New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-18
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.


with startling suddcnness last week. one Of The
most popular members of the city judiciary. lie had
been for many years prominent In the Manhattan
Club and as he bachelor and had social tastes
his acquaintance among lawyers and club members
was large. He appeared considerably younger than
he was, and few suspected that there was any such
physical weakness that which prevented his re-
covcry from mis- sudden attack. Older members of
the profession remembered him principally as an ex-
amner I'm bankruptcy under the National Bankruptcy
law Ills service IN at eapai nSge was Sss S Ssh anu a
though his ability was not eonsidered as great a.
Ne w q. @ OF se and Of the
bar win eaty regret Their sad occurrence wsn re-
appointed by the Governor, and win hold Office for
over year.
The nominations for judicial ofhces In this city have
all been made, and as TO most of them lawyers and
other citizens have cause for consratulaton that inc
nominees are such safely be entrusted with the
duties Of the Offices which they seek Tammany Hall mas
rcnoninated all Of the present judges and most OF
the nominees the other tickets have regulations
as able practising lawyers. There is among lawyers
certain independence in voting for candidates for
judicial Offices which makes it difficult to ascertain
party strength at election where judEes alone are
chosen. The contest for the local udgeshps has thus
far been carried without partisan warmth except
in the Annexed District where Civil Dstrict Juoge
& &c for Sy the PurTo and The Hentz sdherens
partly on political grounds
The decisions in the Court of Appeals last week
were In cases in which there little public interest
One decision affrms another judgment against the
elevated roads. The constant decisions against the
roads do not seem to lessen the n1mbcr Of appeals
taken by the counsel for the companies. One reason
for the policies of the elevated Ioilroad companies
seems to that the expenditure of money in payment
OF damages TO property be spread over as
long space CT time possible that the money may
be taken from the yearly receipts instead Of from some
edition to the standing debt Another reason is, OF
course to discourage as much as possible the bringing
Of suits The result of the policy of delay has been
that many persons who really suffered injury through
The building of the roads have prevented from OBJ
tainng speedy compensation while large bills of costs
and4,teieSt have been collected from the companies.
Of All real points at issue between the companies and
the propertyowners that the continued DELAYS become
and Judges have however thus far been vain in &C
celebrating the disposition Of these suits.
In West Virginia murder the Supreme Court
Of Appeals has recently approved the admission IN
evidence against a prisoner Of certain EXPLANATIONS
which she made in the middle Of the night ana ap-
parently while asleep. The woman, Mary Jane Morgan
accused of the murder Of her husband oy eiuihg
in a conspiracy TO kill him. There was some evidence
that she had prepared poison which was to have been
given TO him II the other conspirators had not sue
reeded in shooting him. Some time after the murder
young who sleeping with Mrs. Morgan
heard her, about IL or O'Clock at night e1oia'm
"They have devlled me much about this that
don't care how il goes only consented to his death,
and gave him the poison" Tne appellate court SAID
that there was no evidence to whether the prisoner
was not asleep when the exclamation was
made. The Court said that the action OF the trial Judge
In allowing the evidence to 60 to the Jury, to have
such weight as they thought proper, was correct
in the only other American case apparently in which
the question arisen the California courts held that
While asleep Ss for the Obvious that he not
icons sS 81 down. 1f the wt text books and has apparently
never before been to s q9e nTy mf e We
Virginia Court said that it was possible that instead Of
being made in sleep and therefore worthless the ex-
SeaseSce % nj S nG %as9 from sfR Which
heavy the SOUL and broke forth to voice ana Ups,
The which 4 t@Iy awake ,12y she 9s
saw whether she fully awake and forgot herself,
and in this s0liloQuy spoke out the truth"
Judge Brannon, who delivers the opinion Of the
supreme Court Of Appeals in the West Virginia murder
case laws down some rules for the guidance of ap-
pellate courts which If they were adopted in other
states would lessen the number OF reversals in crlni
nal cases. "The jury" he says, are peculiarly the
triers OF facts under system. The circuit judge
and the jury and hear the witnesses, their words
their deeanor their counenances, the true and actual
features Of the case while see only the evidence on
paper and are at this distance much less competent
to weigh evidence Why have jury and circuit Judge,
thirteen In number, If their verdicts are to be
reversed by four appellate Judges because they
happen to think their decisions erroneous
on the evidence? criminal case in
Circuit Court and in this court on an overrued motion
for new trial occupies a vastly different place
might almost say that in the Circuit Court the gues-
ton is whether the prisoner is guilty beyond reason
able doubt, whereas, after verdict of guilty and its
qprseS an S the e question here is Whether appears
that he is innocent l thnk that an appellate court
enters on dnge0 UT66 Tn ~ 6 s te
weighing evidence. l think that when there is some
evidence to sustain verdict it is dangerous to over
throw it,
The late Lorenzo Sawyer, the United States Circuit
Judge in California Of the last decisions handed
down before his DEATH points out Of the omissions
or imperfecons in the statute providing for the new
United States Circuit Court of Appeals. He decided
that a criminal In which an appeal was taken
could not be sent TO the court The appeal must
be directly TO the Supreme Court when the conviction
Is for capital otherwise infamous crime" An
Infamous crlme' has been defined by the United
States Supreme Court one punishable
by Imprisonment in a State Prison or peni-
Tertiary. with without hard labor Judge Saw
yer says Section Of the new act gives the great
mass Of the extensive criminal appellate jurisdiction
throughout the United States TO the Supreme Court
direct This win certainly largely increase its turis
Of 1870 there appeal in criminal cases excep
on certificate Of opposition Of opinion Yet The eoun-
try got along very well for century under that sys
TEN. Under the newly adopted system, since it costs
the %a Party s tn bdR e G and often
appointing counsel for the impecun0s, convict is
-likeH 10 be hanged find his into the peniten
tary until gets at the end Of the law at Washington
VITA The large extension Of the right OF appeal in both
tt2lI aud criminal cases. ii evident that the
judicial force of the National courts win have to be
still further largely increased"
The Supreme Judicial Court Of Massachusetts, has
recently decided two peculiar cases. One was
suit TO recover damages from coal dealer for the
breaking of a pane OF plate-gdss. man named
MeCuiock unoaded the coal and broke the glass. He
was not employed directly by the dealer, but the latter
sferward ratified his acts and accepted his service
r,ohablv nv paving him. The cost Of the glass