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On September 19, 1881, President James A. Garfield died of an assassin's bullet. His last words were "My work is done." With Garfield's shooting, however, the work of the prosecution began. The trial of the assassin, Charles Guiteau, was one of the most renowned in our history.
At the request of President Chester Arthur, the prosecution was aided by one of the nation's most prominent lawyer's, John K. Porter,1 who from 1865-1867 had served as a judge of the Court of Appeals. The New York Academy of Medicine describes the event this way:
"On July 2, 1881, President James A. Garfield was preparing to escape the summer heat and malarial swamps of the nation's capital by boarding a train at the Baltimore and Potomac Railroad Depot, when suddenly, Charles Guiteau appeared in the President's vicinity and shot him. Guiteau, who was immediately apprehended for his crime, languished in prison while the President lingered in pain in the White House. On September 19, 1881, President Garfield died, and Guiteau was soon indicted for murder.
"Some of the country's most prominent psychiatrists, one of them a fellow of The New York Academy of Medicine, encouraged a plea of not guilty, by reason of insanity. What ensured was undoubtedly the most celebrated 'insanity trial' of the nineteenth century. The American public, who had been avidly following the deteriorating health of the President and clamoring for news of his would-be assassin, found themselves immediately spellbound by reports of a courtroom drama whose tension and emotion they could never have anticipated. The trial quickly became not simply the trial of an assassin, but a trial of American psychiatry itself, as a fundamental but essentially private disagreement within the psychiatric profession about the very nature of insanity became the unexpected focus of a cause célèbre."2
Judge Porter's cross-examination of Guiteau was so effective in defeating Guiteau's insanity defense that Francis L. Wellman gave it a chapter in his classic work The Art of Cross-Examination. In its December 2, 1881, headline, the New York Times characterized the cross-examination as "Guiteau's Day of Torture."
It would be wrong, though, to connect Judge Porter with the Guiteau trial to the exclusion of his other, myriad accomplishments. Few people dominated the New York Reports for as long as he did. Beginning with his first Court of Appeals case in 1854, he appears extensively in the Court's official reports. Although he was said to have defective sight and hearing, he was one of the country's premier lawyers, having argued over fifty appeals in 20 N.Y. to 26 N.Y. alone. He argued his first appeal in 10 N.Y. and his last in 82 N.Y., over 100 in all, with time out to serve on the Court from 31 N.Y. through 37 N.Y. (i.e., 1865-1867).
Judge Porter was born in Waterford (Saratoga County), New York, on January 12, 1819. His father, Elijah Porter (1775-1841) was a physician, the son of Major Moses Porter, a Revolutionary War hero who in 1765 married Sarah Killam, a lineal descendant of Captain Miles Standish.
At 16, Porter entered Union College, in September 1835, receiving his degree in 1837 with all the honors any student could win (including Phi Beta Kappa), along with a warm commendation from Governor William L. Marcy, one of the trustees. He attended the National Whig convention at Baltimore in 1844, which nominated Henry Clay for the Presidency. On Porter's admission to practice before the State's Supreme Court in 1846, he took his rank among the bar's leadership, and was a member of the State Constitutional Convention that year. In 1861, he distinguished himself as a member of New York's constitutional convention.
In 1847, Porter married Sophia Todd (the daughter of Eli M. Todd, a member of the State Assembly in 1828), and the following year left Waterford for Albany, where his practice grew, in partnership with Peter Cagger and Nicholas Hill, Jr., who had served as State Law Reporter from 1841-1844. When Hill died in 1859, Samuel Hand, who later served on the Court of Appeals in 1878, joined the firm. At the time, the firm's library was said to be the most valuable ever collected in the profession.
In 1862, Porter prevailed in the celebrated "Parish Will Case," involving a 30-million-dollar estate (see Delafield v. Parish, 25 NY 9 [1862]) and successfully defended Horace Greeley, editor of the New York Tribune, in a libel case brought by the Assembly Speaker DeWitt C. Littlejohn.
On January 2, 1865, Governor Reuben E. Fenton appointed Porter to the Court of Appeals to fill a vacancy created by the resignation of Henry R. Selden (1805-1885). In November of that year, he won election to the Court, defeating Martin Grover (1811-1875).3 Commentator Irving Browne recounts that the greatest speech he ever heard in a courtroom was made by John K. Porter on the question of the good faith of an assignment of creditors,4 and that as a judge, Porter's prose is seen at his best in Bascom v. Albertson (34 NY 584 [1866]), in which he wrote, "they had been warned by the experience of their ancestors that the free alienability of property is as essential to the healthful condition of a State as the flowing of the tides to the purity of the sea, or the circulation of the blood to animal life."
Judge Porter served only until December 31, 1867, when he resigned to practice law in New York City, where he prospered as one of the luminaries of the bar. In "The Art of Advocates and Public Speaking" (Williamson Law Book Co. 1905), the author, Joseph W. Donovan, quotes a number of prominent lawyers and their favorite words of advice. John K. Porter's were "Stop short when you have gained the real point with a witness" (id. at 3). His clients included the Erie Railway, Western Union, and Central Pacific. In 1875, he represented Henry Ward Beecher in his case against Theodore Tilton, who in one of the most scandalous cases of the post-civil war era accused Beecher of adultery with Tilton's wife. The jury could not reach a verdict.
In 1876, two weeks after voters went to the polls to choose between Rutherford B. Hayes and Samuel J. Tilden, the New York State Bar Association was founded. John K. Porter was the Association's first president. He challenged the new organization to "exercise a collective and permanent influence" on the great issues of the day (74 NY L Rev 64 [1940]).
For a number of years Judge Porter continued to practice law, but his activities were curtailed for the last seven years of his life. In failing health, he spent the summers at Schroon Lake and winters mostly in New York and the South.
Judge Porter died on April 11, 1892, in Waterford, where he had been born 73 years earlier. He left a widow, his second wife Harriet B. Tibbets (nee Cramer) Porter, whose father John Cramer, as a presidential elector in 1804, cast a vote for President Thomas Jefferson's reelection.5 His first wife, Sophia Todd, died in 1858.
Judge Porter was survived by a son, William L. Porter, a lawyer, whose mother was Judge Porter's first wife.6 There is a Union College scholarship established by his widow, in his name. It is available to students attending Albany Law School. In his day, Judge Porter's reputation was towering. In an Albany Law Journal article, the writer refers to him as coming "nearer to being a genius than any other man at our bar. . . . we have watched his wondrous power . . . until we have grown to regard it as almost magical."7 In a tribute to Rufus Choate, one writer declared that Choate was the best equipped advocate who ever spoke the English language, and that the man who most nearly approached him was John K. Porter.8 In a lengthy biographical sketch of Judge Porter by Grosvenor P. Lowrey, these words stand out: "[Porter's] personal and professional integrity stood like a mountain height in comparison with the average man's fidelity."9
Judge Porter was survived by a son, William L. Porter, an attorney. No living progeny have been identified as yet.
This biography appears in The Judges of the New York Court of Appeals: A Biographical History, ed. Hon. Albert M. Rosenblatt (New York: Fordham University Press, 2007). It has not been updated since publication.
Sources Consulted
Browne, The New York Court of Appeals, 2 Green Bag 277, 282 (1890).
Clark, The Murder of James A. Garfield: The President's Last Days and the Trial and Execution of His Assassin, McFarland & Co., Jefferson, N.C., 1994, 185 pp.
Encyclopædia of Contemporary Biography of New York, New York: Atlantic Publishing and Engraving Company, 1878, pp. 17-23.
Lowrey, John K. Porter, 4 Green Bag 438 (1892).
Lowrey, John K. Porter, 4 Green Bag 353 (1892).
McAdam, History of the Bench and Bar of New York, Vol. 1, p. 451, New York History Co., 1897.
New York Times coverage of the Charles Guiteau Trial, December 1881-January 1882, particularly December 2,3 1881 and January 1882.
New York State Bar-A Sketch of the Association from its Organization, 49 Alb LJ 50 (1894).
Obituary, Washington County, N.Y. Obituaries Vol. 4, pp. 1418-1419, a collection of newspapers in bound volumes in the New York State Library, Albany, N.Y.
Snyder, Great speeches by great lawyers: A collection of arguments and speeches before courts and juries, New York, 1892, 763 pp. American Law: Collected Essays on the Constitutionality of Legal Tender Acts, p. 421.
Sylvester, History of Saratoga County, Philadelphia: Everts and Ensign, 1878.
The Bench and Bar of Kings County, N.Y. and the Bench and Bar of the City of Brooklyn, 1686-1884: with legal biographies, etc. Brooklyn, 1884, 140 pp.
Union College Upon the Bench and at the Bar, 51 Alb LJ 406, 408 (1895).
Wellman, The Art of Cross-Examination, (2d ed. 1904), pp. 357-377.
Published Writings Include:
Snyder, Great Speeches by Great Lawyers: A collection of arguments and speeches before courts and juries (1892).
The Bench and Bar of Kings County, N.Y. and the Bench and Bar of the City of Brooklyn, 1686-1884: with legal biographies, etc. Brooklyn, 1884.
Guiteau trial: Closing speech to the jury of John K. Porter of New York (January 23, 1882), reported by J. Polhemus, 1882.
Address of the Honorary Chancellor of Union University, reported by J. Munsell, 1879.
In memoriam, James T. Brady, Address before the Association of the Bar of the City of New York (February 13, 1869), 54 pp.
Proceedings of the Albany Bar on the occasion of the death of Lewis Benedict of Albany (1864), 27 pp.
Treasury notes a legal tender: Argument of John K. Porter in the Court of Appeals of the State of New York, in the case of Metropolitan Bank and others, superintendent of Bank Department, appellant (June 27, 1863), reported by Wm. Blair Lord (Weed, Parsons and Company), 1863.
Personal liability laws: Argument of John K. Porter for the plaintiffs in error in the Supreme Court of the United States in the cases of Duncan, Sherman & Co., et al vs. James M. Smith, receiver of Oliver, Comstock & Cassidy, 1862.
The Position of a Loyal Democrat: Speech of Hon. John K. Porter, at Glen's Falls, New York Times, October 28, 1862, p. 2.
The Parish will case: Argument of John K. Porter, in behalf of the respondents, in the Court of Appeals of the State of New York (January 10, 1862), reported by J. Munsell, 1862.
Argument of John K. Porter, counsel for the disfranchised corporators of Trinity Church, delivered before the Select Committee of the Senate, Albany (1857).
Argument of John K. Porter, on the trial at Albany, of William Landon; Acquitted July 21, 1855, on a charge of violating the Prohibitory law, reported by H.H. Van Dyck, 1855.
Argument of John K. Porter of counsel for the managers on behalf of the Assembly, on the trial of John C. Mather, one of the Canal Commissioners (1853).
Address Delivered Before the Young Men's Association of the City of Albany, Weed, Parsons, 1850.


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On the day his little brother died, Wes Rypien was working up north, far from the Southern Alberta Rockies where he and Rick were inseparable most of their lives.
Wes received an alarming message from his cousin, Mark Rypien, and called his mom Shelley to find out what was going on. She told her son that his brother had killed himself. Rick Rypien, just 27 years old, was gone. They'd lost him.
"Everything kind of stopped," Wes recalls. "I didn't know what to do. Stuff goes through your head. You wonder if it's actually real. You're kind of in disbelief and denial.
"What bothered me the most is you always wonder if you did enough. It never crossed my mind that he did something to me. But you feel terrible, like: Did you do enough? What could you have done differently? That's the hardest part for me."
Those questions will probably always haunt Wes. But he is doing something now, and so are the Vancouver Canucks and the six other Canadian teams in the National Hockey League.
Seventeen months after Rick Rypien, beloved by family and teammates, took his own life to escape a decade-long battle against depression, Canada's NHL teams will announce Thursday morning a February initiative called "Hockey Talks." The program aims to raise awareness about mental health and elevate the fight against the silence that so often surrounds depression and other illnesses.
The Canucks, with whom Rick spent his troubled, six-year career, are driving the program and will officially open it with a presentation at their home game Friday against the Chicago Blackhawks.
"Rick confided in me his desire to talk to young people and let them know it was OK to ask for help," Canuck vice-president T.C. Carling says. "It was imperative for me to fulfil that wish for Rick. It's OK to talk about mental health, and it's OK to ask for help. We've started the conversation and want to continue the conversation."
Funded by a $50,000 donation by the Canucks, local health authorities relaunched the website mindcheck.ca one year ago. Since then, 54,000 visitors to the site have conducted a self-assessment of their mental health, and many of those people will have sought treatment for issues that include clinical depression.
Wes Rypien, who works in the mining industry, was planning his annual hockey school last summer in Crowsnest Pass, Alta., when he was approached by a woman who knows his family.
"She said there was a friend of hers whose son knew about Rick and went on the website and realized he was suffering from a lot of the same symptoms," Wes says. "He brought this to the attention of his parents. He was 14. She just wanted to tell me because the website is actually working."
This is Rick Rypien's legacy. Rick told teammate Kevin Bieksa about his mental health issues before training camp in 2008, and the Canucks helped coordinate and support treatment that included counselling and medication.
Back in Crowsnest Pass, Wes decided to move back in with Rick so he could be near when his brother was home.
They were born 18 months apart. They did almost everything together, and Rick followed Wes in hockey - from minor to junior and then the professional minor leagues before Rick surpassed Wes and played in the NHL.
"We've always lived together," Wes says. "Even though my parents were divorced, we were together since he was born. The only time we weren't together was when I went away to play hockey and then when he did. But when we were older, we were living together again.
"I got home from work one day and there was a phone call. The Canucks were on the road somewhere, and I got a message that I had to go pick Rick up at the airport. He kind of opened up about it. It was a bit of a shock (but) I knew something was up because one year he was having an issue about going back to Vancouver for the season. I couldn't figure it out because it was almost like someone flipped a switch from the person he was before."
Wes said he tried many times to talk to Rick about his issues, to tell him how great he was and how proud he and his family were of him, to let him know he was a positive influence on kids.
"Not just myself, but my parents would go over and over it with him," Wes says. "You'd think it would help, but it didn't. He'd pull back and even I wouldn't be able to talk to him.
"The Canucks and my family, a lot of people, did a lot of different things to help him. I think it's hard for anyone, who isn't suffering those symptoms, to know what the person is going through."
Despite Rick's illness and his change to someone people closest to him hardly recognized, Wes says he never considered that his brother might commit suicide.
"I made a comment that he was a ticking time bomb," Wes says. "But my worry was that he was going to hurt somebody else, not himself. Someone was going to say the wrong thing to him, like the fan in Minnesota."
On Oct. 19, 2010, Rypien briefly grabbed a fan on his way to the dressing room after a fight on the ice in Minnesota. The NHL suspended Rypien six games. He returned and played six more games, then left the Canucks again. Rypien never returned to the NHL, spending the last few weeks of that season in the minors.
On July 2, 2011, he signed a one-way contract to play for the Winnipeg Jets and Craig Heis-inger, the former Manitoba Moose general manager who gave Rypien his start in professional hockey and became like a second father figure to him. Rypien ended his life on Aug. 15.
Devastated, Wes sought counselling.
Last summer, he got married and in November he and his bride, Lindsay, had a baby boy named Luke. Wes thinks Rick would have made a terrific uncle.
Only recently has it become easier for Wes to talk about his brother. He is travelling to Vancouver for Friday's game and to support Hockey Talks.
Carling hopes the initiative will spread and eventually all 30 NHL teams will help shine a spotlight on mental health.
"It's still pretty hard on my parents," Wes says.
"Now that I have my own kid, I can't imagine how my parents felt losing one of theirs. For me, there has been no better feeling than seeing my son born. That has really helped me a lot.
"But I don't know if it helps with the grief because, for me, the grief is just there. I don't think that ever goes away."
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Michael Morisy's Favorite Techdirt Posts Of The Week
from the government-documents... dept
There was a lot of important news — good and bad — this week, on everything from how patent abuse tries to hold back healthcare even while making us pay more for it, to how a rag-tag, Whedon-esque coalition of organizations came together, against all odds, to fight NSA surveillance.
The following, however, are my daily favorites with a grand prizer winner at the end.
For those of you who don't know me, I am a huge government documents nerd and I co-founded MuckRock, a Freedom of Information request filing tool that occasionally graces these pages (including this week). If you're interested in this sort of thing, we have 20 free accounts set aside for Techdirt readers: Just email me with the subject line "Techdirt".
And now on to the week that was.
Monday: NY Times Profiles One Of The World's Worst Patent Trolls
I just caught up this week on This American Life's When Patents Attack, Part II, so while this story is one of the oldest in the book for long-time Techdirt readers, it's one that still resonates, and the reality is that if you run some kind of technology business (or even if you don't), you are in constant danger from patent troll looters backed by a broken legal system.
Tuesday: 7 Months Of Warrantless 'Just Metadata' Paints A Clear Picture Of Your Personal Life
There were so many great stories on Tuesday, but this one stood out. I feel like "Metadata" has received more widespread attention the past two months than in the prior 5 years, but perhaps it's still not enough given how open it is for abuse and poorly it is understood by policy makers, courts, and the general public. It was good to see some push back by the ACLU on this issue, as well as clear illustrations about the dangers and invasiveness of something so seemingly benign as just cell tower data. I'm hopeful that, like in Texas, the tide is changing.
Wednesday: Man Suggests Nature Walk To Observe NSA Spies Threatened Habitat; Has Law Enforcement Visit His Habitat
There's nothing I don't love about this story: The cheeky Facebook post that sets off international intelligence alerts, the innocent farce that becomes a legal "demonstration," or the surreal response by local police doing a simultaneous call-and-knock. It's hard to tell which is more childish: The civilian playing as nature guide, or the law enforcement playing as spies.
Thursday: ACLU Presents Its Findings On License Plate Scanners, Most Of Which Is Bad News
In April, MuckRock and the Boston Globe did a joint investigation into the amazing lack of policy around license plate scanning technology throughout the state. Now the ACLU has taken it 49 steps further and found that it's a national problem. In New York, one city's usage policy was only limited by an "officer's imagination." Not to editorialize, but this is what happens when Homeland Security gives high-tech gizmos away to departments with little or no oversight from policymakers. Ok, I editorialized.
Friday: TSA Now Searching Valet-Parked Vehicles, Utilizing A Crack Security Team Composed Of... Valets
Honestly, ever since I had a TSA agent lecture me about how dinosaurs never existed and another make me tuck my shirt in to go through their scanner, nothing surprises me about how they operate. This came close. At least I can still take the subway to the airport and avoid asinine TSA security practices. Oh wait, I can't.
Top Pick: FISC Says It Will Declassify Ruling That Forced Yahoo Into PRISM
Like I said, I'm a huge government document nerd, so I found this ruling really exciting and pretty surprising. I'm guessing Mike is right and that the released documents will be heavily redacted, but the fact that anything will make it out is a great development. I've already used the decision as the basis for a number of my own FOIA requests, and I'm hopeful it will shed more light on the lines not even tap-happy telcos wanted to cross.


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These vibrant orange polka dot print paper bags will make a fun and bright addition to your next celebration. Fill with favours, sweets and baked treats or lay out on a sweets table for guests to use.
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Our aim is to inspire you for your next celebration, whether it's a birthday, wedding, hen do or baby shower we hope you'll find party decorations or product which will not only add some style to your special occasion but will help you create memories you'll treasure forever. From personalised party bunting to stylish birthday balloons and dessert table supplies, you'll discover everything you could need to host the most exciting celebration. We now have a Brighton party shop too! Come and visit us at 16 Church Street, Brighton, BN1 1RB
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The Diablo III Website shows off a trailer from BlizzCon 2011, where the developers at Blizzard discuss the nightmare difficulty in Diablo III, their upcoming action/RPG sequel. In the clip artists Kevin K. Griffith, Nate Bowden, Nick Eberle, and Richie Marella reassure players of the challenge this will represent, which is reflected in the video's title: "Diablo III -- You Will Die. We Promise."
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JJTD needed a new logo design and created a contest on 99designs.
A winner was selected from 161 designs submitted by 29 freelance designers.
Buzz Worthy Planet
Buzz Worthy Planet is the new manifestation of a 20 year old company. We are a husband and wife team of success coaches. We create market domination strategies for small businesses and individuals. We are NOT stuffy or conservative. We're lovable and full of myrth! We believe that the journey is the reward!
We are targeting all people of the world who are looking for something beyond mediocrity. Male and female ages 25-55, most are small business owners. They are into social networking and success philosophies. They love being a part of an exclusive group and most are a bit "artsy".
This logo will be the backbone of our business rebirth! It has to look upbeat, successful, fun, global and credible. This logo will be the starting point for a series of companies that will change the way everyday people look at success. This logo will be the foundation of various off-shoots. This logo will be used for all advertising mediums both color and black and white.
We're not afraid of color! The only color we DO NOT like is brown.
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Find out how a design contest works or learn more about our logo design services.


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Ronald Balthazor 11/30/2003 1:56:29 AMVery well done, Andrew. Traffic flow may be a bit confusing but I like the image. #77932
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Phil's Fonts has over 100,000 fonts from 75 foundries worldwide. Not every font we have is displayed on this website. If you can't find what you're looking for here, there is still a chance we have the font. You can fax or email samples to our top notch font ID team to help you find the font or fonts that you need. Fax number is 301-879-9227, or email us here: firstname.lastname@example.com
Available Format(s): OpenType (OTF) | OpenType (TTF)
Foundry: Hackberry Font Foundry | SKU: HK00000102 | View License | D = Immediate Download
Contenu is the new book font family designed for an upcoming book on book family design. The name is French for content and this is what the family is designed for: text, body copy, and book layout. If it has a style is it a modern take on oldstyle serif font using Jenson as a mask. It's distant relative, six generations removed is Minister. As has been my practice lately, I made a Contenu Book family of Book, Book Italic, Bold, & Bold Italic. Plus I made a Contenu family of Medium, Italic, Black, & Black Italic. There are eight individual fonts, two 4-font families, and the 8-font family. Book and Medium use my 2010 OpenType feature set, but I made a new more limited feature set for the bolds and bold italics. One, I am convinced that the fancy features are not used with the bolder versions, and two, small caps are butchered as the fonts become more and more black.