New-York tribune., 1890-07-13

INC pic>uTeS OF various seaside resorts while waiting
Tor thelr cases 10 be called The reference hearincs
proceed slowly, and soon the most ambitious LAWYER.
lor very ack Of tribunal and opponent to exercise
his SIKH upon. must take refuge in some country nook
ana bait his hook for gudgeon elsewhere
Inc NeW-iork Law Journal" edOrially calls at
tention To one Of those minor evil, which like mos.
qu'ocS OF maiarla may spoil the best planned vacation
Iherc are some lawyers whO because they are detained
III town in the summer, take delight in
serving notices Of motion and brinoing bac,
rom tie scashore mountain those who
have been fortunate enough to obtain a few weeks
WHICH they nope to pass in undiSturbed rest II tho
motions important and urgent no fault can be fonnd
Tor bring g them before the judges in vacation time
but when they refer to matters which can As well be
settled in september just before the courts open As in
July or August the lawyer who will thus needlessy
cauSo the opposing counsel to cut short his period %
vacation deserves the Of hi, brethren. Per-
aps, as The Law Journal" suggests. the maker Of
such motions may be looking the 80 attending
the granting Of the motion. but he takes particularly
mean way OF obtaining it,
The heated term affects the tcmpcrS of lawyers az
we'll of other people, and sometimes the expression
Of warm feeling become, unGignifed. Witness scene
before Judge Andrews last week In which two fairly
well known attorneys took part \ motion for the
moval Of referee was before the Judge and Henry
Daily. jr the moving counsel. read adavits In which
he alleged that The referee had aid him that lie
Mr. Daily and his client had cons pei delay ths
suit and that Mr. Daily client ought 10 retain tic
plare he held assignee. Mr. Dailv argued that this
was a prejudcng of the ease and tat a referee
should be appointed. George Ill., the opposing coun-
sell read an affidavit to show that Nr. Daly's
report Of the conversation with the referee
was Incorrect In order, he said, - show that his
opponent not worthy Of entire credence, he read
! from proceeding, In a oult IN which Mr. Daily was
one Of the defendants. Justice Van Brtnt, on the
trial Of the suit. had said substantially that the jury,
in order T. decide a.ain,, the defendants. must como
to the conclusion that Daily had been concerned in a
scheme to d.flald. The jury did decide against tho
defendants. and Mr. I called attention TO the necca-
sarv inference from the verdict.
Mr. Daily was at white heat when he rose 20 reply.
lie called attention 70 the conduct Of the counsel who
had gone out of hi, way To attack hIm. and turning
20 hi, opponent and shaking h!> fist, said You arc
an Infamous coward ana ,ueak7 lie said that such
a method Of attack would never have been thought
Of except by sneak, coward and an infamous
poroon'
Mr.. IIIl rose to interrupt the speech, and Judge
Andrews said mildly Your language i hardly par
Iamentary. Mr.. Daily perap, not your HONOR
said .he anely lawyer, but you must understand my
ro-itlor. ! apologize 10 your Honor, but do not
apologize to th, man. this creature, pointing az Mr.
Hill Mr.. Daily explained that the apparent reflection
on hi, conduct IN the sut against nm was the reSuS
Of a conspiracy and that the salt had been Withdrawn
after an appeal had been taAen Mr. I'LL made no
reply 10 his opponent, dcnunciation.
The work Of the convention TO revise the judiciary
article of the Constitution VIII prevent some Of The
leaders Of the bar # thi, CRY f.om taking a long
| vacation. The members If the subcommittee |hc
| have met at the Office Of Daniel g. Rollins have acted
! in conservative spirit in dealing with ihc Hnp Tot
Courts of this city. The radical measures pro-
moi win er.t
omonr members Of the bar that the superior ana
Common Pleas courts If th, city should be abolished
| and the work given to an enlarged supreme 'oar''
The argument in favor Of that proposal was that as
All Of the courts had substantially TIE same !urdlo-
,on they should be united under ono title. The Re-
vision commissioners have taken more conservative
,iou. and while they will recommend that appeals
from the special and Trial Terms be all taken 10 no
/ General Term 4 the supreme Court instead "t 20
! the several General erms now held, 'he organization
Of m, three courts Il otherwise remain a. al pres
ont The uniformity Of the supreme Court IN mo
sarl judicial district, viii TIM, not be disturbed
Measure, viii probably be adopted by the convention
=, secure an Increase ia the nUmOe. oi General Term
iu,fi,e, for thl, district that decisions on appe%
can be quickly rendered
Tho Tinted states Circuit judges have at last con-
,pl tho usage IN the United states courts as 10 the
sou,lay half holiday with tn" law which governs 'ne
! tate court- Cl.Ik John \. shields. WIKI the dp'
r,val Of Judge Lac0mhc. ma, issued an oIieF 'o'.o
i office AZ noon on saturdays in the vacation months.
The state halt holiday law has reduced tie WORK :"
the United state, courts on >aturiF afternoons "
Utmost uothins vet the doors have been kept open
until 4 O'Clock OF Saturdays in previous years l"o
United states courts fare taAly at best III he matter
If holidays. Except Thanksgiving Day ana S"''u'ls
,b,r j., TO legal holiday for these courts Even On
tlc Fnuth Of JuIy the court, may be- open ana IL
dl -trio- iud -c> frequently h"ld court Oh ".t'' i
Z III. itt-
thr District Of Columbia. fhc wle- oi me court n?
allow early closing in Summer b"i u"e.c ".c u" '0''
/ 'ul,ory hohGays.
Clerk shields, Of the Circuit Court. personally f'Ae'
only "a short vacation, much I" the '1lnl.I' ,it W IL
lawyers old and Young. Wh" nave 9,a,'in ,d =" t.
him a, 10 the complicated practice OF the Ohited S@'
courts, rcw even OF the hwyea who have litiI.,I'l
I'm the United states courts '4h i!.'N W'''or, ,, No.
| he course of procedure. much oi "hch i h'' w
,crincd books. prominent !i"ytr VINO va "Hs S', "a
pursue in Unucd >tlie> court proceedins nI,,,IT::
don't know. and l'r%Nid'nCr ana J'1 tomni~,,oer
shield, ha, gained In h, thirty i've year> eNpe'rIg1
In the Circuit Court i freely lmpH1i9d u "9 '0'7'
/ who consult him.
Viewing The noodlc" case, from LEGAL pon' OK
vi,y onW LAWYER say: The prctcn,c tiat The 'a's
nenin,t he 20 Lctwccn> Mooncy or DE- Lacey j. hos
/ b, strong one D., absurd 'olohl trl"NN' Ht'HH"It
~ imminent i, - th, rial Of au Alderman We ia1
certain witness -. This one ha, forgotten mucn. u"s
one l. not a'ceS-i'Ic aW'' ,iy "tv @ .,,I tbcro i,
uct believe. Tah' away ,h"t t't.m1nl @ @iu t''i !, =
NOT cuough lcst send the CASE 10 Uir jury II ~
can hr supposed for moment thhi '"' lt",' ,,"n
! in earnest >gch reasoning wonld w cNl 'FoN W, M''a ~
! The whole case against Nooney and De Lacy hceG,
! be newly constructed mass ~ eNc.u'c Mh'h
| wa, not ohtainabe at earlier trial. c3ah De l lnl,
! duccd Evidence sufficient 20 prove th' 'oHNl'ay
oncc obtained ard that tc,tmoW hd' never bee" SG'
rr~- fully attacked the proot of th' pirhl ti"A ot
! MoloacN and ur Lacy. paTl'Hnri\ "i IN, @ @"''r. Va
! r,mc, ovcrw hclming II would not be necessary %
rms, 10 the memory OF fullerh or the hehiih,aton
| Of the quick sighted Katie Metz. Ihe a.t'V ol
/ Molnucy i, proven by any number OF witnesses not
/ accused Of crime and Alderman after Nliciman bds
| testified 10 financial dealings with DE Lacy. VI mo
! nrcvious bribery trials IN" main qu"-t on h;1s
been .Conccdng the cNiScnce OF conspiracy no" 10
Won connect this defendant with il " Wth Nolonel or
| ne fory ON trial the irSt and easiest step IN no
| nro.a,,,tion passed and all difficulty vlnl>hes tvca
| ;, ,h, nrn.crution homes and earnest. however,
| ,hc veokuc~, of Colonel Fellows constructive
! SN.vrr would bc fit. When IA has cas- prepare