlorlt he was called
largely into practice before jurcs. Here his abilities
were displayed with the greatest brancy. There
have been few more skful jury lawyers in the New
York courts He had imprc ,sive as well ~ agree
able manner. q rich aud werancd voice. and a
peculiar quality Of personal magnetism that gave MN
the attentive Of every listener a. soon as he began
to speak. His dctlon polished and his power OF
cNtomporaucous speaking remarkable. lie had
= r;ro capacity for presenting proposition In the
ter,c-t aud at the same time I'm the most convincing
form. singular Illustration OF this occurred In an
important viii contest before surrogate Calvin. An
important Law question arose which provoked the
most animated discussion between the lawyers upon
both sides Judge Porter left the argument to his
Junior associate and said nothing until the surrogate
minated his purpo>c to decide the question In favor
II the other side. Then he asked lenv" to argue h'
point. lie spoke only about two minutes, but his
loeic was 80 clear and irresistible that II seemed to
remove the mist, from the subject instantly. when
he sat down the surrogate addressing the CHIEF op
posing counsel quietly said: Mr.. Parsons. think |
.hall hlv" to change my decision Mr.. Parsons
cHnddly replied So think your Honor Is right II
va, an extraordinary instance ~ LAWYER being cor
St,t d hv his opponents argument. Judge Porter WIS
connected with some Oi the most important Nuea-
tor, carried on iu this city ~, finn were for se'-
crnl wears the attorneys ~ the western Inon 1ele-
graph C,mpiny ami he took active part In itN suits
Among tie many I'm his work that attracted at
tcnt,n yerr the Trinity Church case. before the
senate Committee. the defence Of General Babcock.
General Grants private secretary and the Merrill
only son. a LAWYER. survives him. several years
after the death OF his wife he married Mrs. lar
rl,t b. Tbbett~ the sister OF George H. Crlmcr. OF