Judge attire?

[LindaTrent]

Hi Guys,

I'm looking for photographs or detailed accounts of what a judge might wear while sitting on the bench. I doubt I can get this specific, but 1864, Kentucky would be great! :D

And while we're at it, did attorney's wear anything specific? The "Attorney for the Commonwealth" or the defense?

Thanks,

Linda.

[jgr1974]

Re: Judge attire?

Linda,

I would venture to say that attire for attorney's and judges were pretty much like today, a coat and tie is the appropriate attire of the modern day courts in my county. The judge would of course wear the black robe which is still a tradition used today. This is a tradition that was carried over from magistrates of England. As a side note one of the local judge's I work for told me the saying "big wig" actually came from Parliment as the higher your "rank " in the sstem the bigger the wig!

I would also ask if you have thought about the court room furniture as of yet? The standard for courts now, as I would imagine then is the Judge sets on an elevated platform higher than anyone in the room, as he is the highest level of the law!!! The jurors as well on an elevated platform, taller than the common area seats, but not as tall as the Judge. This is to also show the authority that the jurors have in applying the law to the case. Higher than the common citizen, but not as high as the judge. The attorneys would set at opposite tables in front of the judges bench, not next to it but several feet away. with the jury box to the left hand side of the judge. The prosecuting attorney is usually to the left of the judge as well, closest to the jury. The defense attorney to the right of the judge.

Just something to think of!

Jeremy

[CYoungJSU]

Re: Judge attire?

Linda,

I have attached a daguerreotype of Chief Justice Roger B. Taney (circa 1848) by Matthew Brady. He seems to be dressed in his robe. I believe the robe and a white cravat would be appropriate for a circuit court judge. Both defense attorneys and solicitors would be dressed in suits. I would venture to say that they would be dressed in the nicest clothing they had, seeing as how the court would be considered formal. I have attached images of William Lowndes Yancey, a fire-eater and prominant attorney in Montgomery, Alabama, and Clement C. Clay, another Alabama attorney. I would venture to say that the powdered wig had gone out of fashion for United States judges long before 1864. If you recall, most Americans in the Early Republic were wanting to distance themselves from British influences as much as possible. Most gentlemen were not even wearing wigs at the time of the American Revolution due to this. So, I believe it would be safe to say that your judge should have a robe, white cravat, black suit, and your attorneys should be dressed in conservative suits as well. These are my opinions based upon observations of various daguerreotypes and paintings. You may also be able to locate some images via the Library of Congress at www.loc.gov. If I uncover any other information, I will pass it along.

Hope this helps,

Chris

[GermanDraftee]

Re: Judge attire?

I would echo Mr. Young's observation that the wig had long since departed the American scene. The attire would also depend on whether the court was in an urban setting, or in the countryside (circuit riding judge). A lower-level local judge in a "Western" state, (Kentucky, Illinois, Wisconsin, Texas, etc.) might simply wear business attire. I attached a link to an article below. Some of the history and diversity of judicial attire in America is covered at the beginning.

http://www.filibustercartoons.com/judges.htm

[MrsArmstrong]

Re: Judge attire?

I searched under "courtroom" and found two.

1854

http://tinyurl.com/22f9mg

1859

http://tinyurl.com/249fkg

Hope these help.
Susan Armstrong

[LindaTrent]

Re: Judge attire?

Hi Jeremy,

I would also ask if you have thought about the court room furniture as of yet?

We're going to have to make the best with what we're given. Kentucky had around 20 courthouses burned in 1864/5, but from what I could find most of the courts were still able to be held in them.
Since the story is that court is being held in an inn because for some yet to be determined reason the courthouse is unusable in 1864, as in real life we're having to make due with the furniture that the inn has. It has tables, chairs, bar, barrelheads, benches and so both in 1864 and in real life we'll just rearrange those things the best we can to make a suitable courtroom.

A lower-level local judge in a "Western" state, (Kentucky, Illinois, Wisconsin, Texas, etc.) might simply wear business attire.

That would certainly be cooler for our judge. :D

Thanks!

Linda.

[CYoungJSU]

Re: Judge attire?

I was actually making some room on my shelf this afternoon for a new book I received and came across a book I read about two years ago that might be of some interest. Although this publication deals with South Carolina, it does have some useful images and information inside. The book title is:

Rebellion in the Temple of Justice: The Federal and State Courts in South Carolina During the War Between the States by Warren Moise

Moise is an practicing attorney in Mt. Pleasant, South Carolina. After I read the book, I contacted and complimented him a what a wonderful job he did with this work. I actually asked him some questions concerning two relatives from Spartanburg Distritct who were attorneys, one during the Civil War. Mr. Moise was very prompt in responding to my email and answering my questions. It is of interest that the Confederacy never had a Supreme Court.

I searched under "courtroom" and found two.

1854

http://tinyurl.com/22f9mg

It is also interesting to note that although this image was published several decades after 1854, all the attorneys at the bar seem to be wearing tail coats. Possibly this is because they are actually taking "oral" exams before the judges in order to "pass the bar" in order to practice,and that day was considered especially formal. I am interested in the transition of coat styles during the Antebellum Period and 1854 is not a date associated with gentlemen, specifically the younger men, wearing tails except for formal occasions such as balls. Very interesting...

Chris

[Hank Trent]

Re: Judge attire?

For lawyer's attire, how about a strip tease? Not that I'd recommend this, but it does seem to be Lincoln's shtick.

I've been reading Moonlight, Abraham Lincoln and the Almanac Trial, by John Evangelist Walsh, 2000.

There's a description of Lincoln arguing a case in 1854 as described by "an eyewitness." It's footnoted to A. Bergen, "Lincoln as a Lawyer, " Journal of the American Bar Association, June 1926.

It came Lincoln's turn to speak. He... took off his coat... slowly took off his cravat... He then took off his vest, showing his one yarn suspender...

Walsh says that at a trial four years later,

the casual disrobing act, again with emphasis on the yarn suspenders, also preceded any words, a fact vividly recalled by one of the jurors, John Brady. As the white-suited Lincoln approached the jury box, "he removed his coat, vest, and later, his stock, the old-fashioned necktie... his suspenders were home-made knitted ones, and finally as he warmed up to his subject one of the slipped from his shoulder, and he let it fall to his side where it remained until he had finished speaking.

That quote is footnoted to J. Gridley, "Lincoln's Defense of Duff Armstrong," Journal of the Illinois Historical Society, April 1910.

Here's a photograph of Lincoln taken just after the trial, apparently after he put his clothes back on

http://www.picturehistory.com/find/p/656/mcms.html

Hank Trent
hanktrent@voyager.net

[Hank Trent]

Re: Judge attire?

Just thought I'd add, the book also includes an 1860 print of Lincoln arguing the same trial. Unfortunately, it's hard to see what the judge is wearing, since only his head and shoulders and upper arms are visible above the bench, but it looks more like a dark coat than a robe, since you can see a white shirt, cravat and vest, as if the coat was unbuttoned in front.

Lincoln, however, is apparently pictured to look like a typical lawyer, rather than in his white suit. He has on a dark suit, possibly a tailcoat or frockcoat, hard to tell because a table partially blocks him. Thus one would also assume that the judge was drawn to look like a typical judge, and that a judge without robes, or with robes open to show his vest in front, would still look like a judge to the average person.

Hank Trent
hanktrent@voyager.net

[Hoosier]

Re: Judge attire?

Here is a sketch of the scene inside Charleston, Virginia courtroom for John Brown's arraignment hearing. Note that the judges at the table in front of Brown are wearing civilian attire and not robes. Click on link below.

http://www.picturehistory.com/find/p/7346/mcms.html

[Hoosier]

Re: Judge attire?

All,

I know this was an old discussion thread about what attire judges wore in courtroom, but I just stumbled across these pictures of Supreme Court justices in the 1840s. Although the image resolution is poor on some of the images, you can still clearly make out that the judges are wearing black robes. Check out the picture links below.


http://www.old-picture.com/daguerreo...dbury-Levi.htm

http://www.old-picture.com/daguerreo...cLean-John.htm

http://www.old-picture.com/daguerreo...seph-Story.htm