Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-06-22
LONG IN FAILING HEALTH
NOT UNTIL YESTERDAY, HOWEVER,
WAS THE END IN SIGHT.
Retired From the Bench Last March,
Being Succeeded by Judge w. T..
HOOk-Left u Fortune Esti-
mated at n Quarter of
n Million.

CassiuS G. Foster retired judge of the fed
eral court, died at his home in this city at
6:25 o'clock this evening. Judge Foster 5
health had been failing for a number of
years. His death was the result of COM
plieation of ailments. Not until about noon
did his illness take a serious turn, but after
that he sank rapidly until the end came.
Judge Foster was probably one of the
most widely known jurists in this country.
He served on the federal bench over TWEEN
ty-five years. Many of his opinions on
important cases have been accepted and
are quoted by superior judges. On account
of failing health he was retired on full pay
bv Il special act of congress, and he re-
signed March /, of the present year, Judge
w. C. Hook. of Leavenworth, being ap-
pointed to succeed him.
Judge Foster was born at Webster, Mon
roe county. N. Y. He was admitted to the
bar at Batavia. N. Y, in May. 1859, and
moved to Atchison. Kas., shortly after,
where he entered upon the practice of law.
He soon became one of the prominent citi-
zens of Atchison, and was recognized as
one of the ablest members of the Kansas
bar. He was elected mayor of Atchison,
and also sent to the state senate from that
county.
In March, 1874, General Grant, who was
then serving his second term, appointed
j
court for the district of Kansas. In 1873
Judge Foster married Miss Angie " Lud-
dington, of Lawrence, and on the follow
ing year they moved to Topeka, where they
have since resided, owning handsome res
idence on Harrison and Eleventh streets.
Judge Foster has amassed a fortune of
S2J0,OO0 which he leaves to his wife and
his two daughters. He was economical in
his habits of life and wise in his invest
ments The estate consists largely of gilt
edge rental property.
Last January a bill passed the general
congress retiring Judge Foster on full pay.
In February he took advantage OF Its pro-
visions and rendered his resignation. He
was succeeded by Judge Hook after sharp
contest for the place.
| Judge Foster was perhaps the youngest
| man ever appointed to the federal bench
| When he received his commission from
| President Grant he was barely 81 years
| old. George Sharritt, the efficient clerk
| of Judge Fosters court, who has himself
been an attache of the department foI
twenty-five years, says his earleSt recol-
| lection of Judge Foster was in 1874. when
| he came over from Atchlson to assume
| the duties of his office.
During Judge Fosters term of office many
| famous cases have been tried He has SEN
fenced many men who were afterwards
| executed. He has tried cases which in
volved a money value ranging from $780,
| 100000 in railroad foreclosure suits down tC
| a nominal sum.
1t was Judge Foster who first tried the
| Hillmon case in 1852. The famous case
| which seems destined to go laundering
down the ages unsettled. has been tried by
three judges since Judge Foster took the
| first whirl at it. 1t is worthy OF note that
| the multitude of rulings which he made
| upon the admission of certain evidence
were sustained in the supreme court and
have since been followed by thes trial
| judges.
In the early days of Judge Fosters term
| the trial dockets were very heavy. Inc
| average number of cases ranged from $50 to
| 500. whereas the docket for the last term
| has less than 200 cases.
| In addition to his duties as district judge.
Judge Foster has had to sit very often as
| circuit judge. The federal court which in
cludes Kansas also embraces Arkansas
Missouri, Nebraska, Iowa, Colorado, North
Judge Foster is one of the twelve district
| judges in this circuit. The circuit judges
presiding over this district are: Henry c,
Caldwell, Little Rock, Ark; Walter II.
| Thayer, st. Louis.
The United States district attorneys who
have held Office during Judge Foster s
| twenty-five years of service. in the order OF
| field, George r. Peck, James R. Hallowell
w. C. Perry, ]. W. Ady, w. C. Perry and
the present incumbent, l. E. Lambert;
The United States marshals in their or
der have been as follows: W. S. Tough
Charles H. Miller, Ben Simpson, w. C.
Jones, w. c. Walker, S. F. Neely, and the
present incumbent, w. E. sterne.
| 1t is interesting to note that one of the
most prominent candidates for Judge Fos-
| ter's place, Judge Horton, was admitted 10
| practice in the federal court on the same
| day with him. Both were admitted Novem-
| ber %, 1869. The other two who were
prominently mentioned in connection with
| the pending vacancy, Senator Lucien Baker
and w C. Hook. were admitted June 2,
| 1873, and June 4, 1879, respectively.