New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-19
FR0M BENCH AND BAR
GATHERED FROM LAWYERS AND AMoNo
THE COUNTS

GATHERED FROM LAWYERS AND AMoNe
THE COUNTS
IN. hs.rtv tributes 10 Justice Miller Of the Unftel
etsAss eupreme Court from Republican and Demo
c,-sic ,onrnais alike, show how completely tho up
,ehtn.ss Of his judicial Life had conquered tAo pfeu
oes Of his former critics. In tho early months d
1871, when Justice Miller was one Of the most 70
p,sc.or.i Formulation which decided that tho electoral
CO., ~ south Carolina Floride end Lousisns were
cat fr Rutherord b. Hayes no words were too stronl
Ar n.a IN danunciston OF his conduct BY Democratic
he bitterness Of fourteen years age seems
to have largely vanished and tho strength OF Judge
MilIer,s mind and the fairness OF MS judgments are uni
versslly recognized. He formuhtea most or all OF the
decisions Of the Electoral Comms.en ~ Npofseo "
conrrass. His written opinions from the Supreme
Court bench have been highly regarded by members Oh
The ,.oal nrofesaion He exercised In tho Deliberations
~ The cour It 10 sad greater weight than any OF bis
coI,.ooue. except the late Chief Justice Waite In
tha .ocIs circle Of the Supreme Court Justices fam
lies. he was perhaps the most popular member. Ills
place will be Q hard one to ill acceptaoV'
Tho nominations for judicial places in this State
having now all been made there renewed cause for
COMMUNICATION among lawy ers tnae snere VIII % 30
few partisan contests for judicial ONCE Not only mas
Judge Early of the Court Of Appeals oecn
by both political parties, but similar uhanimity Oh
election will prevent contests 10, 't.eI
tnd,caI oSces Judge Albert Haight, Of tho Supreme
Court With judicial District, now sitting In the
Cont Of Appeais, Second Division, has been renom'
mated not only by his Republican friends, out aso
Nv the Democratic convention. In tine Nth JUDICIAL
D,sr,ct Judge rockingham Fish retres and 3. AionIo
Kaoao now the County Judge Of Clinton County, mas
been nominated by the Republicans as Judge Flshs
successor and thu Democrats have rs'lneo tne hona
ton judge Freedman, OF tile Superior Court Oh this
city, also receives the deserved rewafu Oh
denomination Only one judicial ONCE OF considerable
remains therefore to be contested or ana
that Is the place now held by Judge oGorman on the
Superior Court bench.
The selection Of Judge DAILY as Chief Judge OF the
cmt az Common Pleas recalls the fact that Tie chei
iudeeshp was held for many years by the eocr
DAILY and the further fact that 1t 10 not rare ior
judicial honors to seek out members Oh ia"he' VIC
names Of which. have already become FAMILIAR !"
judicial history The names Of Norris Selden, fccK
ham, Sanford, Barnard, Rumsey, DAILY anu several
others have been borne by than one OF the Judges
of the higher courts The judicial temperament Is
matter OF birth as we'll as education and the members
Of what MAY be called Judicial families have usually
been good officials
The october screen Bag continues the series OF
Article on the Supreme Court Of Connecticut Among
the Judges OF whom sketches given are stephen NJ
Mitchell, Tapping Reeve and Judge Gould, OF the
famous law school, Origen :. Seymour ana his son Ed
ward who Is member of the present court; Zeplenia
Swift and Nathaniel Smith, John Trumbu ohvcr "oi-
colt and many juriss who became better KNOWN III te
political than IN the legal world, receive mention The
article Is well Illustrated with portraits OF many OF the
judges.
A decision recently published rendered by Judge
Newman In the United States Circuit Court in Georgia.
again stains the validity of one Of the most peculiar
Wills ever admitted to probate. The will was written
by Riley Garrett, an iterate resident Of Randolph
County Georgia. in 1914 Garrett died In 1880 leaving
an estate valued at between 100000 and 100000 The
will offered read. In the name OF God. amen. J. Riley
Garrett Of the county Of Randolph and State OF Georgia
being OF perfect mind and memory, thanks be given
unto God calling into mind the mortality Of body. and
knowing that Is appointed unto all once TO die
do make and orain this my last win testament that
Is to say principally and first Of all, give and recon-
mend to the earth to be buried in decent Christian
manner the discretion of executors, who shall be
Isham Wheelus, and much Of my worldly estate, /
give and beQueath unto William Augustus Wheelus. and
/ do hereby revoke and dsannual all other wills,
egacies and requests, confirming this to be my last
will and testament" The will was signed and was
witnessed by three friends Of the testatOr Constituting
II strictly it did not leave anything to anybody, but
the Georgia Supreme Court held at more than one
point of the subsequent litigation that it was not void
for uncertainty but reading in the light Of surrounding
circumstances the intention Of the tcstatOr might be
ascertained, though there is hardly correctly written
phrase In the paper The word body omitted, but
the court held that the eSatOrS intention to have
his body buried by the executor. The term so much
of my worldly estate the judges held meant all of
his estate except the expense Of the funeral. The
Georgia law allows great freedom in the admission OF
parole evidence in the construction Of will and it va,
shown that the executor and the person to whom the
tao left the only relatives whose existence he
acknowledged. Judge Newman before whom the case
has been taken, ten years after the testaOrs death
also sustalns this construction of the WILL lie cites
as the most nearly resembling this an English
case decided in 1872 In which the iceChlncellor su
tanned will made by Elizabeth Eassett in which. afte:
making several pecunary cgaccs she finished In these
words After these legaces and my Doctors bills and
funeral expenses are paid leave to my sister, Mary
Perkins, Ppin Pfpin, Wisconsin, North America, with
out any power of )ntrol whatsoever Of her husband
John Perkins; in OF her death, to be equally
divided amongst her children OR grandchildren, The
cc-Chancelor declared that though there was NJ
property mentioned left u Mrs. Perkins, yet heI
Intention evident, she had declared that the
paper was her last will and testament, and she made
Legacy TO her sister after all the other egaces wer,
paid lie decided that the sister entitled 70 all
the rest Of the estate after the payment Of the egaces
cheeky prisoner at the bar Of the General Ses
sions few days ago endeavored to obtain mercy by
telling ptifu tale Of his attempts to lead an hon
est llfe but he was somewhat taken aback when the
Judge, who had been fully Informed by detective
began TO rccite some of his past offences. 1t re-
minded one Of the Scotch Judge who said to pris
oner who had just shown his eoQuence: YOU'RE a
vera clever chie. mon: but I'm thinkin' ye wad be
name the waur o. hangn'.'
Judge Wheeler Of the United States District Court
OF Vermont has gone further than other judges IN
having on the outside words calculated to reflect In
urously upon the character of any one. Under this
law persons have been fined or Imprisoned for send
Ing dunning letters on the envelopes cSntninS whch
debt would be paid. Judge Wheeler has Just decided
that the law violated by sending through the
mails letters contained in envelopes bearing the
words, Excelsior Collection Agency printed In large
letters across the upper half OF the envelope. The
Judge says that the printed words are separate from
the directons return 10 the respondent II not called
for In the lower lcft-hand corner: and were Obvi
ously placed as to attract attention. and reflect
DELINQUENCY in making payments upon the person
o,hta nfnho IN mn ta fha arSnp