Essex County NJ Archives Biographies.....John Runkle EMERY, 1842 - 1916
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Joy Fisher http://www.genrecords.net/emailregistry/vols/00001.html#0000031 November 8, 2008, 5:21 pm

Author: Mary Depue Ogden, Editor  (1917)

EMERY, John Runkle, LL. D., Lawyer, Jurist.

  When on December 31, 1915, Judge Emery retired by resignation caused by ill
health, he had held the high position of vice-chancellor of the State of New
Jersey for twenty years under appointments from Chancellors McGill (1895), Magie
(1902), Pitney (1909). He was a native son of New Jersey, a graduate of her
great university, a soldier of the State, serving in the Civil War, a member of
the State bar, an advisory master in chancery, and vice-chancellor. He was in
his seventy-fourth year and there was no period during those years when New
Jersey was not his residence and the scene of his labors. The Commonwealth of
New Jersey has never lacked noble sons, men of learning and high character, who
as lawyers and jurists have been her pride, men who by their devotion made
"Jersey Justice" proverbial, and a terror to evil doers. Among all the bright
galaxy of sons who have adorned her bench no name outranks that of John Runkle
Emery for faithfulness, broad and deep knowledge of the law, fairness, sound
judgment and common sense. His decisions as vice-chancellor fill thirty-two
volumes of the Equity Reports of the State of New Jersey, a fact remarked by
Supreme Court Justice Francis J. Swayze: "The best tribute that could be paid to
Mr. Emery's memory."

  Vice-Chancellor Emery was a son of William Patry Emery, born near Flemington,
New Jersey, July 17, 1811, died there in 1888, one of the successful business
men of his day and an honored citizen. He began business life as a clerk at the
age of fourteen years, opened later a general store in Flemington under his own
name, became a leading merchant of that town, continuing until 1864, when he
sold his mercantile interests to engage in timber land and lumber dealing in
Northern New Jersey and Pennsylvania. He was mainly instrumental in the
construction of the Flemington Railroad to connect with the Central Railroad of
New Jersey at Flemington Junction; was one of the organizers of the Hunterdon
County Bank, serving on the directorates of both railroad and bank. He was a
devout Presbyterian, served as elder for many years, was deeply interested in
the work of the American Bible Society and County Bible Society, and aided in
all good works. He married Ann Runkle, who was highly esteemed in the community
for her broad charities and many adornments of character, being ever
distinguished for her service to others. She was a remarkable woman in many
ways, possessing a wonderfully retentive memory, a pleasing personality, was a
great reader of good literature, an active factor in church work and charitable
organizations, and was a noted character for the aid rendered the soldiers by
her during the period of the Civil War.

  John Runkle Emery, son of William Patry and Ann (Runkle) Emery, was born at
Flemington, New Jersey, July 6, 1842, died at his home in Morristown, New
Jersey, January 30, 1916. He obtained his early education in Flemington private
schools, continuing his studies at Dr. Augustus Studdiford's School at
Lambertville, and Edge Hill School at Princeton, New Jersey. In 1858 he entered
Princeton University, collegiate department, whence he was graduated A. B.,
class of 1861, president of his class. He was then nineteen years of age, but
had decided upon the profession he would follow, and immediately after
graduation from Princeton began carrying his plans into effect. He began the
study of law under the direction of Bennett Van Syckel, later a Justice of the
Supreme Court, and Abraham V. Van Fleet, whom Mr. Emery succeeded as
vice-chancellor, both then eminent members of the Hunterdon county bar. His
legal study continued until August, 1862, when he decided it was his duty to
march to the defense of his country's flag. He enlisted as a private in the
Fifteenth Regiment, New Jersey Volunteer Infantry, known as the "Mountain
Regiment," having been recruited from the hill sections of Warren, Sussex and
Hunterdon counties. The first  engagement of this regiment was at
Fredericksburg, after which it took part in the famous "mud march." It was next
engaged in the Chancellorsville campaign, and in all of these Mr. Emery was an
active participant. He received the commission of second lieutenant, but after
an attack of dysentery he was sent from Bakersville to Baltimore and not
recovering health was honorably discharged, February 23, 1863, on surgeon's
certificate of disability; he was not in battle but in active service.

  Returning home he resumed his law studies under his former preceptors,
continuing until entering Harvard Law School, where he was a student during the
years 1863-64. In the latter year he received the degree of A. M. from
Princeton, and in 1865 passed all the required tests and was admitted to the New
Jersey bar as an attorney and in 1868 as a counsellor. He began the active
practice of his profession in Flemington, in 1865, being admitted a partner with
his former preceptor, Abraham V. Van Fleet. This relation existed one year, then
was terminated by Mr. Emery's removal to Trenton, where he became a partner with
former Senator Augustus G. Richey. They practiced very successfully until 1874,
when Mr. Emery's health failed and he was advised to take a trip abroad, where
he remained one year, then returned with health restored.

  On his return from abroad Mr. Emery located in Newark, New Jersey, where he
engaged in practice and won high recognition as an able lawyer. In 1885 he was
appointed advisory master in chancery by Chancellor Runyon. He grew rapidly in
legal power and in public esteem. He was ever a hard worker and was noted- for
the great painstaking and conscientious labor he performed in the preparation of
his cases. Clear and concise in his argument and authority, eloquent in his
speech, he was a powerful advocate of the cause he represented. In 1901
Princeton University recognized the learning and ability of her son and
conferred upon him the honorary degree of LL. D. On January 29, 1895, he was
appointed vice-chancellor by Chancellor McGill, succeeding his former preceptor
and partner, Abraham V. Van Fleet. At the expiration of his term in 1902 he was
reappointed by Chancellor William J. Magie, and was appointed for a third term
in 1909 by Chancellor Mahlon Pitney, now a justice of the Supreme Court of the
United States. During his terms as vice-chancellor he held his chambers in
Newark, residing, however, in Morristown, New Jersey. In 1912 his health again
failed and he took a short rest later resuming his judicial duties, but was not
ever again in good health. In September, 1915, he had a severe attack from which
he did not fully recover, and he then tendered his resignation to take effect,
January 1, 1916. It was accepted and he was placed upon the retired list under
the veterans retirement act of 1912. He took an active interest in the Uniform
Divorce Law Congress.

  Shortly after his retirement Mr. Emery was presented with a silver loving cup
in honor of his twenty years and eleven months' service, coming as a gift from
Chancellor Edward Robert Walker and Vice-Chancellors Frederic W. Stevens, Eugene
Stevenson, Edmund B. Learning, James E. Howell, Vivian M. Lewis, John H. Backes,
and John Griffin. Mr. Emery was ill at his home and could not receive the
donors, therefore, the honor of making the presentation was delegated to the
Vice-Chancellor's old friend, Wickliffe B. Sayre, sergeant-at-arms of the local
Chancery Chamber, who performed the duty on Thursday. January 27, 1916, three
days preceding his death.

  Vice-Chancellor Emery was a Republican in politics. He was a member of the
standing committee of the diocese of Newark, first chancellor of the diocese
appointed by Bishop Edwin S. Lines, and for many years was a vestryman of the
Church of the Redeemer at Morristown. He was a member of the New Jersey State
Bar Association; New York Chapter, Military Order of the Loyal Legion of the
United States; A. T. A. Torbert Post, Grand Army of the Republic, Morristown;
Washington Association of New Jersey; Fifteenth Regiment Association of New
Jersey Volunteers; Essex Club of Newark; Morristown, Morristown Field and Morris
County Golf clubs of Morristown, and a life member of the American Bible
Society. His college fraternities were: Phi Kappa Sigma and Clio Hall, Princeton
University.

  Vice-Chancellor Emery married at Mount Savage, Maryland, October 6, 1885,
Alia, daughter of James S. and Annie (Robb) MacKie, and in 1891 located their
home in Morristown where Mrs. Emery continues her residence. Children: Allita,
born January 10, 1887, wife of Paul Ray Applegate, of Pittsburgh ; John MacKie,
born August 15, 1888; Steuart MacKie, born January 12, 1891; Theodore, born
November, 1893.

  While there were many tributes paid to the memory of Vice-Chancellor Emery by
his brethren of the bench and bar and by organizations of which he was a member,
one of the most touching was that paid by the members of the Lawyers' Club of
Essex County where the older members of the club spoke feelingly of their dead
friend while the younger members paid tribute as listeners.

  The meeting was called to order by President Frank Bergen and on motion of
Supreme Court Justice Francis J. Swayze, Vice-Chancellor Frederic W. Stevens was
chosen as presiding officer. Vice-Chancellor Stevens remarked that "No sadder
task could be imposed upon one than that of paying the last tribute to a
departed friend." He then read a lengthy eulogy of Mr. Emery.

  Richard V. Lindabury, Robert H. McCarter and Edward M. Colie were named a
committee to draw up suitable resolutions on behalf of the club and later in the
meeting submitted the following minute, which was read by Mr. Colie.

  The members of the Lawyers' Club of Essex County, as an expression of their
high appreciation of the Honorable John Runkle Emery, late vice-chancellor,
unanimously adopt the following minute:

  More than twenty years prior to his appointment to the equity bench, Mr. Emery
adopted this as his home bar. He quicky and easily won for himself the respect
and admiration of the profession, and a place as a leader not only here but
throughout the State. This position was justly his in recognition of his
character, his high ideals, his uniform professional courtesy and his learning.
In 1895, upon the death of Vice-Chancellor Van Fleet, the selection of Mr. Emery
as his successor, not only met with approbation, but was welcomed as an
appointment of one especially equipped for the place. For more than twenty years
it has been our privilege to practice before him as a vice-chancellor. Not only
did he possess character, good judgment and learning—essentials in a judge—but
his equity knowledge was so complete and he possessed such skill in applying it
that he became conspicuous throughout the country as an exceptionally able
equity judge. He was called upon to decide many of the complicated and novel
questions involved in the important litigation of recent days and he has made
one of the largest and most important contributions to the equity jurisprudence
of this State. His mind was mature. He heard a cause patiently, considered it
conscientiously and brought to its solution his extraordinary knowledge, and
litigants in most cases were willing to rest upon his decisions as just and
final. He was a man of remarkable industry and his fidelity to his work beyond
all question shortened his life. In his death this bar has lost a revered
member, the equity bench an efficient and distinguished vice-chancellor and the
State a citizen who has well and conspicuously served it and brought to its
courts high honor. We direct that this minute be entered at length upon the
records and request a copy recorded in the minutes of the Circuit Court of this
county and a copy sent to the family of Vice-Chancellor Emery.

  After the reading of the resolution Secretary Clarence S. Blake read a letter
from Chancellor Edwin R. Walker who, after deploring his inability to be
present, owing to illness, paid a high tribute to Mr. Emery's worth as a lawyer
and a vice-chancellor.

  Justice Swayze said that the work of Mr. Emery would live forever in the
jurisprudence of New Jersey, and cited the fact that his decisions filled
thirty-two volumes of the equity reports of the State of New Jersey, the total
reports for the States filling eighty-two volumes. This, declared Justice Swayze
was the best tribute that could be paid to Mr. Emery's memory.

  Richard V. Lindabury said:

  The estimate of the character of Vice-Chancellor Emery, as given by
Vice-Chancellor Ste-lens and Justice Swayze were so accurate in describing his
attainments and his work that it is not necessary to say anything more except
that they speak for the bar. To the members of the bar he was what he was to his
associates on the bench. He was an able and fair judge. He had an instinct for
the truth and an instinct for the right in a case. Even if he had not been the
great lawyer he was he would have been a great judge.

  Judge Frederic Adams, of the Circuit Court, who was a classmate of the late
vice-chancellor at the Harvard Law School, in 1863, said:

  Many were more intimately acquainted with him at the bar, but few here knew
Mr. Emery earlier than I did. It is more than fifty years ago in the winter of
1863 that I first met him. Then we were fellow students at Harvard Law School,
together with Nehemiah Perry, Henry Young, Job H. Lippincott and Abram Q.
Garretson. Those four are all gone, and the veteran jurist's voice trailed off
to a whisper, as he slowly said, "now Emery is gone."

  Judge Adams said he had always regretted that the path of Mr. Emery and
himself in legal work kept them apart, except on rare occasions, and paid a high
tribute to him as a judge and a lawyer.

  Others who spoke were former Attorney Robert H. McCarter, Edward Q. Keasby,
Clarence Sackett and Edwin J. Raynor, the latter having been a student in Mr.
Emery's office in the early 8o's. He related many instances of kindliness and
carefulness with which Mr. Emery aided those in his office.


Additional Comments:

Extracted from:

MEMORIAL CYCLOPEDIA OF NEW JERSEY

UNDER THE EDITORIAL SUPERVISION OF MARY DEPUE OGDEN

VOLUME III
MEMORIAL HISTORY COMPANY NEWARK,  NEW JERSEY
1917


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