Page:The Green Bag (1889–1914), Volume 08.pdf/212

 Nicholas Hill.

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Hill became associated with him. Stephen P. dered, however, by the Supreme Court (3 Nash, Esq., of New York, who was a student Hill, 399). awarding the custody of the in Judge Cowen's office at the time, testifies child to the father. that this period of his life was " one of in While Mr. Hill resided in Saratoga cessant, laborious and faithful industry." Springs, he was, in September, 1836, ap The work itself, although for many years pointed by the Court of General Sessions, District Attorney of Saratoga County, which very frequently cited and much used, espe cially in the State of New York, in the office he held, however, but a few months, accumulation of modern books has gone to resigning it in April, 1837. While still in a great extent out of general use, but it is Saratoga, he was appointed State Reporter, even yet of great practical value, fully and and after the preparation at Saratoga of one thoroughly discussing many branches of the or two volumes of his reports, removed to Albany with Sidney J. Cowen, the son of law coming properly under the head of evi dence, and digesting with great faithfulness Judge Cowen. He held the office of State and accuracy the cas.es both in England and Reporter from 1840 until 1845, when he re in this country, bearing upon the questions signed this office. He issued seven volumes of reports of the decisions of the Court of involved. This work was published in 1839. The ErYors and the Supreme Court. The fol completion of it was interrupted by Mr. lowing remarks of Mr. Nash, at the Bar Hill's professional labors, as he had some meeting to which reference has already been made, contain a just and fair representation years previously opened an office at Sara of Mr. Hill's work in the preparation of these toga, which at that time was quite a center of legal activity, being the home of Judge reports : — Cowen, Chancellor Walworth and Judge "In preparing the cases for the press, he Willard. labored to compress the statements of fact into the smallest space, and removed from In the summer of 1839, Mr. Hill was re tained in the then celebrated case of People the opinions of the judges such details as ex rel. Barry v. Mercein (8 Paige, 47, 3 Hill, his own narrative rendered superfluous. . He 399. '5 Wend. 64, 83). The case involved spent hours in condensing and remodeling the question of the custody of an infant the syllabus or head-note, till it should suc child as between the claims of a father and cinctly, clearly and accurately express the a mother who had separated. Mr. James very point of the decision, and frequently W. Gerard, who was Mr. Hill's opponent in added valuable discussions on kindred topics suggested by the reported case. this case, said at the Bar meeting above re ferred to, that " the zeal, intelligence and "His reports have been very generally legal knowledge which he evinced on that considered as models in every respect. No occasion first brought him into public no copyright price per volume could tempt him tice, and laid the foundation of his future to swell their number, to heap into them fame." He says that "Mr. Hill, represent masses of mere print, or .to do his work ing the father, had thoroughly stored his hurriedly or negligently. They will bear mind with all the book-learning of the com the most rigid scrutiny as specimens of hon mon law of England, and piled his authori est, faithful book-making." ties one upon the other, mountain high, in Judge Cowen's law library was considered, favor of the father's paramount claim to the during his life, one of the largest and best in custody of his child." The decision of the country. It was designed to be com Chancellor Walworth was in favor of the plete in English and American reports, and » mother. A decision was afterwards ren also contained a full line of valuable text