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 The New York Court of Appeals.

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an imperious will and strong passions and People, 46 N. Y. 470, on false pretences to prejudices. I do not think that he had a induce an infraction of law; and Pinnse v. judicial mind, and I think that as a circuit Wood, 49 N. Y. 385, on liability of estate of judge he acted the advocate upon the bench deceased co-surety. For so positive a na too much. He honestly believed and openly ture he had a somewhat singular patience. declared that it was a judge's duty to influ Indeed he was impatient of nothing but ence the verdict of the jury as he thought fraud and wrong. He was conspicuously right. His emphatic expressions, power high-minded, dealt the blows of an athlete, fully urged, and pointed by what has or drove for the goal of justice without much

been called his "spec regard for what might tral forefinger," were be crushed under his all-controlling in the wheels. He was mag nisi prius courts, and nanimous too, and be the result was many ing strong, did not re new trials.1 His ca sent heavy blows. reer as an appellate In manner he was judge was short; and bluff and brusque, but his opinions are gen never discourteous. I erally brief, terse, believe that his some and unadorned, but what austere exterior marked by logical hid a warm and loyal power and directness. heart. He made many He loved principle temporary enemies, rather than precedent, but hosts of life-long and reflected more and devoted friends.1 than he studied. Good In person Judge examples of his writ Peckham was the most ing, reasoning, and re distinguished man of search are to be found his day. He had the in Pixley v. Clark, 35 form of an Apollo, and N. Y. 520, on percola a face like a Spanish tion, and his dissent 1 When I was a law stu in Tyler v. Gardiner, dent, frequenting the State MARTIN GROVER 35 N. Y. 597, on undue Library at Albany, in 1857, influence over a tes Judge Beardsley was en tator; his dissenting opinion in McCord v. gaged in the argument of the famous case of Curtis v. Leavitt. Mr. Peckham drove up with his spank 1 Judge Peckham presided at the trial at Albany ing span, and strode into the library one afternoon, of Gordon for the murder of Thompson. The approached Mr. Beardsley, stood for a moment with weapon used was a rough stick employed in baling visible affection and amusement watching the ven hay. Convinced of his guilt, the judge made a erable man closely poring over his books and un conscious of his presence, and then exclaimed in charge with " horse, foot, and dragoons," and on com ing down from the bench accosted John K. Porter deep, hearty tones, " Come, old friend, throw away with, " Well, John, what did you think of that those books and go and take a trot with me! " The old charge?" Porter replied, " Rufus, I think you have man relinquished his studies with a sigh, and went as effectually killed Gordon as he killed poor Thomp off leaning on the arm of his stalwart friend, who son, and with just about as rough a weapon! " supported his feeble steps and guided his feeble sight Gordon was duly convicted and sentenced to be down the aisle with touching tenderness. This scene hanged, got a new trial on account of the charge, was frequently repeated. Whenever I have heard and escaped with the penalty of murder in the sec Judge Peckham criticised as to head or heart, I have recalled it ond degree.