New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-22
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS


for NewYork lawyers has been limited almost entirely
to the trial and equity terms. J. C. Carter has made
notable argument before the United states supreme
Court In the lottery The questions and CON-
mens OF the justices indicated close attention TO MS
elaborate argument against the validity OF the Federal
legislation excluding lottery advertisements from the
mails. United states Attorney General Miller paid
pleasing compliment to Mr. Carter's ability though lie
ROY against hf r., sy ss Of e the Au week
have attracted attention and some OF the criminal tras
nave S epp ,M S n to se bce @
onS settled by ruins that dsitnaan on S Woman w
aerWsrd ap paced on ra on more serious
charge OF violence toward her when the TWO charges
related entirely to the same transaction.
Appellate Courts do not always agree with each other
and confusion may sometimes result The General
Term OF the Supreme Court recently ordered new
trial of a criminal case because Judge Cowing tod
the jury in substance that the testimony of experts
had been received. but it was, he believed, the
general experience that experts could be hired on either
side to support any view. The General Term Thought
that this remark might have prejudiced the jury
though none OF the judges expressed doubt OF its
truthfuness The Court Of Appeals has since given ts
views To experts and II is at least as harsh as
Judge CowIngs Judge Peckham In one OF the
recent elevated railroad remarks in speaking OF
an opinion as to what the value Of land might have
been under other circumstances II Is none the less
conjecture and speculation because the expert IS
willing TO to his opinion. lie comes on the
stand TO in favor Of the party calling him and,
it may be said he always iustifes by his work the
faith that has been placed in him. The rules in
criminal and civil not exactly the same, and
the Court of Appeals might have spoken differently in
criminal The fact remains, however, that ex-
pert testimony is rather at discount at present In
many courts
The Court of Appeals in It's opinion in the case of
Martin D. Lappy again crtclses severely the law under
which all the expenses Of an appeal from CONVICTION
In capital are borne by the county. The law
has certainly had the effect Of enabling lawyers who
would otherwise have appeared In the Court
of Appeals to exploit their names on the covers OF
appeal books and in the Official reports 1t Is doubt
less exasperating to the judges Of the dgnied Ap
pellate Court TO have lawyers who are unable or I'M
willing TO any interesting legal questions bring
appeals to the court and metaphorically throwing
the appeal books the table before the judges say
"TheFe Is q murder See IL you cannot find some
flaw in it," In of the cases no exceptions have
been taken and in others only trivial questions have
been raised. The Court Of Appeals Judges naturally
appeals They however, do not appear TO realize the
delicate position in which counsel are sometimes placed
a lawyer whose client has been convicted OF murder
in the first degree always feels that as human
life is at stake he has no right to neglect single
law has made his way of appeal easy, ana he feels
that ne cannot fairly allow his client TO be put to
he were to allow tie execution of the death sentence
to take place without calling on the Appellate Court
T e r his %et No lawyer has yet
been found brave enough thus 10 prevent delay In his
Of The trial judges also desire to have their rulings
and the evidence reviewed IL there Is any possibility
that has been committed In capital case
Most of the large law schools lave magazines or
reviews conducted by the students or alumni and the
New York Law School which with its first term has
sprung sudden prosperity, is no exception to the
NJ, ic oI;r1 . Tnn (Ounep
1t is rather lighter in tone than many law-school pub
lcations the contributed articles being short ana many
of the selections popular rather than technical Pro
fesso Chase the dean OF the school, explains the
plans Of Its founders, John F. Baker makes plea for
the retention Of the Jury system, and s F. Kneeland
The Columbia Law Tines published mt the Columbia
Law school contains some e.says BY students, and
to read In the list Of textbooks in the reformed Co
nnG ssvea Of Mye FEDERAL De
csons. work Of 10000 pages, has not usually been
considered Just the book OF instruction for law stu
dents, whose mental digestion usually requires less
mixed diet.
The supreme Court OF Arkansas has recently decided
that juror competent TO serve, although he left
his associates to 81 In pursuit OF the prisoner The
accused man on trial for murder in the first de-
gree. lie seated by an open window while tesu-
flying In his own behalf. Just as the court was about
to adjourn the defendant jumped through the open
window and underworld To escape. one OF the Jurors
Joined the crowd Of pursuers: The defendant was
quickly captured, and the trial was resumed me
had not discussed the and I've was allowed to re-
main as juror Probably there was no Sood cause for
disquallfyng him. but would lie difficult for Juror
who out Of breath from running after desperate
prisoner calmly to weigh the evidence given in support
Of bis innocence.
One phase Of lovers quarrel which has been sew
cra times before the courts recently passed upon
BY the Supreme Court Of Vermont. Lizzie J. Curre
andI NJ ind enCa ped
to be married, but Richardson PRAYED unfaithful AMI
the young woman sued him for breach Of promise OF
marriage. sympathetic jury awarded damages for
the wrong done 10 The young woman. Richardson II
appeared not content with breaking his VOWS, told
era persons Oh different occasions that Miss Cuuie
stole from him divers sheets and handkerchief The
young woman promptly began another suit against him
to damages for the slandcrous statements. To
prove her she showed on the trial that, after the
alleged taking OF the tf1ng articles Richardson called
her frequently made presents TO her. and finally
promised TO mary her Proof q the judgment IN the
awarded damage. 10 the plaintiff. on the ground that
man would probably not engage himself 10 marry one
whom lie believed Ia lie thief The supreme Court
has now reversed this Judgment because Of errors com
mtted OH the trial and the grievances Of the young
woman may again be heard by Vermont jury.
Several other SANDER and libel cases have recently
been decided by the highest courts of various States
One in Michigan brought By an indignant lawyer
who defending an agent Of reaping company
from accusation OF embezzlng 500 from tie
pany The president OF the company cross-cx-
amIned by the lawyer. And between certain questions
the witness holly exclaimed You are the dirty sewer
through which all the Sums Of this ENLIGHTENMENT have
flowed and if that $50 had been turned to you
or your client the company would never have 20
cents Of it, The lawyer naturally objected to such
unpleasant statements ard although ije trial court
thought That they not actlonable The Supreme
Court has decided otherwise Another suit brought
| founded on the picturesque style in which Western
Journalism delights 10 carry It's controversies.
| local newspaper Michigan town published several
articles about a supervisor Of the poor named Ortiz
] and IN one OF them said that at a meeting OF the
| Board Of supervisors If the members aGvo
| Gated summary disposal Of The services of Ortiz in
telling language among them being scot: Buell., who
most emphatlcaily stated that 0rIh liar. thief