The Courts, Judges and Lawyers; Medicine

By Frederick W. Gnichtel

In the early records relating to Trenton there is no reference to courts established here or to any lawyers who were living and practising in these parts until after the passage of the Act of 1676 establishing courts.

The First Lawyer of Record

The first lawyer located in Trenton of whom we find any record is James Gould, who was admitted as counsellor in 1725. As far as can be ascertained, he confined himself largely to the settlement of estates and to real property. We find an advertisement in 1729 for the sale of a house and ferry known as Heath's Ferry on the Delaware River above the Falls, application to be made to James Gould and Francis Bowes, attorneys-at-law.

Another sale of land in which he was mentioned occurred in 1731 near Yardley's Mill. We also find his signature, in connection with Chief Justice Thomas Farmer and the Grand jury, upon an address to George II in 1728. He appears in many of the inventories of estates as a creditor. He died in 1743, without leaving a will, and an administrator was appointed on July 2 of that year. The Francis Bowes referred to in connection with him was admitted as a counsellor in 1731. His address is given variously as Trenton, Christiana Bridge and Philadelphia, where he evidently lived in 1743. He appears only in advertisements in connection with the sale of land. His daughter Esther married Colonel John Cox in 1760.

There were probably others who did legal work, some without license, but from that time on the number of duly licensed lawyers increased. Located at the head of navigation, and on the line of travel between two large and important cities, Trenton grew steadily in population and wealth and lawyers became more and more in demand. We have evidence that in the early days they were prosperous.

Joseph Reed who was admitted in 1763, in a letter written in 1763, after practising three years, states: "There are sixteen courts which I am obliged to attend from home, oftentimes nearly a whole week at each, besides attending assizes, one a year, through the whole Province which contains thirteen counties."

Jasper Smith who was admitted in 1763, referring to the demands upon lawyers, observes that in a few months after his admission he was engaged in as much business as he could attend to, and might have had more if he could have attended more courts. And he, with some pride, states that through his practice he gathered an estate "beyond what my friends and even myself expected."

Demand For Legal Services Increased

With Trenton as the county seat of Hunterdon, and with the establishment of the capital here in 1790, the demand for legal services at the sessions of the higher courts increased and attracted more lawyers. In addition to the business which naturally arose in a growing community, the members of the Bar located here represented lawyers in distant parts of the State and appeared for them before the higher courts.

In the early Colonial days, lawyers were admitted on motion, and an extensive knowledge of law was evidently not considered necessary. Laymen were allowed to practise in the courts and many of the judges and some of the attorneys-general during the Colonial days were selected from the laity.

As time passed the courts became more strict regarding practitioners. A five-year clerkship was required of students, which was shortened to four if the student had been admitted to the degree of bachelor of arts in any college in the United States. The student was required to pass an examination conducted by sergeants at law. Later the examination was held in open court or at the tavern in the presence of the justices. After practising three years, another examination was required to become a counsellor.

In addition, the court appointed by rule of court twelve sergeants "for such purposes as have been heretofore used and approved." These were selected from the counsellors, usually attending at the Bar. At common law, a counsellor had to be of sixteen years' standing before he could be called. The first sergeants at law were appointed in 1755, and the practice continued until 1839 when it was abandoned. During the entire period seventy-seven were called and they were considered the leaders of the Bar. The appointment was regarded as highly honorable and important as only sergeants could pass a common recovery in the Supreme Court. When the common recovery (which was a judgment recovered in a fictitious suit to get rid of estates tails and remainders) was abolished in 1799, the office became largely a matter of distinction and fell more and more into disuse until it was finally abolished.

It is not possible to give an accurate list of all the lawyers who lived in Trenton in the Colonial days or immediately after the Revolution, but the number is quite large in view of the population of the city and the number of houses erected here. Many of the lawyers practised not only here but elsewhere in the State. The record covering the entire State shows that two hundred and fifty-two attorneys were admitted prior to the year 1800, and of this number Trenton, no doubt, had its due proportion.

The most prominent of the early residents connected with the judiciary was William Trent for whom Trenton was named and who was appointed chief justice of the Province in 1724 filling the office with credit until his death. A sketch of his life has been given in detail earlier in this volume (Chapter I).

Trent was succeeded by Colonel Robert Lettis Hooper who was appointed chief justice in 1725, served one year and was again appointed in 1729, continuing in that office until his death in 1739. Hooper was a landowner in Trenton and first appears in public life as a member of the Assembly from 1721 to 1725, and was twice recommended for a seat in the Government Council.

Much confusion has resulted from the fact that three persons named Robert Lettis (Lettice) Hooper appear in the records between 1721 and 1797. They lived sometime in Pennsylvania and sometime in New Jersey. The chief justice was the son of Daniel Hooper who came here from the Barbadoes and was a member of Council in 1679. Robert Uttis Hooper, the first of that name, was married August 16, 1701, and had three children - Robert Lettis, James and Isabella. In 1768 an Isabella Hooper married John Johnston of Perth Amboy, and in 1797 an Isabella Johnston became the sole legatee of the third Robert Lettis Hooper who refers to her as his sister.

General Stryker, in his Trenton One Hundred Years Ago, referring to the country seat known as "Belleville," located about one mile west of Trenton near the junction of State and Prospect Streets, says that "after the Revolution, it passed into the hands of Chief Justice Robert Lettis Hooper."

It is well established that Chief Justice Hooper died in March 1739, and was succeeded by Robert Hunter Morris. The Robert Lettis Hooper who after the Revolution became possessed of "Belleville" was his grandson, the third of that name, who returned to Trenton about that time from his farm near Easton where he resided during the Revolution. The second Robert Lettis Hooper, son of the Chief Justice, died in 1785 at the age of seventy-six and was buried in Episcopal burial ground in Trenton. He was born in 1709 and in 1735 appears in the Archives as a resident of Rocky Hill, N.J. He was interested in mills and lands. He removed from Rocky Hill to Bloomsbury, Trenton, in 1751 and had large land holdings in this vicinity. Shortly after his father's death, he was chosen one of the Council of New Jersey, and in 1740 was appointed to secure enlistments in Somerset County for the war between England and Spain. In June 1751, he was one of the managers of a lottery in Trenton for the purpose of erecting a grammar school. In 1759, he advertised certain properties in Nottingham Township, opposite Trenton, which he stated that he or his sons, Robert Lettis Hooper, Jr., and Jacob Roetter Hooper, living at his mill, would show to purchasers. There is a similar advertisement July 12, 1759. The lots located on the road leading to the grist-mill were to be "60 x 181 for a town in Nottingham Township," and the upper part was called Mill Hill, the lower portion Bloomsbury. He is referred to in Raum's History as "the man who first laid out Mill Hill and Bloomsbury for a town."1

1 Mill Hill is the name formerly applied to that section of the city lying south of the Assunpink, including the Court House, and Bloomsbury was adjacent.

Then for a time the father and the sons are involved in some financial difficulties; there is a dissolution of partnership, and the second Robert Lettis Hooper, in 1759, offers to let and later sell his plantation, Bloomsbury Court, describing it "as a large brick house, which he then occupied, located on the Delaware River, south of the Creek near the Trenton Ferry, on a large handsome Avenue of English Cherry Trees." An orchard of three hundred apple trees with the best grafted fruit is referred to, and "peaches damsels, cherrys of several sorts, quinces, English walnuts, grapes, raspberries and a large handsome garden." As an additional inducement, he refers to the splendid fishing and the ducks and other water-fowl.

The name of the third Robert Lettis Hooper, the judge of Hunterdon County, first appears in the advertisement published by his father in 1759. He subsequently settled in Northampton County, near Easton, and a letter from there dated July 3, 1759, states that he married a widow, Margaret Biles, granddaughter of Thomas Lambert of Nottingham. There is no record of her death, but on October 31, 1781, he took out a license to marry Mrs. Elizabeth Erskine. Her husband had been in charge of the American Ringwood Company of Bergen County, and on July 6, 1782, the New Jersey Legislature passed an Act:

Mrs. Hooper died in 1795, and her husband died on July 30, 1797, in his sixty-seventh year at his residence called "Belleville," near Trenton. He left no children and the residue of his estate went to his sister, Isabella Johnston of Perth Amboy. He was a man of strong character and took an active part in the Revolutionary War as Deputy Quartermaster General, located at Easton and later in Trenton. He was one of the judges of Hunterdon County in 1782, and from 1785 to 1788 was a member of Council and vice-president of that body during the entire term, acting in the capacity of the governor in the absence of that official. He was an honorary member of the Society of the Cincinnati.

After the war and while living at Belleville, he was active in civic matters in Trenton. As an active member, he signed the first constitution of the Union Fire Company and contributed freely to the purchase of the necessary apparatus. He was also the first deputy grand master of the Grand Lodge of the Free and Accepted Masons of New Jersey, and the first senior warden of Trenton Lodge No. 5, which was chartered in 1787, to which, in his will, he presented his silver-hilted sword. In an obituary published in Claypool's Daily Advertiser for August 11, 1797, appears this statement

Another man prominent in public life, who was not a lawyer by profession but who was selected for judicial honors, was Daniel Coxe, II, the son of Dr. Daniel Coxe, I, the physician to Charles II, one of the largest proprietors of West Jersey. He lived at Burlington until the later years of his life when he came to Trenton, and died here. He was appointed an associate justice on November 5, 1707, served for a few years and was again appointed in 1734 and held the position until his death in 1739. He was a public-spirited man and did much in his time and generation toward laying the foundations of our state government and state institutions. In 1730, he was commissioned provincial grand master of New York, New Jersey and Pennsylvania, the first Mason to hold that office in America. Other details of his life have been given in Chapter I.

John Coxe, a son of Daniel Coxe II, was a lawyer admitted at the March term in 1735. He practised in Burlington and frequently appeared in matters relating to Trenton. In 1739 he was executor of his father's estate, and in 1753, William Coxe and Robert Lettis Hooper, as executors of the estate of John Coxe, advertised certain lands in Trenton.

In 1750, he had a violent quarrel with Governor Belcher, and in affidavits laid before the Council he referred to the governor in very uncomplimentary terms. On another occasion, when acting as counsel for Richard Borden, being asked why a certain case pending before the Court of Chancery, over which court the governor presided as chancellor, had not been tried, replied that he could be of no further service to his client in that matter; that he was not a courtier and had no interests at court and that he did not expect any justice at the hands of the governor, and told his client to go tell the governor. He stated that he was determined never again to appear before the governor as chancellor.

Jasper Smith was admitted as an attorney in 1763 and practised for many years in Trenton and vicinity. Although there is no record to show what line of practice he pursued, in his will, in which he dwells at length upon his activities, we find that he did a large business and that he accumulated a very comfortable fortune, as he says, out of the practice of law. He died in August 1813 and left personal property amounting to nearly $17,000 and a large amount of real estate.

His will is a splendid specimen of the old-fashioned will and the manner in which the people of that time approached the testamentary disposition of property. He gives many details of his life, his intense earnestness in dealing with the subject and the quaintness with which he expressed himself makes interesting reading. The first page or two of the will is practically a synopsis of his life and gives the reasons which actuated him in disposing of his property.

Notwithstanding the evident care he gave to the disposition of his estate, long after his death, in 1845, his will was brought into the Supreme Court in litigation. The trustees of the church at Lawrenceville had been enjoined by the will, under pain of forfeiture, from cutting or selling timber within thirty years after obtaining possession, and it was charged by the heirs at law that there had been a breach of this condition. The court decided against the claim, and referring to the motives that actuated him in making the will, says:

Richard Howell was born in Delaware and came to this State in 1774. He settled at Bridgeton, N.J., was admitted to the Bar at the April term, 1779, and after a distinguished career in the army removed to Trenton upon his appointment as clerk of the Supreme Court in 1788. After his election as governor in 1793 he lived for a time on State Street. During his term as governor, he became an active member of the Hand In Hand Fire Company. He took a prominent part in the reception tendered to George Washington upon his passing through Trenton on his journey to New York to be inaugurated as President. He was the only governor who ever appeared in the field as Commander-in-Chief of the army. This occurred during the whiskey insurrection in Pennsylvania in 1794, when troops were called for by President Washington. He died in Trenton, May 5, 1805. Mrs. Jefferson Davis was his granddaughter.

William Pidgeon was admitted to the Bar in 1750 and lived on King Street. He was married October 6, 1758, to Sarah Hoopes. At the time of the Battle of Trenton his home was occupied by the Hessians. There are no references as to his activities in his profession but he was evidently a man of standing and importance in the community. His name frequently appears in connection with the settlement of estates and with lotteries held for the benefit of churches. He was related to the Cottnam family, and Abraham Cottnam, also a lawyer, in his will desired and entreated his friend, William Pidgeon, to assist his executors by his advice.

In 1768 and again in 1776, he advertised his properties in Trenton for sale. His house is described as a two-story brick house with chambers for servants, stable, garden and a small piece of meadow land with a well of good water, situated on King Street, at a spot which corresponds to the second property south of East Hanover Street on the east side of the present Warren Street. The lot contained three-quarters of an acre and extended through to Queen (Broad) Street "on which are placed the stables." Later he removed to Stratford, Monmouth County, where he died on January 5, 1780. By his will he left fifty pounds to the Methodist Society of Trenton for the repair of their meeting house and put three thousand pounds at the discretionary disposal of his executors for charitable purposes and "for the relief of my Negroes as they may merit it." In signing his will he made his mark and a note appended said "the within named William Pidgeon was so burned by getting out of his house when on fire that he could not hold a pen to write his name, but made a mark as above, and escaped in his shirt." Two children, two men servants and a hired man were burned to death at the same time. He lived in Trenton for many years and was one of the trustees of the First Presbyterian Church. He was executor under the will of Daniel Coxe and entrusted with many important public duties.

Ebenezer Cowell, the elder, was born December 7, 1716, and died May 4, 1799. He was a brother of David Cowell, the first pastor of the Presbyterian Church. Ebenezer Cowell, the son, was born in 1743, and having graduated from Princeton, studied law and was admitted to the Bar in 1769. He practised law in Trenton and lived with his brother Dr. David Cowell, a bachelor, and an eminent physician and surgeon, in the first house on the southerly side of Pennington Road. During the Revolution, he and his father, who was a gunsmith, rendered valuable services to the American army in seeing to the repair of guns, etc., and advancing considerable sums out of their private funds to help the cause.

On July 17, 1776, Ebenezer Cowell appeared before the Council of Safety and complained that Sheriff Barnes had refused to receive and execute two writs issued under the authority of the people pursuant to the ordinance of the convention. The sheriff was sent for and admitted that he declined to act as sheriff under the authority of the new government and was removed from office and a new sheriff was appointed. On September 7, 1776, Cowell became clerk of Hunterdon County. He died in 1817 and the notice of his death published in the Trenton Federalist of February 17, 1817, states:

The winter of 1817 was unusually severe, the reports being that the thermometer was far below the "cypher." He had never married and, after his death, it was found that his entire estate amounted to seventy-nine dollars and twenty cents, of which seventy dollars was represented by the value of his books.

On the south side of Pennington Road, a short distance above Calhoun Street, lived Abraham Cottnam, one of the leading lawyers of Trenton before the Revolutionary War. In the latter part of his life, he removed to what is now the northwest corner of Warren and Bank Streets and, after his death, the property was turned into an inn by Rensselaer Williams. His sons remained in the old house until 1779 when it was sold to Chief Justice Brearley who had married their sister. Abraham Cottnam was admitted to the Bar as counsellor at the November term, 1746. There is, however, no record of his admission as an attorney. He was also a magistrate. He married a daughter of Joseph Warrell, the attorney-general. In April 1778 his executors (Robert Hoops, his son-in-law, and George Cottnam, his son) advertised for the recovery of his docket taken from the office of Ebenezer Cowell when the enemy was in Trenton. They also offered for sale his late residence, "Dowd's Dale," which was located at the corner of Bank and Warren Streets and consisted of about sixteen acres. Petty's Run ran through the property. It was afterwards turned into a tavern and called the Royal Oak. In his will, Cottnam made the Hon. Daniel Coxe his executor and desired and entreated his friend, William Pidgeon, Esq., to assist his executor with his advice. His son, George Cottnam, who lived with him, was admitted as an attorney at the May term 1780. To his son, Warrell Cottnam, he gave all his law :books, including those which he claimed under the will of Joseph Warrell, the elder.

Joseph Worrell, I, was made attorney-general in 1733 and was twice recommended for the Council but apparently did not want the office. He is referred to as a "gentleman of the law," and the title "Notary and Tabellion Public" was appended to his name. There is no record that he was admitted to the Bar in New Jersey. In 1751 he resided on the estate known as "Belleville" near Trenton, and stated in a certificate which he signed for Samuel Tucker that he lived there many years and consequently "could give a good character of Samuel Tucker, his neighbor, having known him since Tucker was a boy." He asked leave to resign in 1754 "in order to make his declining years comfortable" and died in the summer of 1758. In 1751, Joseph Warrell, attorney-general, appointed Abraham Cottnam to prosecute an indictment found against Lewis Morris Ashfield, charged with profanity and assault.

His son, Joseph Warrell, II, was licensed as an attorney May 13, 1758. He appears in 1753 as the manager of a lottery for, the Trenton English and Grammar School, and as the clerk of the circuits. There is no record that he was an active practitioner. He died in 1775. His tombstone in the First Presbyterian Churchyard is inscribed:

Lewis Morris Ashfield was a member of the Bar, admitted at the May term, 1746. He lived at the time in Middlesex but in 1759 gave his address as Shrewsbury or Trenton. He was related to Chief Justice Morris and was evidently a man of standing, as on April 30, 1751, he was appointed a member of Council of the Colony. On October 21, following, he was indicted at Perth Amboy, charged with swearing in a most profane manner and damning the King's laws and assaulting the constable with a whip.

It was evidently considered an important affair, and in a letter written by the governor we find that "Young Ashfield is greatly concerned about the affair and is endeavoring in all ways possible to get himself acquitted of this flagrant crime," anxious, no doubt, to assume his duties as member of the Council.

Attorney-General Warrell, who was not present when the indictment was found because of "indisposition," had deputized his son-in-law, Abraham Cottnam, a prominent Trenton lawyer, to represent him and now deputized him to prosecute the Pleas of the Crown for him "in his absence and indisposition." Notwithstanding the evident anxiety of the attorney-general and lawyer Cottnam to convict Ashfield, he was acquitted. The witnesses, even the constable himself, were vague in their recollection of the exact words spoken, and Cottnam, the deputized attorney-general, in order to bolster up his case, took the stand and contradicted his principal witness by testifying to the language as given to him by the constable at the time of the indictment. Governor Belcher was deeply disappointed at the verdict which cleared young Ashfield "by a nicety in law, although I believe everybody thought him guilty." He refused to admit him as a member of the Council. Chief Justice Robert H. Morris did not regard the matter seriously, and in a letter to the Lords of Trade, said,

The Lords of Trade, who had recommended Ashfield and submitted his name to the King, did not approve of the actions of the governor, and Ashfield was admitted. In 1761 he was named as one of the persons to be commissioned to try pirates.

Bowes Reed, a brother of Joseph Reed, was admitted as an attorney on April 3, 1770, but never became a counsellor. He entered public life at an earlier day and in 1776 he was appointed surrogate of Hunterdon. At the beginning of the Revolution, the Provincial Congress appointed him Lieutenant Colonel of a battalion to be raised in Gloucester, Salem, Cumberland and Burlington, and later he was commissioned Colonel of the First Regiment of Burlington. He also held at different times the office of clerk of the Supreme Court, clerk in chancery, deputy secretary of state and, upon the resignation of Charles Pettit (his brother-in-law), he succeeded him as secretary of state. He died in 1794, and was succeeded by Samuel Witham Stockton. He resided for a short time in Trenton but there is no record that he ever engaged in the active practice of the law.

Andrew S. Hunter was admitted as an attorney in 1802 and as counsellor three years later, and practised in Trenton. Very little can be ascertained concerning him, but it is stated that he probably had practised law in some other State before practising in Trenton. He received the honorary degree of A.M. from Princeton in 1802 and was prominent in Masonic circles.

Samuel Leake was born in Cumberland County in 1747. He was admitted to the Bar in 1776 and his name heads the list as the first licensed attorney after the adoption of our Constitution. He frequently appeared in the Supreme Court, associated with or opposed by the leading lawyers of that day. He opened an office in Salem but in 1785 removed to Trenton where he rapidly acquired an extensive practice and quickly took a leading place at the Bar. He lived on the east side of Warren Street, opposite Hanover Street, and soon became active in local matters. He was a member of the Union Fire Company and a contributor to its upkeep.

Judge Elmer characterizes him as eccentric but regarded him as an honest lawyer, an earnest, sincere Christian, and a man highly fespected by the community. He relates an instance which occurred when Governor Bloomfield first presided as chancellor. The question was raised as to retaining the English practice of addressing the chancellor as "Your Excellency." Governor Bloomfield said that he was a republican and did not desire to be addressed by that title. Mr. Samuel Leake, who was present, immediately arose, and with much earnestness and solemnity, addressing the chancellor, said:

Another prominent lawyer (a brother of Richard Stockton, the Signer) who made his home in Trenton, was Samuel Witham Stockton who was born in 1751. He was admitted to the Bar on September 3, 1772, and removed to Trenton in 1794. His home was on the north side of Front Street, just west of the Black Horse Tavern, and the village market was located between his home and the tavern. In 1774 he went to Europe as secretary of the American Commission to the Courts of Austria and Prussia, and while abroad negotiated a treaty with Holland. He was one of the signers of the constitution of the Union Fire Company in 1792, and contributed to the purchase of a new engine. He was senior grand warden of the Grand Lodge of Masons in 1791 and grand master in 1794, and was secretary of state in the latter year.

William C. Houston practised law in Trenton. He was born in Sumter County, S:C., and came north to attend the College of New Jersey (Princeton). After his graduation, he became Professor of Natural Philosophy in that institution.

His father was a Quaker and a prominent and wealthy planter, who refused to give his son a liberal education but consented to furnish him with a horse, clothes and fifty pounds of money to do with as he pleased. The young son gladly accepted and came to Princeton, entering the college as a freshman. To meet expenses, he took charge of a grammar school connected with the college, keeping up with his studies at the same time. In 1768 he graduated with distinguished honor and received a silver medal.

Upon the breaking out of the Revolution, he was appointed Captain of the Militia of New Jersey and served until March 25, 1777, when he was appointed deputy secretary to the Continental Congress. In 1778 he became a member of the Assembly of New Jersey, and in 1779 a member of the Continental Congress. In 1781 Congress elected him comptroller of the treasury. He was admitted to the Bar of New Jersey in 1781, and the same year was appointed clerk of the Supreme Court of New Jersey, which office he held until his death. After resigning his professorship in the College of New Jersey, he became one of the founders and a stockholder of the Trenton Academy. Mr. Houston was also a member of the convention which drafted the Constitution of the United. States, and, according to the record, took a prominent part in forming i, although his name is not appended to the instrument.

He served with Chief Justice Brearley on the commission appointed by the Continental Congress which finally settled the dispute, between Pennsylvania and Connecticut, involving a large strip of Northern Pennsylvania. The commission met in Trenton in 1782.3

Isaac De Cow was admitted to the Bar on May 16, 1765. His name frequently appears in connection with advertisements for the sale of lands, and in 1774 he advertised a run-away servant. The advertisement states that:

Mr. De Cow lived on King Street (now Warren) on the north side of De Cow Alley, now West Hanover Street, in the house that was used in 1799 by President Adams as his official residence. It was later known as the Phoenix Hotel. De Cow was appointed Major of the First Regiment of the Militia of Hunterdon County, and resigned on July 5, 1776. He was active in local matters and an active member of a fire company and of the Masonic fraternity.

Gershom Craft, who lived on Mill Hill on the site which in later years was occupied by Robert Dowling as a hotel, was admitted to the Bar in 1790. He was not active in the practice of law. On July 9, 1798, he joined with William Black in the purchase of the State Gazette and New Jersey Advertiser. They changed the name to the Federalist and New Jersey Gazette and in September 1800 Craft retired from the newspaper business. In 1803, on September 14, he and several other gentlemen purchased a spring at the head of town from Stephen Scales, and incorporated the Trenton Water Works. The company furnished water to the people of Trenton, at first through pipes constructed of wood which later were replaced by iron. In 1845, the water works were purchased by the city. Shortly after 1803, Craft moved to Falls Township, Bucks County, Pa., and died there in November 1808. He owned property in Pennsylvania and New Jersey, and an inventory of his New Jersey estate was filed January 10, 1809.

James Linn was admitted to the Bar in 1772 while a resident of Somerset County. Sometime between the years 1801 when his congressional term ended and 1805 when he was appointed secretary of state, he removed to Trenton and practised law.

Mr. Linn was a graduate of the College of New Jersey and during the Revolutionary War held a commission as Major in the militia. In 1777 he was elected to the Legislative Council from Somerset County. In 1776 he was appointed "Attorney at Law for the Province of New Jersey" by Governor Franklin, and in the years between 1790 and 1798 he represented Somerset County in the Legislature and in 1796 was vice-president of the Council. In 1798 he was elected to Congress and served until 1801, being a member of that body during the famous election contest between Burr and Jefferson, and voted for Mr. Jefferson. Mr. Linn was afterwards appointed supervisor of revenue of New Jersey. He held the office of secretary of state from1805 until the time of his death in December 1820. He was highly respected as a citizen but attained no high eminence in his profession, having turned his attention principally to other pursuits.

Maskell Ewing was born January 30, 1758, in Cumberland County and before he was twenty-one was elected clerk of the New Jersey Assembly. He removed to Trenton and held the office of clerk for twenty years. He read law in the office of William C. Houston, was admitted to the Bar in 1788 and practised here until 1803 when he removed to Pennsylvania. His nephew, Charles Ewing, was chief justice of the Supreme Court for many years. During his residence here he took an active part in local affairs and was one of the organizers of the Grand Lodge of Masons.

Aaron D. Woodruff was born September 12, 1762, was admitted to the Bar in 1784, was called as a sergeant in 1792, and during the same year was appointed attorney-general and held the office for over twenty years. He lived on Hanover Street and took an active part in religious and civic matters. He served in the Legislature and was influential in having Trenton selected as the State Capital. In 1787 he assisted in the organization of Trenton Lodge No. 5, Ancient Free and Accepted Masons, and became its first master and later was elected grand master.

Richard Salter was commissioned associate judge of the Supreme Court on May 15, 1754. Chief Justice Robert Hunter Morris, on tendering his resignation in 1754, suggested Richard Salter as his successor, describing him as "a man of understanding and fortune, a firm friend of the Government, and one who will act in that station with honor to himself and justice to the public." The resignation of the chief justice was not accepted and Richard Salter was made associate judge. He was a member of the Council for the Western Division and resided here. His appointment was suggested to the chief justice by judge Charles Reed, who said: "There cannot be a more proper person to supply your place than Mr. Salter. You are no stranger to his abilities."

Jonathan Rhea was born in Monmouth County in 1754, the son of Jonathan and Lydia (Forman) Rhea. Mr. Rhea served during the War of the Revolution in the New Jersey line of the Continental army. He was appointed Ensign, Second New Jersey Infantry, January 1, 1777, and Second Lieutenant, April 1, 1778; he resigned November 3, 1783, and was commissioned Captain by brevet. He was admitted to the Bar in 1784 and was twice elected, by the joint meeting, clerk of the Monmouth Common Pleas and in June 1793 was elected clerk of the Supreme Court, which office he held until November 1807. In 1793 he was a presidential elector, casting his vote for John Adams. He was Quartermaster General of the State from 1807 to 1813. He was grand treasurer of the Grand Lodge F. and A.M. from 1805 to 1813. Mr. Rhea was the second president of the Trenton Banking Company, serving as such from 1807 to 1815. He built the old mansion opposite the State House which was afterward sold to Charles Higbee, who in turn sold it to George Fox of Philadelphia, who settled it on Philemon Dickinson, nephew by marriage. Mr. Rhea's daughter Mary was the wife of Garret D. Wall. Mr. Rhea died in Trenton February 3, 1815. A greatgrandson was Garret D. W. Vroom.

John Rutherford was born in New York City, September 20, 1760, and was graduated from the College of New Jersey in 1776. He studied law, was admitted to the Bar in 1782, and practised in New York City, 1779-87, and later in Edgerston, N.J.; subsequently he came to Trenton, remaining until 1807. He was a prominent churchman and a presidential elector in 1798, 1813 and 1821. He was elected to the United States Senate and served from March 4, 1791 to December 5, 1798, when he resigned. He became a member of the New York and New Jersey boundary commission in 1826, and of the New York, New Jersey and Pennsylvania boundary commission, 1829-33. He died in Rutherford, N.J., February 23, 1840.

Garret D. Wall studied law with General Jonathan Rhea, clerk of the Supreme Court, was admitted in 1804 and commenced the practice of law in Trenton. He resided here until 1828 when he removed to Burlington. In 1812 he was elected by joint meeting clerk of the Supreme Court and held the office for five years. In 1829 he was elected governor and chancellor but declined and in 1835 was elected to the United States Senate and was an active supporter of the administrations of Jackson and VanBuren. Later he became one of the judges of the Court of Errors and Appeals where his great legal learning was conspicuously displayed. He died in 1850.

John Moore White was admitted to the Bar in 1791 and called as a sergeant in 1812. He practised in Gloucester County and represented that county in the Assembly. In 1833 he was appointed attorney-general and served until 1838 when he was elected by the joint Session as associate justice of the Supreme Court, which position he held until February 27, 1845. The New Jersey Register for 1837 gives his name in the list of twelve attorneys who lived in Trenton at that time, but after his retirement from the Bench he removed to Woodbury where he died in 1867 at the age of ninety-one.

Micajah How, although not a member of the Bar, for a time was one of the judges of the Court of Common Pleas of Hunterdon County. He was also sheriff. His death was announced in the Trenton newspapers of January 14, 1799.

For biographical sketches of David Brearley, Joseph Reed, and Isaac Smith, see Chap. II, above.

II. Courts and Lawyers in the Nineteenth Century and After

With the establishment of the state and the federal courts in Trenton, lawyers from other localities were naturally attracted and established homes here. A number of these lawyers quickly achieved prominence. This was especially true in the first half of the nineteenth century. It was the practice then, because of the lack of rapid travelling facilities, to employ local counsel to present cases on appeal to the higher courts. This is evident from the early reports, where we find the local lawyers appeared in many of the cases which originated elsewhere.

Notwithstanding these constant accessions, the number was not large. The New Jersey Register for 1837, published by Joseph C. Potts, gives the following lawyers resident of Trenton at that time:

John Moore White, admitted in 1791 ; Samuel L. Southard, 1811; Samuel R. Hamilton, 1812; William Halsted, 1816; Henry W. Green, 1825; James Ewing, 1826; Stacy G. Potts, 1827; Benjamin F. Vancleave, 1830; James Wilson, 1830; Joseph C. Potts, 1833; William P. Sherman, 1833; Isaac W. Laning, 1834.

In 1857, with an estimated population of 15,000, Boyd's Directory gives the lawyers in Trenton as follows: Henry W. Green, chief justice, Mercer Beasley, William L. Dayton, Andrew Dutcher, James Ewing, E. H. Grandin, Caleb S. Green, Barker Gummere, William Halsted, A. M. Johnson, Frederick Kingman, Isaac W. Lanning, Joseph F. Randolph, Augustus G. Richey, Edward W. Scudder, William I. Shreve, Robert F. Stockton, James Wilson and Stacy G. Potts, associate justice. In 1870, with a population of 22,874, the number of lawyers was forty and in 1900, with a population of 73,307, the number was ninety-six. At the present time (December 1928) there are one hundred and ninety-one lawyers in Trenton with an estimated population of 139,000.

During the period preceding the Civil War, the Bar of Trenton contained among its members many who became active in political life. Some of them achieved high places of honor and responsibility and their fame extended far beyond the borders of the State. Outstanding among the many distinguished names, we find Samuel L. Southard, Peter D. Vroom and William L. Dayton whose remarkable careers ran along parallel lines, both in the State and nation. On the following pages are presented brief sketches of these men and other members of the Bar who attained conspicuous success in their profession and in other fields.

Samuel L. Southard was admitted to the Bar in 1811, and after serving in the State Legislature was chosen an associate justice of the Supreme Court in 1815 and removed to Trenton. He remained on the Bench until 1821 when he was elected to the United States Senate. He immediately took a prominent part in national affairs and in 1823 he became Secretary of the Navy under President Monroe and continued in that office under John Quincy Adams until 1829, when he was elected attorney-general of New Jersey and resumed his practice in Trenton. In 1832 he was chosen governor and in 1833 returned to the United States Senate. In 1841 he was presiding officer of the Senate and acting Vice-President after Mr. Tyler succeeded General Harrison, and continued in that position until his death in 1842.

Mr. Southard was regarded as a very able and brilliant man, and was recognized as a leader, not only at the Bar, but in every position he held. His home was in Trenton until 1838 when he became president of the Morris Canal and Banking Company and removed to Jersey City.

Peter D. Vroom was admitted to the Bar in 1813 and after practising at various places settled, in 1820, at Somerville. He served in the Legislature and in 1829 was chosen governor and ex-officio chancellor. These offices he held continuously until 1835, except for the year 1832 when Southard was elected. Mr. Vroom's service as chancellor has always been recognized as of exceptional value to the Bar and to the State, and his opinions have done much to settle equitable principles and formulate the practice of the Court of Equity.

In 1838 Governor Vroom was elected to Congress and, notwithstanding the refusal of a certificate by Governor Pennington, he was admitted and seated after a contest in Congress.

At the end of his term he became a resident of Trenton and continued practising here until his appointment as Minister to Prussia. He was regarded as a very able and conscientious lawyer and stood at the head of the State Bar.

William L. Dayton was admitted in 1830. He opened an office at Middletown, Monmouth County, and later removed to Freehold where his ability and character were quickly recognized and he soon had a large practice, not only in the County, but the State courts. In 1837 he was elected to the Legislature and the following year chosen by the joint meeting as an associate justice of the Supreme Court. After serving three years, he resigned and returned to the practice of his profession in Trenton. The following year he was elected to the United States Senate to fill the vacancy caused by the death of Senator Southard. During the nine years of Senator Dayton's incumbency he came in contact with the historical characters of that period and took a leading part in the struggles resulting from the Mexican War and the slavery agitation. In June 1856 he was nominated Vice-President on the Republican ticket, and in 1857 was appointed attorney-general and occupied that position until his appointment by President Lincoln as Minister Plenipotentiary to France, at that time one of the most responsible positions of the government. This position he filled with conspicuous ability and to the entire satisfaction of the President. He died suddenly in Paris on December1i, 1864.

Charles Ewing, admitted in 1802, soon ranked as one of the leaders in the State and was called as a sergeant in 1812. In 1824 be was appointed chief justice and held that position until his death in 1832.

Henry W. Green, born in Lawrenceville, studied in the office of Chief Justice Ewing, was admitted in 1825, practised in Trenton and resided here until his death. He served in the Legislature, and was a member of the Constitutional Convention in 1844. Two years later he became chief justice and filled that position until 1861 when he was appointed chancellor. Henry W. Green's services to the State as a lawyer and judge were of the most exalted character and he has been called the idol of his day and generation. His opinions were clear and lucid and helped to mould the judicial jurisprudence of the State. Many of the cases decided by him have been accepted without appeal and are regarded as leading cases. He presided at the Circuit held in Trenton from 1846 to 1860, and added dignity to the Bar and greatly assisted the legal profession in seeking justice for their clients.

William Halsted, Jr., belonged to the family of Halsteds in Essex County and was a brother of Chancellor Oliver .Spencer Halsted of Newark. He was graduated from the College of New Jersey in 1812 and was admitted to the Bar in 1816. Industrious and indefatigable, he had a large practice, and was usually retained by those who had suits against the Camden and Amboy Railroad Company. He was prosecutor of the pleas in Hunterdon County from 1833 to 1837 and a member of Congress from 1837 to 1839 and from 1841 to 1843. He was appointed district attorney for the district of New Jersey in 1849, and as reporter of the Supreme Court of the State he published Halsted's Reports in seven volumes. He raised the First New Jersey Cavalry in the Civil War and went out as Colonel of the regiment, but was not long in the service. He died in 1873, at the age of eighty-four.

Stacy G. Potts, justice of the Supreme Court, studied in the office of Lucius H. Stockton, and later in the office of Garret D. Wall, and was licensed as an attorney in 1827. He was born in Harrisburg in 1799 and in 1808 came to Trenton to live with his grandfather, Stacy Potts, who was then mayor of Trenton. He learned the printing trade and for a time edited the Emporium. As a Jackson Democrat he was twice elected to the General Assembly, and in 1831 was appointed clerk of the Court of Chancery, which office he held for ten years. In 1852 he was appointed a justice of the Supreme Court and served for seven years and was regarded as an able and conscientious judge, very popular with the Bar and with the public generally. He was deeply religious and took a prominent part in church work. He lived on West State Street, just east of the State House, and died in 1865.

Mercer Beasley, who presided at our Circuit for many years, was born in Philadelphia in 1815, attended the College of New Jersey but did not graduate. He studied law in Trenton and was admitted to the Bar in 1838 at about the time the County was formed. He opened a law office on West State Street, near Warren, and later built an office adjoining his home on East State Street, where he lived until a few years before he died. The site of his home is now occupied by the new portion of the Broad Street Bank building. His father was an Episcopal clergyman and at one time rector of St. Michael's Church. He bad great familiarity with legal principles and practice and was particularly.accomplished in the preparation of pleading and noted for his accuracy and discernment. He served as city solicitor and in 1851 he was the Whig candidate for mayor but failed of election. He served in the Common Council, and was active in civic matters. He was recognized as a good citizen and a learned, forceful and successful lawyer.

In 1864 he was appointed chief justice and held the office until his death in 1897-nearly thirty-three years. At the time of his appointment the College of New Jersey conferred upon him the degree of Doctor of Laws.

The record of his judicial opinions is contained in twenty-nine volumes of the Law Reports and thirty-seven of the Equity. He was of commanding ability and, in the words of Justice Collins, he "presided over our highest tribunal with courtly dignity and matchless skill and added lustre to the bright record of his distinguished predecessors." He had explored and knew all the sources of the law and was entirely familiar with its principles. He was not a narrow case-lawyer, so-called, as the following quotation from his opinion in the case of Gregory ads. Wilson, 7 Vroom, 315, 323. will clearly illustrate: "In these days, when legal knowledge is so dearly acquired, and legal learning is so cheaply displayed, a voluminous citation of authorities is apt to look like a petit larceny on the digests."

It is said that Chief Justice Beasley was seriously considered by President Cleveland for chief justice of the United States in 1888, when the late Melville W. Fuller was selected, and that the only reason that Chief Justice Beasley was not named was because of his age, being then seventy-three years old.

In presiding over trials at the Circuit and in the Oyer and Terminer the chief justice was dignified and courteous, and showed patience and kindliness in his endeavor to do justice. His charges to the jury were simple and clear and were entirely free from the unusual words that are sometimes found in his opinions. His decisions at the Circuit were rarely overruled.

Upon his death the public press truly said that on his elevation to the Bench the advocates lost from their number one of the very ablest in the whole State, and the judiciary gained a member whose name was known in all courts of the land, and who was equalled in knowledge of law by few, if any, of the eminent jurists of America, and whose decisions were quoted constantly before foreign as well as home tribunals.

Chief Justice Beasley held the Mercer Circuit from the time of his appointment until 1890, when he exchanged with Justice Scudder, and until his death presided in Monmouth and Middlesex County.

The chief justice was highly regarded not only by the members of the Bar, but by a large circle of friends. He was a great reader and especially fond of Dickens, but any novel suited him, if it ended happily. He was fond of gunning and was an expert marksman on the wing. Many of his leisure hours at home were spent in wood-carving. In his early days he was celebrated as a billiard player, and had few equals.

Augustus G. Richey, who for many years was a leader of the Trenton Bar, was born in 1819 in Warren County and was a graduate of Lafayette College. Upon his admission to the Bar in 1844, he opened an office in Asbury, N.J., and practised there until 1856, when he removed to Trenton where his legal ability and business capacity were soon recqgnized and gained him a high class of practice. In 1865 he was elected to the New Jersey Senate and served one term. He was an enterprising and public-spirited citizen and was deeply interested in the welfare and progress of the community in which he lived. For many years he was actively identified with many of the financial, religious and benevolent institutions of the city. As a lawyer he devoted himself largely to commercial and business law and gained high reputation as a safe and conscientious lawyer. He died in 1894.

Bennet Van Syckel was born on April 17, 1830, at Bethlehem, N.J., and upon his appointment to the Supreme Court removed to Trenton where he resided until his death. Almost immediately upon his admittance to the Bar he attained a very high standing because of his legal ability and his knowledge of the law. He was a justice of the Supreme Court until in 1904 when, because of a temporary disability, he resigned. Curiously enough, justice Van Syckel long outlived every one of his associates on the Supreme Court Bench and survived until 1923 when he died at the advanced age of ninety-three. He lived to be the oldest practising lawyer in the State.

The high personal character of judge Van Syckel and the noted public service rendered by him during the long period of his active life mark him as one of the outstanding figures in the history of the city and of this State. Graduating from Princeton with high honors at the age of sixteen, he soon thereafter began the study of law and was admitted to the Bar of the Supreme Court in 1851. After practising law for sixteen years in his native county of Hunterdon, he was appointed a justice of the Supreme Court, which position he held by successive appointments for a period of thirty-five years. In 1880 the degree of LL.D. was conferred upon him by Princeton College.

Judge Van Syckel was especially noted as a trial judge. The accuracy of his rulings at Circuit and the quickness with which he dispatched business excited universal commendation.

On the Bench of the Supreme Court and the Court of Errors Judge Van Syckel did equally important work. His opinions written therein are marked by brevity of expression, clearness of thought and sound legal learning. They rank with those of the best judges at a time when those courts were famous for their personnel.

Judge Van Syckel's success on the Bench was due in no small measure to his lofty character. He had a conscience void of offense and he kept it so clear and so alert that with him the discovery of truth and the detection of error was almost an intuition.

The impress made by judge Van Syckel on the jurisprudence of this State and the example he set to young and aspiring members of the Bar will keep his memory green for generations to come. He was noted for quickness of perception, alertness of decision and a prompt grasping of the salient features of a cause.

After leaving the Bench, Justice Van Syckel was constantly consulted in important matters and his opinions were highly regarded by the public and usually accepted as final. He was active in church and civic matters and rendered valuable services in connection with many of the public questions which arose during the later years of his life. Golf and horseback riding were his favorite outdoor diversions.

Edward W. Scudder, another justice who presided at the Mercer Circuit, was born at Scudder's Falls in 1822. He was educated at Lawrenceville and Princeton, studied law in the office of the Hon. William L. Dayton and was admitted in 1844. He was a man of affairs before his elevation to the Bench, and was, during a long and successful practice at the Bar, noted for the strictest integrity. He was a member of the State Senate from Mercer County for one term of three years, from 1863 to 1865 inclusive, and he was president of that body in the latter year. He practised extensively in all the courts of the State until 1869, when he was appointed by Governor Randolph one of the justices of the Supreme Court.

He was highly regarded in Trenton and his appointment, it was soon recognized, added strength and dignity to the Bench. He was not a man of impulses, was peculiarly free from prejudice and was always impartial. Of a kindly nature he was beloved by the Bar and if was regarded as a pleasure to appear before him. And with it all, his chief characteristics were a strong, keen sense of the right, and an unswerving desire to do justice between man and man. His judgments were sound and his opinions always clear and lucid and bear the marks of research and labor.

He died suddenly on February 3, 1893, beloved and mourned by the entire State. As was stated in the resolutions adopted by the Supreme Court at the time of his death, "Death came to him so quickly and so mercifully as to remind one of that of the Patriarch in the Scriptures who 'walked with God and was not, because God took him.'"

Alfred Reed was born in Reed's Manor, Ewing Township, in 1839 and had a long and successful career as judge and vice-chancellor. He was first admitted to the New York Bar and afterwards in 1864 to the New Jersey Bar. Establishing himself in this city he soon became prominent in political and social matters. Elected to the Common Council in 1865, he served two years and in recognition of his services he was elected mayor of the city in 1867. In 1869 he was appointed the first law judge of the Court of Common Pleas, serving five years, and in 1875 was appointed justice of the Supreme Court. In 1895 he resigned and was appointed vice-chancellor and served until 1904, when he returned to the Supreme Court and continued in that position until 1911.

He was a sound lawyer and a genial man, always courteous and considerate of others and was a most popular judge. His wide knowledge of the law and his experience, combined with ability to dispatch business rapidly, soon won for him a distinction among his learned associates. His retirement was considered a great loss to the Bench. He died December 6, 1919.

James Buchanan, who was appointed judge of the Common Pleas in 1874 and presided for five years, was born at Ringoes in 1839. He was admitted to the Bar in 1864 and immediately afterwards settled in Trenton. He took an active part in civic and church affairs and became one of Trenton's leading citizens.

He was a painstaking and kindly man and enjoyed the friendship and confidence of everyone. He had a long and honorable career in this community, and .after leaving the Bench served in the Common Council of Trenton and for eight years represented the district in Congress. A fine portrait, procured to be painted by the members of the Bar who had been students in his office, is now hung upon the wall of the Mercer County Common Pleas Court room-a pleasant reminder of the judge and gentleman. He served but one term and was succeeded by judge John H. Stewart.

John H. Stewart was born in Warren County and was admitted to the Bar in 1867. After practising in Belvidere a short time he opened an office in Trenton and soon became prominent because of the excellence of his work in preparing and publishing a Digest of New Jersey Reports. Later, in 1877, he and judge Vroom published The Revision of the Statutes of New Jersey.

In 1879 he was appointed judge of the Mercer Common Pleas and served for eleven years, until his death in 1890. In Judge Stewart's time the business of the court, especially in its criminal branch, grew to be considerable and important, owing principally to the great increase in the population of the county. Judge Stewart, although he had not been an extensive practitioner at the Bar, displayed marked qualities as a jurist and was a most acceptable judge in every sense of the word. He was a great student and indefatigable worker. In social intercourse he was extremely jovial and told the best of stories in a charming and inimitable manner. He died March 1890.

Robert S. Woodruff was born in Newark in 1841. He came to Trenton with his family when he was nine years old and was admitted to the Bar in 1868. An able and careful lawyer, he soon gained the confidence of the community and served in the Common Council, as member of the school board and in the Legislature. In 1890 he succeeded Judge Stewart and presided upon our Common Pleas Bench for a period of ten years. He had judicial experience for eleven years upon the City District Court Bench before his elevation to the Common Pleas. It was he who discovered and caused the arrest of the murderer Lewis, at Millstone, in 1863, while teaching school at that place.4 Judge Woodruff was very popular both as a judge and as a man, and had a host of friends who were delighted to be associated with him. His death, in i9o6, some years after his retirement from judicial labors, was exceedingly regretted.

A fine portrait of him presented by the Bar of the County of Mercer, adorns the wall of .the Common Pleas Court room, and, as judge Reed said in his feeling remarks when accepting the portrait, which was presented by Chancellor Walker on behalf of the Bar: "It is a speaking likeness of a kind-hearted and courteous gentleman."

Benjamin F. Chambers was graduated from Princeton College and admitted to the Bar at the November term, 1875. In 1884 he was elected to the House of Assembly, served through the session of 1885, and died during the summer of that year. He was prominent in military affairs, and was assistant adjutant general on the staff of Major General Mott, commanding the Division of National Guard of New Jersey, with the rank of Colonel. Mr. Chambers was able and popular, and gave great promise of a successful career when his untimely death removed him from our midst.

S. Meredith Dickinson was a member of the Bar for many years, but did not practise extensively. He was chief clerk of the Chancery office and distinguished himself .by publishing an edition of Chancery precedents in 1879, a revised and enlarged edition of which he published in 1894. These works are the vale-mecum of Chancery practice in this State. He was also Chancery reporter, and edited twenty-one volumes of the opinions of chancellors and vice-chancellors. He died January 29, 1905.

Elmer Ewing Green was the son of Caleb S. Green, grandson of Chief Justice Charles Ewing and nephew of Henry W. Green, chief justice and chancellor. He received his early education in the Trenton Academy and was graduated from the College of New Jersey in 1870. He studied law in his father's office and was admitted to the Bar in 1873. He was a member of the Common Council of Trenton from 1882 to 1885, and a trustee of the Theological Seminary at Princeton. He was one of the judges of the Court of Errors and Appeals, as was his father before him. He for many years was a director of the Trenton Banking Company and also acted as its counsel for a time. He was painstaking and able, as his opinions delivered in the court of which he was a judge clearly demonstrate, notably in the case of Mackenzie against Trustees of Presbytery,5 in which he showed that what is known as the doctrine of cy pres obtains in this State, that is, that a fund for charity impossible of application according to the intention of the giver shall be applied by the court as nearly as may be according to his intention.

No account of the Bench and Bar of Trenton would be complete without a mention of the life and character of John P. Stockton. A Jerseyman through and through, of a distinguished New Jersey family, he was not content to rest upon their laurels, but won distinction for himself. In 1857, when but thirty-one years old, he was appointed by President Buchanan to be Minister Plenipotentiary and Envoy Extraordinary to the Court of Rome. He held that position until 1861, when he returned to New Jersey and resumed the practice of law in Trenton. His father and grandfather before him had been United States Senators and he was elected to that exalted position by the Legislature in 1865, but was unseated after serving one year, because, while he had received a majority of the votes cast in the joint meeting of the Legislature, he had not received a majority of the votes of all the members elected to both Houses. He was, however, reelected to the Senate in 1869, and served a full term of six years, when he returned to Trenton and again resumed the practice of law. In 1877 he was appointed attorney-general and served in that capacity for twenty years. It was in this office, doubtless, that his greatest service to the State was rendered. During his term, grave questions of state policy, including the Act for the taxation of railroad companies, came under review in the courts and were ably advocated and successfully upheld by AttorneyGeneral Stockton. He was a man of simplicity of character, as most great men are, and of extraordinary eloquence, which most great men are not. He had a fine, almost picturesque presence and a most mellifluent voice, which, combined with his eloquence, made him one of the famous public speakers of his day and generation. After relinquishing the office of attorney-general, he practised law for a few years in Jersey City and died quite unexpectedly, revered and regretted by the people of New Jersey.

John T. Bird was born in Bethlehem, Hunterdon County, and studied law in the office of A. G. Richey in Trenton, but practised ,in Flemington where he became one of the leaders of the Bar. Upon his appointment as vice-chancellor in 1882 Mr. Bird moved to Trenton and resided here until his death in 1911.

In 1882 there were but two vice-chancellors, Van Fleet and Bird, and there was no increase in the number until 1889. During the interim the business increased rapidly and it has been said that Vice-Chancellor Bird heard more cases and wrote a greater number of opinions than any other judge during the same number of years. He was an indefatigable worker, holding court, sometimes, every working day of the week and it was marvellous that he found time to write the numerous opinions he filed.

He was greatly respected by the entire community and esteemed as a conscientious judge, whose only aim was to do justice in the cases that came before him. Before his elevation to the Bench he took deep interest in political matters and was a member of Congress, taking a prominent part in the stirring congressional controversies of 1868 to 1872. After his retirement from the Bench in 1903 he resumed practice in Trenton. He died May 6, 1911.

Garret D. W. Vroom was born in Trenton on December 17, 1843. He read law with his father, Governor Peter D. Vroom, and was admitted to practice in 1868. His ability as a lawyer soon gave him a commanding position at the Bar of the County and of the State. In 1869 he was made city solicitor, and in 1870 was appointed prosecutor of the County of Mercer. In 1873 he resigned to accept the position of reporter for the Supreme Court, a position which his father had occupied before him, and between them they published fifty-six volumes of the Supreme Court Reports. He also, in conjunction with judge Stewart, prepared for publication the Revision of the Statutes of New Jersey in 1877, and ten years later assisted in the preparation of a supplement. In 1894 he and Judge Lanning published The General Statutes of New Jersey.

In 1881 Judge Vroom was elected mayor of Trenton and later, when the board of public works was created, he was made its president. An appointment to the Supreme Court was declined in 1900, but in 1906 he accepted an appointment to the Court of Errors and Appeals, which office he resigned in 1913 because of failing health. He was one of the organizers of the General Society of the Sons of the Revolution and was active in the Trenton Battle Monument Association. He had many and varied interests and was prominent in historical and patriotic associations, among them the Society of the Cincinnati.

He was an accomplished lawyer and a cultured gentleman, and was deeply interested in literature. His private library, one of the largest in the State, was filled with choice books and first editions. His work at the office done for the day, his recreation was in his home library. He not only loved books, but was a constant reader and had an intimate knowledge of their contents. He was especially fond of history and biography, and so extensive was his reading and his association with books of this sort that the great leaders and workers of the world became to him "living persons" and "brought him face to face with their subjects."

He was also a great lover of flowers, and his outdoor delight was found principally in the growing of roses. He had one of the finest collection of roses in the State, some of which were of old stock and planted by his father. Judge Vroom was famous as a collector of rare books and autographed letters, and an industrious extra illustrator of interesting books. He died March 4, 1914.

James Buchanan was born in 1849 in Bucks County, Pa., and was no relation to the James Buchanan mentioned above. At the age of thirteen he removed to Trenton with his parents. He began working in a bakery and spent his nights in preparing himself for college, entering Princeton in 1872 and being graduated two years later. He studied law with Augustus G. Richey, was admitted to the Bar in 1877, and quickly gained recognition as a well-prepared and careful lawyer.

In 1882 Mr. Buchanan represented Henry H. Yard in the suit against the Ocean Beach Association in a claim to the ownership of valuable beachfront land in what is now Belmar. It was some ten years before a final decision in the case was reached by the Court of Errors.

In1902 Mr. Buchanan was elected to the Common Council and served very efficiently. At the end of two years he was nominated for the office of mayor to oppose Frank S. Katzenbach, Jr., and was defeated.

In 1906 Chancellor Magee appointed him equity reporter and advisory master, which positions he filled with conspicuous ability and to the satisfaction of the entire Bar. Mr. Buchanan was always regarded as a thoroughly honest, capable lawyer who honored his profession, and his death was a distinct loss to the city and State. He died October 15, 1916.

John T. Nixon was first admitted to the Bar of West Virginia, and afterwards was admitted in New Jersey and practised at Bridgeton. He was a member of the Legislature in 1849-50 and speaker of the House the latter year; was elected to Congress in 1858 and in 1860 was an elector who supported Abraham Lincoln for President. In 1870 he was appointed judge of the United States District Court for the district of New Jersey and filled the position to the entire satisfaction of the Bar and the public generally until his death in 1889. He removed to Trenton upon his appointment and became prominent here in religious and educational matters. He was trustee of the College of New Jersey and was one of the founders and president of the Board of Trustees of the Lawrenceville School.

Edward T. Green, a nephew of Chancellor Green, was a lawyer of very high order of ability and became judge of the United States District Court in 1889. He was admitted in 1858 and for many years was general counsel for the Pennsylvania Railroad Company in New Jersey, a position in which he acquitted himself with great ability and success. He was a genial man, very social in his nature, and proved a very able and painstaking judge, but owing to his untimely death his career upon the Bench was brief and did not give him an opportunity to earn the distinguished reputation as a judge for which he seemed destined.

William M. Lanning was born in Ewing Township in 1849 and after graduating from the Lawrenceville High School in 1866 was a teacher in the public schools of Trenton and Mercer County until 1880, when he was admitted to the Bar as an attorney. A year after he was admitted he was chosen city solicitor and after serving three years was appointed judge of the District Court. He collaborated with judge Vroom in the publication of the Supplement to the Revision of the General Statutes of New Jersey, and later compiled and published a revised edition of the general statutes. He was a public-spirited man, active in the church, a director of the Princeton Theological Seminary and a trustee of the Lawrenceville School, a member of the constitutional commission of 1894 and connected with and active in the conduct of several financial institutions of Trenton.

In 1902 Judge Lanning was elected to Congress and resigned after the first session in order to qualify as judge of the United States District Court of New Jersey. In 1909 he was promoted to circuit judge for the Third Judicial Circuit.

He was noted for the conscientious, painstaking way in which he performed every duty that devolved upon him, and to the important litigations in which he figured he devoted his entire time and energy. He died February 16, 1912.

Samuel Duncan Oliphant was born in Pennsylvania in 1824 and was graduated at Jefferson College in 1844 and the Harvard Law School in 1847. He was admitted to the Bar of Fayette County September 1847. With the exception of a few years' practice in Pittsburgh he practised at Uniontown until the breaking out of the War of the Rebellion. He commanded the 8th Pennsylvania Regiment and later the 14th of the Veteran Reserve Corps, participating in numerous engagements of the war, including all of the Seven Days' battles. In 1865 he was assigned to the command of the 2nd Brigade of the Garrison at Washington. He moved to Princeton in 1867 and resumed the practice of law in New Jersey. In 1870 he removed to Trenton and was appointed clerk of the United States Circuit Court for the District of New Jersey, which office he held until his decease in October 1904.

George M. Robeson, a distinguished Jerseyman, became a member of the Trenton Bar late in life. He came to Trenton in 1888 and died here nine years later. He was born at Oxford Furnace, Warren County, in 1827, was graduated from Princeton in 1847, studied law in the office of Chief Justice Hornblower at Newark and practised in Jersey City. At the age of twenty-six, while still a resident of Jersey City, he was appointed by Governor Newell prosecutor of the Pleas of Camden County. This occasioned considerable criticism, not on the score of Mr. Robeson's ability, but because the appointment was given to a non-resident of Camden. However, Mr. Robeson removed there and distinguished himself as a prosecutor. During the Civil War he was appointed Brigadier General by Governor Olden and took an active part in the organization of the state troops. In 1867 he was appointed attorney-general by Governor Ward. During his term as attorneygeneral he assisted the prosecutor in the various Counties in the trial of homicide cases and at one time there were seven persons in this State under sentence of death, whom he had prosecuted, including a woman who was later executed at New Brunswick. In 1869 he was appointed .Secretary of the Navy by President Grant and held the office during both terms of that President. He was severely criticized during this period but his claim has always been that his policy as Secretary of the Navy laid the foundation of our modern navy. He was a very large man, which in connection with other striking personal traits made him a favorite with cartoonists. Puck had a cartoon with General Robeson almost every week and it is said that he was the most caricatured man of his day.

At the close of his term in the Cabinet he returned and practised law in Camden until his removal to Trenton eleven years later.

General Robeson was concerned in many important cases. He was a man of marked ability as a lawyer and as a statesman and was a most impressive public speaker. He took part in the litigation in the early '80's, following the attempted combinations on the part of some railroads, and appeared for the railroads when the constitutionality of the Railroad Tax Act of 1884 was raised in the Supreme Court and later the Court of Errors. He also appeared for the defendants in a number of murder trials, among them the Hunter case in Camden, one of the famous cases which attracted great attention because of its sensational features and the prominence of the people involved.

General Robeson served two terms in Congress and was practically leader during the entire time. Upon his defeat in 1883 he retired permanently from politics and devoted himself to the practice of law, at first in Camden and later in Trenton. He died in Trenton September 28, 1897.

Among the more prominent members of the Mercer County Bar who have recently passed away and who deserve at least a brief mention here are Linton Satterthwaite, who had a mind of keen analytical order and whose arguments before the Supreme Court on constitutional questions were always listened to with great respect; Francis B. Lee, a popular Trentonian better known as a local historian and publicist than as a lawyer; Francis C. Lowthorp, a man of culture, of a genial spirit and popular among his fellows; William J. Crossley, for several terms prosecutor of the pleas, an effective political orator and a criminal lawyer of recognized ability; John A. Montgomery, judge of the City District Court, witty, courteous and a quick dispatcher of business; James S. Aitkin, a forceful and progressive lawyer, highly esteemed by his co-workers and clients; Bayard Stockton, many years ago prosecutor of the pleas and at the time of his death chancery reporter, an able and painstaking lawyer, trustee for many estates with a large clientele in Princeton, than whom none was more highly esteemed and trusted; Barton B. Hutchinson, an active, highly respected, hardworking lawyer, member of the Assembly and of the Senate with a large and lucrative practice; and Carroll Robbins, advisory master and chancery reporter, a genial lawyer of great industry with a love for mathematics and intricate problems, who died suddenly, beloved by the Bar and the public generally. For many years he served on the School Board, and one of our largest schools is named in his honor.

The Bench and Bar of Mercer County continue today as in the past to uphold the fine traditions inherited from their predecessors. The time has not yet come to pass final judgment upon the leaders of the Bar now active in this community, but perhaps it is not too much to say that as a body the judges and lawyers of today are no less worthy of esteem than were those who flourished here in the past. Certainly there was never a time in the history of Trenton when a larger proportion of high official positions were filled by men who live in Trenton and who for the most part are closely identified with the life and interest of their home town.

Two associate-justices of the Supreme Court of New Jersey, Frank S. Katzenbach, Jr., and Thomas W. Trenchard, are citizens of Trenton, and Edward L. Katzenbach, the present attorney-general, is also a Trenton man. United States district judges living here are John Rellstab and Joseph L. Bodine, and J. Warren Davis lives in close proximity to the city on the Lawrenceville Road. The chancellor of New Jersey, Edwin Robert Walker, now serving his third term in that high office, has lived in Trenton for most of his life, though he was born elsewhere. Vice-Chancellors John H. Backes and Malcolm G. Buchanan come of old Trenton families. All of these are public-spirited citizens and men of distinction in the community as well as legal lights of state-wide eminence. Most of them have made their professional careers in Trenton and have won their way to the positions which they now hold through ability and character displayed while practising at the local Bar.

To mention the names of Trenton lawyers active at the present time would be to call a roll of over one hundred and fifty practitioners, many of whom are on the way to success if they have not already attained it.

The District Court

The District Court of the City of Trenton was established under the Act of 1877 to take the place of the Court for the Trial of Small Causes. The jurisdiction at that time was limited to two hundred dollars and was later increased to five hundred dollars; efforts have since been made to increase the limit to one thousand dollars.

Robert S. Woodruff was the first judge appointed and retained that position for about eleven years, until his promotion to the County Bench. He was followed by William M. Lanning who occupied the Bench until 1891. He was appointed by the joint session but in 1891 the law was changed placing in the hands of the governor the appointing power and Chauncey H. Beasley was appointed. He was succeeded in 1896 by John Rellstab who occupied the position until 1900, when he was promoted to the Court of Common Pleas and was succeeded by George W. Macpherson. Since that time Huston Dixon, John A. Montgomery, Charles H. English and J. Conner French, in the order named, have occupied the position of judge of that court.

The Court is noted for its expeditious way of disposing of business and has always been very popular with litigants.

The Federal Courts

Sessions of the United States District Court were held in Trenton at an early date. The first judge was David Brearley, a resident of Trenton. He resigned the chief justiceship of the State of New Jersey to accept the office and died in 1790, after having occupied the place for less than a year.

No other resident of Trenton occupied the office until 1870 when Judge John T. Nixon, a member of the Cumberland County Bar, was appointed and removed to Trenton. Later, Trenton was represented in the Federal Court by Edward T. Green and William M. Lanning, and at present John Rellstab and Joseph L. Bodine, both members of the Trenton Bar, occupy the Federal Bench.

The Court House

Soon after the formation of the County of Mercer in 1838, steps were taken for the erection of a new Court House. There was some rivalry as to where it should be located. Lawrenceville, Hamilton Square, White Horse and the present location, then known as "Mill Hill" were suggested, and only after a spirited contest was it finally located at Broad and Market Streets. The old building with its large Corinthian columns was of pleasing architecture, and with the surrogate's office on one side and the clerk's office on the other, surrounded by large hade trees, made a very attractive and impressive picture. In 1863 a new jail was built and later the clerk's office was enlarged, but the old Court House, with its large courtroom, ventilated by ten large windows, continued to serve the public down to 1904, when it was torn down and the present building put in its place.

The first term of the courts of the new County was held in June 1838, and was presided over by justice Dayton. The court was attended by Sheriff Richard Jacques, County Clerk Richard H. Shreve, and Surrogate William P. Sherman. The Pleas were prosecuted by Richard S. Fields, the attorney-general, which was then the custom, although James Wilson had been appointed prosecutor of the new County.

No law judge was appointed to preside in this County until 1869 when Alfred Reed was named; he held the office for five years and was followed by James Buchanan who served one term and was succeeded by John H. Stewart who occupied the Bench until his death in 1890. Robert S. Woodruff followed him, presiding until 1900 when he was succeeded by John Rellstab, who, in 1909, was promoted to the United States District Court and was succeeded by Frederick W. Gnichtel who held the position until 1916 when the present occupant, Erwin E. Marshall, was appointed.

The Mercer County Bar Association was established March 26, 1901. There had been associations in existence prior to that time but the need for organization was not felt and the meetings were irregular. Some years before the establishment of the present organization, the law students of the city formed an association known as the Kent Association which had regular meetings to aid the students in the study of law, and had an annual dinner to which the members of the Bar were invited and which was largely attended by them.

On March 26, 1901, the Kent Association met for the last time and celebrated its last annual banquet at the Trenton House, and was then merged into and thereafter became known as the Mercer County Bar Association. The first officers elected were: President, John T. Bird; vice-president, Robert S. Woodruff; secretary, Frederick W. Gnichtel; and treasurer, Frederic L. Hulme. The following constituted the board of trustees: Bayard Stockton, Frank W. Katzenbach, Jr., John H. Backes. Edwin Robert Walker and James Buchanan.