A YEAR BOOK
PUBLISHED ANNUALLY BY THE
OF THE ALBANY LAW SCHOOL
ALBANY, NEW YORK
Volume XICopyrighted, 1931
Domenic L. Streppa and Homer K. PetersBoard of Editors
HOMER K. PETERS
Business M anager
DOMENIC L. STREP PA
. 1 ssisia nt Editor-in-( 'h ief
Stephen L. Waszkiewicz
Lester R. Mosiier
Assistant Business Manager
Clinton S. Cole
Senior Art Editor
Reuben A. Lazarus
A ssociate Editors
Robert G. Ahlheim Samuel M. Hesson
Robert F. Fitzgerald Edward L. Keenan
James R. Hanley Philip G. Rosenberg
Laurence Berghash Harold Segal
John C. Crary Henry Tasker
Junior Art Editor
J. LeRoy Kniskern
Freshman Art Editor
John ('. CraryTo
RALPH E. ROGERS
Teacher, Counsellor, and Gentleman
The Class of 1931
FRANK PARKER DAY, A.M., D.Litt., LL.D.
BOARD OF GOVERNORS
President, ALDEN CHESTER, L.H.D.
Vice-President, AM ASA J. PARKER, LL.D.
Secretar} , IIAROLD J. 11 IN MAN, Pii.B., A.M., LL.B.
Frank Parker Day, A.M., D.Litt., LL.D. .
Nicholas V. V. Franchot, A.M.................
Edwin W. Rice, Jr., Eng.D., Sc.D.
Edgar S. Barney, Sc.D....................
Franklin II. Giddings, LL.D..................
Frank Bailey, LL.D...........................
Willis T. Hanson.............................
Charles B. McMurray, A.M.....................
Willis R. Whitney, Ph.D., Sc.D...............
ALBANY MEDICAL COLLEGE
Alden Chester, L.H.D.........................
Amasa J. Parker, LL.D........................
ALBANY LAW SCHOOL
Harold J. IIinman, Ph.B., A.M., LL.B.
Ellis J. Staley .....................■
DUDLEY OBSERVA TORY
Benjamin Walworth Arnold................................... Albany
Frederick W. Kelley........................................ Albany
ALBANY COLLEGE OF PHARMACY
Albany Law School
BOARD OF TRUSTEES
AMASA J. PARKER, LL.D Albany
HAROLD J. IIINMAN, Ph.B., A.M., LL.B. Albany
JAMES V. COFFEY, LL.B ■ ■ Troy
FRANK L. WISWALL, LL.B Albany
A. PAGE SMITH, LL.B Albany
Frank Parker Day, A.M., D.Litt., LL.D Schenectady
Wilber W. Chambers, LL.B Xew York
Walter W. Law, Ph.B., LL.B Sew York
Ellis J. Staley Albany
Charles S. Stedman, Ph.B., LL.B. Albany
Charles B. Sullivan, A.B., LL.B. . .... Albany
Seymour Van Santvoord, A.B., LL.B. Troy
William L. Yisscher, LL.B. . Albany
w11Harold D. Alexander, LL.B., A.M.
Dean of Faculty
LL.B., Albany Law, 1895; A.M., Union; District Attorney Albany County, 1914-
1919. Lecturer on the law of Real Property, Criminal Law, Agency,
Newton B. YanDerzee, A.B., LL.B.,
A.B., Williams. 1892: LL.B., Albany Law.
1893; I). Pd., New York State Teachers Col-
lege: Surrogate of Albany County. 1900-1918.
Lecturer on the law of Wills. Executors and
John T. Fitzpatrick, A.B., LL.B.
A.B.. Cornell. 1900; LL.B., Albany Law,
1903; State Law Librarian. 191.5-1980. Deputy
Supreme Court Reporter. 1930- .
Lecturer on Legal Bibliography.
Roland Ford, LL.I3.
LL.B.. Albany Law, 1907.
Lecturer on law of Evidence, Torts, Negli-
gence, and Insurance.
Raymond F. Allen, A.B., LL.B.
A.B., Colg' , 1917; LL.B., Albany Law,
1921; Law .assistant Stale Department of
Lecturer on Fundamentals of the Law,
Public I’tilitics, and Practice and Procedure.
10Charles J. Tobin, LL.B.
LL.B.. Albany Law, 1904; Counsel State
Tax Commission, 1918-1915; President New
York State Tax Association. 1924-1925.
Lecturer on the law of Assessment and
Charles H. Andros, C.E., LL.B.
C.L.. Rensselaer Polytec’ ric Institute, 1907;
LL.B., Albany Law. 1920; 'xaminer U. S.
Patent Office. 1920-1921.
lecturer on Patents. Trademarks and Copy-
rights, and Conflict of Laws.
17ISADORE BOOKSTEIN, LL.B.
LL.B.. Albany Law, 1915; Assistant District
Attorney Albany County. 1920-1921; County
Judge Albany County. 1921-1922.
Lecturer on Practice Court Work.
Andrew Y. Clements, LL.B.
LL.B.. Albany Law, 1919.
lecturer on Current Law. Quasi Contracts.
Personal Property, and Partnership.
Ralph E. Rogers, A.B., LL.B.
A.B., Yale. 1901; LL.B., Columbia, 1908;
Lecturer Columbia I’niversity, 1913-1917,
I-coturcr on Contracts. Equity and Trusts.
Constitutional Law. and Negotiable Instru-
9Francis Kelliher, A.H., LL.B.
A.B., Yale, 102 2: LL.B., Albany Law. 1026.
Lecturer on the law of Damages, Domestic
Relations, and Corporations.
Austin B. Griffin, LL.B.
LL.B., Albany Law, 1007; Supreme Court
Lecturer on the law of Sales.
20The: Point Is
Homer E. Peters
Baldwin C. Chittenden, Jr.
Eugene J. Steiner
Leo G. Kane
Robert George Ahlheim, A.B. Albany
Devius Own; Kappa Beta Phi; Verdict Board.
“Joe Smooth." What Brooks Bros, can do for a man.
“ Well. I don’t think so Dean." Member of the Benedicts.
“So 1 had one more drink of rye and left." Baron Munn-
chausen's only rival. Author of “ A Week-end at Colgate .
One of our practical minded lawyers. Has spent years in
developing his moustache.
Athlete, librarian, student, and play-boy. “Xaw, I don t
want my picture taken." Ray Allan’s only rival. Member
of the Mother Goose Club. Never does anything except
New York Cases. Justice of the Peace candidate. Star
witness in Chancery trials. “So 1 got mad and shoved him
into the bleachers." A thorn in the side of the Republican
Party of the Town of Schodaek. The star that tailed.
“I, i. Sir."
Charles Michael Becker, Jr. Rochester
Forum (1); Cap and Gown Committee; Phi Sigma
An Attorney General in the making. “All good things
come from God.” The mystery man of the class. A real
plugger. Chief diversion, walking home with a member of
the fair sex late in the evening. Smokes " briefs” as well as
writes them. Charter member of the Mother Goose Club.
Harry Arthur Allan Hast Schodaek
Chancery; Basketball (1, 2. 3); Senior Ball Committee;
Vice-President (2); Volleyball; Interclass Baseball.
John Paul Brennan, A.B. Rochester
Forum (1. 2, 3); Chancery; Law Review Board; Mana-
ger of Intercollegiate Debating; Class Secretary (1).
Member of Brennan, Conley, and O'Reilly. Never agrees
with the Dean. Magician extraordinary. Keeper of the
books. Knows all the latest tricks and illustrates in the
smoking-room evenings from 7.30 to 10.25. At 10.25 he
puts away the six books. Earns his tuition by pitching
nickels. “Just call me Boon."
Samuel Edward Brown
Chancery; Kappa Beta Phi; Law Review Board;
Basketball (1); Volleyball; Interclass Basketball;
Interclass Baseball; Athletic Board (2. 3).
Retired athlete. “I'll take two and make 'em good."
Captain of all interclass teams. Veteran Kappa Beta.
Best little objector at Chancery trials. Always blushes
when he doesn’t have the case. Ex-politician, ran for
President in his freshman year, but the machine beat him.
Sometimes called the Blonde Beast. Better known as
James John Carroll Cohoes
Forum (1. 2); Senior Banquet Committee, Chairman;
The answer to a maiden's prayer. No relation to Carol of
Roumania, although rumor hath it that he has caused
quite a furor among the women. Plays at politics and
studies law for the love of the game. Most particular
about his briefs. Will not borrow one which varies from his
exact specifications. Studies law in the Appellate Division
Library during the recesses in the trials of the Supreme
Court. Likes fun, the law. the Dean, and the Irish.
■ibMaurice Brannan Conley, A.B. Fulton
Forum (1. ‘2. 3); Chancery, Chancellor; Intercollegiate
Debates; Junior From Committee; Volleyball; Inter-
"The Sick”. Gained his fame by his work on the case of
“The Girl with the Green Packard". Notre Dame's
contribution to Albany Law. Has retained his individual-
ity despite three years of constant exposure to the rays of
O'Reilly’s luminous legal powers. It is said that he and
Newt go out every Saturday night upon a new clue as to
the whereabouts of “The Legal Mind".
George Francis Curley
Devil's Own; Senior Ball Committee, Chairman;
Interclass Basketball; Interclass Baseball.
Troy to Albany via the 8:00 A.M. local. Talks little, works
a lot. Holds down one of the tables in the State Educa-
tional Library. Gives the impression of being in love. Does
not drink, smoke, chew, or swear. Never been known to
miss a dance. Generally believed to be the author of
" Let George Do It ".
Baldwin Charles Chittenden, Jr. Albany
Devil’s Own; Class Treasurer (8).
Great admirer of men who get by without doing cases.
Writes a perfect brief. Syracuse is not only his alma mater,
but also his Mecca. Has established a regular monthly
schedule between Albany and Syracuse and will maintain
it as long as there is a road. There must be gold out thar,
or something equally attractive. Our idea of a gentleman.
Frangis William DeCamilla Hudson Falls
Forum (1, 2); Basketball (2); Cap and Gown Commit-
tee; Volleyball; Interclass Basketball; Interclass Base-
“The Big Atom”. Sometimes known as “The Bow-legged
Terror”. “I'll explain that after class, Mr. DeCamilla.”
Arrives at 9:80 sharp each morning. Prefers the Knicker-
bocker Press but will read the Troy Record if necessary.
Authority on ” How. When and Where to Ask a Question.'
Merrill Samuel Effrox Poughkeepsie
Devil's Own; Basketball (1, 2, 8); Cap and Gown Com-
mittee; Volleyball; Interclass Basketball.
Studies law while lie sleeps. Expert poker player. “ I can't
see where—. ” Will bet on anything. Reads cases with
Goldberg at the State Educational Building. Always pays
his debts. Diogenes throw away your lantern. Buys the
paper for DeCamilla every morning. Member of the
Mother Goose Club. “I’ll stand pat."
Joseph Harold Eixhorx, A.B. Alining
Forum (1. 2. 3); Devil's Own; Senior Ball Committee;
Class Treasurer (1); Junior From Committee.
Writer of long briefs. Reads very fluently. Suspected of
spending his spare time in Troy. “ Well, in this here
case—." Wakes up EfTron at the end of every class.
Supplies his class neighbors with the latest briefs. Forum's
Robert Francis Fitzgerald Utica
Verdict Board; Interclass Basketball; Chancery.
The Utica Flash. From tennis star to lawyer in one vol-
ume. Seems to have that tired feeling. Seldom seen doing
cases, but always has them. Fit lives on Lancaster Street
so. of course, lie's not married. Girls, here he is. come
and get him. Has those wild Irish eyes. A great pal of
George William Gloning, Jr. Gloversville
Justinian; Chancery; Kappa Beta Phi; Law Review
Board; Volleyball; Interclass Basketball; Interclass
“Here I am girls." Gloversville’s gift to the Justinians.
“ Your deal. George." Gave up doing eases after he became
a Justinian. Supposed to have a legal mind. Home town
boy makes good. Plays a dashing game of basketball.
Smooth boy with the ladies. Always dances in front of the
orchestra. Wears a wind blown bob. “I'd rather be right
than President.” Balances his check book every morning.
Member of the Lancaster Street gang.
Alexander Goldberg Poughkeepsie
Invitation Committee. Chairman.
Taxation without representation. Greatest little grind in
the class. Never caught without a ease. Has that skin you
love to touch. One of the boys from down the river. Owns
one of the tables down at the Ed. Building. “Did you see
that BABY? They never made 'em that way down
James Robertson Hanley Perry
Forum (1); Chancery; Kappa Beta I hi; Verdict
Board; Junior Prom Committee, Chairman; Gamma
Future Judge of the Court of Apples. NN hen the marks
come out. Jim steps out. Girls, you should see him. Strep-
pa's right hand man. Member of the Lancaster Street
mob. Devotee of the pasteboards now and then. Never
fools with the Dean. Chancery’s leading trial lawyer.
Always laughs at Clonings "jokes”. Young Loehinvar
from out of the West.
Newton Jay Herrick, Jr., A.B. Canajoharie
Forum (2. 3), President (3); Chancery; Volleyball;
Junior Prom Committee.
The Silo Vance of the Law School. Takes O'Reilly out to
lunch every day. Example of what a well-dressed man will
wear. Never known to become excited. Noted for his
summations at Chancery trials. Takes the Dean seriously,
leader in all Forum activities. Writes the longest briefs in
the class. A gentleman.
Samuel Moodie Hesson, A.B. Watervliet
Forum (1. 2); Justinian; Chancery; Law Review Board;
Intercollegiate Debates; Verdict Board; President (1);
Junior Prom Committee; Volleyball; First Trustees'
Very little to “kid" Sam about. Went to sleep once in
Corporations. Only once without a case in three years.
Enjoys explaining the mysteries of the law. Has received
many honors from the school and the class. We only regret
that we have no more to confer. To use the time-worn
expression sincerely. “A Gentleman and a Scholar .
29Henry John Horstman, A.B. Schenectady
Senior Banquet Committee.
“Our Hencry”. A faithful member of the Commuters’
Club. Spends the first hour recovering from the nervous
strain of Wemplc's fast driving. Spends the last hour
packing the brief ease for the return trip. Enjoys reciting
for the Dean. Charter member of the smoking room divi-
sion of the Court of Appeals. I'nderstands all the fine
points of Real Property and Oysters.
Chancery; Kappa Beta Phi; Basketball Manager (8);
Athletic Board (8).
•‘The Senior Class Play Boy". Keeper of the jug. Leading
candidate for the smoothest boy with the ladies. Delights
in arguing with Mr. Clements. Won distinction as one of
the few to receive a conviction in Chancery Court. "'Tis
well. Tis well."
Harold Edward Jacobson
Leo George Kane
Devil’s Own; Class Secretary (3).
Lieutenant Kane, our own military expert. “ Line 'em up.
Makes life miserable for attorneys at Chancery trials in
their attempted cross-examinations. Reads all the cases
and knows the District Attorney’s middle name. Is
accomplished in the art of filibustering when it is about
time for the bell to ring. As proof of his popularity Leo
was the only "anti-organization" candidate to be elected
to class office in three years.
Edward Louis Keenan Le Roy
Forum (1. 2); Devil's Own; Verdict Board; Volleyball;
Interclass Basketball; Class Treasurer (2); l’lii Sigma
Kappa; Class Prophet.
Poet, humorist, and golf player. lias never been known to
lose his good humor. Attends both Albany Law and
State College. Seldom seen doing cases but always has
them. Likes “stud", but never refuses to play “draw".
“Our trumpeteer". Leading light on the kkdict Board.
“Where would England be if it weren't for The Irish.
Excels at dancing and pool.
Reuben Avis Lazarus Albany
Forum (1.2. 3); Verdict Board, Art Editor; Phi Sigma
Michael Angelo of the Verdict. Tammany's chief tiger.
Recited for fifteen minutes upon a Chinese murder ease,
accompanied by a symphony orchestra. In his spare
moments he sees that the Legislature does no harm to
little old New York. “Just tell us in a few words what you
know about clams, Mr. Lazarus." Gives half the Senior
(.'lass a ride down town every noon. Charter member of the
Salvatore John Leombruno Glens Falls
Invitation Committee; Junior Prom Committee.
Another Benedict. Better known as "Sally". His chief
interests in life are the wife and baby. Keeper of the school
calendar, knows when every course begins and ends. One
of the smooth boys. Worked his way through school and
all the cases, too. “I'm a barber, a lawyer, and also a
Edward Pius Loeser, A.B. Rochester
Invitation Committee; Vice-President (1); Volleyball.
“The Admiral". Noted for opening windows on all cold
mornings. "It seems—." The librarian whom Fitzpatrick
doubted. Our HE-MAN’. Finder of all miscited cases.
Chief diversions, skipping rope and handing out notes.
The Tarzan of the Law Books. The sailor who never
John Sutherland Marsh Niagara Falls
Forum (1. 2, 3); Intercollegiate Debates; Senior Ban-
quet Committee; Cardozo Prize Debate (2); Phi Sigma
An apparently serious person, but we know that he has his
weak moments. Divides his time between the smoking
room and the library. Has never missed a bull session.
Likes to ask the Dean questions. "What I want to know
is—." Ardent rooter at all basketball games. No debating
team is complete without him. Member of “The Silent
Three", Marsh, Mountain, and DeCamilla.
George Walden McTsaac, B.S.
Devil’s Own; Invitation Committee.
Practical, even-tempered George. One of the few men in
our class who knows the value of going your own way,
going all the way, and going alone. Champion process-
server of the class, and mainstay of a Troy office. But
“still waters run deep", as a confession on our editorial
shoulder once revealed. Do you still remember that trip
to New York, George?
,CMH¥€[EJa E€€ JQllSm
Ernest Brougham Morris, A.B. Albana
Forum (1, ‘2. 3); Chancery; Law Review Board; Inter-
collegiate Debates: President (‘2); Cardozo Prize De-
bate (2) first prize; Volleyball.
His place in the class estimate was defined when he be-
came our second president, and no one will deny that he
has been one of the biggest men in our ranks. And speaking
of bravery, he was one of the first men in the class to
marry; he staged a come-back in debating what was a
come-back; and he fought valiantly with the minority, in
our political battle.
Lester Rood Mosher, A.B. Sen; Berlin
Forum (1. 2); Devil's Own; Intercollegiate Debates;
Verdict Board. Managing Editor; Volleyball; Gamma
"What is life, without a wife", eh, Le$? Les once tried to
make an enemy and had to give it up. Now lie is dis-
tinguished for his Mark Twainish humor. His extensive
writing at Hamilton Iwire fruit on our Editorial Staff, and
we're all mighty grateful. But how can you spend so much
time on your cases. Ix?s, with such a sweet better-half in
William Henry Mountain, Jr. Glean
Forum (1. 2); Athletic Board (1); Senior Ball Commit-
Rumor has it that the Junior league flag is to be at half-
mast the day Bill says “Good-bye" to Albany, or is it
only “Au 'Voir"? And tell us. if you can. how this ser-
ious. dependable student can combine high marks with
high flying. There was one non-stop flight after a basket-
ball game which concededly takes first prize. The modern
James Miles O’Reilly Rochester
Forum (1. 2. 3), President (2); Justinian; Chancery;
I.aw Review Hoard; Intercollegiate Debates; Second
Trustee's Scholarship (1. 2); Volleyball; Interclass
We hear Jim once piled up some library tables, but we’ve
never seen him pile up anything but books in our library.
That he piled the latter to advantage has been amply
demonstrated, for but once in three years has he delivered
anything but a smooth recitation, besides being a leader
in debate, mock-trial, and political activities. And altlm
a very eligible young man. the girls don’t seem to be able
to discover anv bait which attracts him. Disciple of Walter
Joseph Francis O’Rourke
Devil’s Own; Senior Banquet Committee; Interclass
I'p on the milk train every morning from the distant city
of Hudson. Authority on "All-American Football Teams’’.
“ I was just going to sum up." Resides in Buffalo for pur-
poses of taxation. Heer. baseball, and dissenting opinions
are his chief hobbies. Member of the Mother (loose Club.
Homer Elias Peters, A.B. Mechanicville
Forum (3); Chancery; Law Review Board; Basketball
(1. 2); Editor-in-Chiff of Vekdict; President (3);
Junior Prom Committee; Intcrelass Basketball; Inter-
“Pete”. One of our married men. We don’t blame him.
If the trainmen on the Mechanicville local should strike,
he'd never graduate. Batteries for today's game. Peters
and O'Rourke. Can’t get him into a library when the
World Series is on. N'or out of it when it's over. No, it
wasn't tipping beer steins that wrinkled the back of
Pete's collar, it was looking at a paragon board. We hope
that next Christmas Santa will bring him a nice labor un-
ion to play with.
Senior Hall Committee.
“Bill”. That irresistible profile. Keen boy. They're wait-
ing for him in every hamlet east of the Mississippi. They
love him because iie smokes a pipe, but how can they
stand that Union Leader? Remember. Bill, pipes "don’t
go" in drawing rooms. The credit agency’s sleuth. I labitue
of Skidmore tea dances. Bradford Academy. 3 to ( , and
two chaperons. What a situation for a red hot. lie-guy
“Phil". Unostentatious, but he gets the law. Relentless
reviewer for exams. Poker daily on the train from Hudson.
We’ll dedicate the Ed. Building to Phil. Never caught
without a case until one day someone feloniously purloined
his briefs. He buys his cigarettes in drug stores—maybe.
Those Fire-house dances! Too short to stagger.
William Arthur Schmitt, Jr.
Philip George Rosenberg Hudson
Verdict Board.Eugene Joseph Steiner, B.S. Albany
Forum 0. ‘2, 3); Justinian; Devil's Own. President; Law
Review Board. Editor-in-Chief: Vice-President (3);
First Trustees' Scholarship (1); Patents Prize; Cor-
poration Prize; Intercollegiate Debates.
Incomparable man who knows all. sees all, and tells all.
Burner of the midnight oil. Judge of all disputed points of
law. Reformer of Devil’s Own, led them out of the depths
of Hades. Guiding hand of the Law Review Board. Bril-
liant student. Explains the law to the Dean. We admire
his taste in women. Justinian Gene.
Domenic Leo Streppa Fairport
Forum (1. 2, 3); Chancery; Kappa Beta Phi; Law
Review Board; Basketball (1); Business Manager of
Verdict; Athletic Board (1. 2. 3); Junior Prom Com-
mittee; Volleyball; Interclass Basketball; Intcrelass
Baseball; Gamma Eta Gamma.
Member of the Lancaster Street Club. “I'll raise you
five.” With Strep as Business Manager the Verdict is an
assured financial success. It must be great to be in love.
Retired athlete. Takes twice as long as anyone else to do a
case, but gets them done. Mathematician of the Real
Property Class. One of our veteran week-enders. Holder of
all speed records from Albany to Potsdam. "It’s as plain
as the nose on your face."
Stephen Leon Waszkiewicz, A.B.
Forum (l. 2); Devil’s Own; Law Review Board; Ver-
dict Board. Assistant Editor-in-Chief.
"Steve". A Phi Beta Kappa who doesn’t like to wear his
key. How one man can do so much in twenty-four hours is
beyond us. Can tell you anything that has happened in
Albany since his arrival. Will talk on any subject. Dis-
likes post mortems. The only man to ever pass an exam
while in the hospital. “My pal." Really has a legal mind.
■SC,Archibald Ci llings Wemple, A.B. Schenectady
Cap and («own Committee, Chairman.
Driver of the fast Schenectady Express. East to the road.
Our Archie finally joined the Benedicts. The man who did
every case in Patents. “Well, in this case ." I'sed to go
to Washington, but now he stays with the wife. Began his
career as an insurance salesman, but his conscience failed
him. Here he is. girls. I just know you'll like him.Senior Class History
THE history of the Class of 1931 is not unlike the parable of the sower
of the seeds as it is related in the Bible. The members of the Class who
are but the seeds of budding lawyers have met with various fates. Some
students have fallen by the wayside of examinations, and some have been unable
to continue because of various circumstances. Originally we were fifty seven; but
even with the addition of Marsh and Herrick, who were not with us in the first
year, we are now only forty.
It was in September of 1928 that we first came together. The Lancaster
Street School building was still in use, and it was there that we received our first
instructions in the law. Shortly after the opening ceremonies, Mr. Fitzpatrick
explained the unforgettable “Infants 50“; and in a few more days, when Mr.
Kelliher assigned his first three cases in Domestic Relations, our interest in law
promptly increased. After months of cross-examination on the cases assigned, we
were convinced that to arrive at the right answer we had to go through a process
of mental gymnastics, and this conviction remained until the last of the Senior ear
when it dawned upon us that it was usually cerebral inertia when we gave the
“Rule in Massachusetts”.
For the first few weeks the briefing of cases occupied most of our time, but in
due time Freshmen (’lass elections were held. Though the struggles at the nomina-
tions and the polls were bitter, the battles brought out closer friendships and con-
tacts. Sam Hesson was elected president by a scant margin, and his diplomacy
soothed the disgruntled campaigners.
At the start of our second year a serious problem controuted us. The New
Scotland Avenue School was so new and so ideal that at first no one telt altogether
comfortable, and it was some time before the yearning for the old building left us.
It seemed a desecration to act as carefree in the new building as we had in the old
school. But. with the coming of winter and the games in the gymnasium, our opinion
was changed. The ( lass Leagues were organized in volleyball and basketball, and
the contests played were more replete with enthusiasm than with physical endu-
rance. The ('lass of 1930 finally won in both leagues but only after keen competition
and many bruises.
In the second year we chose Ernie Morris as our leader and he proved to be a
wise choice. Due perhaps to the fact that there were adequate accommodations in
the new building, our social activities increased during this year. The Dean’s
Reception was the first affair, and this proved to be even more enjoyable than
one held in the 'ten Eyck Hotel in the previous year. After the mid-year examina-
tions were over we held our Junior Prom, with Jim Hanley acting as Chairman, and
through his efforts and those of the Committee, the dance was highly successful.
The Forum Smoker was another of the activities which proved highly entertaining.
Mr. Uosbrook, the Instructor in Corporations, died during our Junior year
after a very short illness. In addition to being a teacher of exceptional ability he
had been the Faculty Advisor of Chancery, and had presided over its Trials. His
passing was deeply mourned by members of the ( lass.
Finally we became Seniors, and instead of following the accustomed practice
of becoming dignified, the opposite was true. The extra Practice class for “Yes' or
“No” questions became a period of general warfare, and no few insults and batteries
were perpetrated there. Brief cases and esoteric articles of clothing were spirited
away from the owners by means of a mysterious but efficient underground rail-
road; and nail files became weapons to be used in combat. But, despite the influence
of the nursery rhyme period, the Senior Class elections went off much more quietly
than the balloting had in the past. Homer Peters was elected to the presidency
with very little opposition. By this time the love of strife seemed to have worn off,
so far as politics were concerned.
Chancery and Devil’s Own, both exclusively Senior Fraternities, were the
most active of those in school. The Chancery Society held a complete circuit of
mock trials in which every member of the Fraternity had an opportunity to act
as attorney. Mr. Rogers, the new Faculty Advisor, and Dean Alexander, and Judge
Kogan of the Municipal Court of Albany presided at these trials. Among the high
points of these trials were the conviction of Mountain and the finding that Hanley
kept a speakeasy. Devil’s Own adopted the policy of having guest speakers at the
semi-monthly luncheons. These speakers were usually specialists in some depart ment
of the law and proved to be instructive as well as entertaining. The activities of
these two organizations were confined mainly to the first semester.
At the start of the second semester the interclass athletic games in volleyball
and basketball were commenced. At the present writing the outcome of these
leagues is still in doubt. The Seniors gained the Championship of the Suicide
Basketball League for the first half, and are expected to repeat in the second cir-
cuit because of their recent victory over the Freshmen, 13-11, when they came
from behind to overcome a five point lead. The Freshmen, however, have clinched
the first half laurels in volleyball by trouncing both of their opponents.
No history of the Class would be complete without mention of the smoking
room discussions. We came there from the classroom or the library with the inten-
tion to remain there five minutes, and then usually stayed for half an hour in
voicing an opinion upon whatever question was under debate, or in pitching nickels.
Any topic from a Laurel-Hardy comedy to the Statute of Perpetuities could and
would be orally dissected without any decision ever being reached, any victory
in argument ever being conceded, or any humor ever being admitted to be such.
The Dean’s Reception took place in the Autumn, with several splendid enter-
zjtamers performing, and also with several not so splendid spurts of warbling on the
part of the student body. Mr. and Mrs. Rogers had many informal Sunday night
luncheons in order to acquaint the various members of the Classes with each other,
and these entertainments were successful. But most of the activities of the Seniors
will come after Raster when we are having our final hours in school. The Senior
Class Banquet is being arranged by Chairman Jim Carroll. George Curley, (’hair-
man of the Senior Ball Committee, is planning to have the last social gathering
one that we will long remember. Then, finally we come to the goal of three years of
study,—Graduation. Then of course we point for the Bar Examination, but until
after Commencement, and we have our sheepskin firmly within our grasp, the Bar
is still in the distant future.
Like all students attending schools or colleges we have had our yearnings to
be out in the world and to be working. But doubtless we will become retrospective
soon after we have left the walls of Old Albany Law School. The memories we now
have of our triumphs will outweigh those of our disappointments, and we will
cherish the pleasant memories always. It may seem strange to predict that there
will come a time when each one of us will look back to the years spent here and say,
“Those were the happy days”. But when this happens, if this history can serve to
recall those memories to the retrospective one, then it has served its purpose.r
Prophecy of the Class of 1931
FOR weeks I had striven vainly to find someone who knew what was to become
of the Class of ’31. Fortune-tellers, crystal-gazers, palm readers, spiritualists—
all have listened to my importunings, and all alike had refused to assume any
responsibility in the matter. Nowhere could 1 find a seer with the courage of his
convictions, and it seemed finally as tho’ our class prophecy would consist of but
three words, “Time will tell".
The dead-line drew near and I racked my brain for an idea. The C. P. A. had
made that a vain search also. Imagination was dead and interred forever, somewhere
between Passive Trusts 1 and 2. Dazed and bewildered after reading Conkling v.
Weatherwax, I sat listening to Coon-Saunders while the hands of the clock reached
for small numbers again. Despair enveloped me, for the day was at hand when
mine Editor-in-Chief would demand an accounting, and I had nothing to offer.
But as I sat there. Mother Nature came like an angel, shooing away little devil
conscience, mistress law and young Dan Cupid, took me in her arms like a child
and drew her kindly mantle of sleep over my eyes and thoughts.
But not for long did oblivion visit me. I dreamed. I night mured. With cold
sweat breaking out all over me, I was pleading the case of a saloon-keeper before
U. S. District Judge Brown and I knew he was death on prohibition offenders. He
frowned terribly upon me and smiled benignly at Federal District-Attorney Jacob-
son. the merciless enemy of racketeers. Just as sentence was being imposed upon
my luckless client everything faded. Then I saw a huge figure in dark robes towering
over me. It drew fearfully near, seemed about to crush me—then I saw the face-
smiling, and breathed easily once again. Twas County Court Judge Mosher
entering the court-room—and taking the bench for a Special Term. Unnoticed I
stood behind his chair and saw and heard all—like a ghost. The court was filled
with familiar faces—all looking prosperous and happy. There was Ernie Morris,
of Morris, Morris, Morris and Morris—(Leo Kane of counsel) for the X. V. Central
in an ejectment action. Newton Herrick, retired surrogate, was there looking on
and apparently enjoying the proceedings. At first I couldn't recognize his companion
—but discovered after a close study that it was State Comptroller Steiner walking
slowly down the hall, chatting with Justice Conley. And then by the merest chance,
I glanced over the clerk's shoulders, and my eye was caught by familiar names on
the calendar. Jim Carroll's name was there, attorney for the pretty plaintiff in a
divorce action, but I knew he had his hands full, for his opponent in the action was
“Dorn" Streppa, representing a wealthy client whom I knew to be Yice-Presi-
J dent of the Metropolitan Life Insurance Co., Bill Schmitt. Carroll had moved for
a preference on the calendar, but Judge Allan had denied it.
When I tried to scan the list closer it faded—-and I was in the State Capitol
Restaurant, crowded as usual but I seemed to be able to pass thru and around
people without taking up space or attracting attention. Hearing a name I knew,
I turned to a table where four men, obviously politicians were sitting. There were
Senators Hanley and Wemple, their boss “Rube" Lazarus, the unofficial Governor,
and Assemblyman O'Rourke, all engaged in a lively discussion over the recent
investigations by that fearless little District-Attorney DeCamilla. In another corner
I recognized City Court Judge Buhrmaster of New York City and Ahlheim, cor-
poration counsel for Old Gold Tobacco Company, Spira, the “policy racket-
buster” of Schenectady, and Fitzgerald, leader of the Fitzgeralds of Utica made up
the foursome at that table.
Feeling hungry, I ordered a veal cutlet. As usual nobody heard me, and I stood
looking around for other familiar faces. I saw none, and was about to leave when in
walked another District-Attorney—this time it was (Boning from Gloversville,
with Chittenden, the Territorial Manager for the Underwriters Association of
Syracuse. I bumped into Gloning, or rather he gave me the shoulder. I started a
right from the floor—then everything went black. After what seemed an eternity
I found myself at the University Club in New York City, at a weekly luncheon
of Albany Law Men. Curley was there and looking as tho' his up-state practice
yielded a sweet return. Sam Ilesson, lecturer at Columbia Law, presided and strange
to say Jim O'Reilly and his able assistant Brennan were present. I overheard Jim
say the trip to New York was a success after all, for he'd finally secured a copy of
the Mirror autographed by Winchell. I oeser, Merchant Marine Board Counsel,
and Effron and Goldberg of Poughkeepsie were there on their weekly escape to the
White Way. Sally Leombruno, counsel for Italian Democratic Club told Professor
Rosenberg (who by the way directed the recent revision of the C. P. A.) that
Mountain was South for the winter; the real surprise tho'. was Charley Becker,
the self-made city attorney from Rochester. How he sneaked away to New York
puzzled everyone present. Joe Einhorn and Mclsaacs were there of course. Their
practice is large but they get away once or twice a month. This time they brought
Horstman, Poly Science teacher at Union, and Homer Peters, well-known editor
of Cyc. Steve and Keenan were late. They stopped in the hall to argue about a
statement Waszkiewicz made in his recent lecture on Criminal Psychology before
the New York County Bar Association. Steve seemed to be getting the best of it
until he started to laugh and said, “Let’s eat”. Being still a ghost, food didn't
appeal to me and I left. I heard a buzzing sound and awoke in the dark to find only
a buzz where Coon-Saunders had been. And so to bed.
JU1N I djflSThomas P. Laffin
Junior Class Officers
Thomas P. Laffin
Allen H. Pulsifer ....
John E. Wisely
W. LaVerne Baldwin
cmhw Eiiic joucam
Junior Class History
FALL of 1030—Juniors! Fifty of the original sixty-eight again filed through
C lem's office, parted with the summer's earnings, were greeted by Mr.
Rogers, presented with a key and faced the legal curriculum of room 17.
Armstrong, Eaton. Manning, Powell, and Scharping augmented our ranks and
were quickly assimilated.
In October, election of class officers was the current topic of conversation.
Budding politicians quickly attempted to organize groups for their candidates
but were repulsed on every side. At the elections proper politicians were conspicuous
by their absence, and men of popular choice were selected. Tommy Laflin, our
versatile soloist was chosen as President, Pulsifcr Yice-Pres., Jack Wisely, Secy.,
Pop Newell. Protector of the Shekels, and Johnny Xormile, representative on the
athletic board. On Newell withdrawing from school in December, La Verne Baldwin
was entrusted with his coveted position.
Our first class function occurred in November in the form of a banquet at
Westland Hills Restaurant. To Tommy Laffin we owe a great deal for the success
of this affair. The Dean’s talk will linger for many years in our memories as one of
the most inspiring, instructing, and entertaining lectures of our undergraduate
days in the Albany Law School; besides the food was good, the cigars were mild,
and Ilughie’s recitations were very funny. We look forward to another banquet
At the Dean's Reception, once again Junior talent predominated. 'This year,
both the executive and a goodly share of the entertainment was shouldered by
members of '32. In other fields of extracurricula activities we find our class well
represented. Peters, Berghash, and Normille were the backbone of the basketball
team, with Moe Sargent looking to their every comfort as Assistant Manager. In
debating and other societies. Juniors were very much in evidence.
Mid-semester exams, occupied our attention during January and all that need
be said is that we faced (’rime. Equity, Public Utilities and others. Trembling
hands tore open white envelopes shortly thereafter and as a result we are now
forty-nine strong. But the Justinian society soon announced that Baldwin, Barrett,
Levine, Pulsifer, and Wisely were eligible. The Junior Class takes this opportunity
to congratulate them.
Friday, Feb. 13 was the evening selected for our Junior Prom, and the gym was
transformed into a “veritable fairy-land”. Settees surrounded us, soft lights soothed
us, the music thrilled us, the punch? stimulated us, and well it. was one fine Prom.
Harold Segal was chairman and was assisted by Baldwin, Barrett, Bcrghash,
Baffin, McKiernan, Normile, Pitt, O'Grady, Williams and Wisely.
As we finish our Junior year, our goal is very nearly reached. We have formed
bonds of friendship that have united us into a compact group. We have accomplished
a great deal and feel justified in taking pride in what history we have made. Optim-
istically we look forward to next year, and hope we may remain intact to harness
Martin Edward Angeling, University of Michigan
Harold Curry Armstrong ...........................
Willis La Verne Baldwin, Hamilton College
Gerald Richard Barrett, A.B., University of Rochester
Laurence Bergiiash, University of Pennsylvania
Thomas Martin Bowes...........................
John James Carey, University of Rochester .
Irwin Jeremiah Cohen, A.B., University of Pennsylvania
Clinton Shuler Cole, A.B., Hope College .
Samuel Cooper, A.B., Xew York State Teachers' College
Reginald Vincent Craddock, E.E., Rensselaer Polytechnic Institute
John Francis Crist, Fordham University
Lawrence Stephen Cunningham.......................
Edward Benedict Davenport, B.S., Manhattan College
George Wesley Donaldson, Hamilton College .
Paul Francis Eaton, A.B., Catholic University .
Bernard Patrick Gill, A.B., St. Ronaventure's College
Hugh Andrew Graham, A.B., Manhattan College
Joseph Van Allen Graham, A.B., Xew York State Teachers
Max Harry IIershkowitz, Union College
J. LeRoy Kniskern, Union College ....
Thomas Paul Baffin, A.B., Holy Cross College
Livingston Salisbury Latham, Union College
Herman Arnold Levine, Union College
Henry Lurie, A.B., Union College ....
Donald Willard MacCready..........................
Raymond Benet Madden, Villanova ('allege .
Edward Thomas Malone, Jr., A.B., Xiagara University
Gordon Manning, Syracuse University ....
James Griffin McKiernan, A.B., Manhattan College
Joseph Meade, B.S., Manhattan ('allege
Alden Chester Merrick, A.B., Hamilton College
Palmer Farragut N ewell, B.S., University of Pennsylvar
John Robert Nor.mile, A.B., Hamilton College
Thomas John O'Connor, A.B., Fordham University
Arthur Bernard O'Grady, A.B., Union College
College Beaver Darns
Berlin, N. II.
iaAllan George Patch, University of Michigan
Emil Edward Peters, Jr., Union College
DeForest Carr Pitt, A.B., Union College
John Jacob Powell, University of Rochester
Allen Huntington Pulsifer, A.B., Dartmouth ('allege
Dermot Cox Reilly, A.B., Princeton University
Howard Albert Sargent, Syracuse University
Albert Russell Scharping, A.B., Cornell University
Frank Charles Sciioltz, Union College
Harold Segal, A.B., Union College ....
George Merle Simon, Union College
Herbert Jones Smith, Union College
Percy Gordon Smith, A.B., Union ('ollege
Francis Herbert Trombly, Union ('allege .
Harold Spoor Van Schaack, A.B., Hamilton College
Lyman Perry Williams, St. Lawrence University
Bernard Winstein, A.B., Union ('allege
John Edwin Wisely, Niagara University
St. Job ns ville
AlbanyF be skimeINmm
William C. Stevens
Freshman Class Officers
William Cullen Stevens...........................................President
George Francis Bonacker.................................... Vice-President
William Laverne McDermott.......................................Secreturi
Henry Thomas O'Brien, Jr..........................................Treasurer
Freshman Class History
FRESHMEN again, 'rite Third time for most of us. But what a difference
from the meandering paternalism of high school and college which led us
through the abstract fields of classic knowledge. If we play now we play with
our fates. High and sacred things are our toys now. Right or wrong by the width
of a split hair. A little frightened, a little fascinated that we may go forth to judge
our fellow men, a little warmed by the thought that we may be able to plead for
them. Surprised, not a little, at the lust and greed, the love and romance, the
pictures of a dim and glorious past, the sheer, pulsing humanity that springs,
living and warm by contrast from the dry and musty pages of the law.
For all that, however, we are a perfectly normal freshman class. One of the
largest, you know, and the most promising, of course. But as to that, when the
old School's new Gothic arches and mullioned windows arc softened and shaded
with ivy, we shall see.
Richard ('arl Algie, St. Lawrence University
John Willis Barrett, A.B., University of Rochester
Robert William Basoom. A.IF. Union College
Leo Francis Boland, Union College
George Francis Bonackkr, A.B.. Colgate University
Dorwin West Bulson, Union ('allege ....
Joseph Edwards Bcrke, A.B., Williams College .
William Francis Christiana, Hamilton College .
Harold Knowles Cong don, Jr.. A.IF, Colgate University
John Samuel Conti, Canisivs ('allege ....
John Norman Crannage, Rensselaer Polytechnic Institute
John Cole Crary, A.IF, Union College ....
Cornelius Klting (t ddeback, Jd, A.IF, Rutgers University
Ramon Edmond DeFilippo, Bucknell University .
Albert Jackson Drake. Colgate University .
Matthew Michael Dunne, A.IF, Manhattan College .
Bernard Ellenbogen, Sew York State Teachers' College
Silas Frazer, St. Stephen's College ....
John Edwin Gaffney, Syracuse University
Louis Robert Gallo, Jr., St. Ronaventnre's College
James Kimball Gannon, B.S., St. Lawrence University
John James Giiezzi, Fordham University
William Aloysius Glayin, A.IF, Georgetown University
Richard Arthur Graham, Jr., Union College
John Joseph Hayes, A.IF, Fordham University
Samuel Evans Healey, Union College ....
Thomas Louis IIerney, Sew York State Teachers' College
Robert Waldron Herzberg, B.S., Yale University
Harold Elvin Hyzer, Houghton College
Henry Herbert Koblintz, Union College
Albert Thomas Krakes, Rutgers University
John Aloysius Lasch, Jr., Xiagara Universitii
Robert Margolius, A.IF. Union College
Arthur Edwin McCormick, A.IF. Union College
Edward Todd McCormick, A.IF, Williams College
William Laverne McDermott, St. Ronaventnre's College
LamoNT McNall, A.IF, University of Rochester
Z3Paul James Melita, A.B., Manhattan (’allege
Howard Murrin, Colgate University
Michael Nardone, Union College ....
Henry Thomas O’Brien, Jr., A.M., Catholic University
Edwin Joseph O’Reilly, Catholic University
John Lewis Ostrander, Union College .
James Elnathan Personius, B.S., Union College
Elmer Milton Rasmussen, Union College
William Whiting Reed, Xiagara University
James Bernard Regan, University of Detroit
Edward Burton Reiter, University of Michigan
Lee Crosby Rich, B.S., St. Lawrence University .
Albert William Schneider, University of Michigan
James Paul Sconfetti, Union College
Isadore Nathan Sidman, University of Michigan
Raymond George Smith, Union College
Harold Robert Soden, Colgate University .
John Howard Spain. Holy Cross College
Louis Harold Starikov, St. Lawrence University
William Cullen Stevens, A.B., Hamilton ('allege
John Joseph Straight, A.B., Manhattan College .
Henry Tasker, A.B., Cornell University
John Raymond Titus, Ph.B., Yale University
James Albert Townsend, Jr., University of Michigan
James Alton Welt, St. Lawrence University .
Donald Whitney, A.B., Syracuse University .
Charles Henry Wolf, University of Xebraska
The Business Manager
HOMER ELIAS PETERS
DOMBNIC LEO STREPPA
ANDREW V. CLEMENTS
Stephen L. Waszkiewicz
Lester R. Mosher
Robert G. Ahlheim
Robert F. Fitzgerald
James R. Hanley
I AURENCE RERGHASH
. I ssistant Business Manager
Clinton S. ('ole
Senior Art Editor
Reuben A. Lazarus
Samuel M. IIesson
Edward L. Keenan
Philip G. Rosenberg
Junior Art Editor
J. LeRoy Kniskern
Freshman Art Editor
John ('ole Crary
Newton J. Herrick, Jr.
Thomas P. Laffix
John S. Marsh
J. Paul Brennan
Maurice B. Conley
Joseph E. Einhorn
George W. G i.oxing, Jr.
Newton J. Herrick, Jr.
Samuel M. IIesson
Willis L. Baldwin
Gerald R. Barrett
John J. Carey
Thomas P. Laffix
Herman A. Levine
Edward T. Malone
John W. Barrett
John E. Gaffney
Domenic L. Streppa
William ('. Stevens
John J. Carey
John R. Normile
Herman A. Levine
Reuben A. Lazarus
John S. Marsh
Ernest B. Morris
James M. O’Reilly
Homer E. Peters
Eugene J. Steiner
James G. McKiernan
John R. Normile
Albert R. Scharping
George M. Simon
Francis II. Trombley
Harold S. Van Schaack
William A. G la yin
Arthur E. McCromick
Albert W. Schneider
The Forum Society was completely reorganized during the current school year.
As a result of the reorganization the Forum undertook and carried out a very exten-
sivae program of discussions and debates. A new constitution was adopted which
provided for a restricted membership of individuals interested in debating and
general discussion topics.
The personnel of the intercollegiate debating teams was drawn from the
Forum as well as the members of all school debating teams. The degree of success
attained by the society during the past year was largely due to the help and en-
couragement received from Mr. Raymond Allen of the Faculty and hearty coopera-
tion of the student body.
Founded in Syracuse 191-3
Established at Albany Law 1922
FRATRES IX FACULTATE
Harold I). Alexander, Dean
Andrew V. Clements
Georoe Y. Gloning, Jr.
Samuel M. IIesson
Raymond F. Allen
James M. O’Reilly
Eugene J. Steiner
Law Review Board
Eugene J. Steiner, Editor-in-Chicf
J. Paul Brennan
S. Edward Brown
George W. Gloning, Jr.
Samuel M. IIesson
Ernest B. Morris
James M. O'Reilly
Homer E. Peters
Domenic L. Streppa
Stephen L. Waszkiewicz
63The Chancery Society
Founded at the Albany Law School in 1022
FRATRES IN FACULTATE
Raymond F. Allen
Andrew V. Clements
Harry A. Allan
J. Paul Brennan
S. Edward Brown
Maurice B. Conley
Robert F. Fitzgerald
George W. Cloning, Jr.
James R. Hanley
Domenic L. Strep pa
Ralph E. Rogers
Newton 15. Van Derzee
Newton J. Herrick, Jr.
Samuel M. Hesson
Harold E. Jacobson
Reuben A. Lazarus
Ernest B. Morris
James M. O'Reilly
IIomer E. Peters
r .iDevil’s Own
Founded in l ie Alban Law School IOOI
Andrew Y. Clements
FRATRES IN FACULTATE
Raymond F. Allen
John J. Fitzpatrick
Robert G. Aiilheim
Ernest G. Buhrmaster
Baldwin C. Chittenden, Jr.
George F. Curley
Merrill S. Effron
Joseph II. Einhorn
Stephen L. Waszkiewicz
Leo G. Kane
Edward L. Keenan
George W. McTsaac
Lester R. Mosher
Joseph F. O'Rourke
Eugene J. Steiner
05Raymond Pi Allen
Robert G. Ahlheim
S. Edward Brown
George W. Gloning, Jr.
Clinton S. ('ole
G. Wesley Donaldson
Hugh A. Graham
J. LeRoy Kniskern
Thomas P. Lapkin
Robert W. Bascom
Joseph K. Burke
Andrew V. Clements
James R. Hanley
Harold K. Jacobson
Domenic L. Streppa
Raymond B. Madden
James G. McKiernan
DeForest (’. Pitt
Francis H. Trombly
L. Perry Williams
Cornelius E. (Tddeback
66Junior Prom Committee
W. La Verne Baldwin
Gerald L. Barrett
I - Ain enc'E Berg i i ash
Thomas P. Baffin
J. Griffin McKiernan
Palmer F. Newell
John It. Normile
. ('hair man
Arthur B. O'Grady
DeForest (’. Pitt
1 . Perry Williams
John K. Wisely
Joseph II. Einhorn
Homer E. Peters
James P. Sconfetti William (’. Stevens
The Junior Prom
ON Friday, February the 13th, after waiting for a year and a half to show the
Seniors how a prom could and should be run, the Junior Class brought forth
their brain child. “The Lucky Day Junior Prom" which proved to be all
and more than we had been promised.
The Prom Committee, with Mr. Segal as Chairman, procured “Billy Fowler
and His Club Alabam" to furnish a splendid program of music. Nothing was over-
looked or left undone by the Committee to give the school the most delightful and
Cap and Gown Committee
Archibald Cullings Wemple.....................Chairman
Charles Michael Becker, Jr.
Francis William DeCamilla
Merrill Samuel Effron
William Earl IIesson
Ernest George Buiirmaster
Salvatore John LeombRuno
Edward Pius Loeser
George Walden McIsaac
69Senior Banquet Committee
James John Carroll.........................................Chairman
Joseph Harold Einhorn
Henry John IIorstman
John Sutherland Marsh
Joseph Francis O’Rocrke
George Francis Curley.............................Chairman
Harry Arthur Allan
William Henry Mountain, Jr.
William Arthur Schmitt, Jr.
Leo Winston Spira
Alvin A. Nitchman ’27...........
Harry A. Allan 31..............
Harold E. Jacobson '31..........
Howard A. Sargent 32
Assistant ManagerBasketball Season of 1930-1931
THE Albany Law School basketball team, after a hard schedule, finished the
season with four victories, and the same number of defeats. There was a
wealth of splendid material this year with C'aptain Harry Allan, Bonacker.
Berghash. Peters, I)c Filippo, and Drake as regular members of the team. In
addition to these players. Nor mile, Pasmussen, Reiter, Effron, Sidman, O'Brien,
and Buhrmastcr also saw action in the games. But despite the fine material the team
was rather inconsistent, playing brilliantly in some contests, and failing to reach
top form in others. Most of the games were played on the Law court, and few of
them, with the exception of the St. Lawrence game which we won 34-33, were as
close in scoring as those of the previous year. At the end of the season The Athletic
Council submitted a plan for the abolition of basketball for next season, but this was
voted down by the student body after a close vote.
The season opened with the St. Lawrence University team playing here on
December 12th. This’game proved to be the most tightly fought contest of the year.
Law School started off with a fast attack, and built up an early lead which it con-
tinued to hold despite a belated rally by its opponents in the closing minutes.
St. Lawrence threatened to overcome the lead several times, but with thirty seconds
to go, the Lawyers secured possession of the ball, and held it until time was up.
I)e Filippo, playing his first game for Law led the scoring with four field goals and
four foul shots.
On the following Saturday, the Edison Club of Schenectady, with several ex-
college stars in the line-up, came to Albany and handed the Varsity the worst defeat
of the season. The visitors outclassed Law in every department of the game and
despite the splendid efforts of the losers won easily, 45 to 28.
The annual battle with Union College was renewed on January 10th, and the
honors went to Union once more. The Law School second team started this game,
and played upon even terms with the rival club; but when the regulars went in the
College team quickly dropped in several baskets and at half time the score was in
their favor 20-( . In the second part of the contest the Lawyers outplayed their
opponents and made eighteen points to nine for Union, but lost by the final score
of 2» to 24.
One week later the Albany College of Pharmacy proved to be an easy victim at
the Pharmacy court. The Law five went into the lead at the start, and the second
team played most of the second half, winning in easy style, 31-15. After the start of
the new semester, our team played its first road game on February 7th, at Annan-
form of the year. St. Stephen’s, usually considered to be on a par with the Law teams
of the past, was badly outclassed by the bewildering play of the Albanians. At half
time the score was close, but at the start of the second Law increased its margin to
win by a count of 42 and 30. Bonacker garnered fourteen points to feature the game.
The Cortland Normal School five had previously beaten Pharmacy College
only by a very small margin, and we had hopes for a victory: but those hopes were
shattered when Cortland played here on February 14. The score was tied at the end
of the initial period, but the visitors were superior in the later part of the game and
won out, 26-20. Berghash was the high scorer in the contest, and he and Emil
Peters featured with their guarding ability.
On February 21st, Long Island University, presenting a much stronger team
than the one beaten here last year, defeated the Law School at New York City,
30-17. Harry Allan seemed to be the only player able to break through the
close defense of the winners, and he scored nine points of the total seventeen. In the
Alumni game, the final one of the season, a collection of the stars of past years
appeared here. Both sides used many substitutes. The superior team play and con-
dition of the Varsity proved to be the weapon whereby the Alumni were defeated,
45 to 21.
For the third straight year Harry Allan led his teammates in scoring. Allan
finished the season with a total of sixty points, and '‘Duke’’ Bonacker was a close
second with fifty-three points.
INDIVIDUAL SCORING RECORDS
Position Games F.G. F.B. T.P.
Allan F., G. 8 23 14 60
Bonacker F. 8 21 11 53
I)e Filippo C. 7 13 7 33
E. Peters F., G. 8 10 (i 26
Berghash G. 7 7 5 10
Drake C. 7 6 5 17
Normile G.. C. 4 5 1 11
Reiter F. 4 4 1 0
Rasmussen G., F. 6 1 3 5
Effron F. 3 1 1 3
Sidman F. 5 1 1 3
O’Brien F. 4 1 0 2
Buhrmaster C. 2 0 0 0
03 55 241
December 12 Albany Law- 34 St. Lawrence University
December 20 Alba nv Law 28 Edison Club
January 10 Albany Law 24 Union College
January 17 Albany Law 31 Albany College of Pharmacy
February 7 Albany Law 42 St. Stephen’s College
February 14 Albany Law 20 Cortland Normal
February 21 A11) ajiy Law 17 Long Island University
February 28 Albany Law 45 Alumni
Raymond F. Allen President
Andrew V. Clements Treasurer
Samuel E. Brown Sen tors Domenic L. Strepi»a
Clinton S. Cole J uniors John R. Normile
Albert J. Drake Freshmen John H. SpainDebating
T the annual conference of New York State Debate Coaches held last summer
the subject chosen for the debates for the coming year was “Resolved: That
in view of recent developments the United States should recognize Soviet
Russia”. The first debate of the year against Union University was broadcast
over station WGY. Mr. Samuel Ilesson and Mr. Maurice Conley argued the affirma-
tive of the question for the Law School.
The next two debates were held away, in February on successive evenings, the
first at Colgate University in the College chapel. Mr. John Marsh and Mr. John
Carey upheld the affirmative. The following afternoon Mr. Ernest Morris and Mr.
Francis Trombley debated against Syracuse over the radio on station WS R.
Two debates were held in March at the Law School auditorium. The first was
against St. Lawrence University in which engagement the Law School urged the
negative of the question which was upheld by Mr. Samuel Ilesson, Mr. Eugene
Steiner and Mr. Maurice Conley. Then on March 25th the last debate of the season
was held against Middlebury College in which the Law School again took the nega-
tive in which Mr. John Xormile, Mr. William Stevens and Mr. Griflin McKiernan
spoke for Albany.
The Cardozo Prize Debate of 1931 will be held later in the year. Last spring
Mr. Ernest B. Morris was the winner of this competition and Mr. Thomas Kenney
7. THERE is more than just good advice in the old saying about looking a gift
horse in the mouth; yet one could scarcely be criticized for having been
somewhat skeptical of Dean Alexander’s annual reception this year. Plain
truth to speak, we were about as optimistic about it as we would be about opening
a gift shop in Scotland. And for good reason. It was being given by the Dean, a
notorious Scotchman; we were told that the tables on which the food (free food) was
to be served, had been constructed gratuitously by our own “Scotty ", whose cog-
nomen denotes his pedigree; and there were to be Scotch entertainers. A formidable
obstacle to getting anything without some sort of sacrifice.
Yet, paradoxical as it may seem, no social event in Albany Law School thisyear
has been so lavishly staged as this event by which the Dean demonstrates annually,
what it is to entertain in the “grand manner”.
There was music by our own talent,which, though we never doubted its ability,
was still so far above the usual brand of musical presentation by students at the
Dean’s receptions, that we all expressed gratified amazement. Then, before we had
an opportunity to become accustomed to such wonder, the freshmen proved their
mettle as entertainers by presenting a series of gags, terpsichorean endeavors and
original songs, well deserving the generous ovation which they obtained.
A novel departure from the usual program of these receptions, the short film
subjects presented through “Ray” Allen's efforts, proved its success by the fact
that it was received in comparative silence, despite the unusual opportunity to give
vent without detection to cat-calls and “ Bronx-cheers”.
During the interim between the entertainment and the gastronomic portion
of the program, someone suggested a song, (we suspect Mr. Allen) and the various
groups executed a goodly number with an effectiveness worthy of even a louder
reception than was given. A light repast, satisfying however in the number of por-
tions. even the hungriest of ever-hungrv law students, was served and quickly
disposed of by all.
It was then that we had an opportunity to take notice of the gathering. The
married men, augmented in number considerably since the last reception, were there
en masse with their wives. Together with the wives of the faculty and visitors, they
added much to the cheerfulness which for that evening, displaced the usual monastic
coldness of the law-school building.
As we were leaving we tried unsuccessfully to extricate the Dean from the
midst of a group of feminine admirers to give him a warning. We do it now. Careful,
Dean; unless you do something to make these affairs of yours less successful, you
will soon be having the struggling young alumni back in such numbers that an extra
order to the caterer will be necessary.mm
Address by Reverend Charles Otis Judkins, D.D.
Of Glens Falls, New York
DEGREES CONFERRED JUNE 5, 1030
Bachelor of Laws
Arthur (’avoi r Aulisi
Owen Matthew Begley
Edward Harrison Best
Marsh Watson Breslin
Kenneth William Brett
Leon Samuel Brumer
William J. Comstock, Jr.
Donald James Corbett
Kenneth George Creaser
Theodore R. Davies
Richard Vincent Donaiiof
James Patrick Foley
Scott Kenyon Gray, Jr.
James Joseph IIage
Arthur Joseph Harvey
John Albert IIenry
Gordon A. Hough
Leland Stephen Jones
Charles Frederick Kaiser, Jr
Francis Joseph Kelly
Thomas Victor Kenney
Harold Vincent Lamberson
Benjamin H. LazdoN .
Robert William LochNer
Robert Emmet Mahoney
James John McGuiness
John William Miller
Leo Edwin Mills
82William M. O’Reilly .
I. Gerald Pliskin
Francis Arthur St. Clair
George Frank Schoenbrun
William A. Searle
William Bennett Skane .
Milford Knowles Smith .
Gleason Burnham Speenburgh
Joseph John Spillane
Walter S. Stedman
Clare Leo Touhey
Charles Stuart Tracy
Arthur Eugene Walker
George Ferdinand Wenger
John David Wilde
Egbert Luzerne Wildman, Jr.
Charles Stanley Wright
Fred Anthony Young
Shepsel Zwetsciikenbaum .
Diploma of Graduation
Gerard John IIernon
iCMjoi w ejim€ mam.
EDITOR’S NOTE: The following are notes taken during the course of lectures on the law of P'vidcnce,
by Mr. Roland Ford, LL.B. They were noted, and are included here, without any desire or intention
other than to preserve what we consider to be the quintessence of wit and rare common sense, a quality
actually rare in the law and our pursuit of it. We desire to thank Mr. Ford for his consent to their
reproduction, and respectfully submit them to the Class of 1931, with the earnest hope that they will in
years to come, derive the profit and enjoyment from their perusal that we confidently expect.
Chanson De Roland
Willy! I'll get him yet. There's fifty of you out there and he don't pay any
attention to you. I’m alone here and lie's been after me for four days.
Ambulance-chasers are intelligent anyway.
Get right on your velocipede.
Defendants aren't all angels, we all know that. And Insurance companies
don't have wings. So, when you meet Lawyers needing food and insurance companies
without wings, watch out.
Incompetent ambulance-chasers,—if someone said “Boo" to 'em they’d fall
right over in a fit.
When a lawyer summing up wants to be smart, he says “in the language of
Mr. Justice Wasserwogela”.
You can't blow hot and cold in the same breath nor half a dozen breaths
for that matter.
When all the witnesses agree on details, there’s been some shennanigan going
If you become confused as we go along, -stop! and get unconfused.
Prostitutes are notorious liars. Anyone who has had any dealings with them
knows that. I know all about them. For five years before the war, I was local officer
of Department of Justice and met thousands of them, and they’re no good.
The poor District Attorney can't pick his witnesses.
Some of these gun-men are tailored up in great shape and they’d stab you in
the back as quick as they'd eat a piece of pie. In the back, mind you!
A law suit is quite a game. It means hard work. An action well prepared is
half won. Takes brains, skill and hard work.
Write out the questions you're going to ask. You don't have to use them. But
it may save you from making a monkey out of yourself on trial. You read about
brilliant cross-exams. Some astute counsel bowled over a witness, put his adversary
to flight, and you think he had an inspiration, a stroke of genius. Chances are he
spent weeks preparing his questions,- -inquiring into history of witnesses.
We inquire into history of witnesses, to show that he’s a bold, bad, vicious
man, -or an unladylike woman.
ff You're through. You can't jump up on the table,—get all excited and spring
at the witness (for crossing you up on story).
(Relative Willy is around here again. If I've got to conduct this class with a
fly-swatter, I will.)
Read these rules over every day, until they become a part of you. You'll
need ’em all your life, if you're going to be a regular lawyer. Of course if you're
going to be a pot-walloper you won't. I can almost say them myself. If I read them
for ten years more I'll know them myself.
The common-law says “Xo”, “Xcin" in German. In Russian it would be
“Xietchzke", if there were any Russian common-law.
Remote Evidence: That deceased was an infidel to sustain a claim suicide.
I should think it would be just the reverse. If there’s no God there's no one to
forgive him -or punish him. (It’s all too remote for me). And prejudicial. Suppose
there’s a good old bigot on the jury. He'd say “He's guilty and we’ll not discuss
Worth is not determined by looks. For which we are all very happy.
You don't have to know any law to try law-suits. All you need is skill in handling
men and things. The court will lay down the law, fairly well in a majority of cases.
The jury doesn't pay much attention to the charge, anyway. In the first place
they don't understand it. In the second, they don't pay any attention to it. And I
don’t blame them.
You hear a lot about rich man's justice. Don’t run away with that idea. It’s
the poor men who get justice, and a little more.
There are so many things to remember, in the trial of law-suits. And that's
what makes your hair gray. A law-suit's always a strain, and I don’t care how many
you try. Unless you have the physique of an ox, and no nerves, you can't stand the
strain of trying cases every day.
Who was telling us about something?
A partner goes to a pink tea and makes some admissions. Unless the firm is
engaged in the pink tea business, the admissions aren’t binding.
[Willy’s grown up, have you noticed the size of him SI]
books of account are books of account, as you all know.
Well, it's the leading case. I’m not going to tell you to read it, you can choose
for yourself. I haven't read it in years, I'm glad to say.
That's going pretty far, but they were only trying to protect the infant ward.
I don’t quarrel with them for protecting the ward, but why don't they say so?
Question: “Just what is a title of record?” (Gloning)
Answer: "I don't know." (Ford)
Gloning: “Well I think you'd have to know that in order to understand the
87 0 What the law is, I don’t know. IIow to apply the rule, if I did know it, I don't
know. So, I don’t know anything about it.
I'd like to see this proposition go to the Court of Appeals some time, squarely
presented and decided. So I’d know what to put in the notes.
When you get to be District Attorney, that is if you're a Democrat, there's one
thing you've got to be careful of. besides being a Republican. You must not even
attempt to introduce evidence which you know is prejudicial and incompetent.
'Phis lot up here belongs to Mr. Strockenbroeker. Of course, you all know Mr.
I guess I’ve suggested that you are never to put in an answer that’s false. The
temptation is great. But you don't gain anything by it, ’cause anyone who'd ask
you to do that is worthless anyway. Don't do it.
Dying declarations. First, you must be about to die. It’s a very solemn occasion.
You don't know where you're going but you're on your way. You’re going to float
across the River Jordan into the sweet bye and bye. And human experience is that
you’re apt to tell the truth. Except in India. There a dying man accuses all his
enemies of every conceivable crime. But as I said, it’s a very solemn occasion. Death
is approaching. If it approaches and then backs away, it isn't admissible. When
you feel the icy fingers, you're going to tell the truth. And only what you say as
to the cause of the death. Testimony about the weather at the time is no good.
I noticed cigarette stubs all the way up the stairs as I came in. I wouldn’t do
it if I were you. It makes the place look bad. I felt dirty coming in here. Makes
the janitor a lot of work and causes much cussing. You’ve got smoking rooms. Use
In the case of such a confession “the tail goes with the hide".
In one case here, deception was practiced on some simple-minded fellow. A
policeman promised him faithfully not to tell a soul, if lie would confess. He did.
But he was just simple, that's all.
So if you've got a conscience, and some of us have, I hope, examine carefully
the evidence before you make the charge.
The court will admit anything, unless there’s an objection. He’s generally
reading a newspaper, or looking np the results of the baseball games. He is not
Learn the rules, and there’s no question of evidence you can’t answer. on may
not answer it right, but you can at least answer it and give a reason.
Now, listen to this, and pin your ears right back.
'Phe courts are not infallible. Sometimes they do strain themselves when they
get in a hole. Judges are human.
That is, a regular jewelry store, not a ten-cent store, where you can buy a
diamond necklace for a nickel. I used to own a jewelry store. It nearly busted. on
get a chance to run nearly everything as a lawyer. I've run jewelry stores—poultrybusiness- I guess the only tiling 1 haven't run is the undertaking game. And
I had a chance to do that.
Gyp the Blood, Lefty Louie, and I've forgotten the other—Who? Oh yes. Dago
Frank, how could I forget Dago Frank?
Study McKinnon v. Bliss carefully and you won't have any time to go to the
The executor stands in the shoes of the deceased, that is, in his place. It’s
kinda gruesome, standing in his shoes.
Well, there it is. Something is wrong—either with the rule or the case, or our
understanding. Probably the latter; I wish I knew the answer.
Banks have a reputation for integrity. They never take your money without
reason. They always have some reason. Usually it’s something you sign. But the
President of the bank himself may come into court, with the bank ledger, showing
the account of John Smith. lie says, “I'm President of the XV and Z Bank, and
this is the ledger." The court will say. “What of it." (Objection sustained. Call the
next witness). And the big, black book doesn't mean a thing. They're not sacred
to the court. And it makes no difference whether it's a big, black book or a little
red one. They’re all the same to the court.
Well, that's good sense. Most nephews are poverty-stricken, I know. 1 ve been
a nephew myself. In fact, I still am.
It’s strange at times what intelligent men will stand for. It’s disgusting.
(The shop-book rule) I don't blame laymen sometimes for criticizing the law. How-
ever, we will proceed with matters of general and public interest.
Families break up and scatter, and it's an awful job to trace the heirs. The
greatest thing for keeping them together is when someone of the family accumulates
great wealth, and gives all the others jobs. They then stick together. They just
anchor in some community. For instance, an insurance company it's great to own
an insurance company. You can put all your relatives to work. Or a General Electric.
If I owned a General Electric I’d put you all to work, some in the legal department,
some firing boilers. Some of you might qualify for firing boilers. January will tell.
Be sure and insert a few recitals. Someone twenty or thirty years from now will
bless you for saving him money. And that’ll be your reward. There used to be an
old fellow in Troy—he's dead now. Poor fellow. Too bad, he didn't die before he
did. lie put in so many recitals in his deeds that he had to be hired later to explain
them. He was a foxy old fellow. He even recited mortgage satisfaction in a deed,
and asked to have it recorded. And later when nobody could figure out what was
meant, they'd have to call him in to ferret out the recitals. He balled up every
title he touched.
Poor old father. When questions of pedigree come up he's just shoved aside;
nothing but a hearsay witness.
That’s the Dean's case—the one he tried and got away with murder.
Well, that case was all right. But this next one is cuckoo—if you know what
Entries in the Family Bibles are scarce nowadays. In fact you seldom see a
Bible, except in a hotel. I remember back when I used to live up in the country, the
Family Bible used to have a place of honor in the parlor, with the horsehair fur-
niture and chenille curtains.
I’m a Notary Public but my books have never been received in evidence. My
official acts are few. And let me caution you, probably you’ve been warned about
it in Ethics. It's more Criminal Law than Legal Ethics. They overlap sometimes.
But some day a big, fat, rich client, with diamonds on his shirt, etc. will be unable
to come to your office. lie doesn’t want to climb up your stairs, or the elevator is
too small, so he'll call you up and say, “I'm sorry, I can't come down, but I left the
deed on your desk. Acknowledge it. will you?” Don't do it. If lie's rich enough,
say, “Never mind—I'll come right down to your office.” It's bad and liable to get
you in trouble. Don't ever do anything, anytime that's going to cause you worry.
Life is too short, and too sweet, to spend worrying. Have your files in the office so
that anybody can look through them at any time, and have nothing that you’d be
ashamed of. And not because it's sweet and pure and lovely, but because you'll
feel better, and when success comes you won’t have to look back at some things
you did, and worry and regret. You’ll never need say, “Oh, how I hope that little
job I pulled off twenty years ago isn't brought out, now that I'm an elder.” And it
isn't the things you do wilfully or intentionally. But sometime you'll make a slip,
inadvertently, and walk the floor nights. (I don't mean sins of the flesh.) Of course,
I know you'll all do it. You won’t pay any attention to me. But you'll learn from
Whether specific acts of immorality are admissible on a charge of rape has not
been definitely settled. I'll settle it. They are admissible. (Settled by Ford, J.)
Official Registers.—Take a little parish up in the country. All the priest knows
is what's told him. Mary and John come in with the infant. They suggest that
they are the parents. All he knows is that he baptised a child, of a certain name. I
have my doubts as to the admissibility of the baptismal records, to prove pedigree
of the child. But here’s one for you. How about using the declarations of the osten-
sible parents as declarations of relationship, as evidenced by the certificate. Put
that in your pipe and smoke it.
Kane: “Draw a picture of a res gestae”.
tlUfc- w ojon
People vs. De Simone,
as illustrated by Ford, J.
f To “Strep
To “Strep": “Why, that’s as plain as the nose on your face."
I don’t know. It seems logical—but it's never been settled. I have no case for
authority. But it's just as logical as “one and one make two”. Of course, 1 could
argue the other way if you’d give me time.
I think if I were a murderer on trial I'd lie like a son of a gun.
One day the wife is poisoned. The next day the husband goes into a foreign
state and marries another woman. There’s your motive. Off with the old and on
with the new. That’s all right with machinery but not with wives.
That’s a leading case. In fact all these are leading cases. Some more leading
People vs. Zucher—over the river and through the woods.
Were usually wiser after an accident, but that doesn't mean we were fools before.
I haven't my rings on this morning, but supposing I had a ring purporting to
be a diamond. I look at it, and I say it’s glass. A jeweler looks at it and says it's
a diamond. A poor one, full of carbon, and black spots, but a diamond. I testify
as to opinion, but he knows. He can tell a diamond as easily as I can tell a horse.
Doughty v. Milliken 163 NY 527
illustrated by Ford. J.
That’s a derrick. No one would ever
know it. unless you were told—and
even then you would have your
Insanity. Suppose we bring in a man whose chief amusement is singing hymns
while standing on his head. It’s his favorite pastime, and he persists in that. Now,
most of us will agree that that is not cpiite normal. Or suppose he says he is King
of England or President of Peru. (lie'll have to be crazy to claim that.) ou bring
in a physician, qualify him and ask your hypothetical question, which must include
only facts proved. For example, you will ask him, if he saw a man standing on his
head singing “Lead Kindly Light" on Wednesday, on Thursday, he stands on his
head and tries to sing two songs at once; on Friday he claims to be President of
Peru, what opinion would he form as to that man s rationality.
Now, let me give you a little word of warning and advice. Insofar as it’s
advice, I know you won’t pay any attention to it. But anyway, if you have a diffi-
cult case, don't be afraid to ask for help, and be willing to pay for it. Your client
may be poor—but, after all, he may have only one law-suit in his life, and it means
a lot to him to win. So, don’t be afraid to hire the best talent, Get the best engineer
the best doctor. You know there are doctors and doctors and doctors. Some of the
best are the poorest witnesses. But often in a small town, the doctor is an authority.
01Everyone believes everything lie says. And when the ease has features that you
know nothing about, get assistance, and get the best you can buy.
(Silence—Friday—and yawn from far corner. Curley, without looking up).
Ford: “Well, you can sleep tomorrow. (Laughter. Embarrassed law student turns
red.) I’m tired myself.''
Take the case of Finn v. Cassidy. Judge Gray thought that was all right, lie
always irritated me. Or was it Judge O'Brien—he irritated me more. And this case
is a horrible example. Let's see what they did. Here's the chimney. You're on top
of the chimney looking down. I think they were building something, anyway
they dug trenches (Sic) and filled them with cement. The trenches were narrow and
the soil was hardpan. If you've ever had any experience with hardpan, you know
it's as hard as rock when wet. When it dries out the soil crumples, and that's what
happened here, and the man was injured. The question was whether or not it was
properly shored. It seems to me that all the expert had to do was to describe the
usual and ordinary methods of shoring, the formation of hardpan, the effect upon
it of water, etc. .
X - chimney
y - "f r e rt e. h
Finn v. Cassidy
Illustrated by Ford, J.
The courts will not take judicial notice of foreign law. They admit their ignor-
ance of ic unlike domestic law. It must be proven and pleaded.
On an indictment for selling obscene literature, expert evidence as to its
obscenity is inadmissible. We'll pass that without comment.
Of course, it’s more effective to relate in detail the extent of plaintiff's injuries.
Get the physician to testify to every ache and every pain your client suffered. Have
him describe the treatments, how they had to place him in a plaster cast—and
break his legs seven times to get them straight, etc. The more blood you spill, the
larger will be your damages. Some lawyers get so intent on injuries and agony
that they forget to prove negligence. And it’s getting so that if you have enough
of a case to get by the court, and avoid a non-suit, you’re reasonably sure oi a
recovery. That’s the tendency nowadays, to indemnify anyone who is injured,
whether technically the defendant was negligent or whether plaintiff was at fault.
Of course, that’s not the court’s stand. But it’s the jury's and it's a good thing too.
Modern sentiment is that a person who is injured should be paid. In that respect
juries are way ahead of the courts' stand. So magnify your facts. I've seen some
lawyers ask a few dry, impersonal questions and then say, “That’s all. Doctor '.
And I've seen defendant's lawyer start in and cross-examine him on the injuries
for half a (lay, and practically win plaintiff’s case for him. But I guess I warned you
Prepare your questions, and study the facts. It’s the facts that win a majority
of your cases. In the meantime you might study a little law, although the court
will usually take care of the law. Not as well perhaps as you might do it, because
you have a chance to study it. where he has to decide upon the spur of the moment.
It's surprising how often they’re right. So. remember, a pint of facts is worth a
bushel of law.
Of course, three stenographers cost money. But when it's important we can't
spare expense. If you have a witness up in Plattsburg, how are you going to get him
here by to-morrow morning? Use the telegraph or telephone. Or send up a man after
him, to grab him and bring him down. Bring him on the train, and if he has to travel
in a parlor car, let him. Let him come in a parlor car or club car or a balloon if he
wants to. What’s a hundred dollars when a thousand hangs in the balance? Don't
ever be penurious with your client’s money.
You put your expert on the stand. Your adversary admits lie's qualified. on
think he’s very generous. But he has deprived you of the opportunity to place before
the jury the reputation and experience of the expert. If lie is very competent and
skilled, you should impress the jury with that fact. He may be a weazened, dried-up
little old fellow who wouldn't impress even a cop, and unless you let them know how
smart and capable he is, they’re apt not to take much stock in what he says. So
ask him how many degrees he has, if any, or how many sky-scrapers he's built, or
whatever it is he is an expert at.
Testimony in a law-suit doesn't read like a classic.
Most criminals are dumb. They must be stupid or they wouldn't be criminals.
There’s lots easier ways to make $100 than holding someone up. Of course the really
intelligent criminal commits forgery, or sells you stock. That takes brains. But
imagine murdering another human being for $100! Why, it's absurd. But they do it,
just because they don't know any better. There are some rotten business men among
Suppose defendent says, “I didn't know what I was doing. My mind was a
blank. I had pains in the back of my head—my vision was obscured. There were
49 red devils climbing up my leg, and they chased each other up my suspenders.
I didn’t know what I was doing. They lodged in my head, and I couldn't think.
They lodged in my eyes, and I couldn't sec.” ( an you use these declarations, made
after the homicide, on the question of his then mental condition?
There was a strong dissent there, wasn't there 4 to 9. or something like that?
As I remember it. neither opinion gave any legal reasons for the decision. One
judge said. “It is!" The other said, "It isn't!” And so they decided it by a vote,
and logic yielded to brute strength. Of course brute strength doesn't do us much good.
That rule is beautiful—in prose, and it would be even better in poetry. If
I were on the jury. I'd say, "Oh, give him a hundred dollars”, lake this s
suit of J)
u.fl i cl°-
clothes, this whole outfit,—it’s worth more to me than to anyone else. If I had
to sell it, the second-hand man would probably give me five dollars for it, that is,
outside of the watch. Excluding “my joolry”. I might get seven dollars. New,
the whole outfit cost me upwards of twenty-nine dollars. Course I bought it on time,
but I couldn’t get anywheres near that. So what good is the rule? But there 'tis.
Dr. Parkhurst,—haven't heard of him in a long time. Wonder if he's dead. Have
any of you ever heard of him? No? Then he must be dead. You’d have heard of him
if he weren't.
On the question of market value, only the evidence of recent sales is competent.
Evidence of a sale from the patroon is no good. Where the price was a bushel of
wheat and six fat fowls, it doesn't help much in attempting to prove present market
Why, that’s just what I want to know. You tell me. My mind is a blank. You
If your client is rich, or has rich relatives, (and that’s just as good), get a
real expert. You march into court followed by half a dozen clerks carrying huge
volumes,—and they build a sort of wall around the witness chair. Then he picks
one up, preferably right side up, although for his purposes it doesn't make much
difference. Then lie asks the Doctor on the witness stand if he has read so-and-so s
work on such and such. “Yes". “Do you agree with him when he says"-
(quoting the work) “No”. Then repeat this with several other books.
Another way to do is to take down another very ponderous volume. Then ask
him if he's familiar with “Roach on Bones". If he says he is, say “I read you a
paragraph from that work on page 520." Then you read something that isn't there,
and say, “Do you recall that passage?” “Yes". “Do you agree with that?” “ es .
Then turn the book around, show him that there is no such passage, and that the
book isn't “Roach on Bones", and that Roach never wrote such a book anyway.
Of course you can't fool 'em all that way. Most of them are wise to that trick, from
sad experience. But if you get an old country doctor, you’ll probably succeed with
Of course, you should tell your stenographer that whatever goes on in the office
is privileged—that she is not to go home and tell the neighbors what goes on.
And law clerks. They used to do that. I remember when I started studying law, I
was with an old gent, of the old school he was sixtv-five when I met him—and
he took me aside and gave me a lecture on privilege. And there’s no reason why
they shouldn't do that. You know how a stenog's tongue wags. She gets out to
some pink tea, and fairly busts with the news that so-and-so’s wife is about to
get a divorce. And doctors too. Some of them come home and tell wifey everything.
I know one who lost a lot of business and prestige that way. You shouldn’t discuss
your clients’ problems that way. For wives will talk.
That’s just my opinion. If you don't agree, why when you get out, you take it
to the Court of Appeals, and I 'll put their decision in my notes.
2fjPZtr = J
A M This wasn't a mere barroom discussion, altho' often serious constitutional
questions are decided there.
Sometimes people come into your office who have never had occasion to consult
a lawyer before, never engaged one, or had any dealings with one. It is a big moment
in their lives. I hope, if you ever get any like that, that their friends have told
them they'll be expected to pay a retainer.
Well, help yourself to the reasons. There's a bushel of them. We can't be
stingy with reasons so near Christmas.
Real Evidence: Plaintiff loses a leg. You bring it into court, nicely mounted
on plush, and garnished with blood. Of course, it’s plaintiff’s leg, and he can pro-
bably identify it. Except for wear and tear, it's in the same condition as of the
time of the accident. But it is not admissible because it would shock or prejudice
the jury. Often organs or parts of the human body are brought into court pre-
served in alcohol. Then the attorney for the plaintiff will accidentally knock the
cover off the object, exposing it to the view of all. lie probably won't notice it
for a few minutes; then lie'll make a hurried dive to conceal it. Don’t do that.
Win your case on the merits, and properly, or lose it the same way. But don’t try
to be cunning.
About questions to the jury. If you ask them one question you're all right.
But if you ask them two or more, and it is possible for an inconsistency to creep
in. the jury will give two or more inconsistent answers. Of course, that’s none of
my business, because that is a question of practice.—But about those questions,
I said it was none of my business, but I'm not afraid of butting in anywhere. So,
remember those two things. If you can get all the information you want in one
question, don't ask two. Make it as simple and comprehensive as possible, but ask
only one. If you don’t, you'll find yourself up a tree. Over and over again I've seen
juries answer Question One in the affirmative, making the only logical answer to
Question Two a negative, and then calmly decide to answer the second in the affirma-
tive also. And there you are. So put it all in one question. That's the first bit of
advice. Second, if you are the plaintiff, don't ask any questions of the jury. Of
course, if you are the defendant, you’ll probably want to get the record filled with
Even in the case of a release under seal, if it was obtained by fraud, you can
prove that, no matter how many “Know All Men By These Presents", and “In The
Name of God, Amen's” you have in it. (Alice, where art thou?)
You cannot show failure of consideration in a deed under seal, to defeat the
deed. But that's like trying to prove a horse hasn't five legs. lie doesn't need
Well, there's some difficulty along the line here, and I guess you know as much
about it as 1 do. Not that that amounts to a great deal.
The material on these pages is not put there merely for the purpose of using
paper and ink. It's very practical, all of it. You’ll use it all the time. That is, if you ff
would arise. Xot so if, when I left, my coattails were straight out behind me, if I
had robbed a bank or failed to support my family, and gone clean to Canada.
Death is not then presumed, because the facts explain why I disappeared, and
didn't come back.
Judicial Notice of Facts: (Hunter v. N.Y.C.R.R. Co., 110 N.Y. 015).
The question in that case was whether the plaintiff was nine feet tall. The court
discussed the point at some length and then very solemnly announced that if the
plaintiff was actually nine feet tall, it was very extraordinary.
After reversal, and upon the second trial, the witnesses will probably change
their stories to produce the facts indicated by the Court of Appeals as essential for
a verdict. And if you're a defendant, don't think you're going to have the plaintiff
thrown out of court, merely because his witnesses have changed their stories. That’s
a constitutional privilege of every citizen,—to swear to anything he pleases at any
time he pleases.
They say, “fools and children tell the truth ”, and it’s true,—about children,
A lawyer makes a “turrible witness".
Never mind what the court said. What do you think about it? Good, I’m of the
same mind. 'The case comes directly within the statute, but the court said it was not
within the -spirit of the statute (Sec. 347, C.P.A.) and so was admissible. But if
you get a case like that, apply the rules as you know them. If the spirit is there,
and you can get it working, all right. Otherwise, apply the rule.
Law Student’s Credo
That 7,( 58 cases are assigned during the three years.
That nobody ever did every case assigned.
That Mr. Ford assigns at least nine cases per day.
That the Editorial Staff of the Verdict are the biggest grafters.
That nobody ever failed Patents.
That Equity is a hard course.
That Ray Allen has memorized the Civil Practice Act.
That Union College men are all politicians.
That nobody ever made any money as a lawyer.
That Mr. Ford makes up his jokes before class.
That it must be nice to be a Senior.
That the Dean is always correct.
That I will study during vacation.
That Medina knows what is going to be upon the bar.
That Devil’s Own and Chancery arc deadly enemies.
That Criminal Law is an interesting course.
That the ( ourt of Appeals writes its opinions for the benefit of law students.
os9:20 The Bell.
9:21 Lecturer begins to take attendance.
9:23 DeCamilla arrives.
0:24 Jacobson arrives (if he arrives).
9:30 Schenectady local arrives. Lecturer completes taking attendance.
9:38 Steiner begins to take notes.
9:50 O’Reilly takes his constitutional walk.
10:00 Carroll follows, with hidden newspaper.
10:04 Allan walks out.
10:14 Absentees return in body.
10:17 End of hour. Hell.
10:18 l eombruno reads a case. Loeser stacks books. "Minority goes into a
huddle with Old Golds.
10:25 The Bell.
10:26 ( lass starts back.
10:27 ( lass sits back.
10:28 Conley goes out after his notes.
10:30 Brennan, O’Reilly and Lazarus begin face-making contest.
10:34 Conley returns.
10:35 ('ontest ceases. Lazarus sketches winning mug. Herrick and ('onley inspect
10:40 Harry Allan begins spouting sections and subdivisions of the ( . R. A.
10:48 Mother Goose interrupts Harry.
10:49 O’Rourke leaves.
10:57 He returns.
11:01 Loeser opens window.
11:02 (doning closes it.
11:03 Lazarus opens it.
11:04 Carroll closes it. It remains closed.
11:06 Peters draws shade.
11:09 Fitzgerald wakes up.
11:10 Effron goes to sleep.
11:11 Kane begins to recite.
11:23 Bell stops Kane.
Streppa wanders in.
Class gets hungry.
('lass exchanges brief cases.
Iluhrmaster socks Brown.
Brown socks Buhrmaster.
Fitzgerald socks both. Battle ends.
Keenan wakes up and asks a question.
Keenan gets slapped down.
Keenan goes back to sleep.
Morris crosses legs.
Carroll finishes briefing cases.
Brief cases strapped up.
Bell. O’Rourke reaches door first.
“Many diminutives or contractions of proper names are in common use. Some
are as well recognized as standing for and representing the longer form as would the
arrangement of lines and symbols which we interpret as “Mary”, represent that
name. They and the full name are synonymous. By everyone and everywhere they
are so understood. They equally identify the person referred to. Of others, the same
thing may not be said. There is no such general agreement as to their meaning.
Perhaps they are more truly nicknames, used by friends and relatives, not the public.
Such, for instance, are ‘(’lift'' for ‘RadcliftV, ‘Gan ' for ‘Gansevoortk Will' for
‘Wilbur’ or ‘Wilfred’, ‘Minnie’ for ‘Wilhelmina’, ‘Sibel’ for ‘Isabella'."
(Andrews, J., in H. R. Co., Inc. v Smith, 242 X. Y. 2(57)
The comic-seriousness of the bench has never more nearly attained the heights
ruled by Groucho Marx. Personally, our vote goes to Andrews, .1.. for we think he is
really serious. Xowhere in the opinion does he admit that he is kidding us. The
critics disagree on the interpretation of this passage, George Jean X'athan insisting
that the learned jurist must have been humorizing; II. L. Mencken, with his usual
sardonic bitterness, says, “Nay, nay, friends, he really meant to be serious.”
Unskilled to praise, unwilling to offend.
Mg verse is framed to gain no private end,
But routes imbued with truth's fresh genuine glow,
From one thou never knew, and ne'er wilt know.
Hark! When lie rises to expound his case,
A buzz of approbation fills the place.
“Look! What a handsome lawyer”, goes around.
While notes of admiration much abound.
While plodders dull, unconscious of grimace.
Sit lost in thought profound, he in his place
Many a jibe and joke, and villainous pun.
Slyly hands round—enjoying glorious fun.
With tremors strange his fluttering pulses beat
And his blood quickly mounts to “fever heat”;
He neither can go on. nor yet retreat !
Pai l Brennan
Versed in the subtle tactics of the law,
And all its varied learning—we once saw
This lad swear witnesses in—mild, pious, kind.
With honest heart and highly gifted mind.
This mighty athlete, with scholar’s brain
Toils through his case, and seldom toils in vain.
Thinking plain truth needs no flowers of speech,
But once aspiring far beyond his reach.
Keep, then, this first great precept ever near.
Short be your speech, your matter strong and clear.
i or,Baldwin Ohittenden
“ I’d abolish opinions if made at great length.
They take up so much of a law student’s strength.
Then law'd be a mistress and no ugly wench;
But all with this IF,—Were I on the bench."
But never draw, nor spin the thread so fine.
That all becomes an evanescent line.
This advocate, in confidence so weak,
lie scarce can muster breath enough to speak.
And gets each sentence by a painful wrench.
Wears in his hat more law than half the bench.
This friend, at glaring folly never winks.
But looks, and bluntly utters what he thinks.
Another lad thinks all the world must see
There must be wisdom where there’s gravity!
Still rivers—he has heard are always deep.
Ergo he sits as though he were asleep.
Wisdom, like beauty, with itself content.
Needs not the foreign aid of ornament,
Its native charms are its peculiar boast
And 'tis when unadorned—adorned the most.
And still they look’d
And still their wonder grew.
That one small head
Could carry all he knew—.
Lo! while he speaks, in groups they all throng as near
As their disturbed olfactory nerves can bear,
To the rare precious things his mouth discloses,
Opening their ears, and stopping all their noses.
A lex a n n er Gold berg
Many there are, mix’d up among the rest.
With genius, taste, and soundest judgment blest,
Whose powers given by nature with liberal hand,
Wait but a genial season to expand.
Skillful, acute, in legal lore profound,
In close reasoning's art—he stands on lofty ground.
From misty error’s dull ophthalmia free,
lie secs things clearly, and makes others see.
A sage student, who, with a proper pride.
Courteous at once appeared and dignified.
With charming tone, and gentlemanly ease,
Insured respect, yet never failed to please.
He begins with dignity, expounds with grace.
Each ground of reasoning in its time and place.
Upright, sincere, laborious is this youth.
Zealous he seeks and fain would find the truth,
Hunts it through all the mazes of the mind
Nor leaves a case or note unread behind.
The time for honest folks to be abed
Is in the morning, if I reason right;
And he who cannot keep his precious head
Upon his pillow till it's fairly light.
And so enjoy his forty morning winks.
Is up to knavery—or else he drinks.
Behold him slowly rising in his place
With ponderous solemnity of face
Anxious to give his labouring pangs relief.
And to unload his bosom and his brief.
Bight learned Thebans are ye! well ye know it!
Dry as arithmetic and grave as Moses,
You're genial comrades for a mad-cap poet
That loves the song of birds and smell of posies!
Oh. how can a modest young man
E'er hope for the smallest progression,—
The profession’s already so full
Of lawyers so full of profession!
Sa LVATORE 1 vEOM BRUNO
Yet could he. deaf to popular applause,
(Often withheld without just cause)
To one great object keep his aim confined.
And, trusting to himself, enrich his mind.
lie goes straight forward till his journey's done,
Xe'er tempted from his road by joke or fun.
Laborious, as if working by the hour,
Like a steam engine of enormous power.
“The midnight oil I once did burn
While pleading in poetic courts.
Now serves a much more useful turn.
Illuminating dull law reports.”
George M Isaac
“ Look wise and say nothing, whatever you do
A key to the secret that leads to success,
11 is fortune to make, and his efforts to bless.
f ff Eri
“flow large was Alexander, Father,
That parties designate
'1'he historic gentleman as rather
“Why, son, to speak with conscientious
Regard for history
Waiving all claims, of course, to heights pretentious.
About the size of me."
With playful wit, conjoined with manly sense,
And all the charms of graceful eloquence,
lie moulds the listener to his will
And pleads his case with hard-earned skill.
A penceless youth who hovers
O’er Blackstone drear and dry,
Would seem the worst of lovers -
But how this youth can sigh!
Acute he is—but not above his peers—
And wise enough—but not beyond his years.
When to the close arrived, make no delays
By petty flourishes or verbal plays,
But sum the whole in one deep, solemn strain.
Like a strong current hastening to the main.
High in his class, of commanding mien.
With aspect ever cheerful and serene;
Mild, yet decisive, forceful and direct,
lie wins affection, and commands respect.
10!)What use, what strength of reason, and how much
Of hooks, of precedents, hast thou at hand!
Hooks should be read; but if you can’t digest,
The same’s the surfeit, take the worst or best.
You wish the Court to hear and listen too?
Then speak with point, be brief, be close, be true,
Cite well your cases; let them be in point;
Not learned rubbish, dark, and out of joint.
“Blackstone” was his favored diet,
With a dessert dish of “Kent”,
And he served up bits of “Greenleaf”,
Every single place he went.
Steady and cool, on him, from end to end,
Safely his anxious client may depend.
With careful tread, and nice sagacious nose
Like a staunch pointer, o’er his ground he goes.
STB PI I EN WaSZK IEWICZ
A weaver of life’s tapestry
He secs the shuttle glide.
And learns the human misery
That mars the hidden side.
Who with a subtle art that ne’er distracts,
Finely concentrates on his leading facts,
110Inter Oli a
L -JIt i
pBfloiYfl mW€ wumi
“From the days of Socrates and Xantippe, men and women have known what
is meant by nagging, altlho' philology cannot define it, nor legal chemistry dissolve
it into its elements. Humor cannot soften nor wit divert it. Prayers avail nothing,
and threats are idle. Soft words but increase its velocity, and harsh words its vio-
lence. Darkness has for it no terrors, and the long hours of the night draw no drapery
of the couch around it. The chamber where love and peace should dwell becomes an
inferno, driving the poor man to the saloon, the rich man to his club, and both to the
arms of the harlot. It takes the sparkle out of the wine of life, and turns at night into
ashes the fruits of the labor of the day.”
MacGregor v MacGregor 31 S.W. 890
Do you remember the day that:
DeCamilla bought a newspaper?
O'Reilly didn’t leave the room during the first hour?
Kffron didn't go to sleep?
O’Rourke wasn't the first man to leave the room at the end of the last hour?
Steiner was caught without a case?
Kane made a recitation within five minutes?
Cloning didn't unbutton his vest?
Brennan and Carroll didn't pitch nickels?
Everyone agreed with the Dean?
Rube wouldn't give Ford a ride downtown?
Ford gave Rube a ride?
Clem did not call upon DeCamilla?
Herrick’s hair was not combed?
Carroll would not listen to a “good” story?
Mountain told the Dean where he “got off”?
Peters did not laugh at a joke?
Sam Ilesson made a mistake of law?
Chittenden borrowed Carroll’s briefs?
Spira refused to answer upon the ground of public policy?
Looser didn’t have the next case?
Hanley forgot his comb?
Keenan didn’t give his famous “birdie”?
All the student “clerks” appeared at the Capitol at 2.00 P.M.?
Famous Last Remarks
and that, briefly, is the Civil Practice Act.”
lit,Wain 3 3 @W DAWM3'
110AutographsIndex to Advertisers
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Albany Transit Co............................ v
Bender, Matthew Co. vi
Bert's................ ................... x
Boyce Milwain.............................. x
Hunter Heating Co........................vii
Lyon, J. B. Co...........................vi
McEwan Coal Co...........................vi
McManus Riley.......................... v
Murphy, Thos. Co......................viii
National Savings Bank ; jx
Choate Seating Co. v
Co-operative Pub. Co......................... iii
Empire Decorating Co. xiii
Evory Co.................................... ix
Gleason Wallace Co. ... x
Glocckncr, Florist........................... vii
Spalding, A. G................................. x
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University Barl cr Shop........................xi
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