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VOL. IX.

No. i.

BOSTON.

JANUARY, 1897.

A QUINTETTE OF LEGAL NESTORS. BY A. OAKEY HALL. THE longevity of judges is as remark able a fact as is the average old age of actors and actresses; but while the lon gevity of the latter has been often re marked and commented upon, when con sidering the irregular hours kept in their profession, the longevity appertaining to the average judicial officer is not widely known even to many members of the legal profes sion. A search, however, in biographical encyclopxdias soon ascertains the truth of the last-named assertion. We have only for a marked instance to regard Justice Stephen J. Field, now an octogenarian, and who on the eve of his fourscore penned his masterly, if subtle, opinion in the income tax case. Or to regard at least three of the highest justices of England now on its bench who are entitled on request to retire on account of old age. New Yorkers recall Chancellor Kent dying at the age of eightyfour, Judge Denio at eighty, and Justice Samuel Nelson at eighty, after he had occu pied the bench successively during a half century. Bostonians can recall Chief-Jus tice Samuel Shaw, who died also aged eighty, and Justice Story, who, after mingling ardu ous judicial duties with incessant toil as a pro lific legal author, lived to within four years of the Biblical span of life. Lawyers calling the roll of Federal Chief Justices will recall Marshall, also dying at the age of eighty — a mystic number that for judicial age, it would seem; and also Taney at eighty-seven years, and would not forget Justice McLean at seventy-six. Louisiana lawyers mention that great civilian Francis Xavier Martin, who died as their Chief Justice at eighty-

four years. English Q.C.'s would refer to Lord Stowell at ninety-four and his brother Eldon at eighty-seven, Mansfield at eighty-eight, Erskine and Thurlow at sev enty-four each, and Brougham at the same age with Stowell : of whom he had written, "His opinions as collected in a volume after his death ought to form part of every class ical library of English eloquence or even of our national history." Readers of the GREEN BAG can doubtless readily estimate further instances of judicial longevity at their various residential localities. Just now at the New York bar move in full physical and mental vigor five mem bers — two of them ex-judges — who are conspicuous for longevity; wherefore I call them in my references to them a quintette of legal Nestors. I might have made a sex tette by including Charles P. Daly had not his life and services been already sketched in the GREEN BAG for November, 1894. These five are Benjamin D. Silliman, Noah Davis, James M. Smith, John Townshend and Albert Mathews. They are not only acting jurisconsults in their chambers, but make appearances at nisi prius and in banco. All of them are above seventy-six years and some are octogenarians. In my younger days I became so accustomed to hear his compeers speak of Ben Silliman that it is difficult for me to differentiate him, now in his green eighties and with his yet magnetic smile and cheery voice, from the great lawyer of middle age who, as a Fed eral District Attorney, daily in court coped with such compeers, now passed away, as John Lott, Grenville Jenks and Henry C.