New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-11
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS


deserted filed that day with lawyers ana
lawyers CLERKS hurrying attend tho cali OF the ea
endars. The courtrooms had been renovated IN INC
summer vacation. All the supreme Court JUICES
except Judge Andrews were on duty and Judges
Truax OF the superior Court and Beach, Of the Com
Pleas assisted in dspOsDg Of the supreme court
work. Judge smith, vino has previously been as
signed to GuIy In this circuit, sat IN place OF LUZ
snnoror e,ty conrts wa, actively engaged The in
crease In the calendars in the supreme Court mas Dsn
especially large and In spite OF the Industry OF We
judges the work OF the court is nearly year behind
hand.
The Court Of Appeals, which met on Monday, did
not hand down among the opinions delivered ON
Tuesday any In reference TO the Tden will case Inc
decision expected by many lawyers, but the delay
does not necessarily indicate difference OF opinion
among the judges, although decisions arc metimes
postponed when dissenting opinions are to be pre-
pared. Among the cases decided several OF In
terest TO NewYork lawyers, but the full opinions have
not yet been made public in accessible form Inc
elevated railroad suits seem TO nave peen decdeI AL
note OF the Htgations in their earlier stages Inc
e @ T5 naT o 9e COURT Of The
Is now, with the assistance OF the second DIVISION, SO
n I up Win Us Work ts inc ee Ia near sg I
IL was supposed had been finally disposed Of by the
court was again before the Court OF appeals J1os
mgs to prevent the execution OF the sentence OF dea
ing last week Jury trials to establish certain facts
In the suits for damages brought against the roads can
have 10 purpose that is easily perceptble, except to
delay the proceeding and 20 weary those who believe
that they have been injured by the construction Of the
roads. The trial judges have repeatedly spoken inn
patiently Of the conduct OF the lawyers for the rail-
roads. The counsel have often compelled the repet
ton in similar suits Of exactly the same testimony Just
given in the Same courts They take appeals which
they hardly expect will be successful and endeavor
which the courts have held TO be Justly due Judges
have at times threatened To prevent the running OF
the trains unless their orders were complied w ana
a general feeling OF irppatence is manifested In the
courts which may result In the adoption Of some meas
for expediting proceedings In these cases in when
the law is now well settled by the opinions Of the
highest courts Of the STATE.
"The New-York Law Journal has given in the last
week CONSPICUOUS proof Of Its usefulness The Issue
of Monday gave up sixteen columns to the printed
calendars Of the courts for that day. The motion
calendar OF the supreme Court General Term and the
Common Pleas equity calendar for October alone ag-
gTegated nearly 800 cases. in each OF which the tue
and the names Of the lawyers were given. The record
Of court proceedings in the issues after that OF Mon
day was 50 far complete that perusal of 1t and OF
the calendars enabled lawyers having on the
calendar TO Judge OF the probability that their cases
would be reached The summaries Of the briefs before
the General Term Of the Supreme Court are sufcenty
full as n general rule, to make the points at Issue
reasonably clear In some cases the attorneys nave
apparently failed To furnish copies OF the briefs rom
which the summary could be made. The twenty 70
thirty columns of legal notices daily published In the
Iavg Journal are OF sufficient pecuniary value 10 the
nrnrietor 10 make praise for their publication
huons but even to these the members of the pro
| fesson may congratulate themselves that one copy
OF the Advertisements must be published In a single
| Journal where they can be readily found An index
| Of editorials recently printed In The Law journal
directs attention 10 tho number OF valuable articles
which are published from time to time on matters IL
! tcreSting TO lawy ers.
An editorial in "The Law Journal" last week com
mened on several recent decisions OF the highest courts
of several States condemnng the use Of Irrelevant
matter In the addresses OF counsel TO turtes The
writer Justly concludes that all the recent cases leaned
tovad confning counsel very strictly to the evidence
Several cases, notably decided not long ago II
this state have resulted In setting aside verdlcts be
cause counsel used unusual vehemence or made lnsih
uatons likely divert the jury from the consideration
OF the fact Some Of the decisions seem to hold Tho
counsel To rules so that II they were everywhere en-
forced legal oatOry before ures would be almost done
away with prosecutor blamed for saying thai
he believed a defendant guilty n lawyer who made Q
common Illustration to enforce an argument was Ell I
fised ms ae.nG tor anu remarks which the ap
pellnte courts consider Irrelevant. even when the ira
Judge has warned the Jury to dsregard tne renarh9 o.
previous generations the lawyers who we're famous f2
he eoGusncs ard their rs IS SS o least are
by facts and the eloquence on couhSei ha 3ee Az
r5ts on the side f9r which they spoke II Illustration
| appeal and deuunclaton are TO BE- forbidden trias
! Will certainly become more dreary thhh ever
The editor Of "The Albany Law JOurnal' has or
attractive II somewhat exuberant prose STYLE bu
manufactures poetry" OF an exceedingly commonplace
description. He Is consequently, in accordance with
/ common law OF nman nature fer more sensitive Il
any criticism OF his poor rhymes than to any remarks
concerning his good prose. After resentng with IN
at L iOurl nj Z
reference to his rlyming propensities he says: 81
we were 10 print our rhymes in prose FORM probably
the critic could not object. Does TIE rhyme make !
any vorseP Sometimes the rhyme probably makes
no difference When the poet-editor speaks in one o
his rhymes OF his "vncant. weary braln.' the phras
Is ms suggestive rs II 1t We're written I'm prose SOM
OF his rhymes however certainly worse than any
thing TINT Re would allow himself to do in prose. III
writes. for instance Of some fellow travellers II
Europe 1.-THE girl had hair Of Titan red, And seem
observe her head Win eaIai s a cS a dsen
blushed and thought Of course. That was LOOKING 10
horse OF white the nEhtmTs q Nt the ma Io %
Bon Marche' Some pairs Of gloves had brought away
Which were Of course SIZE zoo small Atno oa5i, inc ne
ample land With all the force at her command fron
nearly to MacS c.1 Tep o6 Europe s he had
himself TO 2rdse he would probably Rot nave Tasr
eight lines the ancient ;oe aS1nt the rec ~
lady's call
The question Of the adoption OF n new system G
transferring lard by registration may be brought be
fore the next Legislature IN this state The Torren
system as adopted In the Australian colonies has man
advocates. william D. Turner, Of Boston, in I'm
American Law Review for september-o october, II
vieus the advance OF the new system. Victoria, Ne
south Wales, South Australia, oueenland, Tasmania
View Zealand British Columbia and Manitoba hav
adopted the system. and the Land Transfer Act
England hes many features OF the registration acts
Australia. Some change IN Tue system Oh GU
veyancing will undoubtedly be necessary in the futu'
NJ rurner points out that in SufoIk County, Mass
cbusetts the records In the Registers office for las
year were nearly as volumnous for the first hundre
voars Of the system Of recording deeds and other u
struments affecting land In that country Inc e. e.