New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-18
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


Of the court met on Wednesday and adjourned until
next Thursday when decisions will be rendered all
the remaining assigned to that branch OF the
court The Second Division will doubtless continue
in existence a, the First Division cannot dispose Of all
the appeals without involving great delays Decisions
were rendered by each division of the court In
number Of important The reversal Of the con-
victon of sheriff James A. Flack and his son excited
| the greatest comment. Justice Andrews has had
| reputation for carefiness in the preparation OK MS
| opinions aud II is difficult to understand how ne
| could have been led into the misunderstanding OF
Judge Barrett's language which has been commented
upon in The Tribune and other journals. Judge
Parretts use Of language Is remarkably precise ana MS
charges 10 iures are models Of cxacness. In speaking
10 the Jurors in the Flack he pointed out the
distinction between the description Of the decree IL
self as fraudulent and any characterization OF the acts
OF the defendants 4 decree fraudulent in law might
have been obtained by acts not criminal and decision
as 10 the nature Of the acts left TO the jury
iurv instructed By Judge Barrett could not have mis-
| nndcrsood the meaning Of his expressions. The fall
official report OF the Court OF Appeals opinion NAV
disclose some new features but rs the matter STANDS
the apparent mlsapprehension may lie placed beside
that Of the learned Judge OF the court VINO quoted
A. law provision which had been repealed or amended
| by later legislation. proof that even the mos'
| eminent juriSt may occasionally err.
Among the other important decisions rendered by
cases in which the convictions affirmed, and in
several elevated railway cases. decision adds
10 the long litigation the Jumel estate, ana
Kings County gains suit I'm which the state OF New
York endeayOrcd to recover amount alleged To be
due as interest state taxes. The second DIVISION
decided against Alice OKcec who, as Alice Winans,
sought to establish by divorce suit her claim that
she had been the lawful wife Of Ross r. Winans, the
baltimore millionaire. The work of both divisions
shows continued industry in the work OF dlSpOslhg
OF the large number Of appeals
An interview with " c. Moal. Of Albany, and the
comment, of tho editor OF "The Law Journal put In
effective shape Of the objections to the results
reached by the commissioners appointed to revise INC
judiciary article of the state Constitution Tie main
criticism presented 4, that the proposed changes VIII
not aid in the more rapid disposal of cases on appeal
but are intended simply 10 prevent appeals Inc
limiting of the right Of appeal, the attempt at adding
N the dignity of the General Terms and other pro
visions will the commissioners believe lessen the
number Of TO be passed upon by the highest court
The reform most urgently demanded however, seems
to he i'm the OF direction Of insnrng prompt
action upon appeals, even If they continue 10 DC as
numerous or become more numerous than they are
under the present system. The continuation OF
second division Of the is criticised with especial
severity The plan of increasing the number OF judges
Of the Court OF Appeals. even If that method should
in some measure decrease the influence OF the III
dvidual Judges now members Of the court, has many
advocates ard the contest between those who believe
In the enlargement Of the court and those WHO would
restrict the right Of appeal will be earnestly kept up
4 sketch Of benjamin Vaughan Abbott !, the opening
article in the January "Grcen Bag" and though an
Inadequate tribute to the well known lawyer and writer
ON legal subjects, it is rendered valuable by LIE
like portrait Of Mr.. Abbott. The article which makes
the periodical valuable this month is welll!lus'Ited
description Of the Colonial period in the hsto OF the
supreme Court of Pennsylvania. The portraits OF
william Penn and Of of the judges and Attorney
Generals Colonial times are of especial interest
/ the other articles are light and some of them are
entertaining Others are hardly worth the amount OF
SPACE given to them. The price Of single numbers oil
the magazine. already high enough las been increased
The annual meeting of the Bar Association on Tues
day evening resulted In the reelection of Frederic X
Coudcrt a, pre- dcnt. Among the vice presidents ana
members Of the executive committee CHOSEN are lheo
dor, w. Dwight. Wager Swayne. stephen y. walker
/ william Z. Dixon. John VI. lowers, Joseph Larolue
and George l. Kivcs The suggestion was approved AZ
the meeting that the examinations for admission 10 the
lac lac made uniform throughout the State. The eX-
animation, in some Of the Judicial districts under the
urr~rut system are entirely insufficient to test inc
uu idcatiols of the applicants In other districts inc
examiner, Use in questioning the candidates, ana
il not nfrcGucntly happens that student VINO j. ara"
that H., Will be unable 10 show sufficient hn0wl dye
| of
another judicial district in order thai he may - before
., l.c,,roi, aur,t.OnrIs. Admission 10 the bar Is
easy enough al the best and the profession l. over
4 crowded. 80 that more careful examination oil tho
candidate, might well be insisted upon. TIC eN-
amnpr- Should also be careful a, To good ,Pute u
/ the Applicant.
one Of tAc many law journals from foreign countries
vh.ch reach the Law Institute Library Of tins city Is
The Cape Law Journal from the Cape Of Good Hope
,,f H. ,uflffl fed a
to man, Of the American law magazines "A kair
/ I'm the witness LOA." writer says, is often
surprise to those who know little or nothing OF the
| traditions OF the kdir race. The ease with Whl'h
the ordinary native parrcs The most drAteiou' cross
| examination, the skill with which h. cAtrcates HIM
self from the consequence, Of an unfortunate answer
and above ALL the ready and staggering plauebllity
If his ordinations have often struck those who come
I'm contact with him in the law courts In another
| number If The journal some instances OF naive
| tri,L, are related AT Umtata, Tcmbuluand,'
The Journal says Of two native prisoners VINO
were Jointly indicted for theft presented an
extraordinary Appearance by wearing spectaclcs Of
bright blue glass lie pleaded not guilty, adding that
he wa, blind and how could blind man see 10 steal
Durur the trill the Judge remarked that the PRISONERS
,pectaclc- We're far down on his nose that III a't
ne looked over them. When invited to give evidence
I'm his own behalf. the prisoner walked unaded from
the dock to the wtnes,bOX. apparently unconscious Oh
any affection lie was convicted. In another case a
pondo wa indicted for having attempted 10 steal horses
# WAS proved that he found within our borders
living on his back watching horSS but no
witness could prove any further overt act Ihc
INDIE suggested that il no crime for man to nc
ON his back watching horses although no doubt he was
,bipltn, all the time no, nice IL would be TO steal
them
The selection of Congressman !. IL. Mccarthy as
Iud,, of the civ Court expected since he be-
came the Tammany candidate for the appointment.
lie enjoys great popularity the Fast side ana mas
rcput,tion a. a sincere friend and careful attorney
lIe was more respected civa justice thah some Oh
his associates and his elevation to the CITY court pco
wa. popnlar among the attorneys who had pracuSeu
,.f,r, him IL Is not saving great deal on his be-
half TO assert that the city Court bench VIII be Inc