Evening journal., 1914-12-29
New News Of Yesterday
A Clever Young Connect
icut Lawyer
BY Holland.

/
A distinguished citizen of Connecticut
Lafayette S. Foster, who would have
been President of the United States if
Andrew johnson had died at any time
hetween 1865 and 1867, because Senator
Foster was President of the Senate-to
which Office the succession at that time
appled-was after his retirement from
the United States Senate Judge of the
highest trial court of Connecticut Judge
Foster was chosen temporary president
of the Senate in lsu5 because he was
deomcd without superior in his knowl-
edge of parliamentary law lie was
elected Judge Of the superior court Of
Connecticut chiefly because of his great
attainments as a lawyer.
While sitting as judge at a criminal
term u his court held at New Haven.
Judge Foster had one experience which
be afterwdrd described to the district
attorney from New Haven county as
without any parallel, he believed. in the
history of criminal jurisprudence i'm the
United States.
The district attorney was a man OF
distinction i'm his day His name WIS
Eleazer X. Foster but he was of no kin
Go Judge Foster He would have been
governor OF Connecticut i'm 1861 had he
not insisted that it was imperative that
the war governor of Connecticut, viii
liam y. buckingham, snould be rcnomi-
mated and reelected.
The district attorney narrated to me
the statement made TO him by the pre-
siding Judge, Lafayette s. Foster about
the unparalleled incident which had
come under his own observation
81 should add to what Judge Foster
said" the district attorney said. that
the incident TO which he referred is one
which should be known to every young
man iust beginning the practice of law.
J myself know all about that incident,
for ! tried the case with which it, was
associated A man was indicted for ar
son. The proof was perfect that he had
set fire to "a house in which he had lived
several years. There was no insurance
upon the house. put in all my evidence
and it seemed as though the jury would
find the man guilty without leaving the
jury hoX
a young lawyer who had Just been
graduated at the lale law school WAS
assigned O counsel TO defend this man.
who had no money. II was this young
mans first case. When | announced that
my case was closed. this young lawyer
moved that the Judge discharge the pris-
oner ON the ground that the crime of ar
SON had not been proved. I thought it
rather aulgrious for this young lawyer
TO make thJt motion. hut Judge Foster
said that hC would hear what The Young
man bad to say in supporting his mo-
ton
"Well, this young fellow produced the
Connecticut statute, which at that time
defined the crime Of arson as setting fire
10 building owned by any one. not the
incendary. whereby his life was i'm dan.
ger or destroyed. Then the Young Law.
yer went ON TO say that the prisoner
had lease of this house which had not
expired when the house was burned. He
claimed that under the common law n
lease of that kind made the man who
had il substantially the owner of the
place. The only thing he could not do
was to give title, but he could sell the
lease Then the young man went ON .o
say that nobody was endangered by the
fire since there was no one in the house
when II was 5urncd. and. furthermore.
the house stood half mile away from
any other dwelling Therefore. the only.
ofiense which the man committed under
the law was either breach of peace. dis
orderly conduct, or malicious mischief
and these were misdcmeanors and not
tclonies The owner of the house could
bring civil action against this tenant
Tor damages. bat that was all.
81 observed that Judge Foster besnn
TO take keen interest in this argument
When II was ended he said that he
would make decision ON the following
day, and that struck me as rather on =
nous. Tie did decide in favor of tie
young mans motion and for the reasons
set forth in his argument. | congratu'at-
cd the young lawyer and | asked him
who among the older members of the
bar gave him that hint. He said thar no
one did. but that while he was a student
at the law school he became intere ,t.
in the exposition Of the crime of arsol.
When he was assigned as counsel fsr
this prisoner. that study was brought
10 his mind, and he decided that this
man had not committed arson in ac-
cordance with the statutes The case ied
TO action 10y the Connecticut legislature
by which the arson laws were amended
so ne 10 include case OF this kind. /
am frank to say taat ] don't beliove
there is one of the older members Of
our bar vino would have thought If
this. and ! wish every young lawyer
inst beginning TO practice to know of
this case
Copyright. 1914, by T. J. Edwards. Sll
rights reseryed).