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The Green Bag.

ious that this son should become a pro fessional man, gave him every possible advantage. He was prepared for college in the Academy at Morristown, under the care of an able and successful teacher, whose memory still survives in that town as a most distinguished educator. Mr. White head entered the Junior class at Princeton College in 1814, and graduated in 18 16, with a creditable record. Among his classmates were some very distinguished men, — Mc Dowell, Governor of Virginia; Judge Nevius of the New Jersey Supreme Court, already noticed in these sketches; Senator Butler of the United States Senate; Bishop Mcllvaine of Ohio; President McLean of Princeton College, and others. After graduating Mr. Whitehead taught school for two years, part of that time in the Academy where he him self had been a pupil. He then entered the office of Joseph C. Hornblower, afterward Chief-Justice of New Jersey, and was licensed in 1821 as an attorney, and in 1824 as a counsellor. He began the prac tice of his profession at Schooley's Mountain, having his office in the building called the Heath House, well known as a place of fashionable resort. He remained here for a short time only, perhaps for two or three years, when, at the request of George K. Drake, afterward Associate Justice of the Supreme Court of New Jersey, and who was then in full practice at Morristown, he re moved to that place and entered into part nership with that gentleman. From that time until his death he continued to be a resident in Morristown. The partnership with Mr. Drake did not long exist. Mr. Drake was appointed Jus tice in 1826, when of course the business con nection between the two gentlemen ceased, and Mr. Whitehead continued the practice alone. He very soon gained the respect and confidence of the community by his great integrity, and secured a very large clientage by his strict attention to business, and devotion to the interests of his clients. He had no particular specialty in his prac

tice, — county lawyers could not become specialists, — but his services were very often required by his numerous clients, as trustee, executor, and guardian. For these positions he was peculiarly equipped, being a careful, prudent man, of great business capacity and thoroughly trustworthy. On the third day of November, 184 1, the term of Judge Ford expired, and Mr. White head was elected to fill the vacancy on the Supreme Court Bench. He assumed the duties of the position at the time when there was an array of the ablest and most brilliant lawyers that were ever found in the history of New Jersey; in fact, no abler lawyers ever existed anywhere. These men appeared be fore him and argued their causes. In many respects this was an advantage to the new Judge. He had the benefit of their wisdom, of their experience and their great abilities. But it was a severe ordeal for him. He must measure swords with these expert gladiators in the mental arena. His first experience in a murder trial was a most peculiar and an exceedingly trying one, — the case of Thomas Marsh, already noticed in the sketch of Chief-Justice Hornblower. The counsel for the prisoner — a father and son — were two of the ablest men at the Essex County Bar. The father had been an oppos ing candidate for the nomination of Judge, and was very much exasperated by his de feat. He was an impulsive, high-spirited, quick-tempered man. Influenced by his zeal for his client, and perhaps actuated by other motives, he gave way to his passion, and indulged in a course of conduct which obliged the Judge to order him into arrest for contempt of court. No one regretted the circumstance more than did the offend ing lawyer, for with all his faults he was a high-toned, honorable man. The forbear ance, the dignity, and Christian bearing of Judge Whitehead were remarkable, and, under the circumstances, it was a most try ing ordeal. Before the close of the trial and during the summing up of the testimony by the senior counsel of the prisoner, he