New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28

graduated on Angus 6. lsn with n class whch
sngularly enough has furnished four Judges Of the
Supreme Court Of the State-Gllbert Dean. lucion
Blrdseye and Joseph f. Barnard. OF the Second
District and william Law Learned, OF the Ihrd
District.
Having decided TO follow the profession OF MS
father. he entered mis- Office as student at law
where he remained for two years. He completed
his ,.g,l education in the office OF the .aw firm OF
kirkland e. Bacon. OF Utica. y. Y. On July !,
1914 he was called to the bar at General Term
of the Supreme Court. held In Utica. Samuel Mel
son was At that time chief Justice and Greene ..
Bronson and Samuel Rcardslcy Associate Jus
tees The CHIEF Justice. In admitting Mr. Birdseyc
to practice, congratulated him upon his accession
10 the bar. OF which hs father was 50 .ong a con-
spicious member. Not only personally known 10
me-" said the chief Justice. hut he was my hight
esteemed friend and ! have doubt but you vii.
follow In his honored footsteps.
Although he had during his student days decided
to make Memphis ST. Louis or Chicago his fu,nr"
home. after receiving his license ne changed his
plans and in October 1874 removed to Albany and
began hts practice. In 1915 he married Miss Cath
crime " Baker OF Pompey. y Y. In tho mean
time his former preceptor. Mr. Kirkland. removed
10 New-York city and resumed his practice there.
He invited Mr. Birdseye TO become his law partner.
The invitation accepted. and on May l. no
the firm Of Kirkland & Brdscye opened an office at
No % Wall-st The reputation ~ the head or the
firm secured for e from tho start a large ana re-
muneratiye practice. Tn" fact that brother o! Mrs
Birdscye was then resident OF Brooklyn Induced
Mr. R.risevc In the spring OF 1850. TO become res
ident OF this city
Early In June 1876 william Rockwell. Justice
Of the Supreme Court OF the Second District, died
suddenly. and Governor Clark Immediately onered
the place to Mr. Blrdseye who accepted H. When
he took s place Ta hs RsnS 'h ne sqda M
Rlrdscye devoted himself to clearing on these ar
rears and Of the close OF Ma term. on December 3D.
49, the calendars OF the Circuit ana Equity Terms
OF Kings County had been cleared. ~ the faU cleo
dIdate Tor the remaining four years u the uneN-
pred term OF Judge Rockwell, but was deieatei by
Prior 10 his appointment 10 the bench, the firm
had become Kirkland. Brdseye & Sommers by the
leaving the bench the firm became Birdseye som
mcrs 4 Johnson. which was dissolved ~ o.,'a a
ns,inrrsnin Charles p Crosby formerly OF Detroit
Mich That association continued until Augu';.
l%2 when II gave place to me nrln ot ''Fus,yS
eye the of the senior partner. was admitted to
the hrm. but there was no change OF name.
Judge Birslseyc conducted many famous cases. one
OF the most interesting series OF litigations with
which ne was connected was FOR the foreclosure. In
the courts OF Mexico and Colorado, Of the mort
gage on the Maxwell tract-a tract Of land over
Mexico 10 Reambcn and Miranda In 1871. After a
hard struggle and Journeys which took Judge Birds
eye from Amsterdam to New-MeSco the litigation
The firm OF Birdseye. Cloyd and Bayliss was DIS
solved about a year and half ago after the death
OF Mr. Cloyd. Judge Blriseye. however. continued
in active practice until January Is, when he was
taken III on his way home Although he
fined to the house. his Illness not considered
dangerous until about fifteen minutes before his
death when he began 10 fail rapidly. Toe family
physician said that death was caused directly by
a clot OF blood IN the heart The Judge himself
thought the Illness so Hight that he had made ar
rangcment3 to go to court next week He was a
member OF the Hamilton club
Judge Brdseyc leaves widow and five children.
two sons and three daughters Clarence +. Birdseye
the Oldest son. was in partnership with his father
nj No ITO broadway Ncw-YOrk. one OF the
DAUGHTERS is unmarried. one Is Mrs. benjamin
II. Bayliss and the other is Mrs. T. =. Merritt. OF
Boston. The other son is engineer. The
funeral will be at Judge Birdseye's home. No. 273
Warren-st.. late on Wednesday afternoon. The
burial will be in Greenwood on Thursday.