New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-08-02
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS


the funeral Of Richard s. Newcombe on Wednesday
Mr. Newcombe's attractive personality and his ability
had won him many friends among the leaders OF the
bar who had been engaged with him In important
lawsuits, and the circumstances attending his death
would have served to overcome any illfeelng If any
had been engendered In his contests with the lelo"
| mcnbers OF his profession There might have been
several years ago less hearty recognition OF MS posi-
lion at the bar, but his talents and industry displayed
in recent long-contnued litigation had secured for MN
the respect and esteem of many judges and lawyers
Who had at first moderated the ability concealed under
his somewhat careless manner OF speech lie MAN
tanned a cheerful spirit in the last few months oI
his life when he endured much mental and phySlcai
entering and his bravery was shown by the
/ steodiness with which he made the CHOICE
between death by slow suffering and the dangers OF
surgical operation. One Of the last important cases
which he tried was that Of simmons the bank wrecKer
IN the United States Circuit Court, and he suffered Eieo
physical distress while conducting that trial. O'i '
night when the verdict was given he had scarceN
strength to mount the several steep flights OF Steps "
tbe Federal Building. and before he reached the co
room he tainted and would have fallen to inc hoo,
for the assistance Of companion. His loss VIII W
felt with especial severity by exJudge Donohue po
tween whom and the younger lawyer there existed inc
warmest friendship. Many important law suits may
be delayed while other members of the irn prep",o
themselves to carry the work which MI Ne"o0"
was compelled so suddenly to leave
The work carried on by such lawyers as MI Ncw.
combe would in England be sharply DIVIDED pe'"
solicitors and counsel, and English lawyers are vs.
cussing the question as to whether the ui,.oo"
,ror, is altogether wise Lord Coleriuee anu
otber eminent English ursts think that the Amerl-
ran system has many advantages over the more oo'n
nIicoted and cumbersome English practice III IL oO
unusual 10 see attached to the report OF soio "''V
involving q few pounds the names OF seVeldt |
On either side who act as solicitors Junio'
leaders each with carefully limited Stlarc ~ NV
conduct of the case. The client in this COUNT ,D
,; directly with the trial lawyer while 1T h"S'"u
he knows only the solicitor, who tells ju"oi 'V-'
"a, Who IN t1Irn communicates 10 senior cOuuSci ~
much ~ the case as the dignifed leader VIII 'o'-
descend TO listen to. California lawyer "''
educated in England and practlSed tor Se''I"' 49,,
In that country, has recently given MS Nio" " ~
| vocacv Of the English system. lie DeiieNcS ''V NV
existence of the family solicitor IN ESiu'u -.
r,or,ed dIminntlon Of litigated canses' Inc "ii',
! so1ictors frequently holds n scmiludlcial Pla'e
r,o,c his clients and disputes about family estates
arc settled in his Office more frequently ,nai III ''
courts lie has no interest In increasing n',4 , ,
no in fact dscOurages ii as much as po'sloo' i'0 ~
vors who are consulted by clients In TINS coun'i, %
~ hove y financial interest In promoting hugatloh' IL
'I , 49,, ho,royor whether this fact operates as
strongly as the California wrtter-J' H. De"Ni" w
uovos N couse lawsuits Certainly lawsuits are mucIl
loss extensive in this country than III hhei"u, '"
conIderng the differences in social ana business ne IL
the two countries there can be no DOUBT t'a' 'no
English system would be popular OF eNeii PI"0'
| cable in this country.
some of the figures with which Mr. DeaKn Illus
trates his arguments interesting AS 10 tle mum
br f iudces he saws there in England some thirty
e mon exercising unlimited jurisdiction in civil and
criminal cases over a population Of say, 3oOoo'ooo
a conservative estimate cannot place the nunloer vi
men invested with similar jurisdiction mere o'cr -"
nopuation of almost G5,000,000 at less than loVo'
Again. while there in England siXty-two or sA'S'
three County Court judges, there cannot De less l'
1O 900 men throughout the United Staesloca justices
-exercising substantially the civil jurisdiction eX
cent in bankruptcy matters Yet litigation IS the writer
declares subject 70 much greater delays in this country
tl,an in England The Court Of Appeal in England
with seven Judges usually sitting is nearly up win
IFS work while the United States supreme Court Win
| nine Judges and with only limited number OF SUD-
iects OF litigation to consider, has two or three years
work before it to complete the present calendar WIFI
out considering the constant accumulation OF cases
II probably true the writer suggests that hcrc
are fewer ignorant and uneducated lawyers In Eng
land than I'm this country but the advantage Of paying
three or four men to do what one lawyer accompshcs
here IS st far from apparent even after reading S
earnest defence Cf the English system.
! Irving brown the editor Of "The Albany Law
Jmrna7 is enjoying his European trip and is writing
characteristic letters to The Journal lie drops
into poetry" with alarming ease and furnishes seVe
specimens Of the peculiar kind of verse familiar to his
readers lie did not a rocking chair and had 10
fight for iced wafer in England. The warden at War
wick Castle spoke of Ercules and Harlhadne" lie
Jumps from London to Paris and back again, giving
n paragraph TO each and, though lie gIumbes at rail
roads hotels BARRIERS and architects he is the whole
contentcd and even cheerful over his experiences
lie unfortunately gives no notes which interest the
members Of the legal profession more than any other
readers.
The decisions OF the courts cause some peculiar
family complications at times. recent decision OF
| the General Term Of the supreme Court, Third De
partment, for instance, concerns the relations OF
married couple who lived in this State few years
ago. The husband left his wife and went TO Cali
fornia solely for the purpose Of obtaining divorce
lie procured a divorce, but on evidence which was
false The summons served by publication and
BY mailing letter to New-Jerscy where, as the nus
band falsely declared, his wife lived. lie afterward
married again. The General Term held to the two
apparently inconsistent propositions which the highest
courts Of this state have apparently laid down. TIT
divorce II was held, was invalid as against the wife
The husband had procured the divorce on his own falls
testimony and tho wife had been served with
process I'm the case and had always been resident
thi, state. While the court held the divorce no
binding on the wife, decisions of the Court OF Appeal
seem TO support the view that the marriage of tn
husband with the second wife is valid. 1t IS valid Il
California, and therefore held valid here 80 that IN
man apparently had two lawful wives, but the frs
wife won Ter suit for divorce the peculiar matrimonial
condition does not longer exist; The Kentucky Sour
of Appeals has recently decided that Lewis F. Pearc
wa, the husband Of jennie ). pearce In Kentucky
though according 10 ohio decision he had been a
, The same time the lawful husband IN that Staie
Anna VI. Pcarce. Peacc lived with Anna for S.verl
years, but there was no marriage ceremony 1etwSc
hem lie aftcrward married Jennie, wife No
p" the court calls her: Less than year after "a
y marriage he deserted wife No. ~ and went TO ONO
where wife No. /" began suit for divorce, 1llegln
that there civil marriage between them thoae
| no ceremony performed. me ONO court granite
the decree thus establishing the fact far As tn
, ohio courts concerned that wife No ~ was no
! n wife al all. Wife No. 9" then began a suit f.
divorce In Kentucky, and the courts OF that state hav
decided that Tearce was never married to wife Nc
| - and wifi, no - obtained divorce and an allow
, ance for her support.
snnintv hold II