New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-21
EX-JUDGE MACARTHUR.
INCIDENTS IN THE LIFE OF LAWYER
AND JUDGE.
LIVING HALE AND HEARTY AT EIGHTY IN WASH
INGroN-HIs "REMINISCENCES OF WEBSTER
AND oRANT-IlTE7AnY LABoRs
AND AMBITIONS

INGTON-HIs "REMINISCENCES OF Wbp''E N
AND eRANT-1ATEaAnY LABoRs
AND AMBITIONS.
Washington. Jan. 20 (SpeciaD.-1t Is ancient MS
tory already the excitement over the eiec'ion VI
Coyernor of Wisconsin, away back In the on >,
which at that time created such Juror anu
threatened to have a sanguinary ehuins'
the Democratic candidate. was proven ai'e' ,
% he fraudu,ently elected. He had made warliKe
preparations for retaining his seat ana hau s'oon
the Capitol with arms and ammunition w. au'.
court decided against him there was hatu any
nothing to do but surrender the OFFICE i
did to the Northumberland MT. arthur va
Arthur on the techncality that II the "o'o
should by any cause be prevented from se''ns
b,s torn, the Lieutenant Governor should sucoeeN
a. -. eHoo NJ Macarthur was quite willing TO
1hrow himself into the breach and make test
case of the matter. but he had not 'He s"e", ~
inclination TO fight for the glory OF tic o'iiOe ,,
FIRST order was that the arms ana a'l'""
should he removed from the Capitol. For ive DAYS
he held the office and performed It's fuhctioiis' a.
tho end of this time Bashford, the successful cdhul-
date with his counsel. and mob OF people at ms
heels went TO the Capitol ana deihi"ueu ' WV
Office should be surrendered TO nm.
Am I to understand asked MT. Macarthur
",hat II do not surrender the office you VIII resort
to force2" ,,. uo.
To this question he could obtain no direct answer.
Bashford would make no avowal OF his intentions
Turning TO the Governors senior counsel MI Inn
otbv O. Howe. Mr. Macarthur asked what his ad-
vice would be TO his client.
"My advice" said Mr.. Howe, us that Mr.. BASH
ford hang his coat upon nail. and proceed to the
performance of his Gubernatoria duties would
not of course advise him TO lay violent hands upon
SO distinguished gentleman as Governor Mac
Arthur"
This airy persifage was not what Governor Mac
Arthur endeavoring to provoke fina"S ne
succeeded in making Bashford say that unless MT
Macarthur retired he would probably be COM
PEELED to expel him by force.
"rhat" said Judge Macarthur. as constructive
force under which will retire. Make way 'here'
ne called to the crowd make way Tor me 10 so
out and erect and dignfed he retired under con-
structiye force" leaving the Wings in possession
Of the Office. He stopped however, on the way out
and signed two or three appropriation bills. which
he took from the hands of messenger who had
that moment brought them from the Senate
The hero of this unique episode If the man VINO
retired under constructive force can be called
the hero was appointed by General Grant in 1870
Associate Justice Of the Supreme Court of the Dis
trict Of Columbia He resigned after Judiciai
career of thirty years nineteen OF whch were speut
on the bench and was retired under full pay in
1888 being then seventy-two years old Since his
retirement he has continued TO live in Washington
and is one of the most interesting of the great
army Of "exes' who reside here Mr. Macarthur
eghteth birthday is fast approaching but he is one
of the old men who always young. Recently ne
has not been we'll and is much reduced in flesh and
strength but if anything his mind is keener, more
brilliant than The wonderful gift of CONVEX
sation which made him SO choice and valued
member of society he retains perfectly NO SUBJECT
IS unworthy of his attention and interest, and he
enters into the discussion of every topic with en-
thusasm. which shows itself in his eyes and the
lighting I'D Of his whole face He possesses too that
rare faculty of inspiring others with his own charm
young man once naively admitted that when
talking with Judge Macarthur he was quite carried
away by his own eloquence which was only re-
Elective after all. AS in most Scotchmen his sense
of humor is well developed and his quickness of re-
partee bewilderng. AS listener he is all attention.
all responsiveness all sympathy. His genteness
and kindness impress every one, and While ne was
on the bench it was currently believed that MS
sentences were less severe than those or his col
leagues. His exquisite courtesy and consideration
persuaded the prisoners themselves that they were
more fortunate at his hands than If they had been
brought before another judge. review OF his de-
cisions dsproves this idea. His sentences were
quite as severe those Of the other judges. II
was the kind and sympathetic manner that de-
ceved every one.
Judge Macarthur was born in Glasgow in 1915.
He comes from that family famous in romance and
history the MacArthurs of Loeb Kstrine and Loeb
Awe The name Is an uncommon one In America
The only other Macarthur Of any prominence being
that Duncan Macarthur who was a Western
a
pearance Judge Macarthur might have stepped from
a Van Dyke canvas. He is handsome after the
Scotch manner. Tall and proud with head OF
classic proportions, eyes that might be cynical II
they were not filled with kindly humor and smile
of winning sweetness. head OF curly gray hair
and a mustache and imperial. with certain dig
nifty and grace of expression, are what make him
resemble those cavaliers that Dutch artists loved
10 paint Toward women he Is most courtly and
gallant. There Is no woman who to-day would not
be fattered by his attention. He remembers their
little pecuarties and is absorbed listener to
their conversation. This gaantry, however has
never interfered with his sense Of justice. He is
always the impartial judge. as witness the case OF
Mrs Beva Lockwood. the lawyer and politician,
who appeared before him trying to get out OF the
Endorsement of a note oy pleading that she was
married woman. Judge Macarthur. with smile
fulI of bumor told her that such plea was not in
harmony with her position member of the bar.
and she was forced to retire.
Judge Macarthur has known intimately most OF
the great men who have been his contemporaries.
and is rich in "reminiscences, the nearing Oh "hch
is an agreeable experience.
A, a dinner given in honor OF Cardinal Gibbons,
then Archbishop at which number of the Catholic
clergy were present, the Archbishop told story
of Choate and Webster which he had happened
upon in his reading. They were the opposing coun-
sci in a celebrated case on the infringement OF
patent Of a certain wheel. Mr.. Choaie made
long and eloquent speech. devotng much time 10
pointing out the difference between the two wheels
which were In evidence. BY the time he had
finished there seemed to be no resemblance between
his clients and the plaintiffs wheel. Websters
reply was very terse and characteristic. Gentle
men Of the jury" he said. there are the wheels
II you can see any difference between them. 1t Is
more than / can do" The verdict was for the
plaintiff. Yes" said Judge Macarthur who was
seated opposite Archbishop Gibbons II remember
the incident very we'll 1t took place in Springfield,
and you will perhaps be surprised 10 know that !
was associated with Mr.. Choate in the case.
Really asked the Archbishop 1T Is indeed in,
teresting and unusual TO have such story verif,ed
by an eyewitness"
Then much TO the edhcation OF the other guests.
Judge Macarthur gave history of the whole case:
lie had himself opened ii. in speech which had
the merit OF length at any rate" he said laugh
ingly. Mr.. Caoate. IL seems did not wish TO speak
that afternoon. and had asked Mr.. Macarthur TO