New-York tribune., 1892-12-04
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
TIE COURTS.

or the decisions given last week BY the Court OF
Appeas those In criminal eases among the most
Interesting The opinion In the case Of Dr. Henry u
McCionegal Is important showing an Inclination Oh
the part OF the Court TO modify somewhat the con-
sruciion which has prevented the obtaining OF lunes
in in p0rtant cases s readily they could be under
the rules OF several years Before the McQuade
case was decided In the Court Of Appeals and reversed
principally on the ground that Of the jurors had
been improperly selected the provisions OF the code
as selecting jurors had been construed In the Iiat
that person Of strong mind, who had formed
an opinion In "A case might sti sit as juror II No
feI, that he could lay aside his opinion In considering
the evidence and could decide impartially. Inc
McOuade case and one or two Others seemed 70
change the rule somewhat and TO go back 10 the
ground occupied In the Greenfield case twenty Years
ago where u juror who had formed an OPINION Dase0
on reading the report OF former trial OF the case'
was held to be incompetent to sit as Juror under the
circumstances OF that particular case. Great ncon'
venicnce was caused by the greater strctness Win
trials was suspended because 1t found TO be i'm
ria was suspended because II was found To be I'M
1,"sihl" ,o oinin Intelligent Jurors In this city who
lad not formed opinion by reading the testimony
siven at previous trials OF some one of the SET OF
cases. The decision In the M3Gonesal case & os.dS
cnses, or at least shows That those decisions were
not so rreaeng ai tn in 'r s opnon n"s SAYS that
Juror is not disqualified because he has formed an
opinion in the case. even If il is founded on the reading
rt % out II lis mind that opinion because that would
he an mpos,biliy al iha1 ornnSl ihat he believe,
that he viii be- able TO disregard any suc Yhmo" ia
the trial Of the caSc and VIII dscad Sos bsro on but
1t has been construed that has AT lines seepd nnd
exclude ntoie mt and thong,lul po',Do' ho rer
Ignorant and who formed no opinion on Questions n
public interest The latest opinion OF the ed S1urs we Il.
Annals distinctly states that lntelngchi anu VIZ
informed citizens are desired as Jurors ana II SHOWS
how under the present statutes 'dch persons cei oo
legally accepted
I'm addition to tie lmpo tant question relating 10
Juror, thew are other interesting matters passed Oh
in the McGonegal opinion. The was one of the
first closely contested ones which Judge Fitzgerald
tried after he took his place the bench The iaco
that his ruling, In every case aihrmed III epi.e
# the ingenuity and industry of McGonegaPs counseI
was regarded highly complimentary to Judge fiz-
gc.ald's carefuln.s, and knowledge The Court OK
Appeals also affirmed the conviction of Cassin, the hotel
han boy In which interesting questions weie
involved Among the civil cases. one OF the most
important was as to the validity Of the Kings County
The court. by reversing the judgment obtained
by cXJudge Giitert OF broohyn, ass' 10 ,n Ii mss ts
pensions granted TO retiring juege Men the Gsss.n a
arose 10 whether tne sum ol cl,oVV
IA year. granted judges instead Of travelling ex.
peiis,s, part Of the compensation whch ,they
.hond receive upon their retirement account of aee,
Judge Andrews wrote strong dissenting opinion eA.
pressing the opinion that the salary and not the extra
allowance for expenses was the amount which should
be- fixed as the pension Of the retiring Judge. Judge
Gilbert thought that not only the salary paid by the
state. but the additional $1,000 year allowed by
Kings County to the supreme Court Judges residing
ec shcnd be- Rd after ne t i ind er 9gSd Which he
obtained for this additional compensation
Judge McAdam with his usual vlgor. commented
last week Oh the facts developed in the suit of wife
who sought to secure annulment Of a marriage
he ground that her husband had been lunatic 1T the
time Of the marriage 1t appeared. however, VT the
husband had been in morbid condition, which did not
break out into insanity until several days after 'he
marriage II there Is sufficient mental capacity to mako
the contract ne holds that the parties to the marriage
mus; take each other for better for and that
,equent nfrnco cannot fraih ground for decre,-
Ing the marriage be void The question of unsound-
OF mind discussed III another aspect In case re-
Gently decided In the West NlISlhla 'ourt oi APt,s
An rndeavor made to set up as a defence for
criminal a plea that he partly insane, and mat ne
had an Irresistible impulse to comm, Ie er'ms n pvro
anil an whether homi ita mania sasl oe n'ro,
knowing the nature and wrong Of his murderous acts.
The declares that II the person has the necessary
he SUPPOSED TO be Incapable OF resisting m Impulse
commit II. This decision, as wei as that OF !udeo
McAdam is in accordance with the present tendency
in the courts not IA set aside or cNcine the acts VI
persons whose insanity IS not well established
The November Green Bag publishes several arti-
clcs in relation unusual phases OF Jurisprudence
Alber, c. Applegarth, in an article on Pagan Jurs-
prudence says that in Japan there were no nauve
! lawyers until a few years ago. In China suit can
ONLY be- begun after going through complicated pro-
ccdure. and then nothing appears to be dons
without the payment OF money considerable IN
nuence Mr. AppegartI tells the story, which Is not
ncw Of IA miigant in Chinese court who had sent
five poc OF money the Judge before the trial ana
in recall this fact to the mind OF the Judge
when he appeared in court raised his dhnd Win the
fingers widely separated and shaking II toward the
Judge shouted have right my side, lave right
on m
tcnuon him and finally he arose and extending me
as much right on his side you have on yours. As
si,ant District Attorney Lindsay. OF this city, tells
october. 1855. Ralph ana Mary Hall, ne defendants.
acquitted although the jury found mat mere
suspicious circumstances against the woman
Irving Browne II Albany. begins series of artlrles
relating TO practical exhibitions and demonstraiions as
ence 10 many cases in whlc photography has been Used
in the detection OF crime IS republished from another
ber number is the second section Of Walter clark's ar
tIce the supreme Court Of North Carolina
The zeal Of temperance enthusiasts led to peculiar
case recently decided in the supreme Court OF Pennsy
| vanIa The accused man, James Carey. employed
As a detective by the Pennsylvania Railroad Company
evidence against persons supposed TO be 'ran
| wreclers He and SOME companions established
camp e place whore distractions had been placed
upon track and they lived there for several monhs
They frequently invited persons whom they suspected
and Others visit them and provided them with food
and with beer and other liquors. These liquors were
used at their table and offered to their guests as
a matter OF hospitality. rhe PENNSYLVANIA law makes
fl unlawful for any person 10 nrnisi by sale, glit or
otherwise liquors . persons ON sunday or at any
time to Il minor. The supreme Court says that these
provisions are applicable TO the table or the per
sonal habits OF citizens in Heir own homes. The gift
OF liquor which Is forbidden is 4 furnishing in evasion
of th statute orhdding the selling OF liquor The de-
sign No prevent liquor sellers from furnishing 10
customers lauors on sunday. The defendant In this
case wa, not dealer IN liquors and the morality OF hts
habits and his detective methods was not before the
iury The only question was Whether there any
intent by the lawmakers Ia prohibit the serving Vt
hquOrs on Sunday AT private table.
UHERE Is RILEY'S COAT