New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-28
FROM BENCH TO BAR
GATHERED FROM LAWYERS AND AMoN'
TIE OOI'RTS

GATHERED FROM LAWYERS AND AMoN'
THE COURTS.
r,o concentration OF Judge Earl by the Democr'''c
state Committee following similar action o' ."o
pub,ic,p State Convention removes from the 'tr'ie Va
rotc, the highest Judicial Office t" DC vote" W. w."
year Members OF the bar VIII De e'pe'ia''' siam
that result and especially by The action o 'c .p =,
ucans I'm setting an example OF non par'S'"'"'p "
,rdicia! nominations. For once canvass j." ''. u.s.
portant office In this state can be carried o'' WHO"
any excusc for asking the candidate for contributor
NJ any kind Tie ballots are printed by thc ''''''
and there is 10 reason why Judge Ea'l s"'"a" p1' 10y
OF the expense except a. 1t comes I'o"' HIS p..,,
a taXpayer. The fitting reward Oh Se's VI ~
judicial service will he an encohraSe"cn' ''
cyc 70 devote themselves to the duties 81 their once
without craftsmanship. Judge EafI 5 rct'"u ~
that lc had not aroused emily even ""'"s wv
,rco., ,dbcrent, OF the political faith opposite 10
lis own.
nj, ,tGo,,,r 4, attaining Jurors last week 70 Try
mr. NcCoucc,I. accused Of manSaughter, calls a''c"'
finn again TO the need OF legislative acuoh !" '
the courts from the present oDs'a'cS III wv 80.
trial o important criminal cases Inc Id" " <.
stands would to be far.to DOM par'ce' ~, ~
had not bccn con ,idcraby weakened by )ua''a' ','
,n,.,,o, Tho Code OF Criminal Procedure provinces
,h,t evcn II a pcr,on examined as Juror ha' 'o'"'
mr. EXPRESSED an opinion on the case ne may oc !" "P
IL he can declare his belief that. NEUTRALITY-SUSPICIOUS. M
impression opinion he can decide ."o vs."
being Influenced by that opinion. III" '' " .,,
ne, i'm tbc McOuadc case and in other cases h'u 'a'
the right thu, given to juror u express ' "''' 90"
10 his power of control T. one that must ~
c,,,d,d fr a man Cannot le "a To the ability Nv
has IA lay aside an opinion hc ha> already hr"c' i'o
courts have held therefore. with mahi''' p'F'
that the assertion Of mental power - |"'s' '',''
be- positive and unqualified. Bi't s"h' r"a' -
iudgcS I'm the McOuadc case lea 70 wv pc'''' W ~
~ tho trial courts that the Court Of Appears "''''
10 rcarirn the opinion in the Greenh''a case uo w.
several year, ago. although that decision ."i
,,,,.riv mosi,.d bv later opinions. Trials III III
port.n, ca.c, have consequently proceeded OF iae" "
rc.c, uutcr IN. Greenfield case. in which the )uuSc
held that the law providing for the acceptance vi
iur.r who had an opinion did not apply 10 III. '' y"
an. whose opinion had been formed 10y r'""'''- "
.n,r, %, sworn testimony taken at previous t'ai "'
a., ,r,. c,.e such an opinion the judges held was
a practical deter minaon Of the case III a"Na' "
,hc iuror who had the opinion must be eNcin'cu'
IT.. strict enforcement Of this construction ~ 'h'
law made It impossible. after >iN-"'c"' ''"N
Obtain a Jury t. try cx-Ad"rman '"aH' al" '''
important case in which there has v'' Il P'' ,''"
trial or hearing proceed. slowly. In the M"ocea ''>c
,her. had been inquire, before the coroner ana Der "
,,. nlce Justice and all the Sklfu counsel hal u 90
f., exclude Juror was to ask in su''c">i"h' '"'
hat. f,rn
read the paper, - "of course yon hi'>t ha>c '
>"isc impression from 'nc 'c''' .,,s ca.. > You
newspapers Tor 'e''''i "',s TD ,,d IN. other
remember N~"''e ' =. RAJ, .,o,.m,ut. I
vi,ncs,cs said at the inquest Their ''a"'''"''
SUPPOSE helped you IN forming that n'P'''' "
,,,,,inr ~ which YOU havo spoken IN aLrN"'Nc
All, xrr To- each Of these questions h'i' W W. VI"
.,rL pont and Ia" witness must ~ cA '''
however strongly confident h" NAV b" Una, NV
can laN '>" " - ,, ,,r.,..r,.d ~
ami h"'"" ""'"' VIZ ,. r, :, h.
a." trial th' "'l''''' . ,,, =, r,,,, safely
aflulgh e'iIF' i"c y .i, -, ,,,,,,r
nah" the present law more 'Np'' 7 ~ % ,.u r,,
how the opinion HAY "a|c wv" ' 49,,
act A. d'l"aiIt'a'''' Il Nv r - ,,c ,uro~ and
fled Of the iar'">N All" NV -, n,r,,., and
his ah'NS " '".' 49,. ,.r,s .,ona which arr.
rc'uei " a., .I,,u.,
pfous"' o"' !" WV
. -, ali ~. courts next week will
Inv "p"", , am, r.rh,,. 10, long-vaca-
"'''' 49, ,,, and ,orr,, October in spite II
~" " ,,.n, = ma, u.u,Ily :, busv month
INC '' =, a., .r., AM, IN ,,,>iou
"',' =, -, .,,y,,v ,.,,in r,icus IN the court
49,, ,,,,.,,r. 81 IN, court Of Appeal,
- :, ,,r ,.>, week rI, senate chamber Will lie
,,, ,,r t,r the u,, nf the >e,und division Of the
,,, MINI IN. rpa, to the room which IA" judge
! ri .,p,,t.d Il, occupy are finished. Til" cal"nda">
~, lth If, Vision, of the cnur: are such condition
,l The ,rcrd dl,l>iyn will prot.hi, be- di~>"lNcd
NAV hr c\hAn,t.h by Janutly. hut the January
,rudar will h hrIvy enough I" occupy both b'AlN lies
Of the for tame.
The --.->nn Law, for i-o are published N lat. "ty
, little more than three months hcinr. new lceiNli
WV VIII -'' - -, ,h
volume "i law. y" 'NP''"n,''' > 80" " ,
,rl,,ri $50 Laws IN -.->ol extending over i"ir