Page:The Green Bag (1889–1914), Volume 03.pdf/402

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The Supreme Court of New Jersey. removed; and his first Chief-Justice, fearful that he too might be removed, resigned. Roger Mompesson, from the time of his resignation, disappears for a short time from the history of New Jersey. He will again appear in the same judicial position, but he is best remembered as the pliant tool and base adviser of the worst governor who ever ruled in New Jersey. William Pinhorne was associated with Mompesson as the second judge of the Su preme Court. He would now be called an associate justice. Before he became judge in New Jersey he had served in a prominent judicial position in New York. He became ex officio Governor of New Jersey when Lord Cornbury was removed. He had been a merchant in the city of New York, and was a member of the Council of that colony until 1692, when, being a resident of New Jersey, he was not allowed to take the oath of office. He purchased, during the latter part of the seventeenth century, a large plantation near Snake Hill, between Newark and Jersey City, which he called " Mount Pinhorne." This property is mentioned in that curious production called " The Model of the Government of East Jersey," printed in Edinburgh in 1685, and written by George Scot of Pinlochie of Scotland. Mr. Scot says : " Next unto Snake Hill is a braw Plantation, on a piece of Land almost an Island, containing 1,000 & 1,200 Acres, be longing to Mr. Pinhorne, a Merchant of New York, and one Edward Eickbe. Its well improved and Stokt. Mr. Pinhorne payed for his half 500 lib." Mr. Pinhorne was a hospitable man, and had quite a large family. Some of his de scendants are still resident in New Jersey, among whom are the children and grand children of the Hon. Joseph C. Hornblower, at one time Chief-Justice of New Jersey, and one of the most distinguished men who ever adorned the judiciary of the State. Chief-Justice Mompesson was a bachelor when he reached this country. He became a frequent visitor at the house of his asso48

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ciate judge, and the result was that Martha Pinhorne became Mrs. Mompesson. Judge Pinhorne attached himself warmly to Lord Cornbury, and became one of his stanchest adherents. He supported the Governor in his quarrels with both people and Assembly. A paper was prepared, most probably by the Governor himself, addressed to the Queen, intended to answer the remon strance of the Assembly against Cornbury, which assailed the Legislature and some of its individual members in the most slander ous terms. The address was circulated se cretly, and although bearing a semi-official character was never entered on the minutes of the Council. Judge Pinhorne signed this paper, and when called to account for his action had not the manliness to avow the act, but evaded responsibility. In fact, there was only one man among the signers who had the moral courage to defend his action. He not only did that, but refused to apolo gize, and was expelled from the Assembly. Pinhorne took his seat on the bench in November, 1704. It would have been im possible for him, if he had followed the lead of his son-in-law, to have escaped the cen sure which attached to Mompesson. He undoubtedly concurred with the Chief-Justice in all his rulings relative to the indictments for seditious words spoken of the Governor. He became quite unpopular, and received very severe rebukes from the Assembly. Among other charges made against him was the very serious one that he had re fused the writ of habeas corpus to Thomas Gordon, Speaker of the House of Assembly, and allowed him to remain in custody until the prisoner had obtained the services of the son of the judge, who was an attorney. It must not be forgotten, however, that the Assembly, from which body came the fiercest denunciation of the two judges, were factious, too often inconsistent with them selves, and not observant of the rights of those in authority. Lewis Morris, who was the idol of the Assembly while these squab bles between the Governor and the popular