The times., 1899-11-04

.
general term room at the City Hall 10
take action regarding the retirement Of
Walter S Cox from the bench OF the
Supreme Court Of the District The meet
ing was called by Samuel Maddox, Presi-
dent Of the Washington Bar Association,
and was presided over by Mr. William a.
Maury. Despite the fact that the rainfall
which continued throughout the day was
the heaviest just about the time the meet
ing was TO commence, it was the largest
assembIage Of the members Of the local bar
held in many years. Among those present
were all the justices of the Supreme Court.
Mr Walter d. Dayidge, VINO was Sc
lec;ed by the committee on resolutions
which was appointed some time ago BY the
Bar Association TO draft fitting resolutions
expressing the feeling Of the members OF
the local bar, offered the following:
The nar Of The District OF Columbia, in general
meeting assembled, feeling that the retirement
OF Mr. Justice Walter SIuiIh Cox after service
Of more than twenty years on tine bench Of the
supreme Court Of the District OF Columbia de
nsnds q fitting expression OF the bar > respect
and esteem for him as a man, its confidence IN
him judge, and lis deep regret that he Is no
longer 10 SIT upon the bench which he adorned,
further rendition OF the services In The discharge
OF which he So fully exhibited his high character
and great attalnments, resolves as follows;
First-TlaJ the judicial career Of Justice Cox
has been characterized by the love OF Justice,
broad apprehension of legal and equitable pfln-
clples, profound learning, asslcuCus attention 10
duty, and uniform courtesy and kindness 10 the
members OF the bar, and that we consider ms re-
tlrement a distinct loss 10 the bench, the bar
and the community in which lie administered MS
high Office
Second-That the bar viii present to the Su-
preme Court Of the District Of Columbls suit
able portrait OF him, u be hung in the general
term room q the court, and that q committee
o. seven 70 be appointed by the chairman ci TINS
meeting, he charged with the duty OF carrying
this resolution into effect, and,
Third-That the chairman and secretary Of this
meeting be requested 10 present suitably en-
crossed copy Of these proceedings 10 Justice Cox,
with the assurance that deeply lament that
be has been constrained by his condition Of
health TO retire from the bench, and our fer
vent hope that his life may be spared for many
years cheered by the remembrance Of duty well
and n0bly done and the knowledge that he car
mes with him into his retirement the admiration,
gratitude and affection Of the bar.
Mr.. Davidge spoke briefly OF his early
association with the former justice. In
those days, more than fifty years ago, he
said. there were no typewriters or tele-
phones. OF Justice Cox he said: Il never
knew a more conscientious and able judge
or a more honest man"
The other members Of the committee on
resolutions were: r. Ross Perry, Henry E.
Davis, J. NJ Wilson. J. c. Payne, A. s.
Worthington, William T. Matungly, Sam
UeI Maddox, J. J. Darlington, J. Holds
worth Gordon, and George E. Hamilton.
The resolutions were seconded by H. z.
Davis, who spoke Of former Justice Cox
ss q man. a judge, and q scholar. His
record upon the bench, he said, would en-
dure as long as time. More than once"
Mr. Davis said. has his ability as q jurist
been recognized and complfmented by the
Supreme Court Of the United States, the
highest tribunal il the land" In this con-
nection Mr Davis cited several instances
Of cases which were taken TO the United
States Supreme Court upon appeal from
the decision Of Justice Cox, and where that
court, in its own judgment. incorporated
verbatim the opinion Of the lower court,
giving fun credit for il.
In the case OF Shoemaker against the
United States, growing out OF the estab-
lishment OF Rock Greek Park, the Supreme
Court Of the United States. states:
90 The discussion by the court below was
go elaborate and careful that no useful
purpose would be served by entering
minutely into the subject in this opinion.
II is sufficient 10 say that our examination
-
failed TO disclose any error in the ruling
Of the court below respecting the owner
ship of a supposed gold mine in tract g.
and We adopt its opinion as presenting a
fun and satisfactory treatment Of the
question
In the case Of the United States vs.
Schneider, h an unusually lengthy opinion
the judgment Of the trial court which had
sentenced the appellant 10 death for mur-
der. was affirmed and many interesting and
important questions Of criminal law clearly
eXpounded and settled for this jurisdiction;
among which the most important are that
although q Juror may have formed and
expressed an opinion in a capital case
which il required evidence TO overcome,
he ts yet competent, if in his own judg-
ment, or that OF the court based upon the
whole examination, he can render an i'm
partial verdict according 10 the law and
evidence. and the finding Of the court upon
that issue VIII not be set aside except for
manifest error; that circumstances indie
pendent Of the direct statement Of the de-
ceased may suffice to establish & state oi
case showing such an apprehension Of i'm
pending death as 10 make q declaration
by the deceased a dying declaration so as
10 be admissible under the rule as 10 such
declarations.
THE other criminal case 70 be noted Is
one which occurs 10 the mind Of every law
yer who hears Judge CoE's uHm-thst is
the world-famoug case Of the United State,
versus Guiteau, upon which alone Judge
Cox might safely rest his reputation as 3
profound lawyer and wise Judge The
knowledge OF this case by the profession
Is so universal, and the great ability dis.
played BY Judge Cox il its handling is s,
unhesitarngly recognized on all hands. tha
any elaborate exposition OF 1t would be ,
work OF supererogation. Let II suffice 4
cay that In all the vexing days OF th,
months consumed in the trial Judge Coz
held an even course. and, notWithsisudin.
the multitude OF rulings which he wa
called upon 70 make committed no errol
prejudicial 70 the rights OF the prisoner
for whose blood the country 10 q man wa
clamorlng.
1.-TWO very important phases Of the case
however, called from the Judge opinfoDt
which BY themselves stamp him as th,
jurist We recognize him 20 be- namely. III
question OF jurisdiction and the question O
insanity. The former OF these question
was disposed OF in an opinion which ex
hibited Judge COX's saJuratiou with IN
spirit of the common law and his I'm
logical faculty IN the highest degree. Tn
other Qestiou-that Of insanity as q de
fence for crime-WHs dealt with IN an ouin
Son OF which Il IS fair 10 say that ii
almost ss familiar 10 the profession toda
IS any Of the leading opinions were In tn
earlier and more formative periods Of III
law, and that without dissent. Il is locke
upou as quite the best charge ever deityere
20 a jury in a case IN which that de
fence was set up. This indeed, was ad
mitted IN terms by one OF the judges mos