New-York tribune., 1922-05-24
LID gar vi, Cullen,
Ex-CJ,iief { judge
of Appeals, Dies
Jurist for Generation in
Forefront of Judiciary
I'M STATE Is Victim, or
ApopleNy IN 7G,h Year
Elevated 10 Bench in 80
Hill, s'cMal'c and sulzcr De,
c's'ons Among Notable
Rulings Of His C.arrc.,

Edgar Montgomery Cullca. for nine
years chief Judge of tao Ccuat of An
pe"Is and for a generation u the fore
front Of the Judiciary or this state.
died Of apop.eNy yc ,erlay morning a..
his home Of many years, No..1tl TI-
low street, Brooklyn The .roko winch
proved fatal came upon hm ubaut
three weeks ago. He was never .-r-
r'ed, out IS survived by four sisters.
NE Mlsses Margaret Charlotte and
n.izabeth T., Cullen, Of Brooklyn. and
Washington, d. c.. and Caroline, Count
css de Nallc, of Madrid, Spain His
iunrral w'Il be held on Friday after
noon at O'Clock, at Holy Trinity Prot
cstant Episcopal Church. clinton and
hI'-~~--gue streets, Brooklyn. with which
ne mad long been connected
Judge Cullen was born IN Brookl-u
on December a. l843, the son OF d..
Henry j. and Eliza McCucl CuI,cn;
his father b"ing ono Of the foremost
physicians Of his time in BROOKLYN. and
ms mother a sister Of Alexander Me-
Cue, leader Of the kings County Bor
He was educated a. tho Kindcrhooll
Academy and Columbia College, class
OF go. Thence h" vent to the Rcns-
selacr Polytechnic Institute. to become
a civil enGiucor, but upon the outbreak
of the Civil War dropped his books Cor
sword and rife. He won tho rank Of
colonel Of volunteers and vas bad v
wounded in the fighting before Rich
mond in 1901
He was honorablY retired from tho
army in 1868. resumed his engineering
studies for a time, and then cr'rrcd
tho law office Of his uncle, Alexander
McCuo. In 1867 ne was admitted 10
the bar, and in 1872 ne was an as
sistant district attorney for KINGS
County. In 1875 he was appointed -
the staff Of Govcrror Tidon MS eagi-
neer in chief with tho rank Of briga-
dier general.
Elevated to Bench in 1850
His elevation to The bench came in
1850, when he was elected as Demo
crat to the Supreme Court Of the state
from the I'd judicial District 20
succeed Justice Gilbert. and in 1891
he was reelected as the candidate Of
both parties In Deccmhcr, 1899, Coz
ernor Roosevelt appo.ated his as one
Of the three new JUDGES Of the Court Of
Appeals and in l9Ql he was elected
chief judge Of that court as the UNI
opposed candidate Of botn parties
There he served until retired by lRv
for age in December, 1913. after which
he procticed law as the head o; the
firm of Cullen & Dykman, Of Rrooh-
lvn lie continued TO t1hc an active
interest in public affairs.
Three Of the most notable political
cases in the modern history Of the
state came before Justice Cullen for
judicial action. he tirst Of these was
in 1892, when the 'henchmca Of David
Z. ll'll undertook 70 gain control of
the Legislature. Action was brought
before him for the punishment Of
Storm Emans. Clark Of Dutchess
County, for not properl" transmitting
election returns TO the STAT Board Of
Canvassers. He dismissed the charge.
ruling that Emans had properly trans
mitted the returns but that these had
been improperly "abstracted. Con
vey. the wise call it by Hin and May
nard, a deputy district attorney.
When Maynard sought yindication at
the polls he was buried under am ad-
verse majority Of 100000.
Issued NcNare Injunction
The next year camc the case Of John
y. Mckane, the BOSS Of Gravesend. >"
Mckane and his heelers undertook 10
drive watchers from the polls at Grave
send in order that they might ring IN
"rcpcatcrs' and thus stuff the ballot
box. Justice Cullen issued an iriunc-
ton against McKane as thc result of
which Mckane served term at Sing
Sing.
The third case was the impeachment
trial OF Governor SuIzer, in 1918. the
last year Of Justice Cuilcu's service on
the bench
Justice Cullen never would consent
TO run for u DOl;tical DfficO tho,icrI 1,