New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-05
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


- The case for the city would no doubt nave
ns.rnied a considerable time as the plainuHs e'i-
800 had extended through daily sessions LOT he"lh
month It Is probable also that the legal duesuohs
hcb were practically decisive Of the case coulu DC
- we'll settled BY appeal from Judge lngrahanis ue'
ton As II the case had finally gone 10 me Jury gu
esom after the presentation Of the evidence on
IT,, sises The contracts and the laws under WIIch
they Se'e The higher conrts have usually been lib
81 In authorizing payment for work done ~ ~ ~
tractors for municipal corpora'os S have arisen
~ which the contractors have been so strGty Dy t
and the liability OF ne city naS peea ration can
sl be told after il has gone . the highest @ ~
cOu in the state anGI one JTSis torssfier the city
has had opportunity to present oeien'e 'S ~ '
acts
The small attendance at the somewhat wearisome
ossous Of the court in which the Aqueduct case was
,ed are another Illustration Of the fact mat the most
important cases in which lawyers OF reno"h APPEAR
are frequently disposed of in the presence OF ie"
snoc+ators The leaders Of the bar argue before inc
1nitea States supreme Court the Court OF Appears
on the questions involving millions OF collars anu
sreouenty no one but the judges court attendants anu
LAWYERS in the ease know anything about II lu' OO'
read Of it in the papers Of the next DAY Inc
-, ars sometimes OF technical points. but are oi{eh
Illustrated by wit and elaGUence which at other ptes
tl attract large crowds. If free address pE
roseph H. ChOate announced 70 take pace az
S,ooor r-nion the han would no doubt be crowded 5y
N,Fos~s ready 10 be charmed by his eloquence gulhe
m for one or two DAYS before Judge and Igry
nd the row of empty benches VIII snow Ihal - ~
Su D have taken the trouble 10 attend the court
Po',n +o hear him The regular court visitors who
lind mysterious pleasure in listening 10 an Ur +be
cases were also occupied eiNT%nce c.'" standfng
corridors or s eToTySns pu Ri2 ' IN TRc6
Frenchy7 on trial Tor muIuer'
TN. ir+oree+ excited iD the trial Of the who is
lod4 hf FMS cat N
tho evidence given by the experts marked an advance
IN tho claims al lesst if not the proofs OF SCIENTIFIC
Investigators Blood stains and even the scrapngs
Of Gnger nails have been the subject OF examination
and explanation by many scientific witnesses IN oner
.ases but the amount OF care and minute reseaI'"
bo,vn in the most recent murder trial marked step
~ medical Jurisprudence The result may afford some
Indication OF the weight which Jurors give to such
ecdeDce Most Of the spectators, however, were not
N ropch interested in the testimony Of the professors
. in watching the demeanOr of the prisoner ana I'D
listening expectantly for new ghasuy revelation
a. n tie crime. If the spectators had bat known
!. tbov were almost a. interesting a sight as the
a. ,t ~ some we're members of the House OF
loris . name given 10 the group OF crnks VINO
LoIi''-lr dttqnd Inc General sessions at the
!st cas- Lavinr no apparent interest 70 any we'll
-e~l,Iated mind some OF the spectators were Ola
~ with impassive faces, many-toO many--were
mn ~ 'berrrS hovhOol some leaned forward with
an a Ger desire 10 hear every word Of the testimony
few having secured easy positions closed tler ey es'
Ileti S, snmetbips which seemed 10 them humorous
and wien it came nud-ed their neghoors ana illGT
the Recorders court II altogether a strange
LS ,, -at bered to1e her to hear a revolving story
in Which the lowest Of dissOute women ana a nan
savage tramp the principal personages'
1obD HeinzemaD who has Just surrendered him
self to answer TO a charge OF practising law without
having been admitted To the bar had shown greater
knowledge Of law than some Of the practitioners al inc
poce courts and General sessions. lie was HVlIe
known in the Civil Courts. Without possessing much
edueafjon or great ability he could try an Ordinary
criminal case sufficiently well to insure fair showing
tor his clients His is peculiar one in that ne
aid moi simply appear casually occasionally a law
clerks and others who have not been admitted to the
bar have frequently done but regularly signed himself
A. an attorney, and held himself out as such Ihe
latest murder cases ~ when ne appeared a. a'tornGH
ye~e nrolablv a. well defended a. some OF thH IN
which regular practitioners appeared lie VII pFooaoY
not be severely dealt with rs the punishment i2r
seems "a he no purpose 10 accumulate large nunoef
OF charges against NM. No one seems 70 nav Oel
mitted 10 The bar before practising, and his offence
though Cave one is not a harmful u me lesaI pro
fessOn as the crimes occasionally but not frequently,
committed DIV those Who have been admitted 70 the
bar.
The more serious charges Of violation Of duty which
are made AGAINST lawyers usually involve some fraud
on their client. but bold a scheme as that OF
Massachusetts, lawyer recently convicted Is not Often
tried Denis II. Lauuan. the lawyer referred 10, was
employed BIZ J. 4. feeling 10 ascertain the price OF
some land He found that IL could be purchased for
si25 but he told his client that the lowest price was
S325. Mr. Telling agreed 10 the price and he, with
the lawyer and the agent for the property met 10 pass
the title. Telling counted out 1925 on the table and
passed il over 70 his lawyer, who took il from the
liable and requested the agent into the next room
lie then paid the agent the 1928 commanded and kept
The rest lie was accused Of larceny and attempted to
defend himself the ground that $40 Of the amount ne
had appropriated belonged him fee and that ne
had simply not yet separated II from the amount due
his client. The court was not deceived by his argu-
meu and he convicted and the conviction was up
held By the highest Massachusetts, court. The reports
10 not give the particulars Of the sleightofhand per
0rnance he must have gone through with 10 deceive
any Jue By such a trick. Georgia lawyer com
med more ordinary fraud, according 20 the evidence
testified that after sic was married TO her present
husband she desired . cowPr"mlsT Two lno.-
thev could be bought for less than c2oO ana ne col
suited lawyer in reference T. the affair The lawyer
and bo1rFt mt; the Gains himself lie then demanded
$3.50 and when ~ did not receive II made various
held hat nD6er ne circumstances testified 10 by the
woman ard her husband the lawyer coud be compelled
amount for which he bought them Co3sldenns, = "
ever the large Interests I'm their hands, the law reports
have few instances o. dishonesty by attorneys
decision Of tie irish Queens Bench as 10 whether
railway company be held responsible iOr IL
iures T. an unborn child. whose mother was paS'eh-
ger is causing discussion In England. \ sult was
begun behalf Of a child, who, it was alleged was
permanently injured in accident 10 train on winch
her mother was travelling just before the birth OF the
child Although for purposes Of Inheritance an IN
born child has been considered beng alive the lfi'
ourt refused 20 allow the recovery Of damages, on the
ground that the Of the chlds sickness was TOO
uncertain Justice O'Bren made sOmc amusing com
ments on tie case, referring especially 70 the sur
Prise With which the carrier would learn That
Willie ne was paid for carrying one passen-
ger, be carrying TWO. or, possibly, three. lie
finished his opinion By saying: in law, IN pa-
son, IN tie common language Of manldnd, in the
dspena tiOus Of nature III the bond Of physical union
dle the Instinct Of duty and sOcitude, which the
continuance 0f the world depends, woman Is the
common carrier Of her unborn child, and not
railway COMPANY a decision given IN TcXaa
Court recently also discussed the rights Of tie I'M
born child. In that the father Of the posthumOus