Evening star., 1907-10-24

John Hayden of Frederick. and Mrs
Gertrude Peck of Cincinnati Ohio also
survive him. His brother, DIR. E. c. Nc
Sherry of Frederick, died few years
ago.
Career of the Chief Judge.
Judge McSherry owed his first position
on the bench to an appointment. A few
days before the election in 1887 Chief
Judge Richie died. ana Gov. Henry Lloyd,
himself now judge, appointed Mr.. Nc
Snerry to succeed him. He was nominated
for the position by the democrats of his
circuit comprising Frederick and Mont
gomery counties, and was elected. He
served as an associate justice of the court
of appeals until January %, 1896, when he
was designated by Gov. Lloyd Lowndes
to be chief judge of the court, to succeed
to the vacancy caused by the death of
Judge John ~. Robinson. This designation
held good until November 8, 1902 when he
was re-designated chief judge by Gov
John Walter Smith.
The term of fifteen years. to which he
was elected. expired in 1902, but under an
act of the legislature he served until the
general erection the following year when
he was renominated by democrats. There
was considerable opposition In his own
party in Frederick county to his re-elec-
ton. and, while he was successful, his ma
jority was not as large as had been ex-
pected. Gov. Warfield designated him as
chief judge. His term of fifteen years
would have extended to 1918
First as an associate and then as chief
judge of the court of appeals, Judge Nc
some Of the most important opinions
handed down by the court. One Of his
most notable decisions in recent years
was that denying that the governors sig
nature was essential to the validity of a
proposed amendment to the Constitution.
Before He Was a Judge.
Before his election to the bench Judge
McSherry enjoyed lucrative and general
practice at the Frederick bar. While a
democrat of a pronounced type, he was
not active in politics. He was overshad-
owed by the late Gen. Victor L. Baugh-
man. The two gentlemen belonged to
opposing factions in their party in the
county. though their friends seldom
claShed.
most prominent cases that came before
the court until he was called to the bench.
AS the counsel of Felix Munshour, who
was tried for the murder of his cousin,
James WetZel, in 1880. Judge McSherry
rose to an eminent standard of ability,
his grasp Of the law and convincing force
and eloquence of language meeting with
the unequivocal admiration Of those who
watched his effort in behalf of the doomed
man. large number of corporation
eieCteO MIN as their COUNSEL. lie was
pointed receiver of Mount ST. Mary's Col
lege.
When called to the bench Judge Nc
Sherry resigned, with his practice. the
numerous positions hef held as counsel of
public and private corporations, but he
remained director in the Citizens Nation
al Bank, and continued to take deep in
terest in the progress of his native city
and its institutions. When he was pre-
vailed upon to accept the judgeship as a
position in line with his profession it
was his first candidacy for any office He
was president of the Independent Hose
Company of Frederick for many years.
From the time of his first election un-
I'll he was taken ILL., in January last, he
never missed session of the court of
appeals. and in the distribution of work
after he became chief justice, 1t is said
that he always took for himself the heav-
lest share,