New-York tribune., 1891-05-17
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

fe latest Stewart VIII case mas mane Eresaer progcss
than any previous one except the attack by Prescott
Hall Butler or the management Of Mrs. Stewards
estate. which led to a compromise. Most Of the at
tempts by alleged relatives Of Alexander T. Stewart
10 obtain some part OF his fortune have ended by the
uayment of small sum Of money In settlement or by
the failure OF thc preliminary steps in the action
brought by the claimants. Ii looked for time IL
The family history of the wealthy merchant was at last
10 be revealed the United States Circuit Court but
the taking Of testimony adjourned and the deci-
SION a legal point may be conclusive In the case.
General Benjamin F. Butler, ths lawyer for the claim
snts was welcomed by the opposing counsel with
heartiness which seemed 10 spring partly com desire
TO express sympathy with him his treatment by
Judge Carpenter in Boston. His physical condition
showed falling of since his last appearance in
New-York courts. Whatever may have been his
mental powers at HIS best estate he never could have
owe FIbu Root and TI5b al the ;nrmites Of age
upon him, those who listened 10 him could hardly see
shadow q the vgor bodneSs ana TX sny O cra m
contest In which he took part. Mr.. Choates argu-
ment was model Of clearness and close reasoning
Judge Andrews, OF the Supreme Court took an nm
usual last week In allowing juror to DO called
10 the witness stand 10 testify The Juror gave esu
ony an expert 70 the shifting OF cargoes on the
trial OF damage suit against a steamship company
Although the code OF Criminal Procedure provides for
Jurors giving testimony under certain circumstances
when he has ascertained facts not known to his
associates Juror seldom caHed 10 the witness chair
IN fact any knowledge 10 the facts In controversy
Is considered disqualification for service on the jury
over five hundred years have gone by since the day
when Jurors selected for their knowledge OF tho
facts in the case In the early days OF trial by jury
the persons who by personal knowledge or hearsay
snev all about the facts called on to Judge as
10 the questions involved. any Of those fist select
cd did not know enough about the case, some other
Juror was substituted. The witnesses were thus the
u4rs4%v- NJ hot
might determine the The rule has changed
greatly but even within q few years 1t has
been held legal allow juror to testify Two mem
hers OF Jury In Pennsylvania testified TO minor facts
in the trlal OF criminal and the appellate courts
decided that no error had been committed. Judge
Folger writing the opinion Of the Court Of Appeals
few years ago. declared that juror could be called
as a wttnes IS in the which he was trying In the
case then passed upon by tie Court Oh APpeals q
In which he one Of the judges The Court OF
Appeals said that It was improper for the nce ,T 70
o mass upon the advisabity OF his tesumonN ana Tor
fesfmopv n cases called before them are re
corded but in most cases the Judge WHO Appeared as
witness did not return to the bench but lett his as
scclates TO continue the trial.
Surrogate Ransom made an earnest and convincing
arrument Inst week against the rule which has been
oued In this State which prevents the disclosure IN
uObate proceedings by attorney Of the instructions
u
unless the attorney subscribing witness or unless
the-s were charges Of fraud IN the making Of the WILL
The surrogate had before him the will of Rebecca NJ
Coop who at her death left an estate worth SloOoo
Most Of the estate went TO a and daughter DuJ
there was beQuest Of 5000 in trus. for the beneI OF
8 son of a dead daughter. The interest OF the sSoo
was to be paid toward the support and education OF
the boy and at his arriving at the age OF twenty one
he was 70 receive the principal sum Of $500, "lth
all accumulations thereon" The amount OF these ac
eumuatons out Of S1S year AFTER the son iao OeoH
supported and educated that sum was hardly worth
bequeathng The surrogate calls the gift Oh the ler
est mockery,p and the supposiuon OF accumuiauohs
apreposterouss AS the dead woman had htte
knowledge Of English and the clause was involved
IN legal phraseology the Surrogate thought that II
was improbable that she understood It and he adds
IL would be satisfaction to know all the facts ana
circumstances attending the preparation oil the ifSuu
ment and the reason for this discrimination against
her grandson the only living issue OF her dead oaueh
fer The Surrogate was compelled under decisions
OF the Court OF Appeals 70 refuse TO ADMIT te eV1elS
on the case. He says, however Courts should l not
be compelled TO grope in the dark when ths IneTe Tae
10 enable them TO ascertain where the ruth Hes l Oh
the issues which they have TO decide the GSclos9e %
NJ which will not be stain upon the memory OF inc
dead man. which is the property OF MS fanny anu
kindred' The Court OF Appeals has Suggested III
and not with the courts and surrogate Ransom beeyes
that he expresses the feelings Of every otnel surrog
tea the rule will be relaxed probate by future
amendments to the code,
The Nav number Of "The Surrogate contains
portion of an entertaining Digressive Essay on Wis,
containing criticism and comment on some remarkable
Wills The name Of the author is not appended, but
ii has the humOr and ease of some OF Frank Rudd 5
previous contributions TO the magazines. Austin Abb
bot has a useful article wills Made Away from
Home in which he describes the method in which
traveller on steamer or elsewhere, when the services
OF a lawyer be obtained, may draw VIII which
viii be recognized as valid by the courts Of most of
the states The portrait in the May Surrogate is
that Of George Z. Cook the surrogate OF Oh%onuaga %
sRSs'"''"' sine u p''''''' 80 -
The General Term Of the Court Of Common Pleas
last week promptly reversed the decision Of Judge
Bookstaver as to the right to eject passenger from
an elevated train. The decision Of the General Term
was given as soon as the argument was completed,
showing that the appellate tribunal had no doubt Of
the incorrectness Of the trial judges ruling pas
senger who stepped out Of the train for moment at
a station 70 allow woman 10 pass, and who was
not allowed by the gatemtn TO re-enter through the
gate Jumped to the platform as the train was
leaving the station. The trainmen, enraged at this
which he had paid forciby elected him from the train
at another station. Judge bookstaver said that the
passenger was trespasser ana Ihat tne tran5nen
held that as he had re-entered the train on which
he rightfuly had place his subsequent ejeetment by
the tranmen without any new cause was unlustihabic.
The passengers on the elevated trains who frequently
have cause to complain of the rndeness OF the train
men will hope that the General Term decision Is SuS
tained 50 that they may recover damages for any un
lust1able of force
The Chicago Republicans and Carter Harrison Dem
ocrats have united in nominating ali Of the Circuit
Court Judges who willing to serve The election
takes place in short time. Judge Julius S. Ghnnell
mad resigned his position, and to ill the vacancy the
Republicans selected from several Democratic lawyers,
whose names were submitted to them, Francis Adams,
we'll known lawyer, who Will undoubtedly be Judge
Grfnnel,s successor OF the other candidates all Of
whom have been on The bench for several years. five
Republicans and five are Democrats. Mr. Adams,
the new candidate has been one of the public prose
eutors and is popular among lawyers If the political
parties had not reached some agreement In the
ra..ta. d. Dri,nar,n Inlnhl LaNe had I'M