Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-02-08

tnere u among the mcWo'iH Va wv -,
fession love for its glories. an afno,-
tious appreciation OF It's oppo''ui ~
tlos, and an adherence 10 us
| high integrity. hope that the
writer may be right In his beheI'
However Il nay be with us Of the present.
! we will hear discussed tonight one perlod
Of the history Of our profession ~ TINS
| state when no such question could nave
| heen raised. and we will hear II told by
ono who IN the high and honorable prac-
ucc of our profession did so much 10
make that period worthy Of all emulation
give YOU the pleasure of hfaring the
Hon. John Randolph Tucker.
ur. Tucker Well Received.
Tho sneaker thus introduced MIR. Mere
( attn. and whom there IS no one In VIZ
! einia more honored and esteemed. arose
! ana took his position M the right OF the
presidents table lie was roundly APP
nl,i;ded and made graceful recognition Of
The compliment paid him. His address.
historical and reminiscent, was replete
with humor and pathOs. IL dealt with
tn bench and bar OF Virginia from liz
earliest stages TO the present day. ana II
dealt with the subject IN such way as
10 make II personally interesting TO all
VINO heard II.
In opening his address Mr.. Tucker drew
the following picture Of the old Court 81
Appeals
THE old Court Of Appeals was held In
what is the present Senate chamber, the
live judges sitting in common deal arm
chairs. each at his own little table. three
on ono side of the large fireplace and two
on the other Behind a plain curved
bar covered with gray 'cloth stretching
along the front Of the separated seats OF
the Judges stood and argued the men
whose genius and learning were worthy
Of the tribunal and OF this venerable
Commonwealth.
In my minds eve | see them now.
My father. then in his prime, sat nearest
the fireplace Next 10 him I can see the
small but erect figure surmounted by
the bald and wei-deVeloped head OF
Francis r. Brooke who held his seat
from 1911 to 1851. Next TO him sat the
noble and dlgnlned judicial form Of vii
liam II. Cabcu. an Ex-Governor. and
who. with Judge Brooke, was a judge
Of that court for fifty years. On the
other side ] see the calm. Cons,derate.
and earnestly face OF Dab
ney Carr. in which gentlcncss and firm
ness were blended in beautiful harmony.
once chancellor and then Judge Of this
court from 1924 10 his death. January 3.
1897. And next to him ] see the vigorous
sense and integrity. Of William Broken
brough, for many years an eminent judge
on the circuit. and Of the General Court
and then "a judge of this court from 1884
until his death in lS}s.'
CONSTITUTION OF 1907
The speaker then noted the changes in
the old court by succession due to DEATHS
and designations. and. continuing, said.
After the new Constitution Of 1902
by tho death OF Judges Cabel, Brooke,
and Baldwin. the court become consu-
tutcd Of the following judges: President
Allen. with Daniel Moncure. Lee. and
Slmucls as associate judges and they
constituted the court when, in 1851. as
Attorney General. my official relations 10
the judges brought mo into closer and
delightful personal intercourse with them.
And when Judge Samuels. after faithful
service on the court. died in 1889, there
came upon the bench my old college
friend. a pupil at the University Of Viz
| pinia Of my father. the now living and
eminent jurist. William J. Robertson,
whose place IN the front rank OF the pro-
fcssion in Virginia IS conceded by all.
Upon tho organization Of the court.
under the Constitution Of 1870. IL was
constituted Of President Moncure. and
Joynes. Christian. Staples. and Anderson.
Judge Joyncs died. lamcn'"d ~ The pro-
fession as d judge Of marked native abil-
ity. and Of varied and accurate learn
ing. and Judge Wood Bouldin succeeded
for few years of distinguished service
until his death when yet the living Ed
ward 6. Burks succeeded him for too short
term Of rvice-another Of my old col
lege-matcs. and Il graduate with Judge
Robertson in law under my father IN
1872
"Of this able court. al Of whom have
passed away but Judges Christian and
Staples, the record Of their decisions con-
veys an estimate which makes them
worthy Of their honorcd predecessors.
Their praise is voiced by the profession
for learning ability. and integrity
LET THE RECORDS SPEAK.
OF the judges of the ancient court" 30
penJleton. Peter Lyons. William
Fleming Paul Darlington. md their assoc
ciates. Mercer. Henry Tazewel. spencer
Roane. ST George Tucker. John Coalter.
and John ". Green. Mr.. Tucker said. he
would leave the records to speak. These
primal cxpounders Of the law he
added have laid broad and deep its
foundations and If their opinions are
not SO eruGite in cases as those of later
judge. IT is ileir glory 10 have made the
preCedents which their successors cite
and rest .pon. and We may devoutly nope
that the sUuerstructure they raise may be
worthy Of the fundamental principles OF
right and justice which the ancient
court made the cornerstone Of our sys-
ten Of Jurisprudence
THE JUDGES OF 1885.
Mr.. Tucker then took up the judges
Of 1876. and from his delineation Of them
is condensed the following:
10 gnI
direct mind seized on tn hearing Of a
case. upon the pivotal point in contest
and decided il. without the painful pro-
| cess Of tedious ratiocination which other
Judges adopted lie spoke and wrote al
rem. and ceased when that was accom-
plished by clear and lucid statement
Judge William II. Cabell, Of Grey Cas-
tie. on Gamhl IS Hin, was a fine example
Of an appellate Judge His temper was
calm and impartial. his disposition kindly
| but his purposa was firm. his mind was
| comprehensive and logical. and his siy.e
eminently clear IN its judicial dscrimina-
| ton. and decided I'm its conclusions
Judge Dabney Carr. Of Elba. in tn
| suburbs of Richmond. was a lawyer and
| Judge addicted 20 the chancery; true
successor in this branch 10 The great
| Chancellor. George Wythe, who shon,
with equal splcndor in the Confederate
| Congress of Indepo ndencc. In the Fed raj
| Convention of 1871, ana the Ratifying Con
veution Of l7NS as on the woolsack OF the
! Commonwealth.
4 POWERFUL IMPRESS.
| Judge william Rrockenbrough had been
judge NJ nisi piius 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. Ills
mind was marked by strong. common
sense, vigorous thought. and h. had a
most pungent method Of presenting his
views. His judicial career on the Appellate
Bench was short. but he left the power
ful impress Of his character on Its re-
cords
In Judge 81 George Tucker the ele-
mcntS Of goodness We're combined ana
harmonized in u certain majestic plain
ness of sense and honor. which offended
no mans self-lovc, and commanded the
respect. confidence. ana affection OF All.
no PRINTED RECORDS.
The speaker then referred 70 the fact
that until about ISIS there were no PRINT
ed records and briefs. and that the
opinions OF the Judges were very snort.
Next ne cited the methods OF work oil
the judges and lawyers, ana In discussing
"case-lcarnins, said:
1T Is certainly true that the ready
az liygefg and