New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-13
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONu
TIE COI'RTS

GATHERED FROM LAWYERS AND AMONu
TIE COURTS.
The almost unanimous action of the Bar Association
In resolving to investigate the charges against 'uEc
MAYNARD is in itself vindcaon OF those VINO nave
declared that the accusations are serious ana require al
answer. The resolutions were presented by james T.
Carter who stands with Mr. Choate at the head OF the
New York bar and seconded BY we'll Known law
vcrs The committee chosen 20 carry on the inve'tiea
ton includes several Of the most widely KNOWN anu
highly respected members Of the bar. An opportunity
will be given to Judge Maynard explain his acts. ana
the whole proceeding thus far reflects credit on the
Bar Association which has NOT always been easily
moved TO act on allegations affecting the honor oil the
Judiciary There was fair suggestion Of PARTISAN
ship i'm The proceeding the Judge whose order was
nullifed and on whose opinion the resolutions are based
the majority OF those who spoke In favor oil the rNoh
lions. the president who appointed the committee OF
Investigation, and the larger number Of the members
of the committee well known Democrats Judge
Cullen, decision in the FmanS contempt case showed
that by the aid official his order had been made
Of effect. and the investigation into tlc 'ir'um
stances under which the election returns were tik-.i
enough TO satisfy lawyers and the general public tat
The association is jealous Of the good name Of The
I" ul1'S at The Ear ASSOCIATION meeting did not
adopt the method which 1t had been SUPPOSE tiint
judge MAY nard's friends would choose, that OF demand
ing and urging the appointment Of conmitice tiOLeh
whom Judge MAYNARD could state his reasons for ms
COMMITTEE Some Written explanation to part In
the transactions which Judge Cullen criticised.
Edwards PierrcpOn lad Of recent years 50 far retired
from active service that some OF the younger
member, Of the bar may not have known
iCw prominent figure he wa' especially
in Government litigation, twenty or thirty
years ago. His later practice had been assistant
TO counsel for the Government In important suits. ana
as advising counsel in some Will contests. From 1850
to Is75 he was prominent as a public speaker on I'm
porlant occasions, and had a graceful and attractive
style Of orsiory. He had stIikng courtesy OF man
ncr one Of his later public addresses was delivered
al Yale alumni meeting at New Haven. and hc then
urged the Importance Of beginning collegiate If al An
carly age. Ills home life was attractive, ana H. had
a passionate love for his only son, Whose untim. N
death several years cause Of overwhelming
grief TO him. lie had not been active N general
period and for several years before and after the war
he WAS welknOwn figure IN the courts ana was
for a few years Judge Of the superior court.
Henry J. Cullen, who died last week. was less
prominent than his partner General Wncatc In court
proceedings, but valued counsellor, especially
In corporation matters. The firm had been in eX-
lstGTce over twenty years. although severance Of
the partnership relation, was threatened short time
ago Mr.. Cullen active I'm political affairs, bul
gave close attention TO the practice OF BIS profession
lie was only fifty years old, and his death was un-
expected.
One Of tho race OF ancient court clerks. Of whom
and Judges Gresham ana Bodsct and several of
the most prominent members OF the bur were among
the pallbearcrs at his funeral. william II. Bradley
was court clerk for fifty years and for thirty
seven years was clerk the United states Circuit and
District courts ut Chicago. lie continued 10 serve
until his death In the seventy sixth year Of rs age
At meeting Of the bar Judge Elodcett presided and
paid a warm tribute TO his good qualities r. b. Sher
man, W. e. GOudy and other well I'm Jwn lawyers spoke
OF his aithfuneas and industry. The judge OF the
United States courts had relied On him Implicitly. For
many years before the bu-Le>s OF the courts became 50
rea, a 10" - ne h'pi a. ", nlhueN 81 pom
preceding day every morning al the opening OF the
court. His strength and energy Continued unimp1irrd
u"''i his sudden o'"'"' W
The question as 10 how far corporation can be held
responsible damage suite for the Of It's agents
Is far from settlement II has been held that II con
ductOr fOrcibly Kiss a lady passenger. the railroad
company may he forced to pay for the assault.
The United States supreme Court, on The other
hand, has held, in opinion recently reported, that
II railroad conductor shoots passenger believing
that the passenger is about TO assault him with II
deadly weapon, the company Is not responsible In
the instance referred to The conductor prob
ably in real danger, but The court held tia: he
had reasonable grounds for his belief, and that ~
he acted in selfdefencc. the company not liable
pay damages for the injuries received 10y the
passenger The General Term Of the supreme COur;
IN the Fifth Department has also Just relieved from
responsibility firm Of fireworks dealer whose servant
fire prcmaturely TO a sky rocket cai.g injury "a
bystander. The citizens Of Auburn couple Of years
ago made arrangements for nm exhibition Of fire
works on the Fourth of July. An experienced man
sent 10 arrange the liked pieces" ana - boy
went along to assist the expert. rhc committee OF
czeas SET the boy at the work Of firing the rockets.
lie Carclessly caused the explosion OF Il rocket which
had not been placed In position ad u heW INTO
the crowd. inlurlng lady arm she brought siIt
against he fireworks iIm but the General Term decides
that the firm was not responsible. The boy was
acting outside Of his employment and under the
direction Of the citizens.
The delay in confirming the nominations for the rev
United states Circuit Judgeships is having serious
effect upon the Of the Circuit Court OF Appeals for
this circuit The calendars already prepared
large. judges Wallace and Lacombe have disposed
Of all the admiralty cases which tried before
Judge Brown In The District Court. The other ap
peal almost entirely from decisions in which
either Judge Wallace or Judge Lacombc took part
As the Circuit Court Of Appeals judges cannot act
in which they have themselves tried In the court
below, The work of the Court Of Appeals will be
brought to stands unless Justice Blachford should
from Washington, where his time i already
fuzzy occupied or unless one Of the District Court Judges
Is taken from the trial court where his presence needed
Judge shpInan, whose nOHnaion l. before the
additional Circuit judge, has the confidence and
esteem OF all LAWYERS, and there Is no opposition
to his CONFIRMATION II is to be hoped that the
senate viii quickly act upon his nomination. that
the work Of the Court OF Appeals which was de.
signed to expedite litigation may not be Itself delayed
Another peculiar decision is that rendered by the
supreme Court of New Hampshire In divorce case
The statutes Of New Hampshire allow divorce on many
grounds, and among Others when either party TO the
marriage lss 50 treated the other US seriously to in
jurc health or eidanger The husband I'm this
case was OF morbid disposition, aud when his wife
became a believer in Christian science ami Tried 10
practise as n faith healer he became morosc and de