Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-17

was appointed by President Harrison Unit
ed States attorney for the District of Co
lumbia, in which position he served from
March 3, 1891 until February H. 1893 when,
by the same President, he was appointed an
associate justice of the Supreme Cour. OF
the District of Columbia
Justice Cole, stated. sat as a member
OF the District Supreme Court until April
y. 1901. when he resigned his judicial posi-
ton to again engage in the practice of law.
Upon his resignation from the bench be
secured and held a large and lucrative
clientele Shortly thereafter he formed
copartnershtp with r. Golden Donaldson,
the firm being known as Cole & Donaldson
which existed at the time of his death
Judge Cole for many years past and at
the time of his death was justly among
the foremost of the lawyers of the eastern
bar.
He a Mason, being sir knight of
Columbia Commandery. K. I. He was q
member of the District Bar Association,
Military Order of the Loyal Legion. the
Union Soldiers Alliance. and of the Metro
politan, Cosmos and the Washington Golf
clubs. He entered the Union army August
4. 1872. when he was just twenty-one years
of age, as private. and came out as
captain after serving in every interme-
date grade. He was engaged in forty-three
engagements and numberless skirmishes In
the second and third army corps of the
Army of the Potomac, and was never away
from his regiment single day during this
service He participated in all the battles
from Fredericksburg. December 13. 1862.
to Appomattox, April o. 1865, including the
8.
Gettysburg. and the campaign from the
Wilderness to Appomattox.
Judge Cole, during his career at the bar
of the District. participated as counsel in
the trial of many of the most important
cases. When he was United States attor-
ney for the District he prosecuted Howard
Schneider for the murder of his wife and
brother-in-l law. which was bitterly fought
by al array of accomplished legal talent
for the defendant. but finally resulted in
the conviction which was afterward con-
firmed by the appellate courts. During the
time he was an associate justice he presid
ed al the trials of many important cases
He engaged counsel on one side
or the other of many of the most important
cases tried in this jurisdiction one of the
last being the contest over the validity of
the will of the rate Henry kengla. This
case as explained, was set for trial on
Monday of this week, and 1t was confidently
expected that Judge Cole would participate
In the trial. He was taken i'll Saturday
night after a conference over this case and
upon his illness being announced in court
the case was postponed until Monday next.
Another case of imp rtance in which he
was leading counsel at the time of his
death was the case recently argued in the
Supreme Court of the United States in
TOlving the question of the removal to this
jurisdiction for trial of John a. Benson,
Frederick A Hyde, Schneider and Dimond.
who had been indicted for fraud against the
United States government in the procure
ment of lands in California and Oregon.
His Resignation From the Bench.
1t was learned Monday. April Is, 1901,
that Judge Cole had rendered his resigna-
ton as a member of the Supreme Court of
the District of Columbia, to take effect
February % of that month. When he went
on the local bench February TO- 1893, hav
ing been appointed by President Harrison
Judge Cole fully intended to hold the office
for only four years. But the Illness of his
wife and her desire that he should remain
longer induced him to serve until 1901,
when he concluded to crafty his desire to
return to private practice of the law. I'M
mediately after his resignation he was ap-
pointed special attorney for the United
States in the PotoTac flats case, and served
as the special legal representative of the
government until the final decree was
signed in that famous cause.
Native Of Maine
Judge Cole was a native of Maine hav-
ing been born in Oxford county of that
state At the age of eighteen years he en-
listed In the 18th Maine Volunteers, an in
fantry reg. ment, and served for three
years. He entered the army private.
was made second lieutenant before he was
twenty years of age. and a captain be-
fore he was twenty-one. He left the army
with the latter rank was offered a com
mission in the regular army as first lieuten-
ant, which he declined. He went to Har
ward University, and graduated in law
there. He then went to West Virginia.
where he practiced law for eight years.
While there he was prosecuting attorney
for one of the counties, city solicitor for
Parkersburs, and president of the board of
education. These positions he resigned, and
coming to Washington in 1878 engaged in
the practice. of his profession. March 3.
1891, he was appointed by President Harrf-
son United States district attorney for the
District of Columbia, and is admitted to
have been one of the best attorneys for the
government that ever held the position.
The two cases of most Importance in
which he participated as district attorney
the Rock Creek Park condemnation
case. being associated therein with Mr.. r.
Ross Perry. who was the special attorney
of the United States. and in the Schneider
murder case. His participd ton in these
cases Is believed to have been responsible
for his appointment a member of the
District Supreme Court.
His Record an Enviable One.
AS member of the court Judge Cole was
regarded as having made a most enviable
record. One of the most important cases
over which he presided was that known
as the sugar trust case, in which a num-
Der of men were prosecuted under sections
2t3 and 2C4 of the Revised Statutes of the
United States for refusing to answer ques-
lions put to them by an investigating COM
mittee of the United States Senate. These
men were defended by some of the great
est lawyers in the country and they re-
fused to answer the questions upon the
advice o. their attorneys, who held that
the Supreme Court in the Kilbourn case had
held similar sections invalid When the
hrst of the cases came before Judge Cole
1t was on demurrer. the constitutionality of
the sections being denied by the defendaa ats
Judge Cole, however. held the law to be
constitutional and upon appeal to the
Cctrt of Appeals his position was sustained
as IT was by the United States Supreme
Court later. Judge Cole presided over
many other Important cases. and It is
said that his decisions have particularly
well stood the scrutiny of the Court OF
Appeals and the Supreme Court
Judge Coles departure from the bench
was generally and sincerely regretted by
all save the criminal portion of the com
nunity. whose 9Ssad of appearing before
him. especially %hen guilty of burglary
mas long been matter Of common knowI-
edge He was, however cordially wei
coined by his profession upon his return
to private practice.
NEW SPANISH MINISTER
Representative in Morocco is Trans