New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-21
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


dignity and the muchtakcd of silk robes became them
well. Judge wallaces tall form and intellectual
features especially attracted attention In the he"
setting OF shining black silk. Associate Justice Bn'c
fords face had the seriousness and rmness winch oiu
practitioners at the Circuit Court remembered WIN
little additional severity which added years may nav"
brought Judge Lacombe's athletic figure hlied ouV
10 advantage his official robe The proceeu'"e9
were simple and appropriate. Mr. Choa'cs ,'s
on behalf Of the bar contained two pomve WIZ"
especially interested the lawyers present ne ',
of ex Senator warts the author OF the law uhder "o
tbs count xrss torood as holding by life tenure the
leadership Of the York bar" and the phrase "ouiu
have won approving applause II uttered III I.o'
dignifed presence. The other ILLUSION Vi esP0
interest was to the speakers own part In the a'.ep "
revising the judiciary article OF the sta'e IONS
He spoke OF II as curious fact that at the ume "he
w. Iri,d states was about to witness change in the
,ud,cta, svstem which left still supreme ana I'M
changed in numbers the highest appellate 'rlouna'
New York State which also suffered from 0ne OWLS
=, lang DELAYS in the administration Of justice seemed
sbout 10 adopt plan under which the 0ou'V ~
Appeals was to be divided and to be increased III
Numbers Mr. Choate and his colleagues In the 100
v,sion Commission recommended 10 the Legislature,
Il may be remembered, system somewhat sn'lal u.
principle to the Evarts act, under which 'ho Oo'
Of Appeals would be unchanged in numbers ana
r.v intermediate court would perform many OF inc
duties now dcvolving the highest court. 'ne
LEGISLATURE rejected that system and aoopteu SUI
s4itnte providng for an enlarged court sitting IN
separate divisions. Mr.. Choate therefore, SPOKE lcc
lney in prasing the Federal SYSTEM
The appointments made by the new court
mere those which had been anticipated oy
not a few members of the bar The selection
of John A. Shields as clerk was a'moSV
Inevitable He has been thirty five years connected
with the clerks office of the Circuit Court beginning
as oce-boy continuing for many years as deputy ana
for several years acting as the head OF inc ONCE Vi
which he had been under several predecessors the most
active member. His familiarity with the procedure
OF the Federal courts is unique, and as he Is a"ays
willing to impart knowledge to practitioners ana is
unvarvinp I'm his good nature and industry, every
member Of the Federal bar of this district is his fend
Marshal Tate is dignifed and experienced HIS seNce
as Marshal of the Eastern District OF NewforK unoer
President Arthur makes him familiar with such duties
as he may have to perform. E. G. Marshall the newly
appojnted cr!er has been for many years faltmul
and efficient clerk in the United states Courts
The wearing OF orfcial robes had been decided upon
nv all the Supreme Court justices, and the arrange
ment was carried out far Is reported IN all the
circuits at the opening Of the courts OF appeal Inc
Chicago lawyers somewhat divided IN their eN-
prcssions the subject The Legal News" ue
principal paper of the city, was strongly Opposed
TO the innovation Justice should be administered,
Il said in accordance with the simplicity OF our
Government, and without pomp and show What
would be said If judges should bedeck themselves
with wresths, flowers and ribbons while on the benchf
Gowns are unmany, and in warm weather DO not anu
10 the comfort Of the men Who wear them II gown
would add to the ability wisdom OF Judge, there
wonld be some reason for adopting the gown as
court dress There is no that becomes Amer
lean Judge well as that of plain American citHeh'
If gown is thought TO be necessary TO the proper
administration Of justice, would II not be well 10 80
change the law that women who know how to wear the
gown with dignity and grace should occupy the
I'll M lea
Der that the Editor Of The News" IS a woman Many
welknown lawyers Of Chicago signed petition to the
Judges in favor of the gowns and Justice Harlan VINO
looks particularly well in a robe, and his dgnihed
associates, in opening the Court Of Appeals at Chi
cago, wore the Official garments.
The General Term of the Supreme Court recently
decided novel point Of criminal law. The code
allows a conviction ordinarily of an attempt TO com
nit crime under an indictment for the crime itself
In fact an attempt-that OF the person who tries TO
commit suicides punished, while the principal CRIME
Is not, because, the code gravey says, OF the I'M
possibility of reaching the successful perpetTator OF
the offence of suicide. There has always been doubt
however, whether conviction Of an attempt TO
commit an assault legal because many Of the
definitions of assault include the word attempt so
that to convict of attempt at assault would
be to convict Of an attempted attempt per-
son pointing an unloaded pistol may be guilty
of an assault, though he only f1ghens the person at
whom il is pointed. An ingenious but not over
scrupuous lawyer attempted to take advantage of this
popularity of the law relating TO assault He offered
on behalf Of Ids client In the General Sessions plea
Of An attempt TO an indictment for assault in the first
degree. Ii was accepted He expected that his client
would be sentenced a short Imprisonment but tho
fudge imposed the highest term of imprisonment pos
sble under the plea Similar pleas had been taken at
times because a prisoner is supposed 70 waive any
technical points by pleading guilty The lawyer in this
case however, liking the sentence took an appeal
floc nnvictio NVhi he
urged upon the court. The General Term OF the SD
preme Court has affirmed the conviction, brushing aside
the technical difficulties. No precedent for such a
conviction could be found but Judge Daniels holds that
there is a distinction between the crime and the at
tempt because in the 1t is necessary that tho
person intended 10 assaed shall not be far from
the intended assaant as to be beyond all possibility
of injury from him, while an attempt may be made
even if the blow could not possibly reach the destined
point Judge Lawrence goes TO the root OF the matter
when he saws that the defendant cannot complain Of
an infoTmality which he voluntarily created by the
plea 4" CommOn-sense and not ultra-rehnement ana
nicely of criticism" says the Judge should be ap
piled in constituting the defendants plea. While the
utmost should be taken TO the rights of
the accused he should be allowed, upon specious
pretext and cunnngly devised expressions to mean
pne thing and say another" Thus another privilege,
that of saying one thing and meaning another. is
taken away from clients advised by acute lawyers.
The happy day will probably when the
same stnctncss shall be aphed TO the lawyers them
selves.
A Jury is supposed to be endowed with mysterious
means of information, and tho Georgia supreme Court
recently overturned verdict because "a Jury frankly
said ave do not know" 10 some Of the coIundrums
which the lawyers allowed to put 10 then In the
form of questions calling for special verdics. Several
ouestions of fact answered decisively enough,
but these questions too difficult for them
WouId Mr. Cooper have accepted less for his interest,
had there been no error In the keeping of the books
than what was paid hint" Would Mr. Branch have
maid Mr. Cooper $4,000 for his interest in the firm
hsd he known at the OF the mistake In the BOOKS y
ET not what sum would Mr.. Branch have paid Mr..
rooneT Tor h interest had he been aware OF the mis-
fSEe and know the true state OF the accounts =! The
iurors refused 10 look into The minds Of Mr.. Branch
Ia NJ CEoner and decide what they would have done
gnder a state OF affairs which they probably never