New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-09-11

=. "A, Td,kor of Tie Teb~ne
ysx.yosx co,s,soS PLEAs Before Justice DAILY, Sept
e,o,a,S Dsessr vs. Esho Rseimon-1he ruling Of the
.-ea ,adse upon point which the trial Of This
havns been the subject very general surprise and
coax d. deemed proper present brief notice Of
the case.
The .cuwere a. follows On the 18th Of March la'i
,bs schooner Caroline Baker lying Al Coenties'i'P
vt cargo Of oysters the plaintiff IN ths sut naseI
"a hen an execution IN favor OF the deichoa' - -
o. an undivided part Of the a. the pIoPeiy !"
,h.rd person. The undersigned wss consuiisr , sha'
ayby the master. and advised 20 rep,esin N rser 90
o1cer holding The execution, called upon, ~ -
loo,y the extent Of his levy. and the VIM 81 I,P
s.ued accord az 10 the claim The dcis"oa = -,
...ertasned that he had taken mnch ana - =,
.le, rnnorsicn On The fria Of the cause ~as inci
ce.,iallv called by associate cOiAscA ~ 't - -
90 49, y,,nrd that couns,i ~ ne cause are not
S,.s ,,,s,, nd su.taned by the Court on The an
Ho sii,t I, csar"o, pleas fB C. x. 52, d. 2i4
~ -, 80 he iudse cites the tra Of SIR Thomas
More an eminent English ehsneeioI VINO ~ wa .ao'
General d.ehupe confidential commandments MADE by
,t.e.d me exclusion 81 the testimony ia tins cause
m Al importance. and did not affect the
-. NJ Ia.r i0lding, that though an undivided inter
: 80 chanel may be- taken but not reiaken. may BE-
led on by execution, bat u cannot be rePievned' j.
- b,e,er > matter - grave importance 70 know how 10
Is and BY what nssi Juose nay Dy ms .nle mar upset
the solemn law q the LAND universally acknowledged and
ptd In practice ~ long A. the AngioSaxon language has
te s,oken aud substitute rlle Of his own ltis mat
tcf es importance 10 know how 10 Is and Why 10 u
b. a he righfs of citizen 20 be lost by becoming an
and d II matter OF little the
rosson know by what authority indye may dsfrau.
siise it, members while they honestly performing
ror4ng their OATH the duties Of their Office n rule
Of evidence CocXienvc with the existence Of the law
il.sf requires nOdihca0nf the profession has indeed
fallen into such bad rcpute that advocates deemed
incapable Of bearing testimony there is aw-inakiug
power correct the evil and afford redress But effort
u Court TO legsafe ia Tins should BE- looked
upon " H. an act Of Judicial usurpaton sheer and pal
PEBBLE The law Of evidence was wisely framed for the
protection ~ property and personal liberty and " judges
thus subyert It's fundamental principles they may
repeal statute by the authority. for one is
much The lsw OF the land the other The pcrvesou Of
usioe by Crown lawyers n the time OF the desrOfc Tu
dOs when Judges wore rings presented By the sOyerc
besrng the motto 4 Dco Re- RPsr.' and the people
we're osbddcnby roy al pTOclans from discussing public
Affairs, present proper guides for muiserng the
law ln The present Sr Thomas More no may have
suffered ~ the sdence Of the king scOunse said 10 have
Appropriated IN bis garden for whipping heretics
called The Tree OF rrofhn
n conceded 10 be IN bad taste. for lawyers 10 be wit
which they conduct and feelings Of decacy
and sees pect n is believed viii su centy restrain them
n would 10 be equally clear that the client II entitled
20 their testimony matters incidentally arising in the
progress Of the suit and not essentially connected with
the % be tred. II the rule sought 20 be esab-
bshed this really the law now. hos always
been all the Judges the law took birth
have been IN manifest error" and the recorded judy
m-ns of All the Courts for more than thousand years,
stand reversed.
II remains TO be whether the principle Of the de-
cison this receive the sanction Of
Courts Of review. RODK n. MORRISON