Chapter XXXII: The Bench and Bar (4)

But mere industry is of little avail in the law unless directed by ability. It is a valuable supplement to ability, never a substitute for it. Mr. Esmond has all the qualifications of an able trial lawyer. I once saw him in Kingston pitted against one of the leaders of the Ulster County bar overturn by the sheer force of his ability and address, all the prejudices first formed against his client, the defendant, in the mind of both court and jury, in a case in which the plaintiff, an old man, was seeking the restoration of property turned over by him to his son. I heard Judge Chester say that in the beginning of the trial he thought the plaintiff was right but that as the case proceeded his mind changed. This result was due solely to the splendid defense made by Mr. Esmond in a case which from the start was full of elements of danger and defeat.

Mr. Esmond has always taken a prominent part in the literary life of the community and in the discussion of public topics. His services to the Chautauqua society have been most valuable, while his own addresses upon a large variety of topics have been a distinct contribution to the literature of the subject.

It is fortunate indeed for Mr. Esmond at this time that he has all these resources to fall back upon; else might he have been wholly crushed by the cruel sorrow that came to him and his devoted wile in the recent loss of their only child, Paul Warner Esmond, one of the most precocious, promising and brilliant boys who ever lived. His poems, dealing with the problems of life and death, are as mature, reflective and suggestive as though written by a man of fifty. That such a child of genius should be snatched away when the angel of death leaves untouched so many circles from which one could be better spared, is a mystery that has never ceased to perplex mankind.

Howard Thornton, of Newburgh, _bel-esprit,_ _bon-vivant_ and raconteur, the favorite of society and the delight of dinner tables, is not one whit less a good lawyer because he can smooth away the difficulties of a hostess in entertaining her guests as easily as he can glide over the difficulties of his client's case in court. The best lawyers have always shone in society, from Hamilton to Choate, and Mr. Thornton's social gifts have never interfered with his devotion to his profession. Every morning, year in and year out, the early riser can see Mr. Thornton at seven o'clock wending his way to his office where by ten o'clock he has already accomplished a day's work and is ready to talk with his clients.

Mr. Thornton has always found his chief pleasure in some abstruse question arising out of the law of wills or of real estate. He has been drawn into some very important litigations involving the construction of the transfer tax law and his contentions have been uniformly sustained by the Court of Appeals.

Mr. Thornton's service in the Assembly, of which he was for three years a member, showed his capacity for public affairs. He was chairman of the judiciary committee and took high rank in legislation and politics. But his tastes incline him to the more arduous and less devious duties of his profession in which he has gained the reputation of an honorable, talented and brilliant lawyer.

Russel Headley, of Newburgh, is the son of the eminent historian Joel T. Headley from whom, doubtless, he inherits those literary gifts which account in part for the direction of his energies into the field of legal authorship. But this is not the only reason. It is but justice to him that it should be known that Mr. Headley was interrupted in the very midst of a brilliant career at the bar by the coming on of that most disqualifying of all infirmities for an advocate--deafness. This naturally had the effect of turning Mr. Headley to the labors of authorship for which his inherited tastes and acquired accomplishments so well fitted him. His works upon assignments, witnesses and criminal justice are well known to and widely read by the profession.

Mr. Headley filled the position of district attorney of Orange County for two terms. He especially distinguished himself at this time by his abilities as a trial lawyer.

Mr. Headley accepted in 1902 and still holds a position in the legal division of the State Excise Department at Albany. His research, his faculty for writing sound, able, exhaustive opinions and his knowledge of the law of pleadings make him a most valuable member of the legal staff of that very important branch of the public service, in which questions are constantly arising which could scarcely be expected to come within the purview of an arm of the service devoted to the enforcement of a single law. In this work Mr. Headley is able to reconcile himself to the surrender of those more spectacular triumphs of the court room in which his activities and his ambition once found a more congenial field.

Cornelius L. Waring, of Newburgh, is an authority in the law of municipal corporations. He was for many years the attorney for the city, the interests of which he always most zealously and successfully protected. He has a large general practice including among his clients some wealthy business corporations.

Mr. Waring has had wide experience in the trial of cases. His manner in court is marked by dignity, determination and persistence. He never yields a point on his own side and he never fails to seize upon the weak point in the case of his adversary. His arguments are terse, direct and forceful, always commanding ready and respectful attention.

Elmer E. Roosa, of the Newburgh bar, who was associated with Judge Hirschberg at the time he ascended the bench, succeeded in large part to the prestige of an office which had been established for nearly thirty years. The confidence always reposed in him by Judge Hirschberg is shared by a large body of devoted clients who find in him a safe, discreet and honorable counselor.

Edward J. Collins, of Newburgh, who is associated in practice with Judge Seeger, possesses in a high degree that dignity of bearing and of character which well supports professional attainments of a superior order. He has been honored by his fellow citizens by repeated marks of their confidence. He was for some years president of the common council of the city of Newburgh, a position which brought into prominence his fine qualities of mind and character.

Henry R. Lydecker, of Newburgh, has the most amiable disposition of any lawyer at the bar. If he were more self-assertive his abilities would be more widely appreciated. He showed marked ability in his service four successive winters in the attorney general's office at Albany in the work of reviewing for constitutional and other objections, the bills sent by the Legislature to the Governor. This appointment was made each year and would not have been repeatedly conferred unless the discharge of his important duties had proved to be able and satisfactory.

Mr. Lydecker has recently received, at the instance of Presiding Justice Hirschberg, an appointment upon the clerical force of the Appellate Division--another evidence of the high opinion entertained of him by governors, attorneys general and judges alike.

J. Renwick Thompson, Jr., of Newburgh, is still permitted to write "junior" to a noble and conspicuous senior, who now for more than fifty years has ministered over one of the most important churches and congregations in Newburgh. Mr. Thompson's character and standing wholly contradict the adage about "ministers' sons." In his keeping all the traditions of an honorable lineage are safe, while a large and increasing clientage can testify that in his hands are equally safe all the interests committed to him.

Elwood C. Smith, who has an office in Turner as well as in Newburgh, has advanced rapidly in reputation and standing. His agreeable manners and attractive personality always create a favorable impression sure to be confirmed by future acquaintance with his character and abilities. He enjoys the respect of the community and the confidence of a very considerable clientage.

N. Deyo Belknap, of Newburgh. has shown great talent in all his appearances in court and is a rising aspirant for professional honors. In an action brought by him for the construction of a will he exhibited all the qualities of a mature and experienced practitioner. His success at the bar has been immediate and pronounced.

R. H. Barnett, of Newburgh. has made a specialty of negligence actions. Like his great exemplar, John M. Gardner, he never concedes that he is beaten. He always renews the argument to the court, after being non-suited, so undauntedly that the court often reverses itself and lets the case go to the jury, before which Mr. Barnett meets with unvarying success. A jury always admires pluck and pertinacity and these qualities Mr. Barnett possesses in a marked degree.

Graham Witschief, of Newburgh, would attract attention in any assembly for the intellectual cast of his features, which clearly betoken unusual talent. This impression is at once confirmed when he addresses the court. He so excels in the power of lucid statement that by the time he has informed the court of the nature of the controversy he has already produced the effect of an argument. This faculty of seizing upon the crucial, controlling points of the case, of applying the philosophical rather than the historical method, is one of the rarest among lawyers, who usually narrate the facts in the order in which they occurred, leaving the court to pick out the essential, determining elements from a mass of more or less related matter. This gift Mr. Witschief possesses to a degree so unusual that it constitutes a large factor in the success which he has so rapidly attained. He is a rising advocate, taking his place easily among the leaders of the Orange County bar.

Benjamin McClung, of Newburgh, obtained, early in his practice, a foremost position at the bar of the county. One of his first and most notable victories, which attracted wide attention at the time, was won in a proceeding instituted by him in 1892 to require the registry board of the town of Highlands to strike from the register the names of over a hundred soldiers quartered at West Point, who claimed the right to vote in the village of Highland Falls, adjoining the Government reservation. Mr. McClung took the position that the West Point reservation is not a part of the territory of the State of New York; that upon the cession of the territory by the State the general government became invested with exclusive jurisdiction over it and that persons resident within it are not entitled to vote. Mr. McClung, notwithstanding the limited time at his disposal, upon the very eve of an exciting election, made a most exhaustive and convincing argument, collating all the authorities and relying chiefly upon the decision of the United States Supreme Court in Fort Leavenworth Railroad Company vs. Lowe, which involved the character of Government property at Fort Leavenworth. Though he was opposed by such eminent counsel as Judge Hirschberg, Walter C. Anthony and Howard Thornton, his argument was sustained by the court and the law upon the subject was finally established in this State.

His stubborn defense a few years ago of an unpopular client will be long remembered. So strong was the public sentiment against his client and so thoroughly had the court room been surcharged with this sentiment that it was impossible for Mr. McClung to prevent his client's conviction of the offense of receiving stolen property, knowing it to be stolen. But, nothing daunted, Mr. McClung procured a stay of the sentence, reversed the conviction on appeal, and on the second trial cleared his client triumphantly, the court saying that the proof for the prosecution did not make the slightest progress toward fastening guilt upon the defendant. This case affords a striking illustration of the dangers that often surround innocent men in the artificially superheated atmosphere of a court room created by an excited and credulous public opinion eager for a victim. Had it not been for Mr. McClung's steadfast, stalwart and fearless exertions in this case, in the face of much hostile criticism, an absolutely innocent man, as subsequently ascertained by the court, would have been consigned to the ignominy of a term in State prison. Mr. McClung's action in thus stemming the tide of adverse, powerful and malignant influences bent upon crushing and ruining his client cannot be overestimated. It attests his place at the Orange County bar not merely for intellectual ability but for that moral courage which constitutes the very highest attribute, the noblest equipment of the advocate.

That Mr. McClung's manly, independent and intrepid character is understood and admired by the public was strikingly shown in the fall of 1907 by his election to the office of mayor of the city of Newburgh by a majority of over five hundred votes, overcoming an adverse majority of about five hundred usually cast in that city against the candidate of his party. The people evidently believed that Mr. McClung is imbued with the idea that a municipal corporation is, in its last analysis, simply a business corporation in which each taxpayer is a stockholder, the aldermen its directors and the mayor its business manager.

Mr. McClung has already shown that this confidence in his character and aims is well founded. He may be relied upon to give the people a purely business administration unfettered by political obligations and uninfluenced by the desire to build up a personal machine or to reward a band of hungry parasites.

Henry Kohl, of Newburgh, now the partner of Mr. McClung, is also a fighter. His tastes and his sympathies incline him to espouse the weaker cause, and he is often assigned by the court to defend those who are unable to employ counsel. I remember a notable case in which he was thus assigned arising out of the killing of a motorman by the alleged criminal negligence of another motorman in causing a collision. The indictment was for manslaughter and the trolley company refused to give any assistance to the accused motorman, who languished several months in the county jail while his case was being tossed back and forth between the supreme and county courts. Mr. Kohl took hold of the case and so stoutly convinced several jurors that the fault was that of the company in not providing the motorman with proper appliances that a disagreement was secured and the motorman discharged on his own recognizance. This illustrates the quality of Mr. Kohl's work--earnest, strong, enthusiastic, courageous, loyal. Nothing dismays him. The more able and astute his opponent, the better he is satisfied, since it proportionately increases his credit in beating him, as he always expects to do, and frequently does.

Mr. Kohl is a verdict getter. His recent success in getting a verdict for $9,000 in a negligence case was a gratifying one, while he also recently secured a favorable settlement in a case against the city growing out of the fall of a tree in a high wind, causing the death of a young lady. The lawyers who start in to try a case against Henry Kohl know that in him they will find an opponent equipped at every point and with every art to sway a jury and to save his client. He has forged his way ahead until now he is in the front rank of Orange County's trial lawyers.

J. Bradley Scott, of Newburgh, is the son of that noble lawyer. David A. Scott, whose precious legacy of an honorable name is guarded well by the son, who came to the bar several years after his father's death. He has developed far more fondness for the trial of cases than his father had and has already achieved a distinct standing as a trial lawyer. His recent success before the appellate courts, in the case involving the right of a soda water establishment to refuse to furnish soda water upon request to a colored person, has attracted great attention. The case involves grave questions and far-reaching consequences. Mr. Scott's broad, powerful and convincing argument in it shows that he inherits not only the good name but also the fine intellectual, discriminating qualities of his distinguished father.

George H. Decker, of Middletown, is the dean of its trial lawyers. He is the one first asked upon every public occasion to voice its spirit, or its purpose, filling in this respect the part so often taken by Mr. Winfield, who was, by the way, until his death, always one of Mr. Decker's warmest friends and admirers.

Possessed of a highly sensitive, responsive nature, a poetic, imaginative temperament, an exquisitely nervous organization, his fibre is almost too fine for the buffetings and shocks of the court room. While his brilliant mind, his legal attainments and his oratorical powers have always been exhibited in the court room to great advantage and with marked success, yet he has often declined conflicts in which, if he had entered upon them, not he, but his opponent, would have had occasion to regret it. Mr. Decker has always placed a far more modest estimate upon his own abilities than he should have done, and a far lower estimate than that of the public, by which he is unreservedly admired and respected.

Mr. Decker's gifts as a public speaker, his scholarly tastes and his literary attainments are never shown to greater advantage than upon the lecture platform, from which he has often instructed and delighted a cultured audience. His recent series of brilliant lectures upon Edgar Allan Poe will be long remembered.

Soon after Mr. Decker's admission to the bar in 1870 he formed a partnership, under the name of McQuoid & Decker, with Henry M. McQuoid, who died a few years later. Mr. McQuoid's portrait hangs in Mr. Decker's office, but there is little else to remind us now of one who once occupied a large place in the interest and attention of the public. Mr. McQuoid was distinguished for bold, dashing, sparkling qualities as a trial lawyer. Soon after Judge Groo moved from Monticello to Middletown in 1866 he and Mr. McQuoid were opposed to each other in a trial in which Mr. McQuoid disputed all of Judge Groo's legal propositions with the prefatory remark, "That may be good law in Sullivan County but it won't go in Orange County." After Judge Groo had stood this as long as he thought he ought to, he remarked, "I want you to understand that there are just as good lawyers in Sullivan County as in Orange County." "Oh, yes," said McQuoid, "I know that, but they all stay there."

Judge Groo himself enjoyed the sally and was himself very quick at a retort. Once upon a trial in Goshen in which he was opposed by Judge George W. Greene, who at one time occupied a prominent place at the Orange County bar, subsequently living in New York, where he died, Judge Greene asked the jurors the usual question, whether any of them had ever done any business with Judge Groo, saying that if so he would excuse them, whereupon Judge Groo said. "Are there any gentlemen in the box who have ever done any business with Judge Greene; if so I would like to have them remain."

Mr. McQuoid had a wonderful memory. He could entertain his friends by the hour repeating passages from famous orations or works of poetry. His memory treasured even a fugitive poem read once in a newspaper. I recall an instance of this. One day when I was driving back with him in a buggy from Circleville, where we had tried a case against each other it was the local custom for the lawyers to drive out together for their justice's court trials, he repeated to me a poem he had seen in a newspaper written by Prime, the well known Eastern traveler, in memory of a young girl, Claude Brownrigg, who had died soon after he had told her of his travels in Palestine, as they walked the beach one night in the moonlight. I told Mr. McQuoid I would like a copy of it. So as soon as he got back to Middletown he wrote it off for me. I have preserved it these thirty years and more. Here are some of the lines:

"All this I wished as on the beach
Beside the sea I walked,
And to a young and white-robed girl,
As thus I wished I talked.
Talked of far travel, wanderings long,
And scenes in many lands,
And all the while the golden path
Led eastward from the sands.

"And she has crossed the shining path,
The path where moonbeams quiver,
And she is in Jerusalem,
Forever, yes, forever."

That lines like these should be repeated by him in coming back from a commonplace suit in justice's court shows how thirty-five years ago lawyers thought and talked of something besides law and politics, money and stock markets.

The name of the McQuoids should not be permitted to fade from the memory of the passing generation. His brother, Charles C. McQuoid, who died in 1866, attained even greater prominence at the bar. He enjoyed great personal popularity and his premature death at the age of thirty-six from typhoid fever, contracted at the home of a client, whose will he had been asked to draw, removed from the bar one of its most conspicuous figures. His popularity is shown by his success in defeating judge Gedney for district attorney by a narrow majority in 1859. He served as district attorney until 1862. Being succeeded by Abram S. Cassedy, who in 1865 was succeeded by J. Hallock Drake, another brilliant member of the Orange County bar who practiced in Newburgh for some years but who subsequently settled in New York.

Charles G. Dill, now the Nestor of the Middletown bar, studied law with Charles C. McQuoid, whose memory he holds in deep veneration. Mr. Dill at one time enjoyed the largest practice in Middletown. It is only lately that he has relaxed his devotion to business, now spending several months each year in Florida, where he has extensive interests.

Mr. Dill is the very soul of honor and integrity in all the relations of life. The kindness of his heart is often obscured by the brusqueness of his manner which sometimes gives strangers a wholly erroneous impression of a disposition singularly generous, open and buoyant. He is the precise opposite of the type represented by the traditional cow that gives a good pail of milk and then kicks it over. Mr. Dill kicks over the pail first and then proceeds to fill it with the milk of human kindness. He generally explains at the beginning how impossible it is for him to do anything for you and ends by doing more for you than you asked or expected.

Mr. Dill's miscellaneous library is the best in Orange County. He is a born, inveterate, irreclaimable bibliophile. A week that passes by without his buying some old, rare or scarce volume is to him a failure. The question of price is never considered. If he wants it he gets it and that is all there is of it. He has built several additions to his home to accommodate his treasures, but they constantly overtax its capacity. They overflow and regurgitate in a confusion that drives to despair the order fiend and the dust hunter.

Rosslyn M. Cox, who was for many years the partner of Mr. Dill and who recently has entered into partnership with Mr. Watts, is one of the most successful lawyers in Middletown. He is an expert in accountings before the surrogate and before the bankruptcy courts, but he is equally at home in a trial or in an argument before the court. The esteem in which he is held is shown by his nomination in 1906 for the office of county judge.

Associated with Mr. Cox is Elmer N. Oakes, whose abilities in the preparation of a case for trial are unique and remarkable. He is a natural mechanic, understanding with ease the most difficult adjustments, functions and forms of complicated machinery. The knowledge displayed by him in respect to the construction and operation of a locomotive boiler was an important element in the success of several actions growing out of an explosion.

After preparing the case for trial Mr. Oakes is entirely competent to try it. He has often examined and cross examined the witnesses but distrusts his own powers when it comes to summing up the case to the jury. When his modesty shall be replaced by greater assurance he will be better known for his really solid attainments and fine abilities.

Abram F. Servin will probably never overcome his timidity at the sound of his own voice in the presence of a jury, though he can furnish enough law to other lawyers to keep them busy expounding it to the courts. He has argued and won cases in the Court of Appeals but his chief victories are carried off by other lawyers who argue from the learned and exhaustive briefs prepared by him. He is an expert in the preparation of a brief for the appellate courts. He can take the printed record of a case of which he never heard and construct from it a perfectly convincing brief upon either side.

Allen W. Corwin, who occupies the position of recorder of Middletown, has displayed in the performance of his duties firmness tempered by forbearance, judgment informed by conscience, justice controlled by wisdom. His broad and humane policy in dealing with minor offenses, united to his stern and rigid enforcement of the law in serious cases, largely accounts for the almost entire freedom of Middletown from crimes of pillage and violence.

Recorder William H. Hyndman, of Newburgh, has also succeeded during the last few years in greatly reducing the number of crimes committed in and about a city which was at one time infested by bold and desperate criminals. A river town is always subject to greater danger, through its opportunities for access and escape, but Recorder Hyndman has earned the gratitude of the public for an administration of the criminal law which has resulted in a marked improvement of the conditions once prevalent in his jurisdiction.

Of course the discouragement of crime rests largely in the vigilance of the district attorney of the county. Thomas C. Rogers, of Middletown, the son of William H. Rogers, who himself could easily have attained eminence at the bar if he had so chosen, was elected to this office in 1906. He has already shown that in his hands the wise, faithful and efficient enforcement of the criminal law may be confidently depended upon. His previous administration for three years of the office of assistant district attorney was distinguished for unusual ability. He is amply qualified to uphold the traditions of an office always ably filled by such men as Fullerton and Carr, Brown and Hirschberg, Anthony and Headley, Powelson and Seeger.

J. D. Wilson, Jr., of Newburgh, who received the appointment as assistant district attorney, to serve with Mr. Rogers, is well qualified to sustain the burdens of the position, which are necessarily very considerable when it is considered that he is expected to exercise special vigilance in the entire eastern part of the county, including Newburgh itself.

Wickham T. Shaw was one of the most alert assistant district attorneys that Orange County ever had. He served in that capacity under Judge Fullerton from 1868 to 1871, trying many of the cases. His career at the bar of Middletown has afforded many opportunities for the display of his knowledge of the criminal law, gained in that association with one of the foremost lawyers of his time.

Abram V. N. Powelson never satisfied the expectations of his friends until he came to the office of district attorney in 1897, a position which he filled for seven years. They always knew that he had ability and they always regretted that his retention of the office of justice of the peace, for many years, prevented that recognition of his abilities to which they were entitled. But the opportunity to show his solid worth both as a lawyer and as a law officer came with his entrance into a wider field of county administration in which he acquitted himself with credit and distinction.

John F. Bradner, of Middletown, was also at one time closely connected with the administration of the criminal law, having been the recorder of Middletown for many years; a position in which he presided with great dignity over many important and exciting trials. Mr. Bradner is an advocate who enters upon a trial with all the ardor and enthusiasm born of absolute conviction in the justice of his cause, and he never fails to make a strong impression upon a jury.

John L. Wiggins, of Middletown, son-in-law of Judge Groo and brother of Willis H. Wiggins, an eminent member of the Ohio judiciary, is distinguished for the earnestness, energy and enthusiasm with which he espouses every cause committed to him. He is original and resourceful. In an action brought once against his client for a violation of the law in respect of adulterated milk, Mr. Wiggins gravely argued to the jury that in his judgment the law was unconstitutional. As the facts were clearly against his client, the judge did not take the trouble to interrupt him, but was astonished when the jury rendered a verdict in favor of Mr. Wiggins' client, based wholly upon the constitutional argument.

The next day Mr. O'Neill, encouraged by Mr. Wiggins' tactics, entered upon the same line of defense, but Judge Gaynor admonished by the miscarriage of the day before, promptly suppressed it, and Mr. O'Neill's client was convicted.

Alton J. Vail, of Middletown, is a lawyer whose modesty often conceals his merits, which, however, are well known to his clients. Mr. Vail has for many years transacted the business of the Middletown Savings Bank. He is an authority upon titles and upon all questions involving the law of real estate, his opinion upon these and kindred questions having frequently been sustained by the courts. Wide experience, sound judgment, conservative instincts, elevated character, absolute probity and intense loyalty in friendship unite in Alton J. Vail, the able lawyer, the honorable man, the upright citizen.

A. C. N. Thompson, of Middletown, who is in partnership with Mr. Dill, has abundant inspiration in his name. He is the son of John A. Thompson, once a prominent lawyer of Monticello who, on account of his admiration for one of the greatest lawyers of his day named him after Archibald C. Niven.

Mr. Thompson has already shown one quality conspicuous in his distinguished godfather--that of capacity for hard work. His energy and self-denial in preparing himself for the bar while engaged in the exacting duties of another calling, give promise of abundant success in the career now opening before him.

Charles T. Vail, who entered upon a career of high promise at the bar was cut down upon its threshold. No lawyer in Middletown ever had the faculty of winning friends as easily as he. His sunny disposition, affectionate nature and engaging manners won for him a host of admirers, adherents and clients. Undimmed affection in many hearts still sheds a tear over the untimely grave of Charlie Vail.

Dewitt Van Zandt, of the Middletown bar, was the son of that gifted divine, Dr. Van Zandt, so long the beloved pastor of the brick church at Montgomery. Coming to Middletown fresh from college, his sparkling wit and ready repartee endeared him to a large circle of admiring friends. But soon he was overtaken by broken health, which paralyzed his energies and crumbled his ambitions. Through all the experiences of a life that failed to fulfill its early promise, he maintained the instincts, the manners and the bearing of the true gentleman. He never lost the sweetness, serenity and gentleness of his disposition, or the high standard of personal honor inherited from his revered father. Fond meditation still tenderly dwells upon the fadeless memory of DeWitt Van Zandt.

John G. Mills, of the Goshen bar, removed to Washington, where he died in April, 1883. While necessity chained him to the law inclination led him along the flowery paths of literature, his talents and accomplishments brought him into relations with the great and the gifted, one of his dearest friends being Robert G. Ingersoll, who pronounced the oration at his funeral. Mr. Ingersoll said:

"My friends: Again we are face to face with the great mystery that shrouds the world. We question, but there is no reply. Out on the wide waste seas there drifts no spar. Over the desert of death the sphinx gazes forever, but never speaks.

"In the very May of life another heart has ceased to beat. Night has fallen upon noon. But he lived, he loved, he was loved. Wife and children pressed their kisses on his lips. This is enough. The longest life contains no more. This fills the vase of joy.

"He who lies here, clothed with the perfect peace of death, was a kind and loving husband, a good father, a generous neighbor, an honest man,--and these words build a monument of glory above the humblest grave. He was always a child, sincere and frank, as full of hope as spring. He divided all time into to-day and to-morrow. To-morrow was without a cloud and of to-morrow he borrowed sunshine for to-day. He was my friend. He will remain so. The living oft become estranged; the dead are true. . . .

"With him immortality was the eternal consequences of his own acts. He believed that every pure thought, every disinterested deed, hastens the harvest of universal good. This is a religion that enriches poverty; that enables us to bear the sorrows of the saddest life; that peoples even solitude with happy millions yet to live,--a religion born not of selfishness and fear, but of love, of gratitude and hope,--a religion that digs wells to slake the thirst of others, and gladly bears the burdens of the unborn.

"But in the presence of death how beliefs and dogmas wither and decay! How loving words and deeds burst into blossom! Pluck from the tree of any life these flowers, and there remain but the barren thorns of bigotry and creed.

"All wish for happiness beyond this life. All hope to meet again the loved and lost. In every heart there grows this sacred flower. Immortality is a word that Hope through all the ages has been whispering to Love. The miracle of thought we cannot comprehend. The mystery of life and death we cannot comprehend. This chaos called the world has never been explained. The golden bridge of life from gloom emerges and on shadow rests. Beyond this we do not know. Fate is speechless, destiny is dumb, and the secret of the future has never yet been told. We love; we wait; we hope. The more we love, the more we fear. Upon the tenderest heart the deepest shadows fall. All paths, whether filled with thorns or flowers, end here. Here success and failure are the same. The rag of wretchedness and the purple robe of power all difference and distinction lose in the democracy of death. Character survives; goodness lives; love is immortal."

Harrison W. Nanny, of Goshen, had a pathetic career. Possessed of unusual talent and capacity he was handicapped in the practice of his profession by an accident which paralyzed his energies, embittered his solitary life and pressed to his rebellious lips the chalice of mocking irony.

But while he was not resigned he was courageous. Some of the work which he performed in suffering and illness is marked by a high degree of intellectual power. Only his misfortunes prevented his attaining prominence at the bar.

No one has a deeper affection for the memory of Mr. Nanny than his old friend and partner, Charles L. Mead, who now lives in retirement from the activities of his profession at his home in Middletown. Mr. Mead has the unprecedented record of having served three terms in succession as county treasurer--a striking proof of his influence, his popularity and his qualifications for public office. During his entire period of service not one of his political acts was ever questioned and he surrendered the office crowned with the respect and confidence of the public.

Bradford R. Champion, of the Goshen bar, was a contemporary of Winfield and Gedney. While his talents were not brilliant or showy he still possessed those solid, sterling qualities of mind and heart which impart strength and vigor to individual character; which inspire confidence in the community at large; which uphold the very structure of society; which confer blessings upon every relation in life and which bring peace and honor, repose and happiness to their possessor.

The recent death of William H. Wyker removed one who, while not prominent in the trial courts, possessed many endearing traits of character and occupied a large place in the social and civil life of Goshen. He was also in great favor and request as a speaker in political campaigns. He could have taken his place among the trial lawyers of the county, had he so chosen, but, he, too, suffered under the disadvantage of having accepted the office of justice of the peace--that abyss in which talent has so often found its unmarked grave.

The late Benjamin F. Low, of the Middletown bar, was one of the most genial spirits ever drawn into social relations with his fellow-men. He fairly oozed companionship and good fellowship. He was also a good lawyer, coming from a family of which Senator Henry A. Low, his brother, was the most able and conspicuous member.

He had some notable successes at the bar. In the case of Josie Teets against the city of Middletown he obtained a verdict for considerably more than he would have got if it had not been for the mistake of his opponent in the cross-examination of the plaintiff's physician. Dr. William H. Dorrance, who, on the direct, had testified to only moderate injuries to his patient as the result of her being thrown over the dashboard on account of an obstruction in the street. But he became nettled by the cross-examination and when he was finally asked: "Now, doctor, tell me just what is the matter with this young lady," he replied: "Why, Mr. O'Neill, there is not one organ or function of that woman's body that works healthfully or naturally."

This brought up the verdict from $1,000, all that Mr. Low expected to get, to $3,000. It was a lesson to all who heard it as to the danger of giving a hostile witness too good an opening. As a matter of fact, the woman is still living in vigorous health.

Louis S. Sterrit, of Newburgh, who died in April, 1907, left a void in the hearts of a large and intimate circle. He enjoyed an extensive clientage and the confidence of the entire community. He was the attorney of that old, strong and conservative institution, the Newburgh Savings Bank, and of many other institutions and societies. His dignified presence, his affable manners, his substantial worth, his sincerely religious character, his mental poise combined to produce an impression upon the community which the corrosion of time will, with difficulty, efface.

Mr. Sterrit was eminently public-spirited. In 1904 he erected at the entrance of Woodlawn Cemetery, New Windsor, two very fine gates. He also placed in the Union Presbyterian church of Newburgh a tablet in memory of the late Rev. Alexander B. Jack, one of its pastors.

His generosity was unbounded. No client, however poor or humble, ever failed of help or counsel because he lacked a fee.

The death in 1906 of Lewis W. Y. McCroskery, of the Newburgh bar, created a general feeling of sorrow and a distinct sense of personal loss. He had filled many offices which brought him into individual relations with the entire community, and it is safe to assert that he had not a single enemy. His appointment as postmaster by President Cleveland was filled with credit to himself and usefulness to the public service. His professional career was interrupted by this service, but when he resumed his practice at the expiration of his term his clients gathered about him again, for they and the bar alike always appreciated deeply his amiable disposition, his spotless character, his solid ability.

Joseph M. Leeper, of the Newburgh bar, also passed away in 1906. A veteran of the Civil War his health did not permit him to engage in active practice, but he took an honorable pride in his membership of a profession which he never did one act to discredit.

The mention of Mr. Leeper suggests the name of one who should not be suffered to fall into oblivion, for it was one of the strongest passions of his own life to perpetuate the memory of the leaders of the Orange County bar, by which he was especially deputed to prepare and publish the memorial to Mr. Winfield. No one will dissent from a passing tribute to the generous instincts and throbbing heart of John K. Goldsmith.

Henry W. Chadeayne, elected in 1906 supervisor of the town of Cornwall, but practicing in Newburgh, stands out as one of the few men who always says what he thinks. You can always tell where to find him, and that is just where he says he is. You do not have to go to any one else to learn where he stands. Just ask him and you will know. He has no patience with trimmers and time-servers. He always takes the most straight road possible to any given end.

This rugged intellectual honesty constitutes a positive force and a sterling asset. The public service and the legal profession have no purer representative than Henry W. Chadeayne.

Among the members of the Newburgh bar who have risen rapidly to prominence is James G. Graham, the son of the gifted lawyer already referred to, whose full name he bears. Mr. Graham, after four years' experience in public affairs at Albany, in the executive chamber, accepted the office of deputy attorney-general, which he held two years. This position, which has always been a most exacting one, involving the trial and argument of cases of great magnitude, was filled by Mr. Graham with marked ability and to the entire satisfaction of the public. It was during his incumbency of this position that Mr. Graham was chiefly instrumental in bringing about the creation of the new ninth judicial district--a service for which the Orange County bar can never be sufficiently grateful to him. It is to his untiring and influential exertions that we are chiefly indebted for the creation of a natural, homogeneous judicial district, free from the blight and incubus of Kings County--a district in which the accession to the bench of Judges Mills, Tompkins and Morschauser insures the preservation of those standards of judicial dignity, decorum, deliberation and, above all, consideration for the rights and feelings of the bar, which have been so nobly maintained by their distinguished colleague, Judge Keogh.

The Newburgh bar has many members of varying degrees of prominence and experience, including the venerable Jesse F. Shafer, who was born in 1828; Samuel E. Dimmick, who comes from a family of able lawyers; Seward U. Round, who worthily bears the famous name bestowed upon him at the time his father was principal of the Seward Institute at Florida; Caleb H. Baumes, who is idolized by his brethren of the Odd Fellows; Peter Cantline, aggressive, ambitious and rising, destined to take his place among the foremost members of the Orange County bar; James M. H. Wallace, earnest, forcible, unflinching, indefatigable and intellectual; Charles W. U. Sneed, modest, interesting and well informed; David C. Scott, patient, devoted and industrious; Leroy Dickerson, engaging and efficient; John B. Corwin, the fit successor of Louis S. Sterrit as attorney for the Newburgh Savings Bank and, like him, retiring and reserved until the occasion calls for action, when he is eloquent, convincing and powerful; Frank W. Tompkins, popular and respected; George W. May, refined and gentlemanly; Martin G. Mould, courteous and affable; W. J. Wygant, unassuming and competent; Reeve Ketcham, faithful and energetic; Reuben H. Hilton, U. S. Collector of the Port of Newburgh; Russell S. Coutant, accomplished and scholarly; Nehemiah Fowler, solid and dignified; A. D. and A. W. Lent, father and son, educated, amiable and conscientious.

The Walden bar is adorned by the ardent, impulsive, enthusiastic, brilliant A. S. Embler; by the earnest, thoughtful, learned Irving H. Loughran; by the bustling, energetic, ambitious Anson J. Fowler, and by the fine natural abilities of Caleb B. Birch, Jr.

Joseph M. Wilkin, of the Montgomery bar, bears an honored name--that of his father, who for several years occupied a prominent position at the bar of Tennessee, returning to Orange County at the opening of the war on account of his pronounced Union sentiments. He was the brother of Judge John G. Wilkin, already referred to, and the two had many traits of character in common derived from their sterling ancestry. It is not strange that the younger Joseph M. Wilkin should exhibit in his present administration of the duties of special surrogate the qualities which have always distinguished the members of his famous and honorable family.

The bar of Montgomery is also strengthened by the high character and unquestioned capacity of William L. Dickerson. But Montgomery has ceased to be the center of legal interest which it was in the days when Edward Van Orsdall organized a suit there at least once a week and where he and that once well known member of the Goshen bar, George W. Millspaugh, frequently tried out the issues before a jury packed to beat one or the other.

The Middletown bar includes, among its well known members, Henry T. Crist, whose personal popularity led to his election as coroner; Russell M. Vernon, who has acquired a large practice in the Surrogate's Court; Howard M. Starr, who is performing the duties of justice of the peace; John Bright, whose alertness, readiness and general information predestines him to an active career; Jeremiah E. Barnes, who served most acceptably for several years as the recorder of the city of Middletown; and Charles C. Elston, who has manfully overcome many difficulties in establishing and maintaining his position at the bar.

The Goshen bar includes among its honored members Charles W. Coleman, who notwithstanding that he is a martyr to ill health and is compelled to spend the winters in Florida, retains the confidence and business of a host of personal friends; also William D. Mills, who has learning enough to equip a dozen lawyers for successful practice.

Louis Bedell, of the Goshen bar, secured at Albany in the Assembly a more powerful personal influence than any member from his district ever enjoyed, with the exception of his former partner, George W. Greene. This was, of course, partly due to the wisdom of the electors in keeping him there. But Mr. Bedell's many qualifications for success in public life accounted in a large degree for the extent of his influence. A lawyer is always needed in either the Assembly or the Senate and no amount of good fellowship or general intelligence can make up for the lack of legal training and experience.

Joseph Merritt, of Goshen, whose diffidence prevents his coming into prominence before the public is, however, unable to conceal from his professional brethren his very superior legal attainments. He is a lawyer of the very first rank. His opinion is respected and followed in many instances in which the court is unaware that it is he who has guided it to a correct conclusion.

Philip A. Rorty, of the Goshen bar, has gone rapidly to the front. The wide experience gained by him in the extensive business established by the firm of Bacon & Merritt, in which he is a partner, has been used by him to great advantage. He is entrusted with the preparation of important cases, in the trial of which also he takes a considerable and highly creditable part. He is an expert in railroad law and in the law of negligence.

T. Floyd Halstead, of Goshen, is the son of one of the most warmhearted, noble, honorable men who ever lived--the late John R. Halstead of Unionville. If he will but emulate in private and professional life the virtues of his most estimable father he will be sure to continue and confirm the success which has already in a large measure attended upon him.

J. V. D. Benedict, of Warwick, represented his district in the Assembly in the year 1877. His suavity of manner and moderation of speech are the sincere reflection of a kind, generous and affectionate nature.

His interest in various pursuits has interfered with the singleness of his devotion to the law, but his opinion upon difficult questions has often been sought and followed with the most satisfactory results to himself and to his clients.

Clifford S. Beattie, of Warwick, who is associated in business with his father, Judge Beattie, settled in his old home after a most valuable and enlightening experience as one of the legal staff of the Metropolitan Railway system in New York. He possesses an individuality, an independence and a strength of character which prevent his being overshadowed by the great reputation of his father. But if he did not have these qualities he would not be a Beattie.

Lewis J. Stage, of Warwick, who is associated in business with Mr. Kane, under the name of Kane & Stage, had the good sense to voluntarily resign the office of justice of the peace--that grave of professional ambition; that rock upon which so many a professional career has foundered. Since then he has made strides in reputation and influence.

Mr. Stage has always taken an active part in the educational, philanthropic, historical and religious interests of the community. His sincerity in this is manifest and unquestioned. He is free from all forms of cant and pretense, sham and affectation.

John Miller, of Cornwall-on-Hudson, whose memory goes back to the days of McKissock, is a veritable encyclopedia of the law; a storehouse of principles and authorities; a reservoir of unlimited capacity; a fountain of perennial flow. If he had been as able to apply, discriminate and assimilate as he has been to accumulate stores of knowledge his abilities would undoubtedly have been more widely recognized.

Thomas S. Hulse, of Westtown, has long enjoyed the advantage of being the only lawyer in town. He is often consulted upon the controversies arising in it and his influence is always for peace rather than strife, for settlement rather than litigation. His solid worth of character commands for him universal and unchallenged respect.

Frank R. Gump, of Highland Falls, signalized his entrance into practice at the Orange County Bar by bringing the unusual action of a man against a woman for her breach of promise in refusing to marry him. He has been the attorney for some most important interests involved in actions brought to determine priority of water rights. The ability shown by him in the management of these cases and especially in the examination and cross-examination of the witnesses in several trials has given him a recognized position at the bar of the county.

Frank Lybolt, of Port Jervis, who filled most competently a term of office as special county judge, has tried some cases in the Supreme Court with an intelligence, earnestness and spirit which attracted the attention of his professional brethren.

Wilton Bennet, of Port Jervis, has given special attention to the trial of criminal cases in which his zeal, earnestness, boldness and eloquence have given to him many professional victories and to his clients many occasions for profound and lasting gratitude.

William P. Gregg, of the Port Jervis bar, has, by his straightforward and manly character, impressed himself most favorably upon the community, this ability as a lawyer received deserved recognition in January, 1907, when he was appointed the tax appraiser of Orange County.

Henry B. Fullerton, of Port Jervis, greatly resembles in character and ability his relative, Daniel Fullerton, who, though he did not attain the eminence of his brothers, William and Stephen W. Fullerton, possessed more original gifts and natural eloquence than either of them.

The Port Jervis bar is also enriched by the fine character and sterling abilities of Alfred Marvin and R. Edward Schofield.

William A. Parshall, of Port Jervis, who was at one time associated with Mr. Carr in the protection of the interests of the Erie Railroad Company, has won the respect of the community and of his professional brethren by the high-minded, honorable, sincere and manly course which he has always pursued in every walk of life, private, public and professional.

His splendid vote in the autumn of 1907 for the office of surrogate attests the popular esteem in which he is held.

John B. Swezey, his successful competitor, entered upon the duties of the office of surrogate in January, 1908.