Page:The Green Bag (1889–1914), Volume 02.pdf/561

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The Green Bag.

dore Vanderbilt. In 1870 Mr. Rapallo was elected a Judge of the Court of Appeals, and solicited Mr. Beach to come to New York City to take his place in his firm. Mr. Beach removed to New York City in the summer of 1870, and formed the firm of Beach & Brown, consisting of himself; his son, the Hon. Miles Beach, now a Judge of the Court of Common Pleas of the City of New York; and Augustus C. Brown, who had theretofore been the partner of Judge Rapallo. Though well known as a lawyer and advo cate throughout the State of New York, Mr. Beach at this time had little reputation be yond the limits of that State. He at once acquired a national reputation, largely by reason of the celebrated cases in which he was constantly engaged, and the wide cir culation of metropolitan newspapers which carried the reports of these cases throughout the country. From 1870 until near the time of his death, in June, 1884, he was engaged in most of the great cases tried in the city of New York. An enumeration of these cases, with a few extracts from his addresses, may serve to give the reader some understanding and appreciation of Mr. Beach's position at the metropolitan bar, and of his style and manner as an advocate. He continued and finished the railway litigations in which Commodore Vanderbilt was then involved. He was one of the counsel for William H. Vanderbilt in the celebrated contest over Commodore Vanderbilt's will. He was the leading counsel for the plain tiff in the divorce case of Brinkley v. Brinkley, in which a marriage was established by evidence of cohabitation and the holding of each other out as husband and wife. The following extract from Mr. Beach's address to the jury on that occasion affords a good illustration of his style: — '•Evidence of marriage! May it please your honor, what is evidence of marriage?

Why, living together, may it please your honor; cohabiting together, may it please your honor; introducing each other as man and wife; walking in the sacred relations as such; rearing up children together, may it please your honor; that going down into the valley and shadow of death that a wife assumes in such relations. And for all these they were married : they were married when he enjoyed the bloom of her youth and loving tenderness; married when he drank deep of her heart's young affections; married when it flattered his fancy to control her beauty. But when we come to that after-stage of life, where the fire and fervor fade from the eye, and age comes stealing over the features and dims their brightness, — when, of all times, marriage is to life most sacred, when they should be leading each other hand in hand down the western slope of life's steep hill, to rest to gether at its foot in a long repose, — just as they entered on that sacred journey, then it is that this monster of humanity seeks to cast her off, and bastardize her children! Not mar ried! not married! Who, then, is married?" In June, 1872, he was the leading coun sel in the defence of George G. Barnard, a justice of the Supreme Court, who was tried on articles of impeachment presented by the Assembly, before the Court for the Trial of Impeachments, consisting of the Court of Appeals and the Senate of the State of New York. Though Judge Barnard was convicted and removed from office, opinion was unanimous as to the great ability and eloquence with which his defence was conducted. The following extracts are taken, some what at random, from his speech on that occasion. After quoting a passage from the speech of Sheridan on the trial of Warren Hastings, Mr. Beach continued : — "If you please, Mr. President, I commend that sentiment to the consideration of the court. I demand legal justice for this respondent. I care not how severe and rigid it may be, but justice is my plea, although I know that by the strict course of justice none of us shall see