New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-30
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

The civil courts have had for several days the ha
holiday appearance which Is usual on the last "oeN
Of the term, especially when legal holiday occupis
one Of the days. The General Terms adlourie" y,
were In recess and several Of the Equity and Specia
Terms transacted no business. Some OF inc Iuuse"
are occupied In the writing of opinions. wn'ch wiz 10
flied next month. The criminal courts hns"eu Wv
business Of the term, the most interosun@ 0" 49,.
posed of being murder befors Recoroer o",!'
in Part III of the General sessions, ana inc
OF Smith the Brooklyn forger, in Part l. lie 'r'ai VI
the latter case before Judge Fitzgerald was one VI '
shortest criminal trials on record cohsuc'nS rs ~.
portance. II lasted less than forty minutes. ~ was
only trial i'm NAME tire defendant desired 10 pc~u
u,I,v and wss only deferred by absurd law which
prevents the entering Of plea IN eaes rn wni law
appears was passed at the request OF MINOR omc,st
in State Office and Its repeai T 90 ur The
az t hsso Recorder smyth in which conviction Of
murder In the first degree was nSS o was scen Decisions
81 ,b Court Of Appeals the appeal from the judgment
will probably be summarlly dealt with.
TIL. conr Of Appeals might have iessened in somo
measure the long delays in executing the death pen
atty II the Judges had adopted long ago the curt s'S
which thsy used recently in affirming the Judgments
of courts of this county in two murder cases. In0
onnions in tho cases Of Wood and Jugiro do not 10
cether occupy fifty lines of type. Both opinions alo
per curiam' which implies that none OF the 1uusos
could see any principle of law in either case "o'u'y
of enunciation a formal opinion to which Ms m"ln'
should be attached The record in the case OF wovN
who was tried before Recorder Smyth disclosed, 'no
Judges say no exception that was not wholly iriVvu
and the lawyer who took the appear acKho"ieue" IT,
he could not find exception worth arguing =.
Judges however examined the case carefly. "s "
involved human life. They make these sensioie re
cases Of murder in the first degree BY mere Ming
e O. Of 1p ss rpe so the
to the whole record Of hs case seD. afS at e might
nS hat ground for reversing the Judgment Of con-
victon which he had been unable 70 IN having
te esesnoD Of the sentence delayed several months
with no good ground existing hcIei Sna nave Il in
criminal convicted of capital crime sno9 d, IN the
his power in all TO procure suen aeiaS rton
execution Of his sentence mos, s the careful con-
and, as il seems TO as, well worthy '"o ~
sideration of the Legislature
The appeal in the Jugro case was dsnisSer ,o Ma
81 somewhat similar remarks, one sentence oeiue
"The record does not contain snsN 70
ception and we unable 10 Pei'e0 -, -.
reason for bringing the appeal except ~ us"
the execution Of the judgment. ihiS u0o." ~
frivolous appeals will do more 10 dscoui"so nv. ~
anything could except a repeal OF the prese' aS' ~
der which every convicted murderer Is alioweo 'io
privilege of having his appeal periec'eu "i'nou,
10 himself The theory OF the present Id" "
edly was to prevent the execution OF the uea' pas
IN the case OF any poor who was not apie W p'
the cost of preparing the appear DooAS " a.,
=. 90. norever no DOOR man did suffer IN
,nst,ce nnder the old law Societies or private hoViu
nails were always willing to assist any Man Vi
guilt there was the least doubt lie lawyers W." w,
retained TO argue the appeals were ingenious hu
advocates who raised questions OF importance mHt 80
a. often taxed the minds the appellate Judges 70
decide Under the present system IN 1 fhe Court OF Ap-
pesIs reports may take an appeal IN Am mu od NAV
se indres TO ind out without assistance whether
ans error has been committed Inc eers Who wish
~ pn the Chance of having reversal OF an ah
judgment credited TO them Won" fnr reversal
The attention OF the builders OF the new Crmhai
Court House is called to the remark OF naIon
Uuddeston who said that wheh Ills a",i w
was asked with reference 10 the new courts az n
n,inrbam he had told the officials to go to L'huoi
and carefully examine the Royal Courts Oh JUSTICE
and then carry ont everything in a manner exacuy
onnos,te When the questions OF ventilation anu
acoustics are to be decided upon let the eoacrs "
the new Court House visit some OF le c'"''''o"'
IN the County Court House and the Gencral SESSIONS
sy,,ildinc and do everything in an exactly opposi'o
,ro, from that adopted by those who planned the
present rooms then judges my be able TO near ear
The attorneys, jurors may be abe 10 hno" MD wit
U %ies' alike arc may have Whit fresh air without
exposure to dangerous drafts AS cur tS Itn
ton of the Judge who, remarng iat r neg b @1s
too much disorder In the court. aaaeu. nrd Of ihe
disposed OF thfce cases "''"o' e
evidence"
The marriage Of the daughter Of Charles Coudert u
Assistant DlstrictAttorncy Mckenzie sempe caiea 10
cether several of the judges and many members .,
the bar The father Of the bride, While not 50 wen
lnown In the conrts as his eloquent brother frcu
eric r. Coudert, has high reputation as al oi"'o
,owver and Is one Of the partners in the hrm Oh
Coudert Brothers. The bridegroom: Mr sempie, is u''
fortunate son of welknowh Son'hcr" po'''
He has held official places in several STATES anu
his GOOD luck did not desert him wheh ne canlo !"
Neryork He was clerk with Morgan J. o'iieh
le,1m Corporation
ofterward Judge. MI Sempc happened 70 attract inc
notice of Judge Barrett. who strongly recoh'"cnuea
him 10 District Attorney MARITIME ana the recomhonu'T
ton secured his appointment as an Assi.O.a. Disuot
n,,orrev lie also obtained the friendship OF sew
cs, nilnepiial politicians Of this state who have
leen Of service to dne Of the leading law firms Of The
ctS will certainly retard his advancement IN
his profession Atogcter Mr. h semP ecou man or
s,artiinc abty the good fortune to make friends VINO
may advance him in his , garrett ea win him especial re-
nown but his experience before the appen"'e 'oU'
will be useful to him In the fuIuie
The rights of passengers railroads formed the SUP
iect of two three interesting decisions repo' a
we,k The General Term of the supreme Court OF tuis
dena,+ment in an opinion published last week in "The
law Journaln held that Jerome Buck was
entitled to damages against the WAGNER
palace Car Company for refusal vi
the part Of the conductor to allow him 10 OCCUPY "
seat in a palacecar from Saratoga springs u new io'
Mr. Buck bougt ticket emitting him 10 sea. III vi.
o.lace car Nokomis, but lost 1t before the lourie.
began lie went TO the ticket agent at saratoga 'oiu
him of his loss and secured the personal card OF te
agent on which written "Ths gentleman NOUS
seat in Nobomis this p. M-misiald," inc Statement
-. ,c,od nv the agent The conductor refused u
allow Mr.. Buck to occupy the seat for which he had
paid although else appeared TO claim tnS sea
fr nnek was compelled TO ride 10 common everyday
ar. puS fa, 90 course wounded extremely his sensl
SII,les He recovered verdict Of 81 OOO which inc
prcdnc Judge reduced $500. The General Term say
af the case is one for damages but not for punish
msnt and That if the company will pay the costslo tt
rsf trial another jury may decide on the ahiou.l ~
characterization to be allowed for the hardship suffered
by Mr. Buck. MIR. Bray, OF Mooresvvdie', tno We
siu more successful, though somewhat late an 70
covering damages for Ill treatment by conoucuor
nass q PennsylV0Lla SOmPaIly