The San Francisco call., 1897-01-05
COOK AND DUNE
ASCEND THE BENCH
Two New Judges in the
Superior Court of
This City.
Ceremonies of Induction in De.
partments Eleven and
Twelve.
ExJudge D. ]. Murphy Was Eloquently
Eulog.zad By ex-Judge Robert
FerraI.


the bench.
In Department IL the introduction of
Judge Dunno was performed by Judge
Belcher, who for some time has presided
over that department but who did not de-
vote himself 10 the trial of civil cases. a
great many attorneys and other citizens
interested in the change were present for
The purpose of manlfesting their gratlfca-
ton upon Judge Dunne's accession to The
place, for which he was chosen by so large
popular vote.
After Judge Belchers remarks Judge
Dunno called the morning s calendar aud
decided that a general calendar be made
I'D for the department, the same to be
called at 10 o'clock tomorrow.
In Department 10 there were also some
interesting proceedings. Judge Murphy,
the veteran jurist, assembled the steps, ac-
companied by Judge Cook, who as an at
torney has made name for himself IN the
criminal branch of the law.
The courtroom was crowded, many OF
the noted members of the San Francisco
bar being IN attendance. Judge Murphy
smiled as he looked over the throng and,
standing with his hand on the reading
desk in front of him and indicating the
presence of Judge Cook by gracious nod
OF the head, he said:
lis hardly necess ary for me to introduce to
the members of the bar the presiding Judge
OF Departme ment IL. He is not alone well known
10 US all, but TO the public generally, and it
affords me great pleasure to state that he VIII
be presiding Judge of this department hope
ior the full term of six years, Tor which he is
elected, and for many years thereafter, and the
clerk viii spread upon the minutes OF the court
the commission OF Judge COOK IN fuIl.
lam we'll satisfied that the bar will find in
Judge Cook q cour teous, kind and considerate
judge and he will undoubtedly expect the
same consideration, attention and respect
from the bar, which he will, without Ques ton,
receive; and in introducing him and retiring
from the bench all have to say on behalf OF
myself is that l return my sincere thanks to
the members of the bar for the courtesies al
ways extended to me. 1 have endeavored to
do my duty and to treat the bar with that con-
sideration to which it is entitled, and perhaps
in many Instances I Jailed TO do so, but ii was
more the result OF the head than the heart.
Judge Cook is now in possession OF Depart
ment II.
There were manifestations when Judge
Murphy concluded his remarks, and Judge
Cook responded in these words:
On assuming the duties to which have been
elected by the citizens of this community,
there is but little that I can say. As Juage
Murphy has said, the members OF the bar OF
this City all know me. [ have been one of you
now for over twenty years, and my only hope
Is that IN the new duties which L will be called
upon to fulfill, may be able, by reason of my
experience q practitioner and advocate, to
appreciate the difficulties that members ofthe
bar labor under in prosecuting cases entrusted
to their care. and to realize that 1t is some
times their zeal rather than anything else that
may cause them to persist in matters which
may not be entirely well founded.
know that in this community have many
friends, and l presume some who are not
friends, but Will say to all that out OF my
court l shall do my utmost TO keep and main
tain whatever friends have, but upon enter
ing the portals OF this court my individuality
shall be entirely laid aside ana I shall know
neither friend nor Zoe; whoever appears here
before me shall be treated impartany, and
intend 10 show the same consider alton for one
man as another, and my individuality hall in
no case Cut any part.
hope that the members of the bar and N.Y.
self will always find our connections and bust
ness associations pleasant, and l shall GER
tainly do all III my power to make them so,
and will ask the members of the bar and l
know they will endeavor on their part to do
the same toward me.
Ex-Judge Robert Ferral arose and in a
very impressive manner greeted the in
coming Judge, at the same time paying a
merited tribute to Judge Murphy, who
was Just retiring. He said:
Ii your Honor please, while it is entirely un-
necessary for any member OF the bar to in
dulge in any words, desire to state that the
community at large has paid you g very high
compliment in eiectlng you by most extraor-
dinary majority. feel that they are well
satisfied with the peoples choice, and when
your Honor's time for retiring has come and
you are about 10 resume active practice that
you will leave the bench as your predecessor,
Judge Murphy, has, with the good opinions OF
the bar aud the public generally.
feel that on this occasion it would be q
wrong to allow his Honor, Judge Murphy,
10 pass from the sphere OF his public service
without word, and as one VINO has long
practice at the bar and served on the bench.
VINO has known him for many years extend
orfar
the feeling entertained for him by all the
practitioners both in the civil department
and in those devoted to criminal busi-
ness think it is proper to say
this, that he went on the bench
twelve years ago after very active life in the
practice and life which is necessarily given
TO many antagonlsms, as it is utterly impoSsi-
BILE to carry on the prosecution of his pro-
fession, particularly in criminal law. without
making some enemies, yet he was elected by
his fellow citizens because they had seen II is
life and believed that he was pre-eminently
well qualified to adorn the bench and he has
so performed his duties as to speedily win the
confidence of all the community and the
respect of the members of the bar.
The only regret during his whole term OF
Office that have heard expires sed in regard to
Judge Murphy is, that he chose TO take a civil
department, because we who practice here,
particularly in the departments devoted to
criminal business. felt we had sus tained loss
just as the community had in probably the
ablesL criminal lawyer on the bench
l know it is very popular mistake that
almost any party can be d criminal lawyer and
almost any body can be a criminal judge but
to those who understand, that is very grave
and serious mistake
1t was a positive loss when we were unable
to again secure Judge Murphy's services be-
cause, as your Honor well knows, he was not a
candidate for reelection. He desired to lay
aside the responsibility, the care and worrj-
ment necessarily attached to the Office and to
again go back to practice. Had ne chosen to
serve the public further there is no question in
the world but what they would be delighted
10 honor him with the position he so well ana
nobly fulfilled; and now in going ont of Office
feel that he has endeared himself to the pro-
fession and to the community, and l do not
think there is member of the bar to-day who
has any ill-feeling against him; but, on the
contrary, that by his course of conduct, by the
manner in which he performed his duty, by
that impartial character and that freedom,
and that stern determination to administer
the law as it should be administered, honestly,
ably, conscientiously and kindly, he has
won their respect, their admiration and their
love, and ] speak the sentiments of the bar OF
San Francisco when l say we part with him
with sincere regre is, and realizing that his re-
tirement from The bench is public loss to the
profession and to the community. [ only
hope that should he again weary OF practice IN
the next two years he VIII consent TO
again resume the judicial mantle and the po-
sition he so nobiy and honoraby wore. In his
retirement he carries with him the respect,
confidence and admiration of all this CON-
munity, ana not only this community, but the
State at large, because he made Stale reputa-