Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1907-12-12
COurt Convened.

SUuTt OOhtCueus
The December term of Court convened
Monday morning with Chief Judge Worth
ington and Associate Judge Aotter on
the bench. After court had been declar-
ed open, memorial services for the late
Judge McSherry were held. The memo
rial prepared by committee OF the Bar
Association of Frederick is as follows:
"The undersigned, committee ap-
pointed at meeting of the Bar of Fred
erick county, held on the 18th day Of
October, 1907, to prepare memorial OF
the late Chief Judge James NcSherry,
beg leave to report as follows:
"James McSherry was born on the
30th day of December, 1912. His father,
Col. James McSherry, was lawyer OF
ability and possessed literary attain
ments of high order. Inheriting the
legal and literary talents and tastes OF
his father, reared in home Of culture,
literally educated at St. Johns Literary
Institute and Mt. St. Mary's College, he
was we'll equipped at the age of nineteen
years to enter upon the study of law, his
chosen profession. After pursuing his
studies for the required time in his faith
er's office and under his tuition, he was
admitted to the Frederick bar on the 9th
day of February, 1864. He rapidly rose
to prominence in his profession. He was
a diligent student and tireless worker.
He prepared his cases with the most
painstaking care and tried them with
tact, skill and energy. His industry and
love for work along the lines of his pro-
fession were marvellous. With strong
physique and splendid memory, he was
able to endure the most constant appica-
tons 81 a student of law and retain
the learning thus obtained, until his mind
became vertable store house of legal
knowledge His mind was naturally an
alytical and he applied legal principles
with nice discrimination.
'"With his superior native powers,
trained and disciplined by the most in
dustrious and intelligent application, he
was in the enjoyment of a well-earned,
large and lucrative practice, when on the
the 1st of November, 1897, he was ap-
pointed by the Governor chief judge of
this circuit and associate judge of the
Court of Appeals to fill the vacancy oc-
casioned by the death of Judge John
Richie. At the general election i'll No
vember, 1887, he was elected, without
opposition, for the full term of fifteen
years and upon the expiration of that
term in 1902, he was appointed by the
Governor to hold until the next general
election in 1903, when he was again elect
for another full term of fifteen years,
but death terminated his earthly and
judicial career on the s3rd day of October
last, and we are here today not only to
mourn our great loss but to do honor to
HIS memory.
"When called from the active practice
at the bar to be the presiding judge of
this court he was we'll equipped for the
high office, and he at once became mod
ell nisi prius Judge. His long experience
as a trial lawyer and his familiarity with
the law made him quick to grasp the
points of the case and ready to decide.
He administered justice with promptness
and impartiality-.and was ever patient
and courteous.
Gas a judge of the Court of Appeals,
he soon took high rank and was recog-
nized as one of the ablest members of
that court. When in January, 1896, the
position of chief judge of the Court of
Appeals was made vacant by the death
of Chief Judge John M. Robinson, Gov.
Lowndes recognized the eminent abilities
of Judge McSherry and on the 26th day
of January, 1896, appointed him chief
Judge of the Court of Appeals of Mary
land. 1t was in the mastery discharge
Of his duties in this high Office that Ills
fame as jurist will chiefly rest. His
hundreds of published opinions in the 81
volumes of the Maryland reports, extend
ing from the 67th to the lO4th, bear I'M
mistakable testimony to his great ability
as a judge. He is universally recognized
as one of the ablest if not the ablest
Judge who ever presided over that great
court.
1.-The venerable VIM. Pinkney Whyte,
the Nestor of the Bar Of Maryland, re-
Gently said of Judge McSherry: In my
opinion, he has left behind him a reputa-
ton for legal learning and sound judg-
ment which has never been surpassed
and, perchance, may never be, either at
the bar or on the bench of Maryland.
1--WE of the Frederick Bar were most
highly honored in having contributed such
a representative to the distinguished list
of chief Judges of our State, an honor OF
which we should ever be proud.
1--WE knew him as he was known by no
other bar of the State. We knew him as
practitioner, genial, kind and true; we
knew him as nisi prius judge, prompt,
patient, and courteous, and we knew him
as fellow member of society, discharg-
ing with fidelity all the duties of good
citizenship and true to all the obligations
of friendship. We mourn his untimely