New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-29
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

other reasons for overturnlng A Judgment and then
suddenly enunciang some unexpected principle OF law
with vigor which takes the ltgants BY surprise
one Of the decisions given just before the Court TOOK
its Easter is of the UNEXPECTEDLY vigorous KIND
Lawyers IN this state have always had the greatest
freedom in appealing TO Jurors. judges usually warn
the jurors that they arc not 10 regard tie addresses VI
counsel except they borne out by the evidence
and eloquencc in appeal and denunclation have not
nearly so much weight they had a few generations
ago Counsel have gone their way scarcely checked
by trial judges appellate tribunals except in crim
nal cases and the decision in the case Of Patrick
Williams executor against the Brooklyn Elevated Kali
road is somewhat Of surprise 10 the members OF t'c
profession. The eminent and eloquent lawyer Who
summed up the for the plaintiff on the tral ndu
from newspaper clipping an account when ,d ms hc
desired 70 make. The practice OF illustrating ai.n
mentS in that way has not been uncommon, anu cIc
Court OF Appeals has apparently not hcfctovlt srNc'
criticised the custom as the only ,Ncs cd III supp
Of their recent decision Nelo ron di'ti' CO
whose courts have mol reputation aooVc te H.
Of the highest appellate court, u the stale,' IDM
far the freedom Of Illustration afgunent ana appear
viii be hereafter restricted by tidl courts -
ton which only be determined by, eAieileloc.
If The recent decision shall greatly limit the eiDIueec
of lawyers In their dcnuncidtion OF aPpaIcnI "'Vt IL,
their appeals for protection for their clients ana ttr
warnings against the Welding 10y jurors 10 inc IN
nucnces Of wealth power, it Will certainly lessen 'ne
interesting features Of great trial.. whether noeS or
does not result in making Jurors more earnest III
their endcavors to do exact Justice
The Court Of Appeals has adopted an amc"u"'oi''
70 the rules relating TO admission, to the bar TIC
amended rule requires that before any person shall ener
on his clerk ship or substituted course OF study or wh
one wear acrward unless he is a graduate OF college
maintaining satisfactory standard, he shall pass
Regents examination in English composition mrs.
year Latin. arithmetic geometry. English and cnlleu
states history or then equivalents, and shall nc
certificate Of such fact with the clerk OF the 'ouil ol
Appeals The new rule doe, not apply to student,
who have already filed their certificates that they
have bccIn their course Of study or who are now al
PENDANTS at law school. Tic rule WIpth i III s'Hc
respects strcer tlau tn which has been ~ ipTe
for nine wear, I, designed 10 the competon>
Of a sufficient general education before the student
enters the later studies OF his law course
The Bar Association has debated without result at
The first meeting at least the amendments TO the 'h-
dietary article and some OF the members OF inc
Revision Committee have defended forciby their con
clu,lons Whatever the result Of the debates may
be IT would be well If the arguments could reach
larger number OF the members Of the profession TIE
final rcnort Of the Revision Commissioner, was received
with favor by many member Of the profession, b'i'
there are other, who view with Indifference or active
rrtclym Nr. Noak, who hl> ideas Of his own oi-
pnsd o some OF those cNUe-~cd b. the commissioners
In, friends among the legislators. ne ooInl
uouuar vote and large proportion OF the LAWYERS OF
Inc state do not taxi any active interest ~ c"ort'
sccIre an approval Of the proposed change by ne
arc however Loyalty eXcrting themselves In defence oi
their own prop SAILS
Tho public interest in England over the mental con
diton Of Justice stephen. of the Queens Bench re
mains unahatcd. The references OF the law papers u
the subject are 10 longer obscure and the London dal
newspapers all have editorials in which the gravity
and novelty Of The situation are discussed since tho
commits, ion reported that Justice stephen Is insane
,bc wreck Of one ~ tho greatest minds which has
I,lorcd over legal pro.l M IS no longer doubtful.
There Is, hovevrr. 100 way in which a Judge Of Inc
supreme Court n "reand can be removed except on
. Do f.artff ~
other hirh officers may lc removed by yaron' pro
cccdin.s or jheT pllc, may he occupied bY other
when the appointing power decides tdl t"'
officer /, iu,ipaDtti"d 10 perform Ms uN1',
KIM. Law Tinic.r Sums mp a review Of the
case hy saving: Tic position j. IN. h'r MESSY
greater mischief tlou any other class "l servants oi
thc Crow AID are -pou-ble (" the public ~ aYl
form Of proceeding for such mischief stand absolutely
alone A. ir.cuovtblc f,r any cause Whatever except
upon an address 10y both horse Of i"rl ahrnt .'
london Time " lal Mall Glzcftr." %cw~.' "'hrn.
clc~ and ~Globc~ have -poicl delcatcly lnt ior.bN
Of the need method of preventing ludge rom
acting when Ac becomes mentally incompetent
\ smllar difficulty Las occasionally been expert
cn,ad I'm This county. \ Justice - tl" United state
supreme Court once continued 20 holl Office Ions after
ne wa, unable u perform h, duti'7, until the Tine
arr when hc could tak. advantage 81 III" '"lIIu@
pension. \ Judge ~ the C.tr Court rceutIy held
on to his Office for year while unable 10 occupy Ills
plic. on tie bench. Thc dc.cut, Of forcing judge
70 r.t.r, who cannot perform Ia, dGte, D. not, how
ever. 80 great in TIM, country a. u England ana The
provision for retirement al seventy year Of asr
prevents rlany Of th' evil, complained 90. ri-rNA,,'
Tn" compulsory retirement Tor axe uhd"uhtdN worn,
lnu.. 10 Tire pGblr'at tlm.,. q, many judge Won"
De- in'ly rmpr.tn' 10 niI YER "'',. ' t ,, NM
OF the English iudecs ere seventy Years old. and
ar, active in body ana mind. lhf ii|, III io re
nccc s-ty of removing judge who may not b. able
to perceive that the infinite Of axe arr overtahing
them.
The March numlcf II Tie Green Eac" has an
lin tra,cd article the supreme court o! Louisiana.
which, though carefully written. lacks the graphic
interest which the subject woud have permitted. y
statement witch viii Interest Itgans who have cN-
prricnocd dclays I'm other cou', is that for several
yca,- ua-t cane, called for argument IN th'
supreme Court u Louisiana within mont 3ter tA'y
are entered on the docket. y ere, 81 @hct'"', ~ '
English barris;cr dealing with the distinguished hylnE
Colcridgo j. the subject oi the opening ,hel'n' 1
great tribute j, paid 10 hi knowledge ana hl' poohcu
style Of writing.
scotch wjtncs are not always ca-cr to deal with
than the witty Irish \ scotch law magazine teH' oil
one VIII, wa, questioned a. TO the position oi pace
relative t. Il certain dyke. The lawyer asked the VII
nc~, whether the place was cast " west oil certain
dyke but could obtain answer after several rclFti
ZION, Of the question. Cant yon answer! urged the
LAWYER: va, it. east or west of the dykcl7 "Wcl'
ad The witness, slowly, II would just be- tcrj ''cdry
half way Another Highland witness qua not answer
a question put 10 hiM scrc ~ unc0 ana llc cNh fcIdl
ed LAWYER finally asked. Now sir. DO Nou understand
me- - Yc>" was the answer. Then can't You give
me- a lati,Ial answer 10 the question No, cannot
aid The witness, CmphaticalN. ma pray WHY h'''
!. rcr am an, on my OATH which non
ecn,iiturs but was, nevertheless, conclusive.
The index t. the volumes Of the English Law
peu,rt,r relating to appeals from the East Indian
coir contains material strange to western ears. The
ca.es reported have such weird and port@ntou, titles
a. Eaja Jogcndra Bhupatr linrri Chundun MahapatIa
AGAINST Ni,yanund Man,nch' and RAM Ilementa
kuuain Drbi agans HFOjcnda Kishprc Roy CnoWdry'
The summaries prtiXcd to the opinions. TO which the
reader may loo! for cnlictcumcH are full Of terms
mn less fantastic. In the suit which the fair rruai
Eil Jarao Kumar brng' against Fam lalohnohl ana
so,r one else We kindly Informed by the reporter
tI,t the ,uit va, brought BY the app liant and her
-.-..-. IL MLI.lln I'LL. IL