Page:The Green Bag (1889–1914), Volume 09.pdf/171

Interposed Dougherty, ' Go as Charles the saying of Socrates: 'Three things belong First and your head will not be required.' to a judge: to hear courteously, to consider On another occasion, pleading for a client soberly and to give judgment without par who, when he stood before the jury, showed tiality.' To which may be added for modern six feet and three inches of height, Dougherty times: the judge should be humane as well referred to him as a man of great responsi as just, conciliatory and forbearing with the bility, because nine-tenths of the citizens bar, indulgent to the young and inexperi enced, and especially sympathetic towards were compelled to look up to him. "Dougherty was a great student of strugglers for advancement in their profes Shakespeare. On one occasion, in a capital sion under sullen influences and against case, when answering his opponent — who adverse circumstances. I recall with delight had claimed that the law relating to dying ful reminiscences, as judges before whom I declarations was of modern made law — practiced, those Federal Judges Baldwin and he felicitously quoted these lines from the Grier and District Judge John Kintzing second act of Richard II, to show that the Kane. The latter was the Chesterfield of doctrine was valid as far back as in Shake the bench : physically handsome, and well dressed even to the verge of dandyism, his speare's time : — proverbial politeness was sorely tried by the Have I not hideous death within my view? lawyer who came before him in a slovenly What in the world should make me now deceive, Since I must lose the use of all deceit? dress. I must not pass by Judge George And Dougherty argued that in those poetic Sharswood, who is perhaps best considered lines the reason for the admissibiiity of hear by the profession beyond Pennsylvania, by say dying declarations was better stated reason of his legal writings and legal profes than even in the prose of Starkie, Phillips, sorship in the State University. His career on the bench was remarkable for the fact Greenleaf or Taylor on evidence. that he was never known to imply in any "Upon another occasion, his opponent, degree his personal opinion about the facts contesting some of his theological views, was before him. Supreme Court Judge Wood met by the pleasant conceit in allusion to ward became remarkable for being manythe monogram of his name, Daniel Doug years on the bench in banco without ever herty : ' My friend must remember that my having asked a question of counsel during parents at the very baptismal font con ferred a D.D. upon me.' It was always a argument or having interrupted him. Of treat, even to the oldest judge or lawyer to how many judges could that be said? "It must not be forgotten that the Phila have Dougherty and Ben Brewster — he delphia bar has furnished two illustrious who was President Arthur's attorney-gen eral — meet each other in a case for a keen legal authors, Wharton and Brightly. The encounter of wits. After this was over they latter grandly illustrates his name in his would retire to their club for a cold bottle speeches and writings. "Othercities are wont to chaff Philadelphia and bird; for be it understood that every Philadelphia lawyer is both gourmand and as a sleepy, slow city. Perhaps so in some gourmet in the best sense of those words. respects, yet even in these the City of As longevity is a mark in bench and bar Brotherly Love is safe and sure. Especially in our city, so dieting is for each very excep so in its bench and bar. And it holds his toric place with Boston as a cradle of patri tional. "Our Philadelphia bench will from its otic jurisprudence." And so the writer and the octogenarian inception compare grandly with that of any lawyer parted at the bier of the deceased other. Our judges ever bore in mind the