New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-21
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMoN"
THE COURTS.

bad considerable experience and enjoy good repnte
among lawyers Judge Macomber Is perhaps uue
NEST widely known OF the three throughout the
state n, he has delivered opinions at General Term
t AN e>ccptlonaiIy large number of important cases
Judgo Dwight has times been assigned to sit In the
Supreme Court In the New-York City District ana
LAWYERS practising here are consequently iamiliar
with his judicial methods. Judge Lewis has been ior
many years the bench and before his election haa
n large practice ut the bar There have been many
changes among the General Term justices WITHIN
the few owing partly to retirements on ac
count Of age and partly to the transfer Of several
Judges 10 the second Division Of the Court OF Ap
peals. but the Fifth Department General Term has not
suffered much from these changes as some OF tho
other General Terms have The fact that eH'Judse
Daniels has lert The weight Of his learning and strong
reasoning power to the opposition to the apporuoh
ulcnt was matter OF interest to the members OF the
Now York bar who have been led By the experience OF
raany years to regard his Judgment as aimos, .n
further arguments instead Of accepting the offer for
formal affirmation OF Judge Rumsey's decision led 10
the bringing out OF many new important reasons Tor
believing that when the Constitution provided that
the apportionmcnt should be MADE at the new s
made tho next years session and not the next meet
| ing at extra session was INTENDED.
| ExJudce Samuel Jones. whose funeral took place
| last week. would have been personally known to ie"
Of tho younger members OF the bar II 1t had not been
for his service OF Clerk Of the Court OF Com
| mon Pleas. His judicial service ended many years
|
TO lawyers but most OF those who consulted them
| had little knowledge Of Judge JOness personality.
To the older lawyers the judicial history Of Judge
! Jones and his family well known. HIS lau'cr
| was one OF the most distinguished 1urists OF Ne"
York and his grandfather was Recorder Of TINS c Ky
| late Clerk OF the Common Pleas were 1auseTT oros
prominent lawyers As court clerk IuuSs ntc S1f
and sirc;nes Of dealing caused him TO be respected.
The orice under his administrations did not suner
sufh
retirement OF Nathaniel Jarvis.
Indigo Andrews has concurrcd in the opinion OF
Judge Lawrence denying the motion to admit to bail
an Italian named Bracco convicted OF aSsauluhg MS
fathcrinlaw by throwing vltrol IN MS lace ana
causing the loss OF eye and Disagreement OF tne
features. stay Of proceedings hnd bech Si'l'ci
fin the cue after the jury had found Brncco guilty
snd an appeal had been taken. request for release
on bail frequently follows the granting Of stay OF
proceeding, and Judges. especially In other districts
nave - freely granted such applications that con
vlcon By jnry has had little meaning when the de-
PENDANT is rich Influential enough TO obtain ball
The administration Of the criminal law has been
ntcrfcrod with BY the frequency With which convicted
prisoners were released from prison against the pro
test OF the DistrctAttoruey. The feeling among TIC
judges In this district has apparently Undergone
change ani applications for stays and for release on
bail more frequently dcn@l than IN iOFHics
years. The Brlcco cas-, was orc IN N i " w.,
lad testified peculiarly cruel and barbarous acts on
/
point, OF Jaw raised ,, the argument, before JutE's
/ Lawrence and Anircws. but II was argued tmt me
inTrrn,e several weeks az, and Judge Andrews last
week refused grant the desired order Tor reca'e on
-Stcr deierdants whose guilt Ia, been established
by tho verdict of jury. will hereafter D. release,
pending the decision OF an appeal an, ulu, We al
iowcd an opportunity 20 escape from the country
Tie Albany Law Journal" ord similar publlca
lions contain editorial references 10 vacation expert
ALL lgtVy :lrp
enjoying period Of rest. Tic Newiorh Law
Iolrna~ longer Ia, the bright editorials OF cooler
day but has fallen back Oh the " notes Of eases
! which are more easily proiuccd The EDITORIAL
opinions n to tie proper mcllod OF enjoying vaca'
tons aimos, unaHmous In recommending the
most perfect quiet and entire rest from labor. The
editorial brain IL not content with change OF occupa
ton but darrs,nds en>4re cessation from labor. Tie
con sequence OF this belief Is that the law periodicals
A.. unusually dull Long extracts from published
opinions Judges MI the place formerly occupied by
fhc bright .Antarons o. editorial Wit; the columns
q. ORIGINAL matter ar curtaled and the selection
OF cNracts for publication Is les, carefully m"i' H"ii
at other umcs y DC ar 1,e .nmnrr dnanr ,S, u
lions. The compensation in' the present deirth o.
Information and suggestion ia the lcsal Journals WI
be- found ia the additional b1nancv to b" expected In
thcm when the law editors brains resume their
usual funo lions IN the autumn md winter months.
refreshed hy the restftlnors Of long vacations
An ou;iin. Of one Of the familiar experiences Of
Andr-ws's recent decisions at Chambers. lawyer
applied Tor an order directing the return Of some
money deposited by a plaintiff security FOR costs
Tho LAWYER for the defendant being absent. prrsin
ably on vacation. represented a, JItcc Andrews
SAYS. "by a youth, who doubtless did the best he
could but whose statement, were inaudble ADD IN
ut-nlgiblc.7 The attorney for the plaintiff d" loudly
and ychcmcntlyr urged MI. side of the ease A. no
one "authorl1ed by law COMPETENT 10 argue the
notion according 10 Judg" AndrcwH's opinion, was
present for te dcfcn Liant the motion granted a.
II unopl0scd, ana the plaintiffs attorney promptly
with which the defendants lawyer returned from his
vacation trip on other absence from the cts secure
his clients rights Tho cause OF hc defendant waS
again submitted to Judge Andrews, this time not by
~ uninrlligiblr representative. but with 80 mu't
force backed by strong reasoning TINT the former
decision reversed ana the p,anuh attorney w'S
| crdere, personally 10 restore the money ob2 on
| the original Application.
While the application in this case may nave been
| made In good faith the incident suggests the need OF
sddil.oual warning against bringing motions in
August which might we'll he deferred until later day
when tho opposing attorneys have returned from their
| vacations. 40 practice has been more frequently
condemned than ttat u bringing on needless motions
| nj the summer terms. The Chambers aud special
Terms remain open through the summer because there
are many subjects requiring immediate attention.
some lawyers. however who detained In the city.
to tahc malicious pleasure In noticing for ar
| gment motions which might a. easily be heard III
| September October lawyer who Is spending "A
vacation at distant mountain resort finds him
self suddenly recalled 10 attend trivial matter or Is
| compelled to iniru-t argument TO friend VINO
kE0"s little of the facts Of the There Is an ui
| written law among the lnl practitioners That
| AL business In which fellow attorneys who are ont
Of Interested shall be set aside IN the summer
| months. The practice Of securing orders al lncon-
vcnicnt time, on small matters would De dis outraged
II judges were frequently ready to vacalc their own
orders. Judge Andrews has done when the original
order Is obtained at time when the attorney for the
other side Is absent his vacation and the case docs
| not require action In the summer months.
Tho law OF the road to bicycles Is declared In an
Interesting opinion recently delivered at the General
Term Of the supreme Court the Third Department.