Page:The Green Bag (1889–1914), Volume 03.pdf/492

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The Supreme Court of New Jersey. manifested unmistakable evidence of aberra tion of mind. This placed the Judge in the most delicate position. The manner in which through the whole trial he had met the difficulties of the case had elicited universal respect, but here was a new dilemma, to meet which there could have been no pos sible preparation. It was met, however, in a manner which only increased the admira tion of those present.

Marsh was convicted; the verdict was sat isfactory, so far as the guilt of the pris oner was concerned, although the evidence against him was en tirely circumstantial. But the Judge was not satisfied. The de fendant had not had the benefit of all the appliances for defence which he ought to have had, and his sense of justice was aroused. The sound com mon-sense of Judge Whitehead made him a very valuable ad dition to the bench. His opinions were IRA CONDICT always carefully pre pared after the most patient investigation and careful research, and were always regarded with great respect. The earliest delivered by him was in the case of Den vs. Allaire, which was a most important case, involving many intricate and abstruse principles of law. The cause was argued by the most eminent counsel in the country. The opinion of the court, which was unanimous, was delivered by the Judge, and showed an immense amount of labor and a thorough examination of the subject. All cases presented to Judge Whitehead received the most patient and industrious

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investigation, and his decisions found in the reports only serve to enforce the respect that is due to a learned and laborious jurist and impartial judge. He served only one term; when that ex pired, the Governor of the State was a Dem ocrat, and although greatly desirous of re appointing Judge Whitehead, he yielded to the demands of his party, and a Democrat succeeded. The Judge returned to his practice in Morristown with con siderable success, but, having secured a com petency sufficient for his simple habits of life, he finally ac cepted a seat on the bench of the Com mon Pleas of Morris County, where he served for one term. He then retired from active practice, con fining his business to the care of the many estates of which he was executor and trustee. A few years before his death he suffered from a slight attack of paralysis, WHITEHEAD and finally died of apoplexy in 1867. Thomas P. Carpenter was born in 1804 in the southern part of the State. His father, who had the charge of one of the glass works at Glassborough, died when he was very young, and his grandfather took him to his home, and provided for his support and tuition. He received the advantage of a liberal education, and after graduation be gan the study of the law in the office of John Moore White, afterward an Associate Justice of the Supreme Court. He was licensed in 1830, and in 1838 he was made Prosecutor of the Pleas for Gloucester