Page:The Green Bag (1889–1914), Volume 03.pdf/452

 The Supreme Court of New Jersey. three terms and retired in 1842, only induced to relinquish an attempt at re-election for a fourth term by his increasing years and the consciousness that a growing deafness would soon render him unable properly to discharge the duties of the office. He died in 1849, at the advanced age of eighty-five years. He was of an unsullied reputation, just and impartial as a judge, patient in investigation,

and sincerely desir ous of performing his whole duty. Charles Ewing suc ceeded Andrew Kirkpatrick as Chief-Jus tice in 1824. Kirkpatrick had rendered himself somewhat ob noxious to some of the lesser lights of the bar, who imag ined that he had be come arbitrary and dictatorial. It is true that he did at times manifest an impa tience at long argu ments, but it is more than probable that counsel had exhausted the case they were supporting long be fore they were called CHARLES to order by the ChiefJustice. It is reported that while a member of the bar, who after ward became an Associate Justice, was arguing some matter before the court, Kirk patrick took his watch from his pocket, looked at it intently for a moment, and then deliber ately turned its face toward the speaker. Long arguments are now prevented by a rule which limits the time of each counsel; but then no such rule existed, and no other method could, perhaps, be so well adopted to stop the deluge of small talk, which must have annoyed a man so capaciously equipped mentally as was Kirkpatrick. The stronger 54

417

members of the bar deprecated the action of the Legislature which refused to reappoint him. No one was more outspoken in de nouncing this action than was Charles Ewing. He was not averse from receiving the appoint ment, but he was unwilling to take the office in the character of an opposing candidate to the late incumbent. Lie objected to any change, even if he himself were to benefit therefrom; and it was only when he ascertained that there was no chance of his predecessor be ing retained that he consented to accept the position. The change, however, re sulted in the concur rence by all parties in the sentiment that there was no fitter successor to Andrew Kirkpatrick than Charles Ewing. His grandfather was distinguished for his bravery at the battle of Boyne-water, where he fought for King William, who rewarded him for his courage and devotion by present EWING ing him with a sword. The son of this friend of King William came to New Jersey in 1718, and settled in Cumberland County, where he married a Miss Boyd, who became the mother of the future Chief-Justice, her only son, who was born in 1780. He graduated from Prince ton College a first-honor man, entered the of fice of Samuel Leake, an eccentric lawyer, and in due course of time was licensed as an attorney and then as a counsellor. Charles Ewing was fully equipped for the performance of his duties as the head of the Supreme Court, and brought to the bench peculiarly fitting qualifications. He had