New-York tribune., 1891-03-01
FRON BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COI-RTS.

| IUE tOl
Tie Faverweathcr will contest took new aspect
last week when The deed of gift Of the executors was
| made public There was little doubt that some sucN
action would be taken, and the result Of the eAIIao
| dinarv exhibition of confidence Will be welcome l"
those who wish to retain faith in their feho"-mcn'
The legal proceedings, however, are not DISCONTINUED
Contests over the distribution Of large estates nave 'o
occupied the attention Of c0urS IN states near ->c"
yorE The words of Judge Beach In an opinion pub
usbed recently suggest the difficulty IN most o t'V0
cases. lie SAYS that the tcstator in the case "hI'h
| be was considering "avoidcd the territory oil uuSl''
rcmainders and cxecutOry dcvisc-, where the pains
arc uncertain wisely limiting lbs effort 70 a si"po
division of the estate among his immelalc uVS,'
ants" The writer business man. anu u'o "''
mcnt was all in his own handwriting ana Juure nc''"
calls il a creditablc specimen and says All ti'
is needed to ascertain the tcsators intention Is ~
road 4bo will as he has written il, and collect MS III
+rton from hi, WORDS 1t is the tc>iator VINO wan
doris in the uncertain paths spoken Of by Judge bcCH
whose estate is dissipatcd in lawyers fees anu us
bursementS
The sketch Of David Dudley Field written by lrVins
Drovne for Tie latest number OF "lhe "icch !'-'
contains words of high praise wmch many "i ",o
legal associates Of Mr Held VIII elduIy c'"''
snaahs Of him as "thc most famous ana lhhuc"'lA
of LAWYERS The expression refers TO l.S ld'Io "a
r,r,re and the English colonies, as well a. III HIS
r country and 10 the remarkable influence WHICH Hc
bos exortnd on legislation throughout the WoIu' ~
a nractising lawyer he held high rank ID Ills p''
in this citv but as Mr.. Browne remarks NJ i''
nractice was only an episode III Ms great anu I's'
ened career 1t is the former oil erca' systems "
codiaed law that Mr.. Fields reputation VIII rest l"1
,vers q. his own state hardly appreciate inc extern
10 which his work has Influenced leIlslauoh "a
| countries The majority Of the more proI""oi'' I'
| vcrs of his own state arc apparently "PPo'0u ~
nI,rs for codfying tle civil law, and his Own o'u''
which has several times passed one OF DOI' u NJ "
| the Legislature, has not become law 'iii''
| ,bo doci.ions of whose courts have cspecal "cr"V
with iudces Of other states, adopted the code H'' ~
tvontv wears ago. and Dakota moro recently aOp'o' 49,
The English Judicature act and the 'ode' oi l''
other colonies have been adopted largely l'iV"Nn u'
| influence Of Mr.. Fields work, ana nan "i ''0
% tho Union have 10 a greater or less degree a"'Pe
| ~ ,4bod. ,vhich he advocates. In his cGHlS MIN
~ no wonderfully maintains his vgor ana expects u
| live ten wears longer. His reception IN Eh-Ian" 80
year showed the high honor and esteem IeiO loi "'
| great New York lawyer abroad.
The Court Of Appeals gave many important de,
| ,-,ore last week The appeals IN the cases ii
| vicholas Trazza and Charles McElvahe, AcCu''N "a
nu,tnr resulted in the ailrIndnce OF inc 'uue'"'
| and the convicted men Will be eAccu'cu DS '
| utIess Writs Of habeas corpus III INC CliVu 80
| Courts or some change in the Ia" iHc'IC'V,'
decsion of the Court Of Appeals in the suit 'rouSn'
~ v Ius,ice JASPER W. Gilbert, Of the supreme COURT
inst the state Controller is OF interest In vie" Oi
the retirement a few years hence OF judge Earl ~
| the Court Of Appeals. Judge ElbeIJ rcuIcu Ao'" '
| h.nch after having served seventeen years Hc 'au
served nine OF the fourteen years OF inc l@'C ''i
| which he was elected and then di'quahh'n Dy
| co from further service. The Constitution poNiue'
1or to naymeut Of salaries in such case uhtH III.
| eypration of tire term for which the Judge "@'
elected if the retiring judge has served ten yedI'
Ipdce Gubert's service did not include Ten years u
| the last term to which lie was elected Juuse Eat
| win have served only four years OF MS last term
when ne ratires although s,fu term Of service IN
| tbe Court of Appeals will have been nearly twenty
years Judge Gilbert received his salary lor inc HN'
years necessary 70 complete MS tcr but did not rc
cevc the extra compensation Of IL POO year aIo"e1
in view Of travelling expenses. lie sued Tor ana re-
covered the $1,000 the Court Of Appeals having iua
decided the appeal in his favor The construction
Of the constitutional provision is that the enycai
service need not be in one elective term.
Vrtue IS seeking its reward at the Court OF Appeals
with doubtful chances Of success. Virtue IS repro
| seDted by a young man who in 1863, when he wa'
fifteen wears Old entered into a contract with h.s
uncle that lie would not drink liquor, smoke or play
card, or billiards until he twcnty-Olc years Old
His uncle promised him 5000 If he would Keep the
contract. and the young man, according to his own
statement fulfilled his part OF the agreement and Oh
January 3, 1o7J, when he had become Of age, wrote
|
| did not doubt the young mans statement, but sug
gestcd that it would be unwi,e to entrlst 80 large
| a sum Of money to him until he was older Inc
| uncle died several years later, and the person T.
| whom the young had assigned his claim brought
suit against the estate \ verdict for $1,000, in
Guiding the interest on the - ,O00 obtained but
the General Term reversed the judgment. The appeal
to the Court OF Appeals argued last week. and all
friends OF model young will watch with interest
| for the decision Of the court
| Lawyers are usually credited With possessing accu
racy of speech. but expressions recently reported
Indicate that they capable of "A laundering o
| wUds. 4 lawyer in Ncw-SOuth Wales, in his opening
speech the defence, said Gcntlemcn OF the jury
the for the Crown is skeleton, mere sAele
fC7 gentlemen, for, shall presently show you, Il
h:>, neither hesh blood bones in it," y we'll
| known member OF the Victorian Parliament Informed
worth the paper IS written on But an Irsh lawyer
Outdid his competitors when he said fdvldly: " Gen
tlcncn OF the jury il will be for YOU 10 whether
this defendant shall be allowed 10 come into court
with unbusling footsteps, with the cloak Of hypocrisy
in his mouth and take three bulocs out OF my client,
! pocket with npunltY.'
The use Arabic numerals instead Of written words
and Of abbrevatOns Of prOpo names has not met favor
the courts and it is pleasing TO note that the Maa
| clusets supreme Judicial Court a admitted
| the numerals into fun fellowship with the letters.
complaint in a criminal In Massachusetts twenty
five years ago held TO be insufficient because Tho
date written, the fifteenth day OF July. 1850.
The court said Thcrc should at al events have been
words, at least letters, which have acquired an
established in the English language. added to
or connected with the figures contained in IL to de-
refern This fear lest body should suppose thai the
date u. c., A. NJ had reference Other