New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-28
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

THE COURTS.
The criminal courts have been active than the
civil In the last week two in dispOsng OF cases
exciting public interest. The trial Of the New-fork
and New Haven Railway directors shorter and less
interesting than had been expected The counsel Tor
the defence saved much of the Jurors time by admit
ting facts which could not have been proved without
fle calling OF many witnesses. The facts that Mr.
Depew was not called as witness and that President
Clark the only director who testified, not cross
examined, made the proceeding comparatively tame
A lively tilt between some Of the directors and the
prosecuting officer, an exhibition on the witness
stand Of Mr.. Depew's ready w.t. would have pleased
those who attended the trial. Public interest was
somewhat lessened also by the fact that laws pre-
scrbng the of particular appliances. except under
the operation of general requirements that the safest
articles shall be used, are not usually popular in the
community. The laws requiring the use Of the ropes
in hotel bedrooms and OF ratings for painters plat
forms, are examples OF the kind of legislation which
is frequently criticised. The car-stOve law was r.
pealed under act OF the Legislature of 1870, ana
there were lawyers who questioned whether ii were
worth while to subject so large number # reputable
citizens to the annoyance Of arrest and trial in an at
tempt to enforce law which the Legislature had
already repealed, and which punished an act not IN
volvng any moral turpitude. Presiding Justice Van
Brunt in his earlier opinions In the case had laid down
principles In line with those under which he directed
American which does not pretend to look at the mat
ter from legal standpoint made some criticisms Of
Justice Van Brunts earlier opinion as TO the distnc
ton between the officials directors and as infvld
nails and added: at Is clear 10 the dulest mind that
the real responsibility for the accident lies with the
car-stove which manfesty exceeded It's authority III
roasting the passengers when II had been engaged ex
pressly to warm them. And then. II the victims had
suffered as patrons OF the road and not as individuals
clearly no fatality could have occurred
A more seriots incident Of the Criminal Court pro
ceedngs has been the acquittal Of accused persons
whose guilt seemed evident to most Of those WHO
listened TO the trials The verdict in the case OF Mrs
Ella Nelson especially excited much comment. some
of the criticism directed toward the whole Jury
system. but substitute was proposed. Inc most
frequently proposed remedy for some OF the evils OF
the Jury system is that twOthirds or threequarere
vote shall decide as to the verdict Such change
world however only increase the number Of improper
acouittais The two three Jurors who refused 10 be
Influenced by sympathy may compel disagree
ment resulting In a trial, ending in proper
verdict. The jury laws OF this state nave
not been successfully attacked, and ;he con
duct of The prosecution in the Nelson case was
not criticised except 10 tho failure &c challenge
some ~ the persons who were examined a jurors
Tho ault seemed be entirely with the jurors them
selves who were led oil into some side lSSuc such a.
the moral character the dead and his relations
with women. such incidents arc Ike some acc'dehu'
at railroad switches, which may be due not 10 bad
svstor hut 10 the defects incident 10 system depend
Ing upon merely human agencies. careful switch
man NAV once IN the course Of wears forget his duty
and Jurors who are usually fair may at times be led TO
faIse conclusions The failure to do justice may how
ever have serious result In encouraging the COM
mission Of offences similar TO that which remains I'M
punished.
The Harvard students Who were recently fined FOR
maintaining Nuisance In having liquors for sale at
their clubhouses ae not the only club members VINO
have had difficulty recently with officials WHO enforce
the excise law The North Carolina supreme Court
has lust decided that the steward Of the Cosmopolitan
Club of Ashcvlle Vas guilty Of Violating me Ia"
under Circumstances arranged to evade punishment.
The steward had pleaded guilty OF Selling sp'u
OIL, lquors to the club-membeIs. Some OF the mcm-
her, then agreed to divide the club liquors among teIu
selves a. individuals. The liquor belonging to the III
dividuals was kept together in the same demohns or
Rttles. and when any Of the associated members
wanted drink Of liquor he obtained it from the se"
ard hv having the cost price. The club members con-
tended that this was not sale but was DIVISION Dy
An agent of certain property held in common Oy se'c
individuals The supreme Court holds t'at IL WIS
clearly sale Other attempts II evade the Ia" nave
been made bat thus far mos! Of the decisions ol ''c
courts have been against tho cub-lembefs' Inc Ens
fish High Court gave time ago a decision "hlch
ed IN many OF the attempts TO cvadc the law In THIS
country. The English court held that the delivery
by the steward OF liquors owned by the ciuD 10 oe VI
the members was not sale, but transfer VI 'PcolH
mr. py1etorshp Most Of the state courts III ths cou
try have decided against the English aulho'lS' p"'
The Montana supreme Court In one OF tn" iatcst DC
iiore nm tlfe subject ADOPT, the reasoning OF the
Fnr,ish Judges and holds that club docs not hecd
license t. furnish liquors 10 H. members
Amonr the decisions adverse to the right OF cln1
s+oTnrs7 10 distribute liquor 10 the members without
license ar, those of the New York Ne~-Jefsey Ma9aa
cbusetts MARYLAND, Kansas and Iowa court. III IN
@ thora was proof that the clubs were organized
s"e ociaI intellectual and ecreative purposes ons
Sometimes there were plain attempts 70 eya;e , lle
Social Club in M0r'1a, taken to the eses M
C ot,nmnt.d evasion Of the law. Nan'as club
aoSsHt 10 secure relief from the P %c@ %T
~ Iv selling chips to the members winch "cIe H
law w banged Tor liquor but the courts held me
Esrnaction 10 be sale nquordealer in N0rcssIer'
Ma Ip c.ila va Organized among The regular
customers and each man had locker III ,no ,,.io
with his maine on the locker and also on the Dot,e
yrhich il contained. The keys were not taken away
lut kept In a common drawer IN tht 30 - - 49,.
also shown that the member, OF the GD " d mU
Holden found drinking ont OF gaitl9 ~iv pcr9
,rhen The hottie va. opened. The Ma-,arhl-eits
courts were not deceived by the attempt 10 eNaup va
law The Iowa court few years ago W.T. coiu ip, ny
~ cnforrs Inc penalty for selling liquor 10 an llI1A
Gated person against the Waterloo Turn Nsfs In Will
allowed The selling Of beer at pnDiic DAN ne tted
ts direction The appellate court ho.ever soiusnea
lie adverse decision by pleasant vows unusual ~
a grave judicial uttcIance. The persons wso ~oIu
tbe Ieor the court said. and the officers and mem,
her. of The corporation who stood by ana Acuiestu
T." the sale were not actuated by malice. IheN DOUBT
ess believed that the beer gave ze~ 10 the bail snu
added TO the enjoyment Of the entertainment; lhey
Lad malice toward none. but charity Tor all. ana
IOucht il no crime % dispense 10 the tesVe lhroIg
that which they believed celebrating but not lnloAi
eating
THE WAC GOT ALL TIE APPLAUSE
A. a noIitlcal meeting In one Of The hot campaigns