New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-20

Who died yesterday.
had failed notceably and had grown quite feenf
IN his carriage but his brilliant mental powers
remained urnpaired. No relatives were with MIN
at the time OF his death Those at the bedside were
his housekeepcr. DR. Taylor. Father Mahon. o. sax
Harhor and the house servants
Ex-JudEe Day's son-in-law, Charles Hoyi ~ ms
city was sent for to arrange for the funeral II -
believed that the Judge left large estate.
IL the death Of Judge DAILY lesa, and scientific
circles lose a representative whose reputation was
worldwide and whose lovable yet forcein
character had gained for him the high regard ana
affection Of all who knew him personally. lie was
born on October g. 1916 I'm this city. 70 which his
parents had inlmigrated from the North Of ireland
about two years before Ills father. who was
master carpenter diol when fho hoy was attend
mg a private school and rather than be dependent
upon bis stepmother the future Justice wont 20
Savannah Ga. where he obtained employment as
q clerk lie became dissatisfied with this work
and shipping before tho mast ho passed three years
AT sea After returning n this city No apprenrced
himself to learn a trade. working hard AZ DAY
and spending his nights I'm acquiring KNOWLEDGE
Recoming a member Of a literary society. he soon
came 10 he recognized as an eloquent ana well IN
formed dehator and MS ability attracted the atten-
ton o. William Soulc, lawyer who advised him
In study law offering 70 raise the money ~ send
him 70 Union College. Young DAILY was ot 700 m
donenden, n nature 20 accept this ofor. and. nron
he death Of the man 10 WnpNl lI' Ndr dlil
he also declined 10 enter Mr. Soules office unit he
had done his duty 10 hls employers widow by COM
pleting his time. After that M entered Mr. soue's
office receiving salary Of $50 for the hrst year.
After young DAILY had studied law three ana nan
voars he showed such proficiency that Chief JUS
lice Nelson relaxed the rule requiring seven years
study and admitted him 70 practice IN 1872
Mr. DAILY formed "A partnership with Thomas NC
Eirath who afterward vas associated WIN iioi@'e
Greeley in founding The Tribune and entered upon
a successful law practice. He was eiect'n mon"
her Of the LEGISLATURE "a n Democrat in lNi3 ana
in 1884, when no had Nrac'ised law scarcely h'e
wears and had not ached the rge of twenty
eight he was appointed Judge Of the court O.
common Pleas lie succeeded Judge Ingls. whose
term had iust expired ard who WINS candlaate
for roannointment, the Governor then having the
mower 10 appoint the Judges. Although Judge
Inglis was Wing his claims were supported by
Mr. D7lv and several other prominent Democrats
Governor Bouck. who was a Democrat preferred
10 offer the judgeship 10 Mr.. DAILY. upon me rec
onmondati0n Of Ex-Governor Marcy. and, although
II Was ut FIST refused. 81 was finally accepted
after Judge Inglis had assured the young man tnat
the nomination VAS beyond his reach.
Judge Dalv took hts scat on thu bench on May
4 1s44 md I'D not retire from II until December
g. 1855 serving continuously FOR period or near'F
eorfv-tvo Years which ~ the longest judicial record
over made I'm this state He held his position for
the first TWO years by the appointment of Governor
Pouck but when the Office Of Judge was m 'de
a1ocive h, tho Constitution Of $40 ne WAS elected
70 succeed himself for a term Of six years lie WAS
three times reelected for similar terms until Hl,
and then at the time OF the overthrow Of the
Tweed ring. was renomna'ed 10y all parties ana
faotions receiving every vote for the judseship
that was cast IN the City OF New-Yolk He became
Chief Justice Of the court IN 1855 succeeding Judge
Ineraham and ne held this position continuously
FOR twenty-seyen years
Judge Days jIdiciols decisions are regarded as
H.. mo
them we're in the matter of Snooks, IN which an
elaborate review on tho origin of surnames Is
given. cromwell against stephens. determining ne
legal definition Of a hotel; Edgerion against rage
on The origin and nature of The IN" NJ eviction
ox-Sherln Brennan against the Mayor ana lily 'i
Nev-York IN which 10 held that fees PROVED
10 be fraudulon' may be Withheld ov0n after h''-
ing been confirmed by the Common Council de-
cs'on which saved over N""" 10 me cry Nfh-
my. the police justices case in which me c2l-'i.
the Mayor was affirmed IN" fassd'c HaIlu.d,l
c"nstT,,ctj"n ~ the statute of frauds and many
important cases on the law Of trademarks ana me
An espccialiy notable case tried before aim was
IN the Aston Place riots in May. lNi' "I.ln We
caused boy Tie rivalry lo'~cen ~" a'lor5. . ,'~
for tho interpret jion o. the Jaw AK
in tLs state, Juige Da} iarl down Inc ,tM -
an the prisoners. who were sentenced t' terms D"
Civn War. lie was frequently consulted by lIrS..
dent Lincoln and members of his Cabinet. am ~
was uuon Judge Days advice that the crew OF INC
rebel prvatecr jefferson Davis We're pdldoned ana
exchanged as prisoners ~ war after thei h1d been
sentenced TO be hanged pirates. I'D 1851 Ito n 50
advocated the return OF Confederate enissaries
slde and Mason 70 the protection 81 tho britsh
flag. holding TIA. boy th, laws of tho niicd states
their seizure was not justhahie.
IN 1871 Judge DAILY was elected q mfmi.I or W"
New-York state Constitutional Convention. re
was appointed one Of the judiciary Committee AMI
also Of the Committee on the SUBMISSION ~
the Constitution In 1850 tho degree or LII -
was conferred upon him by columbia College
Judge Daily had been president of the American
an honorary member Of the Royal Geographical 50
cietv of London. the Berlin Geographical SoceiN
ard the Imperial geographical society OF kussIa,
tan Museum Of Art. the American Museum of Nat
ural History. the National Academy Of Design. inc
Union Century and city clubs. The Players the
Scientific Alliance tho Dunlap Society and was the
years
Judc, DAILY was 3D. remarkably industrious man.
great lover Of books and fond Of research. ana
he had also travelled extensively lie was the au,
thor Of AN Historical Sketch Of ~" Judicial
Tribunals OF New-York from 1879 % 1876 DAY
Reports The Past History ana lres.nt state or
tries ~ the World and other works lie was
great collector OF books and had library N over
twelve Thousand volumes Throughout DIS career
10 was ftvorite with members ~ tho bar and a.
hy Huntington presented To- the city by them.
If him Alexander Won humboldt Z" Whonl 100 l'fl !
he brought letter ~ Introduction from th'tnler
Ruue.u. then the Dr4-.ian Minister 20 England. |
sion NJ high INTELLIGENCE subjects 81 universal
interest and n th" Judgment Of apparently opposite
directions ~ character among Nh. nations thar IN
habit The ever narrowing Atlantic basin. Add 10 J