Welcome Our New Director of Programs, Education, and Research!

October 2, 2024October 2, 2024Historical Society of the New York CourtsBlog

Historical Society of the New York Courts Names Dr. Julia Rose Kraut As Its New Director of Programs, Education, and Research

The Historical Society of the New York Courts has named Dr. Julia Rose Kraut as its new Director of Programs, Education, and Research. The unanimous vote was cast at the Society’s biannual meeting of the Board of Trustees on September 24, 2024, and she started in her new position on October 1, 2024.

Julia Rose Kraut holds a JD, as well as a Ph.D. in History, and she is a member of the New York State Bar. Dr. Kraut is a legal historian who specializes in immigration and First Amendment law and history. She is the author of Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States (Harvard University Press, 2020), which is the first legal, social, and political history of the barring and expulsion of foreign noncitizens from the United States based on their political beliefs, expressions, and associations. The book traces this history from the Alien Friends Act of 1798 through the War on Terror. Dr. Kraut has received numerous grants and fellowships to support her research and writing, and she has delivered lectures on her work at various colleges, law schools, museums, and academic conferences. Dr. Kraut has also contributed chapters in edited volumes, including Whose America?: U.S. Immigration Policy since 1980 (University of Illinois Press, 2023) and Whistleblowing Nation: The History of National Security Disclosures and the Cult of State Secrecy (Columbia University Press, 2020).

Dr. Kraut began working with the Society in 2016, when she served as its inaugural Judith S. Kaye Fellow and taught a legal history course she designed Civil Rights, Civil Liberties, and the Empire State at Bard High School Early College in Manhattan and, a year later, in Queens. In this course, public high school students from across New York City learned how to read, analyze, and brief legal decisions and to place them in historical context, while understanding how laws have shaped history and paved the way for the nation’s current freedoms, protections, and challenges. Dr. Kraut also designed and taught a Law and Justice course for students at George Jackson Academy in Manhattan and served on the Society’s Education Committee. In 2022, she returned to Bard High School Early College for the Society and taught Preserving & Protecting Democracy in America: Civil Rights, Civil Liberties, & Civic Participation. She used this course as the basis for her creation of Building Informed Citizens Today for a Better Tomorrow: A Resource Toolkit for Teaching American Democracy & Government, an online resource available through the Society’s website containing lesson plans, classroom activities, videos, timelines, court opinions, and primary/secondary sources for secondary school teachers to use to teach civics, law, and history. In 2023, she became the Society’s inaugural Resident Education Fellow. In her new role as Director of Programs, Education, and Research, Dr. Kraut will work with Society staff and Board members on developing public programs and podcasts, editing and coordinating the publication of Judicial Notice, facilitating legal history and oral history projects, and expanding the Society’s educational programs.

Lifetime Member of the Society Honored at 60 Centre Street

July 9, 2024July 9, 2024Historical Society of the New York CourtsBlog, Public Events

This article was written by Adrian Untermyer, a Society Trustee and an urbanist who advocates for historic preservation and improved transportation in Greater New York and nationwide. Mr. Untermyer is former Deputy Director of the Historic Districts Council and began his career as a Legal Advocate at the Urban Justice Center. For further information and to keep in touch, visit him online at www.adrianuntermyer.com and follow him on Twitter and Instagram.

This post was originally published as Friend of McAneny Honored at New York Courthouse by the Friends of George McAneny.

The magnificent New York County Courthouse is a “distinctive, six-sided judicial monolith” in the heart of Lower Manhattan, and owes its existence, in part, to George F. McAneny.

Former Chief Judge of the State of New York and Society President Jonathan Lippman embraces Werner following the unveiling of his plaque (right). Photo Credit: Adrian Untermyer

While the Courthouse’s McAneny connections are now better known following an exhibition there remembering the noted civic leader one man has long served as a key link between the memory of George McAneny and the structure he helped create.

That man is John F. Werner, lifetime member of the Society and the former Chief Clerk of the Civil Branch of the Supreme Court of the State of New York, New York County. Chief Werner contributed decades of distinguished service to the Court, and also served as an accidental preservationist there in the classic McAneny mold. And by working behind the scenes to help organize podcasts and special events, Werner continues to breathe life into the facility even in retirement.

The inaugural Norman Goodman Lecture took place in the Courthouse’s monumental rotunda. Photo Credit: Adrian Untermyer

It was only fitting that an event Werner helped organize served as a surprise tribute to the McAneny-inspired leader. The proceedings – billed as the inaugural Norman Goodman Lecture, so named for Werner’s longtime mentor and boss – began innocently enough. With John Werner seated in the first row together with his family, Dr. Jon Ritter kicked off a series of presentations featuring professors Greta Berman and Helen A. Harrison on the Courthouse’s stunning Works Progress Administration murals and comparisons to their contemporaries.

But as the presentation drew to a close, select attendees knew something special was in store. With well-wishers such as Werner’s longtime colleague and former Chief Judge of the State of New York Jonathan Lippman in attendance, the focus shifted to McAneny’s acolyte seated in the front row. To the words of a proclamation by Deputy Chief Administrative Judge Deborah A. Kaplan, colleagues unveiled a handsome new gold-and-black plaque affixed to the Rotunda’s smooth walls. Dedicated to John F. Werner, Esq. for “30 years of outstanding service,” the plaque also celebrated his “dedication and passion to preserve the Courthouse and to share its rich history.”

A new plaque celebrating John F. Werner now graces 60 Centre Street’s rotunda. Photo Credit: Adrian Untermyer

The impromptu celebration connoted famous remembrances from film and television, with Werner’s friends, family, and colleagues gathered all assembled for the surprise. An element of theatricality made sense, as Werner’s beloved Courthouse has long served as a host for film and television productions.

So with all of the attendees standing by, and George F. McAneny’s spirit alive in the room, John F. Werner received the recognition he so deeply deserved. “It was a splendid occasion,” wrote John’s son, John Jr., and it would have been difficult to disagree.

Harry Kendall Thaw Had A Problem

July 8, 2024July 8, 2024Historical Society of the New York CourtsBlog, Judicial Notice

This blog article was written by Mary Noé, a lawyer and professor in the undergraduate Legal Studies program at St. John’s University and editor of The Legal Apprentice, a showcase for student writing. Ms. Noé talks more extensively about the Harry Kendall Thaw case in the article “Murder At Madison Square Garden: A Dream Team’s Insane Game of Judicial Cat and Mouse” from Issue 18 of the Historical Society of the New York Courts’ Judicial Notice publication, a journal of articles of historical substance and scholarship that uniquely focuses on New York legal history. Be on the lookout later this week when we publish a podcast episode where host Eric van der Vort, Ph.D. speaks about this case with Mary Noé herself!

Harry Kendall Thaw, one of the wealthiest men in America, had a problem: if a jury found him guilty of murder, he would die in the electric chair at Sing Sing. It seemed like an open and shut case. Six months before his trial and in the presence of hundreds of people, Thaw shot the renowned architect Stanford White twice in the face and once in the shoulder with his 22-caliber gun in the presence of hundreds of people. White was watching the musical comedy Mamzelle Champagne on the rooftop of Madison Square Garden, a building he designed. At the heart of this tragedy is a girl, Evelyn Nesbit, and her chastity.

Presiding at Thaw’s trial was New York Justice Thomas W. Fitzgerald, who five months before was held in contempt for failure to respond to his debtors in court. The lead prosecutor was William Travers Jerome, a foe of Tammany Hall and a remote cousin of Winston Churchill. Harry Thaw’s dream team was led by Delphin Delmas, known as the “Napoleon of the California Bar” along with attorneys John Gleason, Clifford Hartridge, Daniel O’Reilly, Henry McPike, and A. Russell Peabody.

Law Day 2024 Art Contest Winners

May 1, 2024May 1, 2024Historical Society of the New York CourtsBlog, Law Day

On May 1, Chief Judge Rowan D. Wilson announced the winners of the 2024 Law Day Art Contest, co-sponsored by the Society and the Office for Justice Initiatives. Nearly 100 students entered the competition from every corner of the state, but there can only be three winners. We congratulate Mitchell Homick (7th JD), Shangjing Chen (10th JD), and Milo Brustein (2nd JD) for their magnificent art that portrayed what Voices of Democracy means to them.

First Prize, “Liberty Sings” by Mitchell Homick

Artist’s description:
In developing this work, I was driven to demonstrate how a unique sense of unity within our country is developed during the election process. I felt that Lady Liberty would portray the unified voice of the nation. In the piece, Lady Liberty sings an ode to democracy next to a ballot box as she encourages the audience to vote and have their own respective voices heard. As she presents herself in the opera show, symbolizing an election, the biggest spotlight in the theater highlights the importance of her guidance. The audience is represented primarily with red and blue to show the partisan nature of our country. Despite this political division, Americans are able to come together in the theater to hear Liberty sing.

Second Prize, “Democracy Bring Us Together” by Shangjing Chen

Artist’s description:
At the center of the work is a figure speaking into a microphone. This represents the main concept of democracy; the voice of the people. The stairs under the microphone represent the step-by-step progress Americans have made using their voices since they were granted free speech. The three branches next to it represent the ideas proposed by the people and adopted by the government; making the distribution of power more equal and allowing more people’s voices to be heard. Behind the figure is a globe, representing the power of democracy to influence the world. Finally, the different races of hands at the bottom represent different voices and are considered a representation of democracy. What people think matters and should be expressed.

Third Prize, “The Source of Our Voices” by Milo Brustein

Artist’s description:
The inspiration behind this piece came to me when I thought about the voices of democracy, more specifically where they come from. I then realized that many of us in this modern day get our voices from entertainment and media, which I thought was important to express. To illustrate this, I depicted the modern American family gathered around the TV, where icons of our democracy are shown (Lady Liberty, The bald eagle) speaking into a mic to express how they are the voices of our nation. I think that it’s important to recognize that the many pieces of media we consume build our sense of right and wrong, and we reflect that in our own voices.

Society on the Road: Region 9 Association of Public Historians Meeting

April 12, 2024April 12, 2024Historical Society of the New York CourtsBlog

The Society is heading upstate for a virtual presentation to members of the Association of Public Historians of New York State’s Region 9 Meeting. Executive Director Marilyn Marcus and Deputy Director Allison Morey will provide the attendees with information about the Historical Society’s many projects as well as information about the history of New York’s court system, from the Dutch colonial era to today.

The meeting will be held on May 4 in Fabius. Presenting organizations also include Syracuse University Special Collections Research Center and the Onondaga Historical Association’s Archives and Special Collections. We are delighted to join our colleagues and help provide researchers with the tools they need to support their projects.

Judicial Notice 18: 2023

February 22, 2024April 15, 2024Historical Society of the New York CourtsJudicial Notice, Publications

Issue 18

Buffalo v. Rochester: The Judge and the Anarchist at the Dawn of the 20th Century
by Hon. Richard A. Dollinger

Murder at Madison Square Garden: A Dream Team’s Insane Game of Judicial Cat and Mouse
by Prof. Mary Noé

Samuel Jones Tilden: Lawyer, Statesman, and Victim of Fate
by Hon. Helen E. Freedman

Watch Chatting with the Authors: A Series of our Podcast
Episode 21: Communications Strategy Fellow Dr. Eric van der Vort speaks with authors Prog. John Q. Barrett and Henry M. Greenberg, Esq., about one of New York’s most preeminent jurists: Benjamin N. Cardozo.

Download Judicial Notice Issue 18

Judicial Notice 18 — Out Now!

February 9, 2024March 29, 2024Historical Society of the New York CourtsBlog

Issue 18 of Judicial Notice is now arriving on our members’ doorsteps. This issue features articles about important New York legal figures and judges, fascinating cases, and a Cardozo speech that hasn’t been published since he originally gave it!

Soon we will be restarting our Chatting with the Authors podcast series with Communications Strategy Fellow Dr. Eric van der Vort as the host. We’ll discuss the authors’ interests in their topics and behind-the-scenes stories that didn’t make the cut in the article. Read on to learn more about the issue with the Hon. Helen E. Freedman’s Letter from the Editor in Chief.

Judicial Notice 18 articles take us back to New York events occurring in the latter part of 19^th and early part of the 20^th centuries. Judge Richard A. Dollinger describes the intersection of the lives of two diametrically opposite characters in Western New York: John Hazel, the old line G.O.P. loyalist who, in 1900, became the first Judge from the newly created federal district court for Western New York, and Emma Goldman, the famous if not notorious Russian immigrant and anarchist. Judge Hazel presided over the trial and sentencing of Leon Czolgosz, President William McKinley’s assassin. Czolgosz claimed to have been influenced by the work of Emma Goldman, making her seem to be an unindicted co-conspirator, although the two never met and Goldman decried his act.

Professor Mary Noe recounts the amazing story of Harry Thaw, socialite and assassin of renowned architect Sanford White. Thaw, the scion of a wealthy New York family, was prosecuted twice for murdering White, but it seems the lawyers and judges involved in the prosecution ended up in as much trouble as did the defendant. In the second trial, his insanity defense prevailed, but Thaw was committed to Matteawan State Hospital until he was able to prove he was no longer insane.

Your editor has written an article about Samuel J. Tilden, a distinguished New York lawyer, governor, and statesman, who won the majority popular vote for president in 1876 and who could have rightfully claimed that the election was stolen; but who sought for the sake of the country not to challenge the result. Breaking up the notorious Tweed Ring and assuring the establishment of the New York Public Library are but two of things for which Tilden should be remembered.

Although Judicial Notice has already featured a number of articles about New York Chief Judge and United States Supreme Court Justice Benjamin N. Cardozo, it seems there will never be too many.

Former Judicial Notice Editor and State Bar President Henry M. (Hank) Greenberg provides what he aptly describes as an “inspiring tribute” in Washington, the Constitution Builder, that Chief Judge Cardozo delivered in 1932, one week after having been nominated by President Herbert Hoover to the United States Supreme Court. The speech was part of an Albany celebration of the 200^th anniversary of George Washington’s birth. Given during the heart of the Great Depression, it resounds with meaning for us today. In a short accompanying article, Greenberg speaks about Cardozo’s significant extra-judicial writings that have contributed mightily to our understanding of American common law and jurisprudence and the development of the Rule of Law as a cornerstone of democracy.

In the “Angle of Repose,” Professor John Q. Barrett describes a letter written in 1948 between Jacob Billikopf, an immigrant who became a prominent social worker, and Edward Lazansky, a first generation American who became a successful New York lawyer, New York’s Secretary of State, and Presiding Justice of the Second Department. Both, as young Jewish men during the turn of the century, had become friends and admirers of Judge Cardozo. In the letter, written ten years after Cardozo’s death, Lazansky assures Billikopf that the scholarly and judicial Cardozo also possessed a dry wit. It was demonstrated when Cardozo tried to enlighten a colleague about a case involving a bulkhead in Jamaica Bay and Mill Basin in New York. Professor Barrett followed up with a scholarly description of the actual case, which may be of particular interest to maritime lawyers.

Read Issue 18!

Remembering Hon. E. Leo Milonas

February 9, 2024March 19, 2024Historical Society of the New York CourtsBlog

It is with sadness that the Historical Society has learned of the passing of one of our founding Trustees Hon. E. Leo Milonas on January 2, 2024.

Judge Milonas was a resolute jurist who administered New York’s courts for a quarter-century throughout his storied career. He started as a Criminal Court judge in 1972, became at State Supreme Court justice shortly thereafter, and was appointed to the Appellate Division, First Department in 1982. In 1993, Chief Judge Judith S. Kaye named him Chief Administrative Judge. In this role, Judge Milonas became instrumental to upgrading court facilities and computer systems as well as tightening the rules of conduct for attorneys. After serving as Chief Administrative Judge, he returned to the Appellate Division and retired in 1998, returning to private practice that year. Judge Milonas also served as president of the New York City Bar Association from 2002 to 2004 as well as chair of the New York Commission on Judicial Nomination.

The Historical Society has been named to receive donations in his honor, and the following people have made a contribution in Judge Milonas’s memory.

Anonymous
Hon. Carmen Beauchamp Ciparick
Eventgeline Douris
Hon. Helen E. Freedman
Ruth Friendly
Richard Mark & Maura Harway
Susan Kohlman
David Lindley
Mary and Mitchell Mark
Paul Samuels
Takemi Ueno

Navigating Sovereignty: Unraveling the Treaty of Canandaigua and Its Impact on Haudenosaunee-U.S. Relations

November 30, 2023November 30, 2023Historical Society of the New York CourtsBlog

The intricate relationship between tribal nations and the United States has a long history that predates the U.S. Constitution. Undergirded by a number of treaties that collectively recognize the sovereignty of tribal nations, the relationship is, at its best, one of nation-to-nation engagement. Yet the history of nation-to-nation engagement has been a troubled one, marked by unfulfilled commitments and deep disagreements about how treaties apply, to whom, and when. Today, we explore a selection of the treaties that have defined relations between tribal nations and the State of New York.

We look specifically at the history of relations with the Haudenosaunee Confederacy, and particularly the Treaty of Canandaigua, a pivotal document that shapes our understanding of sovereignty, land rights, and cultural preservation. This blog post aims to provide a small window perspective on Haudenosaunee-U.S. relations, with no claims to being exhaustive.

Prior Treaties

The Treaty of Cananadaigua was one of a series of treaties between the United States and the Haudenosaunee. Before Cananadaigua was signed in 1794, two other treaties were established. The first was the Treaty of Fort Stanwix (1784). This was a foundational agreement between President George Washington’s delegation and the Haudenosaunee. Seeking peace, the treaty outlined separate sovereignties for both parties. Federal boundary lines were established to prevent further settlements and conflicts. A second treaty, the Treaty of Fort Harmer (1789), reaffirmed the sovereignties of both the Haudenosaunee and the United States. Emphasizing federal boundary lines and principles of peace and friendship, this treaty played a significant role in shaping the evolving dynamics between the parties.

How the Great Law of Peace Helped Shape New York and American Democracy

November 9, 2023November 30, 2023Historical Society of the New York CourtsBlog

Long before Europeans came to North America, a thriving democratic system was established in the heart of what would become New York State. The Haudenosaunee Confederacy, known to the French colonists as the Iroquois League and the English colonists as the League of Five Nations (later, Six Nations), was already well-established, united in a confederation of nations governed by their Great Law of Peace. As we enter Native American Heritage Month, the Historical Society of the New York Courts would like to honor the Haudenosaunee’s deep contributions to the development of our own democracy, here in New York State and the United States overall with just a peek into the story of how the Haudenosaunee’s governance principles played a pivotal role in shaping New York’s government and laying the foundation for American democracy.

The Haudenosaunee Confederacy

The Haudenosaunee, composed of the Mohawk, Oneida, Onondaga, Cayuga, and Seneca nations, with the later inclusion of the Tuscarora, were the original inhabitants of the land that is now New York State, as well as parts of contemporary Canada. They established a system of governance known as the Great Law of Peace, which dates to the 12th or 13th century. This system embodied principles that resonated with the very core of democracy. The Great Law of Peace is said to have been brought to the nations by the Great Peacemaker, who helped the previously conflicting nations to come together in a confederacy on the shores of Onondaga Lake near today’s Syracuse.

A Council of Nations

At the heart of the Haudenosaunee system was the “Great Council,” a council composed of representatives from each member nation. While it might not have been a direct antecedent of today’s Congress, it shared the fundamental principle of representative democracy. These representatives, or sachems, deliberated and made decisions by striving for consensus, a concept that is a cornerstone of American democracy. Consensus decision-making, the process where all parties involved must agree on major decisions, was central to the Haudenosaunee’s governance. They understood that fostering unity and ensuring that every voice was heard was essential. This emphasis on consensus echoes in the American political system where the framers of the U.S. Constitution aimed to reach agreements and compromise among diverse interests.