New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-07
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
The COURTS.

have Jury calendars. and even IN that usually busy
court there will be smaller amount Of Work OH
hand than Mt the opening OF any other summer term
for many years. The persistent and energetic WORK
of Recorder Snyth and Judge Fitzgerald through the
warm July weather reduced the list Of prison cases
to less than twenty In number. Some OF these cases
had been set for tlal In september Al the request OF
the defendants 90 that there was practically clear
ing up of the accumulated business OF The court 1Wo
parts Of the court were In session last week ana eVen
II they are not kept open throughout the month there
will not be next month. a. has sometimes happtned
Al the opening Of september term an ovcrcmwdihe
of prisoners in the Tombs whose cases have been post
poacd in the months. The Industry o. the judgs
has more than made up for any Increase In crime am
the court rs at present constituted, has shown lis
ability TO try all the criminal cases which are con
SANITY arising as we'll 10 dispose Of the accumua-
lions Of former years
The terms for tie hearing Of motions IN the civil
courts did not open with many attorneys waiting 70
be heard The torrld weather Of tho last week OF
uv had hurriedly driven ont Of town even the most
Industrious lawyers. Judges Andrew Freedman,
Gieccrich and Fltzsimons signed some orders. ana
granted or denied varied assortment of motions, but
the Chambers and special Terms business WINS not
large nor of unusual Importance. memorandum
by Judge Giegerch IN case which he has had under
consideration from former equity term VIII 1nrnlSh
an argument for the supporters OF the jury system
which Is occasionally attacked In the discussions
Of LAWYERS Judge Gicgerch says that he finds IT I'm,
possible 10 come 10 a conclusion on the question "
met in the case before him. The case, ne says
the crc0lDlUtN OF NstItSSfS 'h" '""'
properly presents a question for solution by Jury.
it occasionally happens that the responsibility Of De.
Gu,ns to assume and even in the estimation Of
judges jurors are the best tted 20 paSs uPpn ",,
tiers which must !" lcsirn"h from inc ups VI
contradictory witnesses.
The orders in reference to the making mp Of the fall
calendars should be carefully read by attorneys this
month. In some courts new notes Of issue must
be filed before September l. II the cases on the
present calendar 10 have place on the nc"
calendars 10 be made up for the October terms
In other courts the new calendar, VIII not be
made up until the middle Of september. The com
pulsory filing Of new notes Of Issue is good method
Of Kidding the calendars Of cases which have been
practically abandoned. but which have not formally
been disposed of. As there is llte other occupation
for law clerks In August those who are not on their
vacation, may well occupy themselves by S'eln-
that ali the cases IN which their Offices are In.
ierestcd arc placed on The new calendars.
The attempts Of legislators TO make men vlrtuous
are not limited to the Eastern states. The littc
town Of Lamar in Colorado has adopted THIS wide
spreading ordnance No person shall engage IN
ouarrelnc or hghting nor shall iavite or defy any
other person TO fight or quarrel W. H. Metcalf, a
storckccper in the town. had disagreement with one
IIag who was I'm Metcalrs store. Mctcalf oricnd
Ilag ont of the store but 1lag replied; III you
want me out. put me out Netcalf endeavor'd u
comply with his visitors request, but was unable to
do so until he secured the aid Of n town marshal
violating the town ordinance about fighting, md
Justice Of the peace fined him 90. Mctcalf, to sns
tain his supposed right to put out an nrWelclme
visitor. carried the case ~ inc court OF hppfus.
That august tribunal after listening Ia the exhaustive
arguments rs the right to cApel an Intruder says
with pleasant sarcasm: such wa nnqurs'lpnAbS
The law a. II used 10 be Administered previous to
the passage Of the Lamar ordinance. but the ordinance
i, more comprehensive than the ancient law. aud
cannot be tested by common law rules, The ordinance
was local and il, most authoritative construction
.houd from local surccS. Who could judge
= the Intention Of the lrei,laior-i The ordinance
may receive a more liberal construction by residents
o, Lamar than We are prepared To give IT. So ns 10
attempt to eNpcl another without he physical ability
TO do it
Either the prosecuting auth ,rillo- IN Tcyas arr -
trcmcly careless or the appellate courts inclined 80
give accused the advantage OF every te'hnica'T
or nine cases recently before the supreme Court every
one resulted In reversal OF the conviction or other
Judgment In one case the Indictment Charged that
the offence OF card playing occurred on January /.
SOL but on trial there 20 proof OF any time. and
the Judges sad that might have bcon long arp that
The charge was ouilawcd. In another the indic
mcnt charged q with stealing from iat's with
intent appropriate the property 10 ib" a." Of in-
Tho man who drcw the Indictment made the clerical
error Of using the owner, name In place whcre the
name Of the thief Should have been inserted bond
was taken I'm another case IN Jaauarv 1901 calling of
The appearance Of the defendant I'm March. 500. IN
cad Of sol H. should have brca IN -ll al itI"r
Ncr" charged VIII Fdulllu- ~ u HpIrf
under " his instead VI "ih.ir' control Ihr-c ca,
were al decided Oh appeal again me prosecuting
officers. Tie county attorney IN another ci'e prem,
lscd not to prosecute Il man II be- would coii',s ana
afterwald tried to use the .onl'7'ip, IN uir ul.l.
There were varon, errors Of the judge or ronn'y
attorney, I'm he other cn'",. ttch CO" wa rom
digcrert county tat the d"moriii.atiou among
those who should enforce the criminal laws j. wide
spread. The most interesting Of ia" decisions i n 10
whether n man who. living In the Indian Territory.
the Texas line. took pistol sixty miles By fil-
road into Texas. 10 have It cleaned. and WHO wa.
arrested a. lie about 10 start for home had violated
the law against, carrying weapons. The law eXompi'
from The prohibition persons travelling IN the State
and the Supreme CONT decided that the visitor was
traveller and not liable To punishment
Oregon has somewhat peculiar law under which
the wife rs well the husband is liable 10 be sued
for the expenses Of the family aud education Of the
children A wife has been held liable for the pay
ment Of the family butcher bll although the hus-
band ordered the articles. Under somewhat similar
laws In other Western states the purchase Of plano
has been held TO be family expense, but the repair
Of a plough Is not such IN expense The oregon
Supreme Court has decided that the purchase Of
a buggy IS family expense. The complaint said
tina, both husband and wife were members of a
resby terrain church al some distance from their home
and that the buggy was necessary 10 convey them
To and from the church. In spite OF TIER pcty the
bill for the buggy was unpaid and the supreme Court
aas now decided that the vile i lJlniy responsible
with the husband for it, cost.
-Iock SPECTATORS will hc Interested ~ two Penn
sylvania decisions recently gwen by the supreme
Court. The suits arose out ~ the buying
and selling Of stocks on margin through
brokers who IN one case dealt with alleged bucket
shop In New York City. The transactions In each cnse
resulted In profit 10 the ~pccnlaors. but the brokers
aid moi pay over the profit. The brokers when sIcd
declared that the dealings were gambling transactions
and therefore the suits could not be sustained. The
lower court, took this Wow, but the supreme Court
has dcrided that the profits might be recovered. with
ont deciding as 10 whether the trading gambling
the court SAYS that the transaction inving been closed
and the profits paid 10 the broker the money became
the property Of the purchaser Of the bonds. lie
might withdraw II use II In other spcculatiOns.
White Il was uninvcscd II was his property left on
a, no.It and could BE- withdrawn. The court saws
that this exact point has not previously been passed
upon and II may affect 10 some extent the relations
between SPECTATORS and brokers.
English judges also have had their difficult prob
lem. For instance. man has sued SUI con at the
po,,o, Innrmary for go the vnuc M fine arm