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338 the Supreme Court, and in 1886 a judge of deed was a condition or a covenant; People the Court of Appeals. His career at the v. Wemple, 115 N. Y. 302, on constitutional bar was distinguished, and his conduct of right of judge to compensation after retire the office of public prosecutor brought him ment on account of age; and in People v. great credit. He was one of the best cross- Budd, 117 N. Y. 1, the elevator case (dis examiners I have ever known. Eminent senting). success attended him as a circuit judge. In Denis O'Brien. deed, it was felt by many that his traits, like Judge O'Brien was born in 1837 at Ogthose of his father, fitted him better for that densburg, and had a common school and office than for the more studious duties of academic education. He was admitted to the appellate bench; but his later career has the bar in 1861. He was mayor of Waterbeen an agreeable surprise even to his town in 1878 and 1879, was elected attorneyfriends. With all his father's fearlessness, general in 1883, and re-elected in 1885 as a independence, and mental force, his preju Democrat. He was elected to this bench dices are not so strong, and he has larger in November, 1889, defeating Judge Haight, legal learning and more of the aptitude of now of the second division. He has been the student. His opinions are notable for an active politician, being a member of the their vigor and for their research. He has | Democratic State Committee from 1880 to opened for himself a shining and useful 1884. His character is excellent, and his career, and is a remarkable refutation of the mental gifts are of a superior order. He popular opinion about the non-inheritance of has the judicial temperament, — grave, re talents. What is here said will be confirmed flective; and deliberate. Judge O'Brien has by a perusal of his judgments in People v. his spurs to win as a judge, having been on Walsh, 41 Albany Law Journal, 4 (dissent the bench only six months; but his opinions ing), the elevator case; Matter of McGrau, already pronounced indicate a fair career. 111 N. Y. 66, on the capacity of Cornell University to take a devise; and Becker v. The Commission of Appeals, the member Koch, 104 N. Y. 394, on the right to im ship of which I have already stated, was a peach one's own witness. highly respectable body of lawyers; but its decisions have never ranked very high, and John Clinton Gray. during the latter part of its existence there Judge Gray is not forty-seven years old. was a great deal of dissent, brought about in He was born in the city of New York; edu my opinion mainly through the excess of cated in Berlin, at the New York University, case-learning over sound judgment in one and at the Harvard Law School; admitted of the later commissioners. The court in to the bar in Boston; practised in the city its lack of harmony resembled a chorus of of New York from 1866 until his appoint "star " solo-singers, which is frequently very ment in 1888 to fill the vacancy caused by discordant. John H. Reynolds was one of the death of Judge Rapallo; and was elected the most acute and ingenious lawyers of his for a full term in the same year. He is a day, but he did not distinguish himself on cultivated scholar and one of the best writers the bench. Of Robert Earl I have already in the court. He appears to excellent ad spoken. The decisions of the Commission vantage in Leslie v. Lorillard, 110 N. Y. 519, are in vols. In one volume there are thir on contract in restraint of competition; Bev- teen cases of dissent, and in vol. 57, ot one eridge v. N. Y. El. R. Co., 112 N. Y. 1, on hundred and fifteen decisions, twenty-three, powers of railroad directors; Hoyt v. Hoyt, or just twenty per cent, were pronounced by 112 N. Y. 493, a will case; Post v. Weil, 115 a divided court. Of these twenty-three, N. Y. 361, on question whether a clause in a thirteen, or about eleven per cent of the