New-York tribune., 1891-05-24
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

Presiding Justice Van Brunt, of the Supreme Court,
- had full measure of Interest attaching TO his
,,aeal acts for the last week or ten days. OF tho
,-Ce number of General Term decisions handed down
. tsx days ago twenty were accompanied by opinions
=, tne Presiding Justice. The demurrer urged with
eh earnestness by the counsel for the New York and
x.ufayen directors had 10 be considered and Judge
Van BrQnts long opinion showed q careful cOnsdera-
"a, of the somewhat Intricate questions involved.
The opinion, while against the arguments Of the
a,rectors' counsel places the DistrctAtorney the
.rsssitv of showing personal participation in the
arts complained Of which may not be easy. Tho
dsmurrer TO tho indictment Of Alderman Charles Smith
Cor alleged bribery also before the Presiding Justice
The demurrer sustained because the Legislature
had passed act which practically superseded the
law under which Smith was indicted without providing
for the continuation OF proceedings begun under the
earlier act. less difficult problem to decide as
10 the dismissal Of the last remaining indictments
AGAINST tne boodleS Aldermen of 1884 and tho men
charged with paying bribes to them In addition to
these duties, which required much labor ont OF court
Judge Van Brunt has presided at murder trial closely
contested by the counsel The trial called not only Tor
close attention of mind but had features which could
not but excite sympathy. Altogether the lot OF the
Presiding Justice for the last week would not have peeh
a happy one TO a less industrious Judge
Governor HIPS pardon last week Of convict on the
condition that he abstain from The use of intoxicating
Bouors for five years calls attention to provision o
law which is not very frequently brought into hoce'
The Governor usually grants a pardon or commu'es
sentence without attaching any condition TO te acV
of cemency but he has a right to make the paruoh
Conditional Many years ago the question arose as 10
the right of the Governor TO grant pardon on conoi
tion that the prisoner leave the State and Juoge
Fdmonds one Of the most distinguished OF the luriss
~ the last generation, wrote learned opinion sup
norinc the Governors right. The prisoner IN that
case refused TO carry out the condition and was re-
fhp oGf
Of his sentence. Governor Hill, by limiting the forced
abstinence from liquor to period Of five years, has
avoided the difficulty in a recent Ohio case In which
a pnsoDer who serving a long term OF lmprisoh-
ment was pardoned condition that he should not
use intoxicating liquors. Many years later ana ater
The time when his original sentence would have OK
pred by limitation he ~went on spree" and was ar
rested The higher courts decided that he could not
be compelled to further term of imprisonment
under the original sentence. The condition was IN
definite as TO time, and the judges held that It could
not reasonably be held to be binding longer than the
term of Imprisonment would have lasted If no pardon
had been issued.
The trial OF the Davis will case. which began in
Montana last week. is Interesting to New-lork law
yers not only because Of the sensational nature OF the
Allegations made but also because Henry ~ Root VINO
praosed in this city, is of the expectant heirs ana
Robert O. lngeIsol and other members Of the New
York bar are engaged as counsel. A. j. Davis left
estate of from So, 100000 TO $600000O. 1t was sup
posed that he had children, but alleged iegiti
mate one has been found and is fighting foC share in
the estate. John a. Davis and Erwin Davis the
brothers Of the dead millionaire, had, it was charged
taken control Of the property Immediately after his
death. Ii is now charged that viii favorable to
John A. Davis which was discovered several months
after the death Of A. ]. Davis is forgery nephew
of the dead man also lays claim to several hundred
thousand dollars Of bank stock which he says his uncle
gaze 10 him before DEATH although it was not trans
ferred upon the books Of the bank. Henry A. Root is
nephew, and has led in the fight against the Davis
brothers control of the estate. The local feel
ing in Butte City, where the trial takes place. is on the
side Of the Davis brothers, who live there, and an
attempt was made by the contestants to secure
change of venue. The motion was denied, and the
trial, which will have mahy sensational features, is
now in progress.
The Columbia College law students remain dissatis
fed with the changes announced 10 take place at the