The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1914-12-30
HISTORY BUILDERS.
A Clever Young Connecticut Lawyer.
Cwnttsn Expressly for The Washington HcraId.)
BY DIR. L. J. EDWARDS.

A distinguished citizen OF Connecticut.
Lafayette 5. Foster. who would have
been President OF the United States II
Andrew Johnson had died at any time
between 1866 and 1851. because Senator
Foster was president Of the Senate-to
which office the succession at that time
applied-was after his retirement from
the United States Senate a Judge of the
highest trial court OF Connecticut. Judge
Foster was chosen temporary president
OF the Senate in 1865 because he was
deemed without superior in his knOwl-
edge Of parliamentary law. He was
elected Judge of the superior court Of
Connecticut chiefly because Of his great
attachments as a lawyer.
While sitting as judge at A criminal
term of his court held at New Haven.
Judge Foster had one experience which
he afterward described to the district
attorney from New Haven County as
without any parallel. he believed. in the
history Of criminal jurisprudence in the
United States.
The district attorney was man Of dis
tnCtiOn in his day His name was
Eleazer X. Foster, but he was Of no kin
to Judge Foster. He would have been
governor Of Connecticut-fn 1851 had he
not insisted that Il was imperative that
the war governor Of Connecticut Will
lam A. buckingham. should be renomi-
mated and reelected.
The district attorney narrated TO me
the statement made to him by the pre-
siding judge, Lafayette $ Foster. about
the unparalleled incident which had come
under his own observation.
Il 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 just beginning the practice OF law
l myself know all about that incident,
for l tried the case with which II 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. 1 put in all my evidence.
and II seemed as though the Jury would
find the man guilty without leaving the
jury box.
"A young lawyer who had Just been
graduated at the Yale law school was as
signed as counsel to defend this man,
who had no money. 1t was this young
mans first case. When l 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. l thought il
rather audacious for this young lawyer
TO make that motion. but Judge Foster
said that he would hear what the young
man had to say in supporting his mo-
tiOn.
Well. this young fellow produced the
Connecticut statute. which at that time
defined the crime OF arson as setting fire
to building owned by any one not the
or destroyed. Then the young lawyer
went on to say that the prisoner had
lease Of this house which had not eN-
pired when the house was burned. He
claimed that under the common law
lease Of that kind made the man who had
II 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 to say
that nobody was endangered by the FIRE.
since there was no one in the house when
it was burned. and. furthermore. the
house stood half a mile away from any
other dwelling. Therefore. the only Of
Tense which the man committed under
the law was either breach of peace dis
orderly conduct, or malicious mischief,
and these were misdemeanors and not
felonies. The owner of the house could
bring a civil action against this tenant
for damages. but that was ALL
Il observed that Judge Foster began
to take keen interest in this argument.
When It was ended he said that he would
make a decision on the following day.
and that struck me as rather ominous.
He did decide in favor of the young
mans motion and for the reasons set
forth in his argument I congratulated
the young lawyer and I asked him who
among the older members of the bar
gave him that hint. He said that no one
did, but that while he was a student at
the law school he became interested in
the exposition of the crime OF arson.
When he was assigned as counsel for
this prisoner. that study was brought to
his mind, and he decided that this man
had not committed arson in accordance
with the statutes. The case lead to &C
ton by the Connecticut legislature, by
which the arson laws were amended so
as to include a case of this kind. / am
frank to say that / don't believe there
Is one Of the older members of our bar
who would have thought of this. and I
wish every young lawyer Just beginning
to practice to know Of this case"
Copyright. 1914 By E. ]. Edwards. All rights re-
served.l
Tomorrow DR.. Edwards will tell OF
THE Generous Act Of a Brave Soldier"