New-York tribune., 1900-08-26
DEFENCE.
~
THE STERN OLD RECORDER.
SOME CHARACTERISTICS OF FREDERICK
sMYTH-KINDLY TRAITS.

Frederick smyth died while Justice of the
Supreme Court. but It will be for his record the
criminal bench that he will be remembered. Many
who did not know him, but had observed his stern
attitude while sitting in Judgment, believed him alb
solutely heartess. They be convinced of their
mistake by hearing the testimony of dozens OF
young attorneys who have felt his helping hand in
many ways and Of first offence criminals who got
a chance to start life through the 'Old Re-
corders' famous suspended sentence" For the
criminal with past he had mercy. although he
sometimes helped their families after he had SEN
fenced them to prison
Justice James FITZGERALD of the Sunreme Court
was about as intimate with Justice smyth as any
of his associates. They were together on the
bench for five years, and previously both had
served in the old General Sessions Building Jus
tice Fitzgerald said, in speaking of the "oid Re-
corder":
man He had the highest possible sense Of duty.
and, ana acted on II at all times He was very con-
and institutions. He was Industrious hard work
the study Of law He was as S one of Sgs os s sns I
ho POSTS TIA, that ever lived and entertained a great
and one could always count on thoroughly con-
Justice smyth very severe on the bench, and
the number OF capital cases tried and the severe
preston that he was heartiess AS matter m ", of
fact, he was the opposite. His heart was especially
hope of Improvement existed. He had excellent
strated by the number of persons who nave be-
come reputable members of society after having
cases of young mer who were convicted of using
d Their employers s, funds He considered that they
iieity iy az and degradstion Of arrest. and do not
Apple Mary" who has been feature about the
General Sessions Court for years is one of many
poor persons who are mourning the loss of bene-
factor. She attended his funeral and cried as IL
her heart would break during the short service at
the grave Apple Mary" furnished the formal
of luncheon 10 pyhl Ius+
Smyth was addicted. Every noon, when court was
desk When he hurried out Of the copProo ON nlf
recess he was ready for luncheon. He seldom ate
only additional course to his luncheon consisted of
and always used the Strongest and baekest
Havana cigars which the market afforded. He
judge 70 smoke while on the bench lie found q
SeSe Of Cigar and Sodne Il Phs n hs s 0m small
Justice smyth was always In hurry and he
Tbere was woe on the head ~ the covr, cFznisi
who was not ready with his part OF the legal
What W Is all this delay the Judge would ask
IN IN 6S re n tone the when his sk was net ready
ness must be. be attended hI6 to That was the main
He was always severe with lawyers who we're
and hs could not. do 100 much for those tts' who
Attorneys Office was being instrueted in the stum
bling blocks which new often encountered
and this was the report he received concerning Re
He is the incest man in the world, kind and
helpful 20 prosecuting officers who thoroughly
prepared in their cases. but let advise you
never 70 go before him in any case without that
preparation IL you do you'll find yourself In a
hotter place than Is Hades without fan"
Emanuel Friend relates incident In which the
late Justice while Recorder saved him from
tempt OF court and possibly disbarment. In his
eXuberance 10 defend his client he overstepped
not only the bounds OF proprlety. but placed him
Court When his attention had been called 10 the
error ne Immediately apologized. and the old Re-
corder' simply said:
You are young yet. When you grow a little
older you Will Know better I am convinced that
your error was not the fault OF your heart but OF
your head"