New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-09-13
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

.oning a legal education Inc NeW-lofK Law oCnVVi
will hold its first session with the late associates of Pro
,essor Dwight in charge. The Metropolis Law School,
Amer c. Thomas's successful experiment, Will give
evening law Instruction Columbia Law School viii test
the popularity Of its new faculty and new system
Of teaching and the University Law school Will man
tain the reputation ii has won In Its existence OF
third Of century. For those law students who have
MT had a college education special school offers
nreparation for passing the Regents examination
necessary before q certificate can be obtained Law
schools are open mornings, afternoons and evenings,
and the expense OF the education is slight, so that
few would be lawyers have excuse for negecng the
advantages which these schools offer preparation
in the isw-onice alone The number Of weleducated
lawyers Is increasing yearly, and the fact so many
iS proof that students desire TO secure not only a
technical knowledge of practice. but a thorough &C
Quaintance with the principles OF the law.
The Hopkinssearles will may be settled out
Of court but II 1t is not, interesting questions to
the mental capacity Of persons who allow themselves
TO be directed by spiritual mediums may arise The
courts have usually upheld wills when the testators
showed good judgment in dealing with business af-
fairs, unless there has been some great injustice In
the disposition of the estate. Wills made by believers
in spirituahsm have been sustained by tho courts,
but the questions Of mental capacity and undue In
fuence dependent for their settlements on the
peculiar facts of each that predictions as to the
result Of any particular will contest are uncertain
Among recent decisions on these SUBJECTS are phOse
holding that undue influence was shown when 1t was
proved that had repeatedly made false accusa-
tons against his sister IN such that his father
heard and believed them; but there was no undue
influence where a son supervised the preparation OF
will, TO the exclusion of the testators wife ana
daughter, with whom he had had some misunderstood
40 make viii which was finally executed just before
the testatOr's death and when he had shown signs Oh
hut where the influence of the priest was less direct
the will was sustained.
The death Of United States Circuit Judge Lorenzo
SAWYER of California the second OF the three
Federal Judges Of unusual independence and ability
whom New-York has furnished to California Judge
Ogden Hoffman who recently died. was member OF
the wclLknown New-Yorh family, Judge Sawyer was
born I'm this State and Justice stephen j. Field, OF
the United States Supreme Court though not natVe
Of New-York practised law In this State before ne
sought adventure and fame in the gold-felds of the
Pacific slope. All Of these Judges had marked fear
lessness and originality, and Judge Sawyer whose
death was reported last week. frequently criticised
by the less thoughtful residents Of his State for his
decisions in cases involving the rights OF the Chinese
Some Of the California legislation against the Chinese
ten years ago was so stringent almost TO prevent
the immigrants of that race from carrying on any
business in which they could make living. They
we're forbidden fish in the waters of the State their
laundry business heavily taxed and other enact
ments aimed especially against them were adopted
Cases involving the rights Of the Chinese were
brought before Judge Sawyer and in spite Of the in
tens css re udce he upheld the rights of the mem
bers OF that race TO pursue their avocations without
interference from legislation which deprived them OF
rights guaranteed under later announcements 70 Gs Oo
sttution. Judge sawyer's action In the HuEsharOn
case also brought him into prominent notice among
the interested Callfornlans. IN spite Oh Occasionai
criticisms. his integrity and fearesSness were re
speeted and the Supreme Court usually sustained MS
decisions.
Irving Browne, of The Albany Law Journal" has
oil cha ND
hasa rod in pickle foi his Substitute editor" The
editor whom he left in charge when he went TO
Europe has been buslly writing editorials full OF good
natured banter Of Mr. Browne, TO whom he refers as
sable Editor" "Great Mind" "censor morum,'
spiritual guide and mentor" and other equally
tanscendent personalities. In his last "leader" the
temporary editor says Of Mr. Browne ait IS high
time that he were back in the midst Of his people
No longer will the reader these pages in vain
for gittering paTadoxes the burning topics OF cod
ifcation, wfe-beatng and the Harvard System The
fires on those affairs will be lighted again, and the
fcrvor of them will melt all opposition. No longer
with the legal Pegasus be made to do hack work and
limp the barren subjects of holiday tour but he
WILL Of old. beat out the rhythmic measures of case
law And If, perehance, we seem to detect In his
words the dOgnatc tone of sir oracle or an accent OF
pride such as heSeems the mighty Of the EARTH or
that cOncet OF wisdom which comes OF travel and over
much learningwho we that we should lift up our
faces and cIitiCsc him 1t Is better TO be door
mat In the sanctum of the Great Mind than to dwell
this parng shot the tracherous substitute away
to New Brunswick and leaves the Able Editor return
OF the neAt number with further European travelling
fatal inability to stick to prose- Mr. Browne had
Written from Europe . observe my deputys gibes at
doubtless preparing the most concentrated gall in
which to dip his pen preparatory to writing his opinion
OF ms abon & noo 1 fnio a vi tSrs ne c ~
pletely and at once annihilate him.
One of the expressions used by J. F. Baker Of
this city. in a recent sketch of T. Brady has
caused considerable comment by correspondents Of
legal journals. Mr.. Baker told an old story about
Mr. Brady. dog barked while the orator was
talking to a jury and Mr. Brady made an apt quota
lion which Mr. Baker suggests avon the case" Esek
Cowen in a letter TO " The Albany Law Journal in.
quired whether 1t not possible that the facts in
the had something to do with the ury's verdict
whether the really won by a ready
quotation. Mr. Baker replies that another author
had attributed the verdict to the same cause. third
correspondent quotes another phrase Of a writer Of
legal reminiscence, who says of John Van Buren,, IN
the famous Forrest divorce case that "being opposed
by Charles OCOnOr, he was OF course defeated; as
though amount Of evidence against him could have
prevented Mr.. OConOr from winning a Those
of the etter-wTters who believe that Jures arc not
usually won by single bright remark a fight Of
cloquence are probably correct. The letters drawn
out by tho sketch Of Mr.. Brady contain pleasant
"reminiscences Of the distinguished lawyer which show
u no" EI.dt cegfee he won the liking and admf
t0n OF those who listened TO him IN the days of his
leadership at the bar.
The editor OF % The New-YOrI Law Journal" IS among
sthose who approve the suggestion made in a committee
report Of the American Bar Association that three
fourths Instead Of unanimous verdict Of jury shall
decide civil cases. The arguments in 1.-THE Law
Journal are rs strong any which have been made
On that side Of the controversy. The great hope OF
oounSe on the wrong side of is. it is said to
'aP'ie one or two turymen OF not quite normal con
suuiuon or peculiarly open TO sentimental consldera-
tohs OF some sort and arully play on such eccentrc
ucs' OUTSIDE Of the question Of jury-fxing-whch
oud DC rendered almost impossible with the proposed
change IN the Jury aws-it Is urged that there are
many men Who are constitutonaily in a minority of
O"o anu tAit the influence OF such peculiar persons
"ou'u oe greatly essened II unanimous verdict were
not required The objection to the change which was
most strongly urged at the Bar Association meeting