Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-09-23
State HISTORICAL SOCIETY
Resumption of Its Monthly
Meetings Monday.
MEMORIAL OF JUDGE |. E. WALES
Read by United States Com
missioner Smith.

missioner Smith.
A Monument to be Erected at the Swedes'
Landing Place at the Point of Rocks, in
the Christiana--An Invitation to Attend
the slercer Firemen's Cenreuniai.
At the regular meeting OF the His.
torieal Society of Delaware Monday
evening United States Commissioner S.
Redmond Smith read a memorial OF the
late Hon. Leonard Il. Wales, Judge of
the Federal courts in tie District OF
4 Delaware. The room OF the society
was crowded and tho paper was most
cordially received. Chief Justice
s Charles b. Lore presided and others
\ present were Recording Secretary vii.
lard Hall Porter. Corresponding Secre-
tary John Il. Bird, Librarian Henry G.
4 Conrad. Treasurer II. r. l3ringhurst,
a Juuge f. G. Bradford of the Federal
K courts, and Judge ]. &. Grubb of the
State courts, Bishop Coleman, the Revs
Charles 4. Murray, d. D., F.. M.
3 Munson, LII. d.. George g. Hall and
y W. +. Lewis, Psnnock Pussy, Francis
II. Hoifecker. William Michael Byrne,
William S. Hilles. j. Danforth Bush.
ID. j. Reinhardt, II. F. Dure, Robert
AdRir. Elwood G. jackson, DR.. L. g.
Shortlidge, Col. W. A. LaMotte, G.
G. Cameron, George S. Capele, Capt
Henry b. Nones, George W. Bush,
Edward Andrews Edward L. Candy,
]. A. McCulley, T. L. Cooper, Jr.,
Levi Garrett, G. p. johnson, john NJ.
Springer, Ohio Rowland and DIR.
Horace Burr.
Major Smith appeared before the
meeting wearing his decorations, ono
being the Loyal Legion badge and the
other the medal of honor presented to
him by the government for gnllantry at
Rowanty River, Va, February 9Th,
1867. In his paper he Hpuka of the
birth and earlier career OF Judge Wales
and discussed his work as State Judge
for 1919 years anG no Federal Judge for
l3 years. In the State courts the
triae we're comparatively few while
Judge Wales was On the bench and in
the nearly 20 years, 80 Ear as Major
Smith could ascertain. he delivered
only 10 opinions in the court of errorH
and appeals and four opinions in tho
superior court and one in court OF oyer
and terminer. lie charged one jury 10
one reported case each in superior court
and court of oyer and terminer. lie
doubtless delivered oral opinions from
the bench which have not been reported,
and be transacted considerable husi-
ness in tho orphans court. "In all
these years, said Mr. Smith, ''he
fulfilled every expectation that could
he reasonably demanded of him, and il
is not too much TO say that he met
every call upon him with credit to the
State and to himself
The major next took up the judges
career on the Federal bench, and re-.
forred to his work in the New Jersey
district as well as in tho Delaware dis
trict. Every appeal that was taken to
the supreme court from his decision
10 the New Jersey district was dis.
missed. In the diHtriCt court for the
Delaware district he heard argument
in ljl contested cases and handed down
II opinions: in the circuit court for
this district he heard argument in 1T3
contested cases anu handed down 32
opinions. lie handnd down 81 opini ions
in ths district court Of New Jersey.
and 27 opinions in the circuit court of
that district. Major smith calculates
that the judge heard argument in tho
New Jersey courts in 1924 contested
cases. In the United States circuit
court of appeals for the Third circuit
he sat and heard argument in ll3
contested cRRes ami handed down 26
opinions. "A II told. ne sat and heard
argument in 7G0 contested Gaze and
handed down l23 opinions This is
altogether aside from the innumerahlo
hearings On x.parte applications. both
in his own courts and in the New Jersey
courts, often involving considerable in
vestigatlon and responsibility in their
trial and disnnsltinn. +"
Speaking Of tho judges politics,
Major Smith said: Judge Walen
coming from an old Whig fnmly, was
naturally Republican. In his younger
days he wrote editorials for tho bella
ware State journal, newspaper pub
lished here. and | think for the Blue
llen's Chicken. lie was staunch in
his political belief without boing in
tensely partisan. lie did not follow
any mans flag, but believed in prin.
Ciples; he was always really as a citizen
TO further tine cause of the party whosa
principles he believed in. AS a judga
he knew no man nor the political party
TO which be belonged; and this has
been amply demonstrated TO the disap-
pointment of his ardent party friends
in the numerous force bill cases tried
before him. No man in this reBpact can
dispute his absolute fairness. As a
citizen he was always alert for the goui
of bis community.
II any law were proposed especially
detrimental in his Judgment to the well
fare of the State. it would encounter
his opposition, lilo proposed and drafted
the law which forbids the granting Of
divorces to non. residents for causes
IN outside of this State, unless the Same
were grantabn for like causes in the
State from which the petition came,
and he suggested various other remedial
laws. amung which may he mentioned
the proposed United States statute to
= permit comparisons of handwriting of
Il the accused On criminal charge with
his handwriting, proved to the salts
faction of the court 10 be genuine, and
not otherwise in the cause. This pro-
posed law after, | am informed roceiy-
ing the approval of the judiciary com
mlttse OF the Senate, failed to pass.
An act similar to the one above sug
gested was passed in our State Legisla-
ture and was approved March I'd. 1881,
and has doubtless prevented miscar-
riages Of JUSTICE"
Major Smith entered into the oppos.
ing sentiments concerning slavery and
showed how judge Wales made a firm
stand for freedom He further reviewed
tho Judges career in the war time as a
member of Co. II, of tis First Della
ware Regiment OF Infantry, of which
he was elected second lieutenant, and
his work as draft commissioner. Ills
philanthropy was also discussed in con