New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-29
FROM BENCH AND BAR. f.
o,rHrRED FROM LAWYERS AND AMONG
The COURTS.


ke sndinr ppocesson Of criminals passed to the bar
criminal courts and all the three parts of the
' sessions continue in session while most OF the
re !, conrts have closed. The interesting Belden-
c"s emit will be taken UP again on December II, TO
Bss's dam il adjourned by Judge Ingraham me
snnisr of Chambers cases was large last week, Out
ns ban, n The motions were unimportant.
,..rs pattcrson's decision last week In the Ogden
80 was in the nue of the reasoning in the Tilden
N ..se The testator left some of his property TO
va nrtable purposes as his executors should select
w.. patterson held, as Judge Van Brunt had in the
sss 49, case. that rs there was no beneficiary who
"a compel the executors TO enforce II, the trust
@ roid When charitable requests are set aside as
Hs there is likely to be an cutlery against the sys
:, law under which such action is possible. The
ka .,a Ogden wills would IL carried ont, have re-
-, ,n large additions 10 the funds available for
s.ssshle and educational purposes, and many men
'.rei What is the OF law IL 1t prevents peo-
.om giving their money to charity and deprivcs the
FNn,,tv of the benefits designed by those who had
~ ,,,srest of the public at hearth" The necessity OF
-, down uniform principles of law is overlooked
,hs regret that the money is lost 10 charity. The
80 forget that it Is impossible that there should
,s law for the rich and another for the poor; one
- Gar estators who give for good causes and another
~ .hose who choose less wisely the objects of their
riT IL Is one OF the glores OF the courts of this
,,e that their aim has been TO make the law stable
rsns,D had many friends and admirers among those
80 psssed upon his will The judges. as members OF
ne community, could not but know that the estaonSl
Nj il would be a popular act to sustain the Will
s1ss considerations had however, no weight with the
res against their belief in the correctness OF certain
ISsfnIe> of law. II the law were varied every tune
~. II was important for some interest thaS II should
h. respect for law and the courts would quickly vanish
aWhats in a name9" is frequently asked in the
.0ur,s with varying answers. Among The cases re-
.,a, reported is a lsndgrant suit in which the GER
ssts. was issued TO John Gibney in 1886 by the Re
nbus Of Texas. Fifty years later the widow OF
IN Gboney claimed the land, saying that
Is. odzlnal grantee had been her husband.
~ succeeded in establishing her claim in spite of the
t II years and one of the points decided was that
s5srev and Gibney sounded nearly enough alike TO
,esrsome any objection founded on the difference OF
ceiling When however. deed was signed IF. w.
,,alers and the notaral certificate that IT. w.
r,,sler, Acknowledged the document the variance
q. Dnsidered important and the deed set aside A
r,s accused OF murder indicted in Louisiana for
~ murder of Edmond Remben. The copy Of the
allotment served upon him charged him with killing
TsnOnd Kcmben lie tried, convicted and SEN
,.eed but the Louisiana Supreme Court has recently
er.nted him a new trial on the ground that an ID
ro-sd copy Of the indictment was served new
i,isl wss also granted TO Turner Clements, who was
convicted Of allowing his cattle to 90 on the inclosed
lana Of some other owner. The indictment or In
formation was against Clements Turner" but when
be witnesses began TO testify the discovered
70 be Turner Clements and by that name the pro
ceedngs were carried on until the Verulct was ie-
corded.
One ease in which variance in the name relied
on without success rather novel action recently
decided in Vermont. The proprietor of "Redpath
Lyceum Bureau Of Boston began suit in his own
name against the proprietor of hall in Vermont
town. The defendant had agreed to pay $I5 for the
concert to bt gwen in his hall, but storm set III on
the morning before the date of the concert ana
blocked the railways and the streets. The proprietor
d the hall made up his mind that no one would be
likely 10 attend the concert and also considered 1t
impossible for Tie musicians TO come from
ueghborng town on account Of the snow
drifts on the railroad tracks. lie telegraphed that
the musicians need not attempt the journey but en-
aaas-.sl~ sssn.,or ssonpOd special ensne and sue
c,cded IN Bringing his musicians tp the town before
The hour fixed for the concert. The hall was not
opened and the "Lyceum" has just recovered the
made with the Lyceum instead OF with the proprietor
Who brought the snit, but the echnlcal oOlectlohs
were brushed aside and the judgment was sustained
The opinion Of Judge Daniels in the interesting
seneca Nation dispute has Just appeared in the re-
rOrts. Andrew John, ir, who was elected president
or the term ending last May, unwilling to sur
rnder his Office TO Thomas Kennedy who was elected
IN his place. The Indian nation then brought suit to
restrain him from endeavonng 10 act as president.
TX President John said that President Kennedy had
once been convicted Of felony, and was Therefore
Ine,sihe % the Office. lie proved that Kennedy had
leep convicted Of feOnious assault, but Judge Daniels
holds that that fact did not exclude him from the
rFeddgncy Kennedy had become the " defacto' prea-
srn and John IL was held could not attack his right t.
act except through the Attorney General of the state
John made number Of charges Of irregularities in
the election for the Presidency Of TIC Nation. The III
speet r. II appeared. adjourned for dinner aud for
supper, locking tie bniiothoA ana taxing IL VITA mem
Wllle some other person kept the key OF the boy.
Judge DaEcls said however that the Inspectors were
rGsr careful than IN preceding year FOR II was
their 10 take the balloboN with them without
taxing the precautiOn OF locking H.
As the end Of Judge Daniels Iorg term Of service
On the Pcnch approaches. NewYork lawyers are Won
ecrng how the work Of The General Term can be so
quickly and thoroughly dispatched heretofore. The
tnerey Of the other judges might often have been In
Trc.ent 10 enable the court 10 maintain It's record
o the prompt disposal Of cases II the Industry ana
resitcncy Of Judge Daniels had not helped greatly
IN The work Ills capacity for work was apparently
unlimited lie wrote large share Of the General
Term opinions and to any Of them he devoted much
tine and care. II will lie difficult for any
o'r judge TO III his place, The en-
Argement Of the General Term Willie allow
hs concurrence by only two judges as Su'hceht
tn decision had been suggested while the judiciary
convention was at work Tie loss Of the valuable as
's'ante Of Judge Daniels at this time VIII make such
; MEASURE all the more important. Several OF the
sptme Court Justices have taken turns IN sltIlg az
~ General Term. Justice Bartlett whose eXcelieht
10 h iOrmer years at the General Term is reHeih-
N'ed has agan acted with the New York Judges.
The colony OF New south Wales several years ago
MAGE enarable attempt 10 legisate for the universe
sNs NE British PIivy Council recently had occasion
" HHi tie otherwise too extensive jurisdiction con
IND b. the act. The statute read "Whosoever'
Vhg Married. marreS another person during the lfe
" re iormer husband wifewhereSoever such second
r~nage takes placeshall be liable 10 penal sentence
W seven years. The Rev. Mr.. Mcleod, who was
pastor Of a Presbyterian Church in New south Wales,
uIFm in 1872 Miss Mary Manson lie ana
a. wife lived ut various times In New south
Aale', Scotland Canada. the United States
ana hnaly IN London where they separated the wife
shhg to New South Wales and the husband to the
.tted States. Mcleod obtained decree of divorce
~ "eWhe1icO without the knowledge OF his WIFE, ana
" ai'eFward married Mary Cameron In st. LOUIS.
Nv HAPPENED la rsturu NJ, Now South Wales and was