The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-09-30
THE COURTS.
Grand Opening Of the Legal New Year
in the Courts.
PRESSURE OF HEAVY CALENDARS.
Sharp Judicial Criticism Upon Western
Railroad Management.
PRESSURE OF HEAVY CALENDARS.
A FARCE ON JUSTICE.

months vacation has ended aud judges again
sumo their judicial duties. Travels abroad. pleasant
sojourns at the seaside in shady hooks in the coun
try, outdoor sports climbing OF mountains hunting
dshng, long walks pleasant drives In short heathiu
recreations OF all Sorts have doubt gwen them
health and renewed vgor for their onerous work on
tho bench Lawyers have likewise availcd themselves
Of the vacation to recuperate their wasted ener-
giles and come back enger to resume their
professional strifes in the legal casual
glance the daily papers shows, however, that the
Bupreme Court Chambers and Special Terms OF tho
Superior Court and Court of Common Pleas, which
have been in session all summer most important
tions have been argued and decided. The latter two
courts have boon hold by judges OF those courts but
the burden OF the work in Supreme Court.
Chambers, has been done by Judge West
brook. oil Ulster county. Whilo all the other
Supreme Court judges Of this city havo been
annoying their vacation out oil town Judge Donohuo
has been absent only eight days. but he judge whom
hard work does not seem 10 worry much. Little or no
work, however, the courts TO bo u necessity A
glance al tho statements gwen below OF the number Of
BASES awaiting trial shows that litigation Is by no
means decreasing II seems almost a pity that the
suggestive hint OF Dryden Is 30 little realized:-
Terminate she cause
And save the expense Of long gioss laws
That he who conquers Is but last outdone.
But with human nature as present constituted and
that courts, judges ana lawyers will continue to
comprise an important feature our advanced CIV
ilIzaton. All the calendars are weighed DOWN with
cases On the Circuit calendar OF tho supreme Court
there are 470 cnses, oil winch number 400 have
been put on during the vacation Before OF tnese
cases reach final judgment new judges will have
reached the BENCH and the present gants, like John
Browns body, will lie moulderng IN the grave-lhe
ltgious Tight however, being as actively kept up by
their legal heirs and representatives. IL IL unneces
sary to state that these has represent every class OF
litigation. suits on contracts and promissory
and SO down 10 suits Tor divorce and
alleged breach OF promise OF marriage On the Cen
erai Term calendar there 327 cases, OF which 63
are preferred causes, S6 enumerated 164
mcrated causes. The Special Term calendar has $50
cases. The assignments IN the Supreme Court are
Judges Davis, Brady and Daniels General Term,
Judge Van Worst; Special Term, Judges barrett aud
Donohue; Chambers, Part !, Circuit, Judges D0nohue
and Barrett, and Part =, Judge Lawrence II is not
known yet who will hoa Part 8. Circuit The General
porarily IN order TO eet in convention Wednesday
Albany, 10 revise the ruos OF the Supreme Court The
Court Of Oyer and Terminer does not meet until No
vember, whom It Will be- hold by Judge Brady. There
are several homicide cases awaiting trial this court
The trial OF Nelson Gesner, the alleged iorger. has
Also been removed to this tribunal
In the Superior Court and Court of Common Pleas
the calendars are equally formidable, and when added
TO those in the other branch OF this court make up
sum total which absolutely appalling The Special
Term Of the Superior Court will De held by Judge
rrseaman and the three Trial Terms ~ Judges spor.
meeting Of the General Term OF this Court has yet
been given. In the Court OF Common Pleas Judge
Part 2 Trial Term, and Judge J. f. Daily Part 3 Tho
General Term Of this Court not meet until No
vember
In the United States Circuit Court the term will
commence on The 10Th OF October On that day, at
eleven O'Clock A. NJ. Judge johnson Will call the ad-
miralty calendar Al half past one +. N. Judge Ship
man. IN the Same court, will CALI the jury calendar
The equity calendar IN this court will be called
until November next Tho criminal branch OF the
court will DO held by Judge Benedict, and will not
commence until the 10th. On this calendar are
many cases which havp been already noticed IN
the HERALD, as 10 indictments having been found
therein including number OF special tax The
United States District Court Will DO held by Judge
Batchford and viii open on Tuesday with tn. cali of
the admiralty calendar The trst be taken up
~ that OF tho steamship Nevada, which was partially
tried and lott unfinished at the Of the
summer vacation The same Judge viii tomorrow
call the calender of returns in bankruptcy cases.
The Marine Court nearly ull the Others will open
with all the machinery In motion Part OF the Trial
Terms will be held ny Judge Sinnott, Part by Judge
SHERIDAN, Part 3 by Judge Alker and Chambers Oy
Judge McAdam. The General Term viii be- held on the
last Monday OF tho month by Chie Justice Shea and
Judges Goepp ana slnnotI The general calendar Of
the court notwithstanding an increase OF business. Is
how lower than II was at the same time the previous
year.
The Surrogate's Court which may be SAID never to
shut Will open as usual on the rst day OF the
with the call OF the motion calendar. Tho most i'm
portant case expected TO up before this Court
during the torn 10 the contest over the Will OF the late
Cornelius Vanderbilt
The two branches of the Court OF General Sessions
Will commence the October term Tomorrow Recorder
HacA.tt presiding in Part ana Judge Sutherland IN
Part 2, Judge Gldersleeve having finished tho Sep
several important criminal being set down Tor
trial. II Is gratifying to note thai the promptness
with which the large amount OF criminal business in
connection with these courts has been hos
had the effect OF clearing out the Tombs Prisoners
no longer Kept awaiting trial, for IN many instances
pioas are offered on the same day indictments are
found and in cases where the accused ready 70 de-
!ay whatever Is experienced twill be remembered
that this Court continued It's sitngs throughout July
and August Tho system now pursued Is attended
with the best possible results.
vuECnEnN T,TU r,,,.r>
Before Judge Donohue, holding Supreme Court,
Special Term, there tried In June last the suit
brought by General Daniel e. sickIes aud others
against Benjamin Richardson ana Others. The Chi
cago, Saginaw and Canada Railroad Company agreed
In 1873 TO s5,oOOOOo by first mortgage
bonds, OF which plaintiffs hold more than
100000 worth. The complaint alleges tina. IN
June, 1876, Mr.. Richardson, managing director,
caused his private secretary TO DO made secretary
OF the company, tho company boing then insolvent.
PLAINTIFFS say that by fraudulent conspiracy tho
rotary, EwcIl, transferred 10 Richardson Individually
200 bonds which he hold for advances TO tho
company; that Richardson got judgment bought IN
the whole unissued 3,574 bonds ut sherns salc and
proposed to negotiate them, wherefore plaintiffs got
receiver aud temporary injunction Tho Judge yes
terday gave his decision In Tho case, enbodying
same Ia the opinion which is gwen below IN iuli-
In this the bill TO aside the transfer
the defendant, Richardson, ana cancel certain bonds
ISSUED Dy Tue corporation defendant An INC parties
have appeared ana tue principal defendant is resident
here and OF the trustees one resides here ana The
other carries on business here. The business OF the
road, except its running, seems TO have been carried
on here. The facts disclosed by the evidence
to DO clear. Richardson bad advanced large sum
the company. IL was evident, and had been "a matter
Of consultation and consideration, that the company
was insovcnt aud resolutions put IL into receivers
hand had been framed and Cohsiderc.. Richardson
had the management OF The road, ana with Elwcn
seems TO have run IT, Evidently with a view to subse.
I'D y T. q he mi