The Washington herald., 1907-03-24
Able Irish Jurist Presiding
Over Famous Case.
LEARNED IN CRIMINAL Law
FItzgeraId's Fine Record at
Bench and Bar-Hls Decisions Are
seldom Reversed-Large Latitude
Allowed Thasv's Counsel and Great
Patience shown with jerome.

responsibility, says the Boston transcript.
He has had little 10 aid him but his own
determination and ability and he has
throughout preserved a reputation for IN
dependence and uprlghtness.
He was born in ireland in 1851. but came
to this country at very early age. Here
he was educated at the public schools
and the De la Sale Institute of She city
of New York. Many Of his rank in life
would have been satisfied with what
learning lie could gather at these institu-
tions, bur he pressed on and attended the
classes at Cooper Union. There he was
noted for his oratorical powers. At a de-
batting society in connection with the
Union he was very prominent, and was
popular speaker at the public debates
which used 20 be held there thirty years
ago.
Justice Fitzgerald studied law IN the Co
lumbia Law School, but 1t seemed at first
that he was likely 10 use his legal train
ing for political rather than forensic life.
A Democrat by virtue Of his birth. he was
sent 10 Albany TO the assembly in 1870
and TO the senate for the term OF lsS2-S3.
But even as a young man, when the ties
of party must have had "A most powerful
influence over him. he showed that he
could think and act for himself. He served
upon the judiciary and insurance commit
tees and was a strong supporter Of the
measure which abolished the contract
labor system In the State prison. In this
he was impeiied by his belief that the in
terests of the poorer class of citizens were
affected prejudicially by the competition
Of convict labor. and that not only would
the lot of the prisoners be improved. but
the community at large would be bene-
flied He was also responsible for the
establishment OF the State labor bureau,
which collects and publishes statistics
with regard 10 the Industrial conditions Of
New York
Able Trial Lawyer.
However. political life did not claim
Mr.. Fitzgerald for long. In 1854 he be
came one Of the deputy assistant district
attorneys for the county Of New York,
and he served In that Office for several
years. It was there he gained the knOwl-
edge he possesses of the criminal law Of
the State Of New York. and in several in
stances during the Thaw trial Dir. Jerome
has been able TO cite cases OF which the
Judge has 6rst-hand knowledge While az
the bar he was noted for the force Of his
addresses TO the jury. and his sense Of
humor and quick wit. added to his famil-
larity with ali the procedure OF the court.
made him an exceptionally able trial
lawyer
In 1883 his opportunity came for pro-
motion 10 the bench. He stood as an in
dependent candidate for a vacancy In
General Sessions and was elected. He
was not then forty years Of age, but he
soon made his mark. As luck would have
II. a number of important cases came his
way very shortly after his election, and
he proved that his selection had been a
wise one. Among those which are re-
membered are the tobacco trust cases
and the trial OF Werner and Barnett, the
railroad ticket forgers.
His promotion to the Supreme Court
bench came almost as matter of course.
He was a sound Democrat in good stand
ing with his party ana possessed judi
ciai record Of which any one could be
proud. He has the reputation OF being
one Of those judges who are seldom re-
yersed. He has made a deep study OF
the criminal law, and Il is hard for any
counsel. however acute. 20 blind him 10
the principles underlying every point
which comes up.
Prompt in His Rulings,
At the same time he is prompt in his
rulings and clear In his opinions. A man
Of real eloquence when the occasion de-
mands, and in his younger days a favorite
orator upon national holidays in his
charges to the juries he understands that
compaetness and perspicuity rather than
long periods are needed. He is in conse-
quence trusted by them. They feel that
they can understand what he has to tell
them and that he understands what they
have to know Moreover. he treats them
with as much consideration as the law
allows, and they realize that he is doing
his best for them.
When the Thaw trial began, in conse-
quence of the immense interest taken in
1t and, the Importance Of securing an alb
solutely impartial decision on the intri-
cate points involved, Justice Fitzgerald
ordered that the jury should be locked up
from the moment they were sworn in
Such a course had not been taken in New
York for some time, and it involved un-
doubted hardship, But after the trial had
been in progress for some time and his
honor had become upon good terms with
the jurors, he decided that It would be
no longer necessary TO resort TO such
stringent measures. He placed them on
their honor TO avoid any form of influence,
and there is no doubt that his trust has
not been misplaced.
IN court the judge has shown the great
est patience in hearing the Thaw ease
The cross-examinatiOn of the defense's
alienists was extremely tedious, and even
kTr Of
Thaw seemed at times to be completely
useless. However, his honor seemed TO
remember that in the peculiar conditions
of the case the people would have no
chance of traversing the main line Of the
defendant by evidence III rebuttal. and
accepted the situation with marvellous pa
tience.
Has Not fiampered Defense.
He mas certainly, however. shown no de-
sire to hamper the counsel for Thaw, and
he has allowed them to object to a very
large part of the rebuttal testimony pro-
dUeed by the district attorney. In par
tieular many lawyers thought that his
honor went very far in refusing to permit
proof that Thaw was aware Of Stanford
Whites practices some time before Evelyn
Nesbit told him she had been the victim of
them herself
Since the defense turns upon the in
sanity of Thaw. brought on by the tale
told him in Paris in 1903. it appears to be
rather unreasonable that A1r Jerome may
not show that Thaw had been accused Of
evil ioings Of the same nature the year
before and that Evelyn Nesbit herself had
at that time told him Of gossip about
Stanford White. BY ruling this out Jus
tiee Fitzgerald deprived Mr.. Jerome of
one of his principal lines Of argument and
distinctly encouraged the defense.
In other matters his honor has held the
balance between the people and Thaw