New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-25
For The Tribune
Courts Of ippcal>-The Past like the Pu,urr.

!
Courts Of Appeai>-The Past like the Pu,ure.
ARoeals-z1e Sup1ezo Co,ore uay-E1q Waa.-Ffse
Ycars Of Lalc 05o9, O5edtence-Hor7rH Vc,orio,as :,
Barr, on tie Curt Of E1m,-Rascor. M tle JUDGES
The Nature ~ Appoais-I0ot or J1ries-O Csaor on he
Bsa4''>' Of ne JDdieters-H Hastings g,, DO.
These double appeals said Nj Worden on
the Eth inst in the NAN pernicious It will
DC easy said Mr. Bascop in The Tribune lat January
70 provide that only such questions shall bc carried ~
fore the appeal tribunal new upon winch the
Judges in the Districts may disagree seek abatement,
trial the Circuit sad the dccsou OF or Judges
in the District might be generally final without injus.
tee Other legal gentlemen have repeatedly condemned
the practice OF double treble sppea--but does the
Judiciary Committee Report condemn them We
not punish Judge cannot udict him when we be
lisye ne j. partial biased Under the civil Ia" pre-
sinre That party could ezccp; spsrtia Judge,
with II. biased Juror. The perpetual wholesale
veGsai- IN decisions m Our courts show that something
j. wrong in the system WIN a remedy be found.
Tie Supreme C0arf "f Idrrc 3, OHc Man C0Uri
NF. Marin the other day gaze u the following in
sr1lctvc account OF the OF the present Supreme
Court, when sitting a Court o; Appeals
III our eight Courts, sitting bac revising Circuit
Court decisions there viii be no harmony OF decision
yet he doubted vhethcr possible for one Court Of
Appeal! TO do all the bushes. that would be brought be
tore them The supreme Court now, consists OF Three
Judges II you add -ix others 10 their number that viii
not double the powers OF the Cour because all the nine
must st and listen the arguments OF counsel
told tln -:cf the iiili,cusc mass of business
that Court that il the for the Judges when they
leave their divide the lawyers brief. and
among them and that eaci Judge rcvI-c= the cases al
lotted him Although they may read. each 10 all the
decision the several cases. yet. ear iht Is the prac
ticc the three the decision thus made ana
the conclusion arrived by He though, tina;
eight Courts sitting in banc, and deciding independently
oil the others would appeals 70 be made 70
the Cour, OF last resort
The prcsen, practice MAY be shown by examples
Ezra White tried for murder in New-iork. and
conyictcd-hs counsel appealed 10 the supreme Court,
which decided that he duly convicted, and he was
then sentenced 10 Dc hanged. There was wealth some
where in his The next appeal was 10 the senate
&c a Court OF Errors, which decided II 10 l. Van
Dvck) that the supreme Court and Court ~ New OTk
were ignorant of Law-that White Ind not been lnwiu
IL tied-and that he should be tired over again. Ihl-
remedy occupied two years. Where were the original
witnesses likely be n months thereafter Is this pro
lection to society Besides. in the Court OF Errors after
decision they haze their re hearings What poor man
can stand this expense W hat poor man could nave
done what John A. Barry, Nova Scotia lawyer, did
Fire Yca,< NJ Loc oJon' lfrie Superiority. on Do
me<tjc Equaiifp. Tie Bury Case.
Mr. Barry and ms wife. daughter OF Thomas A. Mef
cen OF Newfork, had lived unhappily They finally
pnrnrd He desired 10 have possession OF thcir>two
children Mrs 4 aud her father refused ms request
respects oftlcm, girl. The other aboy he got
MIR Barry in order that he might also get the girl APP
piled the Recorder for wit OF habcas corpus-sot
!t-but that would not do Tho Recorder gave only
lengthy opinion. Next, Nj Barry went TO the Chance
Tor who gave opinion. Then ne went to Judge
ln.s OF the \. V Common Pleas Tor the 3rd wit OF
haDcas corpus and ngs arrived nj the conclusion that
Mr. Merccn OBTAINING the child improperly, but
took months Ia reflect before ne would decide IN any
way.
Barry widower-had daughters by a former
wiic-had consented to decd OF separation from
his I'd wife, which Chancellor Walworh had declared
TO be an unlawful proceeding unless with the
oil his Court and for which it should approve
A private separation he held be Illegal contr"ct-
lie wished his wife continue to live WIN hm put she
declined and her father forbade him the house She
him that nc might come there once quarter to
see their child giving her "A hours notice Barry
is Il oyaist-a native OF New-fofk
Hosts OF lawyers employed, and fees innumerable
paid. Messrs. OConor, BidweN spencer, stevens Nc
Vean, Gerard, Griffin. Anthem. &C.
From nglis's decision Barry appealed to the supreme
Court H. and quash his proceedings as cr
roneous and unlawful. The supreme Court did al this
Judge Bronson declared the opinion OF that
Court 10 be- that there justitsblc cause for
fusing the father possession OF the child and tia custody
The supreme Court then granted Barry ith writ OF
IIabcas Corpus returuabe before Judge Oakley oi the
Superior Court Ny. MIR King in The american, said .
''The delivery u the above decision and opinion, rs be-
ing fully accordant with law evidently afforded much sq
siacon and qualification 70 ne NUMEROUS gentlemen OF e
Court was warmly congratulated o. the occasion by those
to Mno r ne Syas pvr c .9Tn law ,rocc.a
Judge Oakley costly, expensive and long cOn;in
ucd. In November, 1870 Mr. Mercein incrposed writ
OF Error Barrys writ oi Attachment; this garfield the
case before the Court OF Errors
After grand display OF law there nineteen members
including the Chancellor decided that regards the
law. Judges Cowcn Bronson aud Nelson We're wrong
and Judge lrelis right the Lcutenunt- Governor and
Gen Root going with the supreme Court! Barry had
wait nine months and petition the Legislature before
Inss would give any decision at all
lie complained TO the Court OF Errors OF TWO and
ahalt years dciRy--numerous witnesses collected at
great expense and dspcrsed-timc wasedhcsvv costs.
&c. The Court awarded SSi5 costs ese,s himl
In May, 1872 he again spilled 10 the Supreme Court
for order have The custody OF his child Mary and
after much legal pleading the Court ordered that hc
should be delivered him forthwith Her mother,
however would not lei him her Judge COwen speaks
OF Mrs. K a. "a mother who had withdrawn from her
husband ind babe him defiance lie is the legal head
OF the whole family wife and children inclusive: and
have heard 1t argued 10y quarter that he should be
brought under subsection To- "a household democracy
(lrs Il had quarrclcd with Mr. b. on the score OF
equality AID declared that She was much the head of
the family rs her husbuudl Judge Bronson said tina,
Mrs Barry had deserted her husband
II memory right: Judge Oakley had the
case before HIM again the Cour, OF Errors again IL.
vcrscd the second judgment of the Supreme Court the
NccC chancellor bill injunction the dissolution OF
the Injunction by the Chancellor followed and rs;y
application by Mr. Barry to the : a&,reme Court
as British subject for its Interference which
fused. Where the slCpS know rot, but in
February. lsii, Barry wrote friend from your City,
that
"Durns recent session Of the Court of Errors they
reversed Ia out - decisions OF the supreme Court and
yet by The death OF Judge Coweu few weeks
cacy being made III the supreme Court There was not
among The members of the Court Of Errors individual
actually IT. or even deemed qualified occupy his place
Either the Court Of Errors The supreme Court is
curse ;c suito, If lss,hs O: heir decisions be wrong
The people are beginning awake 10 is fact, and a.
cnps are making 10 abolish the former by ~ amendment
OF the Constitution of the STATE
In this case which Is hut example out % thousands
IN The courts there The most opposite decisions by
the superior ty1buual>crcai doubt and i've years Of
delay-$lO0O0 Of costs 10 Bsrry-hcsvy expenses paid
by Mcrccinand at least 5000 Of costs expense i'll
Cured BY the State What hc of appeals Ike this
or OF common chancery law iled by lawyers and ut
variance with principle oil reason ana justice The
question now to be asked is whether this virtual denial
OF redress is TO be continucdand this brings me 10 con
slider the proposed remedy of the Judiciary Committee
II contcmpatcs that appeal shall lie from Justice
TO Circuit Judsc-,hencc, understand il, TO the
District Court in hsncad lastly TO the Court OF APP
pcas (thc new Court OF ErrorS Two appeals III many
cases-thrcc IN many more
Nj BAscoM says-l quote Yesterdays JolrnS! ,.,
We have had appointed Judges under the pfeSs' Noa'
sutution. How hrs The system worked HOW III your
countless Has IL been successful in securing the eesi III
tegr!iy and ability Has even worked Wei III regard 10
tue Judges YOUR higher Tribunals hen WAS your
State deeply hirblcd and d!sgraced than when the
Judges your highest Courts csered on the bench Tor
places of appointment within their own power OF Spont
when the Junior became the chief when he glitter
9! small CHAN had greater charms IN the eyes oi e se-
Tors The purity OF the luG!ca eniie ala meg eii