New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-27
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

THE COURTS.
The Bar Association showed unwonted energy IN
dealing with the charges against Judge MAYNARD The
meeting held week striking contrast to the
ldull. SHINY attended regular meetings. large pro-
portion OF the active members took In the voting
and the dissenting voices when the question as tn
confirming the report was put were few and weak
The committee contained several members who would
lbe included In a list OF the twenty leading lawyers
of tho CITY, and bench OF judges has rarely contained
men OF greater ability and integrity. No report made
to tie Association for many years has been weighty
from the character OF the members who had prepared
1T and the importance OF the matter discussed. The
tone OF the report is judicial and the statement OF facts
| convincing. Tile Association has frequently
| been accused Of too great coeron but
| there was no lack OF courage and straight
| iorwsrdness in the treatment OF Judge Maynard's
case. one OF the most striking fact, IN the whole pro-
ceedng Is that, though CT the nine members Of
! the committee were Democrats, consideration OF
| The political effect of the cen,ure Of judge Msynard's
| acts led to a dissenting opinion Tie same indie,
pcndencc has boon nOo,d throughout the treatment
of ihc Dutccss County case BY all the judges who
have considered the matter OF the throwing ont Of
the ballots accidentally marked by printers type
| All OF the supreme Court Justices OF the second De-
patment are Deinoc!rtS' bat every one before whom
aiken aided In the edayOr 10 iale tie ballots counted.
All except tMp Of the Court Of APpealI Judge. are
which was issued disfcgaldng these ballots false
ana fraudulent.
| Other decisions Of the courts have recently shown
that political questions can safely be left to judicial
consideration. The decision in The Wisconsin app)r
tionment last week affected the supremacy Of a
political party Ia the state Legislature but the opinion
concurred In By all the judges VI differing political
\ faiths. The convictions in the New-Jersey election
sustained without regard to the politics Of
the officials concerned In the frauds. In the two New
York IIectOn cases which considered. the most
important-those from onondaga and Duchess counties
-thce was no dlvisiot IN the Court OF Appeals
party lines. fhe decision In one case was By
| unanimous court. and the minority In the other case
included one Of the most earnest Democratic members
! Of the court Whatever reprOach have fallen on
any political party in any Of the states IN connection
with these political or semi pOhucal cases. IL is
matter OF congIauati0n to LAWYERS that the judges
have shown marked fairness and lmpariaity. mo
discussions among lawyers have shown the existence
Of Ike Keeling among them in favor Of UNFOLDING tho
law more important matter than the temporary
| success or defeat Of "A party.
The remarks Of Judge MARITIME to the Jurors who had
just given "A verdict OF acauital in which had
been on trial before him for several days and some
other recent criticisms OF the results OF criminal trials
have led TO fresh attacks the Jury system. The
theory Of "cycles' in the acts of members Of a
munity be taken by the superstitfous as having
something to do with the recent peculiar dongs Of
tutors. n is often said that when crime OF Pc
culiar atrocy Is committed. 1t Is followed immedl
ately by others Of the same kind. When some new
form OF sacide is introduced. other acts OF sefds-
| strucuon are committed in the same way. Just at
present there 10 be epidemic Of softhearted
ness among jurors. and philosophical persons may
console them selves with the thought that the tide
may quickly turn. and no guilty and few innocent
persons may escape the stern Jurors who
will sit when some Jury sets the fashion Of
| convictions. A new contribution to the discussion
the Jury question is article in tho current number
OF The Green Rag on The jury system ana rs cnt.
discuss the matter altogether from legal point OF
rather than abstract justice is probably correct Many
verdcts especially in civil cases are illogical but hey
may after all be more nearly fair TO ali parties than
the decisions Of technical judges
1The Green Bag, for March has an interesting
article by Professor Theodore W. Dwight, OF this city,
on Lawyers as Biographers.' He refers TO Boswells
life Of Johnson Lord Campbell's Lives OF the
Lord Chanceors and Chief Justices, and Roger Norths
biographies Of his brothers to prove the assertion that
hwyers are among the best bographers. The article
is principally n review Of Roger North's entertaining
work The life Of Francis North, Keeper Of the Great
Seal rs written by his brother, is especially valuable as
showing how lawyers Of two centuries ago rose 10
emuence and how judges lived and worked. An ar
,icle by Charles b. Elliott, Of Minneapolis begins the
history Of the supreme Court Of Minnesota. The
names OF two Of the judges will be recognized by old
New York lawyers. Judge Andrew c. Chatfield was
member Of the NcwYork Legislature over forty years
lie went to Minnesota under appointment by President
Pierce as a member Of the Territorial supreme Court
Judge of District Court IN the state Rensselaer, R.
Nelson who also served on the IerpoHs Sm T lie
to St Paul when it had P0PqIaSth Illus
trang life among English lawyers
The full text OF the decision in The Irish National
rqss- contempt proceedings in Dublin Is given In The
Irish Law Tines Just received in this country and It
is possible how much more the freedom OF inc
press means in this country than In Ireland. "The
National Press In referring to the disagreement OF tho
Jury on the trial OF libel suit against The Freemans
Journal, said 1t had Information that the jury stood
eleven 10 one, and that the one Juror had declared AZ
the outset his intention not TO agree To anything against
the defendant. and had refused TO give way. Inc
editor and other persons connected with "Tre NATIONAL
Press, were charged With contempt of court I'm pub
fishing these statements. and the judges Of the Ex'
chequer Division found some of them guilty. judge
Palles said Il think that statement that the jury
In tho first TRIAL divided In the proportion OK
eleven 10 one eminenuy calculated 10 affect the
verdict In the second trial We here TO declare aud
enforce the law. and cannot allow the prctice OF
any newspaper to influence in view OF the law.
cnn only say that II they were brought before the
court for publishing the state Of the Jury in any ono
case 1t would probably be the last time they would
publish such statements" The statement rcfcctins
the dissenting juror was considered an even
gmver offence. The prohibition OF published state
mentS OF the division of jury where there
has been disagreement seems peculiar TO
lawyers in this country. II is Of the regular
pieces of news In any report of disagreement OF
Jury, and It's publication has never been criticised.
Jurors I'm this country not usually affected by
statements as to how preceding jury in tho same
voted.
An unusual cause OF complaint was that recently
passed upon by the Kansas supreme Court. pas
senger bought ticket at IA small station on the Chi
cago, Kansas and Western Railroad. The ticket
agent unfortunately suffering from smallpox.
The purchaser OF the ticket contracted the disease
and afterwnd sued the railroad company for 10000