New-York tribune., 1895-10-20
Ex-JUDGE DAILY RETURNS.
THE FORMER CHIEF JUSTICE NEARLY
EIGHTY YEARS OLD.

HE WENT ABROAD TO ATTEND THE WORLDS
GEOGRAPHICAL CoNGREss-IScIpENrs OF
PRIOR TRIPs-roRTY-rwo YEARS
tr OF SERVICE IN A COURT
WHOSE END is AT HAND
Among the passengers who returned on the
New-York yesterday was ex-Chei JUSTICE
Charles p DAILY Of the Court Of Common rieas'
who went to London in June to attend 'he "e'
rraphcal Congress and who had since been
travelling in England ana the Continent VII
October Il ex-Chief Justice DAILY will enter upon
his eIghtieth year. 1t is now ten years since ne
retired from the bench which he had given
nearly forty-two years Of judicial service He
is still strong in body and mind participating IN
active law work. engaged ~ the preparation OF
several monographs and treatises CT legal ana
geographical subjects and constant In his at
tention TO matters pertaining to his faNori'e
nelds OF history geography and enthropoiogy'
His recreation except IN the winter months. Is
taken at mis- carpenters bench at his country
place at Sag Iiarbor. He finds peculiar pleasure
IN the perfection OF his work with plane ana
saw and square
This IA Judge Days third trip to Europe lie
went first In 1851. A characteristic incioeh' was
his meeting with the Duke OF Wellington. Al
though Judge DAILY had been on the bench TOT
seven years ne only thirty-fve years oio'
When he was presented as a Judge OF the New
York Court Of Common Pleas. the Iron Duke
said:
you are too Young to nave acquired high
place on the bench. ..-. ..----
IT owe my position" wa Judge Days dpio-
matte reply, ito one OF those accidents of for
tune to which your lordship owes so little
n,,trA In H.
ing. you are doubtless just where you belong
on the same trip he met Alexander Won Hum
boldt. who afterward referred to him in the most
complimentary terms In a letter published IN
Ieips.c In 1859 Early in the seventies Judge
Daily again visited England and with his wife'
was entertained by Mr.. Gladstone.
The trip just completed was made Tor the
primary purpose OF attending the GeoeraPns,a. is
Congress held in the ctI of London, where Judge
Daly as president of the American Gecgraphicai
Society was chosen to respond to the addresses
Of welcome. .
formally opened at the Imperial Institute oy
the Duke Of York. one of the five honorary VIC
presidents. In the name OF the patron tne Q"evn'
and the vice-patron. the Prince OF Wales Inc
Duke delivered the address OF welcome. ana was
followed by similar address by Clements Maik ,,
ham. president Of the congress - NJ IL
Justice DAILY, 1.-The doyen of the presidents OF tne
geographical societies of the world, responoeu'
During large part of his address Judge Daiy
had the disadvantage ana dlsco!hlort oi 'aiH'',e
against Strauss's Band. when was piaslne III
the neighboring gardens. ,
Judge Daily appointed by Governor BoucK i
10 a seat on the Common Pleas bench IN AprHi'
1874 when he was only twenty-seven years oio
when the Office was made elective by the con-
stitution OF 1876. he was elected to succeed MN
self for term OF six years he was coh'inualiS s
reelected until 1911 At that time the tweed
ring was in control. During the preceding years
when the corruption Of the Tammany ring hau
enriched even the higher tribunals, the common
....l
was looked 10 ss the refuge of justice. In len.
therefore Tweed absolutely opposed 70 ms
denomination. just at that time the Tweed rlns
was exposed and overthrown. Judge Daly was
nominated for a term Of fourteen years. not only
by all factions Of the Democrats. but also by the
Republicans. and every vote cast for that once
In New-York City In the election OF 1911 was
cast for Chief Justice Charles P. DAILY The
office of Chief Justice he held from 1858. when ne
succeeded Judge Daniel p lngraham IN ,1a .nas
post until his retirement in 1885. AT the time
OF his retirement a notable meeting OF the par
was held to pay tribute OF respect to the out
going Chief Justice. Ex-Presdent Chester A.
Arthur presided and David Dudley Field was
the principal speaker. Judge DAILY is now coun-
sci for the law firm of DAILY. Hoyt & Mason
One of the most important cases ever tried
before Judge Daily was that OF the seven prison
ers indicted for completely IN the Macready riots
at the Astor Place Theatre in May. 1S4s. when
twenty persons We're killed and twsniy-twS 1--WE
fed from the city. and Recorder Tallmadge mad
assumed the responsibility Of ordering the mill
tary to FIRE upon the MOD. III consequence oi
this the Recorder did not wish to preside at the
trial and Judge DAILY. though the youngest OF
the Judges Of the Court of Common P.eas was
chosen to preside. In that important case ne
laid down the law Of riot. and his Interpretation
has been followed ever since.
During the War of the Rebellion President
Lincoln and his Cabinet frequently sought Judge
Daly's advice When TIE crew Of the rebel priva-
teer Jefferson Davis were sentenced 10 be
hanged as pirates. Judge DAILY met the President
and his Cabinet. and urged that they be ex-
changed as prisoners of war. His reasoning was
adopted and the exchange was made.
At the time Of the Trent affair Chief Justice
Chase sought tho opinion of Judge DAILY as TO
whether the rebel Commissioners. Mason and
Slid.n should be given up He answered: i
think we shall have 10 surrender them and
hunted up the law to support his opinion. Four
DAYS later Secretary Seward published a letter
consenting to the return Of Mason and Slidell to
British protection
The major portion of the reports Of the Com
mon Pees Court issued under the hand
and name Of Judge DAILY. and are krown and
quoted as "Dalys Reports. The opinions writ
ten and filed by Judge DAILY during his long
career number between 4cO0 end 5000. The Com
mon Pleas Court, to which he gave his entire
services IL about to be merged into the supreme
Court, with the consequent entire destruction OF
its identity.
Judge DAILY has been for many years presi-
dent of the Geographical Soc ETY.. He Is an hon
orary member of the Royal Geographical Soci-
ETY. of London the Berlin Geographical Society
and the Imperial Geogra phical Society Of Russia.
He has been also president OF the New-iork
Historical Society. The ex-Chief justice was
ALWAYS welcome visitor at the Century Club, OF
which he was Of the founders
sYOwSrORM ~ THE NORTHWEsT