The times. [volume] (Richmond, Va.) 1890-1903, 1895-02-08


so well as 10 revere, with his numerous
descendants, his memory as man ana
Judge.
These primal expounders OF our law
have laid broad and deep It's foundations
and IL their opinions are not 80 eruuite
I'm cases as those OF later judges, ~ IL
their glory 10 have made the precehents
which their successors cite and rest upon
| and VIC may devoutly hope that the super
structure they raise may be worthy OF
the fundamental principles OF right and
Justice which the ancient court made the
cornerstone OF our system OF Jurispru-
dcnce.
TEE OLD RyGIMv.
wish had time and skill to delincatc
those Judges OF 1855 they are photo
graphed upon my mind and memory
Gentlemen of the old regime
Judge Francis +. Brooke was a Leu
tenant In the revolutionary army before
I'he was OF age. lie told me his first
months pay was s}3. commuted to $4,000
in Continental currency. How think you
he spen, IL? a coat for $4,000. pants for
$4,000. vest for $500. and 81 800 for the
buttons.
His quick. intuitive and direct mind
seized. on the hcaring Of a case. upon
the pivotal point in contest, and decided
IL without the painful process Of Re lious
ratiocination. which other judges adopted
He spoke and wrote adj rem, and ceased
when that was accomplished by clear and
lucid statement.
Judge William IT. Cabell Of Grey Cas-
| tie, Oh CANDLES Hill. was fine example
OF an appellate judge. His temper
calm and impartial, his disp0sit on kind
ly. but his purpose was firm, his mind
was comprehensive and logical. and his
style ominently clear In its judicial d's-
elimination. and decided IN its conclu-
siOns What higher evidence did judge
ever afford OF that intellectual magnanl-
nifty. which will permit no pride Of con-
sistcncy TO obstruct his devotion TO truth
as revealed 10 him by more profound con-
sideration than Judge Cabell splayed In
Davis vs.. Turner, in his noble surrender
~ II long series OF his own decisions. up
holding the rigorous doctrine OF frauI
per Sc to the new view presented by
himself and Judge Baldwin, and so lulni-
aously expounded by the latter in that
case.
PITCHING oUoITs.
Judge Dabncy Carr, Of Elba, in The
SUBURBS OF Richmond, near the old
grounds of the Buchanan Spring Quot
club. which he attended with the eager
and simple JOY Of boyhoOd Il can see nm
now. pitching his quot and measuring
with judicial fairness its distance. and
that Of his competitor from the mark
he used to pitch there with the great
chief Justice who was more skilled than
he i'm the game). lie was the son OF
young and famous statesman in he revO-
lutionary movement, and a nephew Of
Thomas jefferson. lie was, as lawyer
aud Judge. addicted TO the chancery,
tue successor in this branch TO the
great chancellor. George Wythc. VINO
shonc with equal splendor in the Confed-
crate Congress OF Independence, IN the
Federal Convention OF 1881. and the Rati-
fving Convention OF 1875. as on the DOL
sack OF the Commonwealth Like Inn.
whom ! suspect he took as his model ne
was ever persistent In fighting a pathway
to the real right through the technical
,battts OF the legal forum. untll ms
serene and noble nature couid leel ne
had decided according 10 the rules OF
msticc. which know 10 law but the la"
OF the God
Nv mind excuse me for this) reveTts
to the many days played all my hoidd|
AT his hospitabe home. in the genial sun
shine Of his noble prescnsc, ana / can
nov sadly see nim. with patient face ana
enfeehlcd frame. stretched on what was
his diving bed. gently and humbly as
piriug 10 the rest of the better world.
Judge William BrockenbroUgh ! knew
less Of personally than any Of those al
r. idN mCntlC0eD. lpui hItN no '4llI-
ncnt son well. the late Judge John w.
Rrockcnbrough, of the District Court OF
the United states, who inherited much OF
his ability from his father. and mani
tested il At the bar, on the bench and in
the chair oftthe professor
Judge William Brockenbrough had been
Judge az nisi prius and in the General
Court and his experience in those courts
made him par excellence the common law
Judge Of the bench, as he sat by the side
OF the eminent Chancellor Carr. His mind
was marked by strong common sense,
vigorous thought. and he had most
puneent method of presenting his views.
His judicial career on the appellate bench
was short. but he left the powerful i'm
press Of his character on its records.
HENRY ST. GEORGE TUcKEP.
I pause for d.ic,cy perhaps forriis
me to proceel-and yet fl ial love ami adj
rliration Impel me to speak of the Presi-
dent of the court, net in my own per
haps too partial view Of his judicial career
and his personal character. but i'm words
which fraternal friendship have engraved
uIcn his tOmb-IN MEMORY OF HEN
RY ST. GEORGE TUCKER.
Lear ed without pedGltuE': grave
without austerity: cheerful without fri
vulity, gentle without Weakness; meek
but Irbendirg; rigid i'm moi ais yet m
dulgent TO all faults but his own.
In him the elements OF goodness were
&C mbined and harmonized In certain
majestic plainness of sense and honor
Wnich offended no mons self-ioVe. ana
commanded he respect, confidence ana
affection Of all.
lie lived without reproach.
And died without an enemy.
during a successful career at the bar,
he represented his people I'm both Houses
Of the General Assembly. and In the
House Of Rerlt sentatiyes. He was Chan
cellor of the 4th judicial District from
1924 10 1891 during which time he found
cd most successful Law School IN
Winchester; was President of the Court
of Appeals from 1881 until 1871, when he
resigned to become Professor of Law IN
the University Of Virginia. which also ne
resigned from III health in 1915, and died
in 1915
In that early day. and until about 1919,
there were no printed records ana no
printed briefs. In every case, three
manuscript records were made. one Tor
the five judges. and one for the Counsel
on the respective sides Think OF IL.
Such a record as We had IN robertson vs..
Wright OF 900 pages OF print, TO he
examined in manuscript. Think OF inc
labor Of five judges with one record, IN
sitting from such mass, the essential
facts and points for decision. How wei
| remember being sent again and again
at boy by my father 10 one of the other
Judges to let him have the record OF
case for a night Il is m trvcllous how
business could be successfully dispatch
cd. II necessitatcd Iainstaking prollXity
on the part of counsel to refer the court
TO the facts in the record, and with slow
oral statement to refer to the cases