Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-01

ignation. Then at the earnest solicitation
Of the bar and others interested, he COM
menced the preparation of a code for the
District, and that work, it is stated, was
also a matter which induced him to con-
tinue upon the bench. Justice Cox finished
his code several months ago, and, his
health not being as good as it has been, he
recently decided to close his career on the
bench at the termination of his present
service in Equity Court No. l.
This service is now said to have been con-
ciuded and the statement is therefore made
that Justice Cox has performed his judicial
duties for the last time.
His Career on the Bench.
Justice Cox has been a member of the
District Supreme Court little more than
dent Hayes, and entered upon his duties
March I, 1879. No member of the court
ever earned greater respect, both as a
judge and as a man, and he has always
been regarded not only here, but through
out the country, as one of the most learned
of American judges. He has been as popu-
lar as he has been respected, and his de-
parture from the bench will be long and
sincerely regretted.
Justice Cox has presided in many impor-
tant cases, but the most famous trial over
which he presided is, Ierhaps that of
Charles j. Guiteau, the assassin of Pres
ident Garfield. His conduct of that trial
rot only developed his learning. but
brought his name because of his rulings
therein prominently before the legal world
His ruling, vhen nstructng the jury in the
Guiteau case, that, if the defendant, at the
time of committing the offepse, knew right
from wrong, he was legally responsible for
the act, was not only adopted with ap-
proval by the United States Supreme Court,
but prevails today, it is said, almost with
out exception in the states of this country.
what Judge Cox Himself Says.
Judge Cox was called upon at his resi-
dence on l street by a Star reporter today,
and was asked about the correctness of the
rumor that he intends to resign.
II have not reached a definite decision
yet" Judge Cox replied. II still have un-
der consideration the question of retiring
and will not decide finally before next week
some time"
When asked about his motive for contem-
plating retirement, Judge Cox said that If
he should resign 1t would be because of the
state of his health. He said he has been
in poor health for several months and that
Furthermore he had been on the bench for
twenty-years, and was beginning to feel the
need of a rest.
Judge Cox was at the City Hall for but
short while this morning. There was no
session of Equity Court No. l. in which he
has been the presiding justice for num-
Der of years.
Question of His Successor.
There was a meeting of several of the
prominent members of the District bar yes
terday afternoon, at which the name of Mr..
VIM. F. Mattingy the well-known Wash
ington attorney, as the probable successor
of Justice Cox was presented. 1t is under
stood that Mr. Mattingly will be largely
lndorseG for the vacancy on the bench. 1t
is even stated that arrangements are now
being made for a meeting of committee of
the District bar with the President, at
which time the attorneys will ask the ap-
pointment of District man to the judge
ship. at which the committee will urge the
appointment of Mr.. Mattingly.
Judge Cox was appointed to the bench
from the District, and this will be strong
argument, it is hoped, in favor of the nom
ination of local man to succeed him, The
last appointment to the bench was that of
Justice Clabaugh of Criminal Court No. 1,
the successor of Senator McComas who Is;
a citizen of Maryland
The question of a successor to Judge Cox
in view of the known approach of his re.
tirement, is said to have been under con-
sideration for some time at the White
House. In the appointment of justices to
the Supreme Court of the District the Pres
fdent usually consults with the most emil
| nent attorneys of this bar, particularly
those of the political predictions of the
administration.
other Names Mentioned.
1t has been further stated that Henry E.
/, Davis, the present United States district at
torney, has been under consideration In the
| talk Of a successor to Judge Cox. Mr.. J.
M. Anderson of Ohio has been mentioned
| in the same connection. Mr. Davis Is q
democrat, having been appointed to his
present position by President Cleveland
during the latter's last administration. Mr..
Anderson has a strong political backing.
What the President will do in the matter
| is said to be purely a matter of conjecture
] at this time, as he has not consulted all
of those who will undoubtedly be sum
| moned to the White House before a final
decision is announced
rict Attorney Arthur Rirna,.