New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-25
FROM BENCH AND BAR.
o,rHERED FROM LAWYERS AND AMONG
THE COURTS.

- = A,t,cals for this circuit VIII pcSh' y" N"e''
CO.." .. organized last summer and TOOK u feVoss
iE ", ,se hist Tuesday Of october judges Ns'''o"
'Hui -o-nb. will probably hold the court alone as
sHa o,,ebford Is now sitting In the supreme court
jS'HN -, Constitute a quorum of the court, ana IL
1se ~ ~ necessary to call In one OF the DsuleV
vi .,iess some matter arises in which one OF 'ho
'aas. Iuagss has already acted. Several OF inc
CRU :, Aureals IN other circuits have ALREADY he"
W. That in Chicago met on october D. 'us"'o
So ,r,ssded. and judges Walter =. oresH''" ANU
bs'NA ~ piodcett were also present. The court
h' Sufficiently large calendar to occupy .'s az
faso The appeal calendar IN this circuit VIII
TDuV@, oluays be large. SO large proportion OF
FOais formerly heard by the supreme court
~ aPp he determined nv the intermediate tribunal
ss he judges o. the Circuit 1OE o. The e' spsont
olcs ., an additional judge In iew mo'ns wiz srr
nea. ssiet but even the industrious ynoscs m1M
ioEss once snr judges Wallace and Lacombe
De soweger the faculty Of di,Posing Of business res,
nsSv and at the same time care.uiS anu uiere VIII
gaze DELAYS which can be avoided.
r,,rot,on which the elevated roads have pro
l =. many ingenious devices now promises to BE-
m. ,-..,v intermlnable The law now allows jury
i' .o-,oip classes Of these cases, and the elevated
tis 1.vrvers have resolved 10 take advantage Of
s.-slsc. The consequence is that no considerable
-. ~ cases in which past damages are claimed
.rohably be disposed Of while the present elevated
e. Is In existence judges nave frequently
sn,sssod dkpleasure at the methods OF the LAWYERS
e1pSss elevated roads in taking advantage Of every
Unhealthy to delay the rendering Of iudsments but
ue ~ IN recOvcry Of damages viii make the tactics
3 tss swTers more unpopular than ever.
n. death Of Judge Gildersleoves son called out
a. synpathy Of the many friends of the Judge and
~. ,,r,v The Young man was unusually bright and
- attractive personality He favonte with all
,,s, knew him. and had just reached the ace when
Al, .ebool education approaching completion, and
;, va preparinc for active professional life.
~. prospects were bright, and his family
"a friends had the highest hopes Of his
en,,ss. Judce Gllderslecve has capacity for win
80 senjs and his severe loss led TO the expression
2: Ilnd irenns toward him not only by those who as
,,sie frends know his high qualities. but by those
xbo as urOr counsel or witnesses had been attracted
Nv h nrorr courtesy and his evenness Of disposition
even In If MIDST OF trying circumstances.
III. Green Bag for october contains continue
so, of John Whiteheads long and carefully written
,.tk on the Supreme Court Of New-Jersey. notice
are fae; IN the history Of the court in the period de-
sibed-becnnng in ls3s-is the frequency with which
tulca appointments were made without regard to the
politics Of the persons appointed Many OF The Repub
lean jud.es owed their appointment and retention in
onoe 10 Democratic Governors. part OF Alfred Rus
sell, criticism Of the jury system in his address at the
American Bar Association meeting IS printed in The
Green Bag and eounterpOise the eloquent re
marks Of Emory Washburn in defence Of the system
sre quoted. Mr. WashDurn said While | would
not let Jury trench a hairs breadth on the province
OF the court have hesitation in saving that, for
irving and settling disputed questions " fact through
ne instTmentalty Of human testimony. where men
and their motives arc u be weighed and scrutinized
Snd balances are TO be struck between conflicting wit
nesse had rather trust 20 the verdict 4 twelve fair
Minded men % average shrewdncsS and intelligence in
iury-box than 10 the Judgment Of any one man
trained IN the habits Of judicial investigation and
accustomed 10 measure his conclusions by the scale
of no fau~ rffld fhawf Trust tn tho
judge
One Of the most peculiar judicial opinions which has
recently been printed e that delivered By Judge Free
man. Of tie supreme Court OF New-Mexico a few weeks
ago. The popularity arises patty from the facts in
The case. judge Freeman saws "ThiS Is most ex
traordnary proceeding fa'as we have been enabled
TO extend re-earches it without precedent In that
which tn Judge calls the unique and weird com
plant IN the case named Ellis declares that
he was Induced TO become member Of a community
called Fohists.7 The defendants Who were engaged
IN organizing the community declared as inducements
for Els to join the community that all property was
o. be held IN cOmnon and that the community was
20 DC c1hancteo on principles Of brOthery love with
out master leader 70 exercise control over the mem
bee hhs BENG attracted by the declarations OF the
INnoteS arc by the peculiar gospel which formed
he basis o. t,le union gave mp a place and with his
children joined the community. He did not find mat
community lie afterward brought suit for $40 .Oo0
As damages for the loss Of time and la6or and OPP
hat be has suffered great anguish Of MUD in con.
sequenc Of the dishonor and humiliation brought upon
hnseH ana hls children by reason OF his connection
With the deferdants in said communitv.7 SYM
gathiHne jury gave him verdict for ~ 800, which
NE Spreme Court promptly set aside.
Judge Freeman in his opinion makes long quotations
non OaAspe.' the gospel Of the Faithiss and also
nvews IN humorous vein the testimony a 10 the
peculiar customs Of the community. The promoters
-
GFande calling The Land OF Shalum.7 and thence
according 10 Judge Freeman, "lad sent forth their
tFen notes, which. sWeeter and more seductive than
ue music that led the intrepid Oiysseus to the Isle Of
CASpso, reached the Of the plaintiff at his far-o
home IN Georgia and induced him to 'conseerate his
hn and la5ors and all his worldly effects.
ETC., TO this new gospel Of Oahspe.7 The
BOOK entitled "Oahspe' IS described In a subtitle
A sacred history Of the dominions Of the higher
arc lower heavens on the earth for the last $4,000
!2S together with synopsis Of the cosmOsony Of
lie universe the creation Of pEanets the creation OF
nan the unseen worlds the labor and glory of gods
ana goddesses In the etnerean heavens With the new
oOulmanomenS OF Jehovah 70 man OF the present day
Win revelations from the second resurrection formed
words in the thirty third year Of the Kosmon era"
Afeosong 70 "Oahspe" the Christian era began when
COUNCIL or convention Of gods aud goddesses met TO
eac>e ruler. Judge Freeman says: "On the first
~ iNNeiN lllOFNs Us IIdl Jiierc were ullTIy~
~'eh candidates. naming them. This list includes
sl'u "elkhown personages as Vulcan. Jupiter and
s-NeNs AIiste stood twenty-sec0nd or ths ballot.
"'s.Ues uese there twenty two goddesses who
~ small number Of votes each The names
Va uee candidates are not given and therefore there
HO~Ang In the record 10 support the contention OF
&c counsel Thai the list includes the names Of Bob
s'''Ou and Phoebe Couzns" Kriste is finally chosen
- "uase Freeman then speaks of the testimony
nj Vha .IIt~o
'AAe parody Of Dixie ending with the words
Isss@ away out West in shalum." The
nj fteaiaIAs The authorizes OF these beautl.
L. :. Ouchng lines is Nellie Jones' a mem
n ~ Me society. She Is not made party
fsts-ss, SETON and therefore Judgment can be
ps \. against her. When the appellants, the ap-
Az, .n~ sweet, aud Nellie JONES' aforesaid formed
gs,f,r y liye ana like the morning stars sang 70.
naIal malters not whether they kept step to the
ue ss~ehs OF Dixie or declined their voices 20
Rke ~ melody Of Little Annie Rooney the ap-
IN vo,s 80 forever estOpped from setting up a claim
Tar ~ 80 sc la,or done, nor he be heard 10 say
sqrssos s@s suffered great anguish Of mind in con
l.hsF.aWS he cishonCT and humiliation brought on
&c cs.,sc children 10y reason OF MS connection with