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In page Joseph Gary:

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Gary was still active as a judge at the time of his death, and was the oldest judge on his court and one of the oldest judges in the country at the time. He held court on the morning before his death. He became ill the morning of his death, and soon died at home just after noon.[citation needed] On April 1907, a special election was held to fill the remaining four years of his term. Republican William H. McSurely narrowly defeated Democrat William Emmett Dever.[4][5][6]