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James Topham Brady was born on April 9, 1815 in Manhattan, New York County. He was of pure Irish ancestry. His parents had emigrated from Ireland in 1812, settling at first in Newark, New Jersey, and moving in 1814 to New York City, where he was born April 9, 1815.
His father, Thomas J. Brady, a man of much intellectual attainment, had opened a private preparatory school, being subsequently admitted to the New York bar, and the son was given a thorough classical education.
James Brady entered his father's law office in 1831, and while yet a student gave evidence of the possession of unusual forensic ability, assisting his father in all his court cases. He was admitted to the New York bar in 1836, and his first case brought him prominently before the public. It related to the status of a slave, Coppen, and though he was unsuccessful his handling of the matter was masterly. From that day he was in constant demand in all classes of cases.
In 1843 he was appointed district attorney for New York, and in 1845 became for a short period corporation counsel, but these were the only public offices he ever filled. Later in his career he was offered the position of attorney-general of the United States, but declined. His ability was displayed over the whole field of law, civil and criminal, and his services were requisitioned in every class of litigation and before all courts, both trial and appellate.
In 1865, toward the end of his career, he was appointed a member of the commission which sat at New Orleans to investigate the charges of maladministration against Generals Banks and Butler and the Gulf Military Department but the ensuing report was never published.
He was a strong supporter of the administrative measures of the Government during the war, appearing on the public platform, and making speeches, which, by their brilliance of thought and patriotic spirit, attracted national attention. He was "absolutely indifferent to the prizes of political life".
In 1861 he refused the Tammany nomination for mayor of New York City, declining also repeated invitations to enter the state legislature and Congress. Every important position in the control of the Democratic party of New York was in turn proffered him in vain.
He died in New York City, February 9, 1869. Brady's funeral occurred at St. Patrick's Cathedral, and he was interred at Calvary Cemetery.
Among Brady's most famous legal undertakings was the defense of Daniel Sickles during his trial for the murder of Philip Barton Key, the then Attorney General of the District of Columbia. Shortly after the Coppen case, he appeared as junior counsel to Daniel Webster in Goodyear vs. Day ("the India Rubber Case") his opening speech drawing forth unstinted praise from his celebrated colleague. Henceforth he was recognized as a leader of the New York bar, and for the next twenty years appeared on one side or the other in almost all the important lawsuits of the time. The Parrish and Allaire will cases, and the trial of Cole for murder, in the latter of which he invoked the defense of moral insanity, are outstanding instances of his facile handling of extremely difficult problems of medical jurisprudence. In purely civil cases he was equally effective. In one case he obtained $300, 000 damages, the largest verdict up to that time given in a civil court. On the criminal side his influence over juries was phenomenal. He was counsel in fifty-two murder trials, and only failed in one. In one week he defended in four homicide cases and secured acquittals in all. In addition to his gift for practicing law, Brady was imbued with a great appreciation of literature. Possessing excellent cultured tastes, particularly in writing, he contributed many fugitive pieces to the Knickerbocker Magazine and other current periodicals. His best known work, "A Christmas Dream, " written for the New World in 1846 and republished in book form, was extremely popular.
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He was equally prominent in politics, but never a leader, his independent habits of thought not being those of the professional politician. Prior to the war he was an ardent Democrat and ultra state's man, and in 1860 permitted himself to be nominated as candidate for governor of New York as a supporter of Breckinridge, actuated solely by a desire to uphold the principles he believed in, and knowing well that there was not the slightest chance of his election.
Brady's briefs were always carefully prepared, nothing being left to chance, and he was tireless in his study of all conceivable contingencies. As a student he had acquired a thorough knowledge of the underlying principles of law, and in his practise he did not concern himself much with precedent. Technicalities had no attraction for him and he always strove to bring himself within some broad principle.
He was endowed by nature with a facility of speech, which, assiduously cultivated and molded by long study, and embellished with felicitous classical quotations, became well-nigh irresistible with a jury, whilst his arguments, clear, logical, never verbose, were put with a force and sincerity which always impressed the court.
He was also intensely interested in the subject of insanity, of which he made a special study in all its phases.
James Brady's personality possessed from the start a valuable asset in an innate courtesy and urbanity of manner which was charming. These qualities were surely contributive to his professional career.
In his appearance he was of medium height, and good physique. He always attracted attention by his piercing eye and monumental head, which was larger, it is said, than that of Webster. His manner was courtly, his conversation sparkling, and he was insensibly the center of attraction in the social circles where he loved to relax.
Brady remained a lifelong bachelor, so he never married. His brother, John R. Brady, was a judge of the supreme court of New York, 1869-91.
