New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-11
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

| InE NOUhlo
| Daniel Dousherty who died few days ago, bad M
become In the true sense New-York lawyer. though
FOR several years he had an Office and practsed hs
profession In this city. In spite OF his reputation
as an orator. no did not meet with the immediate sue
cess In this city which he had expected. There W.
something foreign In the work air. His style q
sratory was regarded oldfashioned and not alto
gether suited to convince New-York 1uries and biz
! success In many was not us great rs that q
advocates who, though less eloquent. were more acuv
in their methods OF thought. and had gained knewL
edge of Newton iuIies. 1t was said by VIM
! knew Mr. Dougherty that he keenly disappotntet
By the fact that he did not Immediately obtain ksn
practice upon coming 10 this city with the reputation
which he had acquired IN pnna 70, Pr ne va
| city. but Philadelphia seemed TO be more congenal 70
his methods Of practice and most o. ms close fnt
have found. Mr. Dougherty did, that II Is not easy
| to obtain considerable practice In TINS CITY simply
Robert g. Ingersoll, benjamin II. Bristow John =
Dillon. Ex-Governor Hoadly and some Others have %
tained large practices upon moving 70 us city. but
| in most cases 1t has been because they had alrysdy
secured large corporations as clients or aan Hsld 40
from other cities usually find that period OF from
! two to Eve years Is necessary to secure hru
| clientage.
Grosvenor p. Lowrey is comforting benefit uyop
| lawyers by the publication Of his careful sketch d
| John X Porter, his former partner. Mr.. Lowrsy
might well have excused himself from the task a.
count OF the pressure Of his professional occupations
but he has taken the pains to gather number OF In
| teresting facts about Judge Porter's professional
career and he gives careful analysis OF his charse
| ter The publication OF the sketch began In the
| August number OF "The Green Bag" and will b
continued In subsequent numbers Judge Porter and
Mr. Lowrey were partners In this city for fifteen year,,
and vet Mr. Lowrey says that when he seeks to gath
from his memory material to illustrate Judge Porters
strong and unique individuality, he finds that he has
| no sufficiently clear hold upon him. He had many
differing phases VI character. lie forgave readily,
vet hated relentlessly. He had the utmost faith u
his cause and yet constantly dstrusting and re-
examining his arguments. His honesty faithfulness
and ability receive a Just tribute In the sketch An
Interesting part Of the article In the August number
| IS an account of the method In which the famous
| Nicholas Hill. who at one time heid retalnen u
large proportion Of all the at the Court OF Ap-
peals for many successive terms prepared bis briefs
| Judge Porter then Mr.. Illlls partner and MI:
Office hours Porter what do you think Of this an.
| thority !" similar question: ana Mr Porter
MpI wond rebuff Mr. iortcr. being aroused, would
proceed to strengthen his argument by reierehcx "
Gf SSt VI i'' wrey says often saw the brief sent
In by local counsel rddled and DESTROYED by me me
~ enlightened and astnte criticism, and an enurdy
| oav line NJ argument substituted It did not always
happen that one night sufsced and 1t came to pe Ne
custom OF Mr.. Hill to fight inch by Inch with n9
| nartner Porter I'm these night sessions. over every
case Of interest which he was aerward to argue sa
fha
against snch an adversary, II was not surprising at
Whan he met in court the brilliant men Of the Day
,ne vccrhial" The sketch is brilliant and eloquent
one and Just tribute to one OF the greates'oi 'ne
New-York advocates.
Tho r,oy,,ncnt for uniform legislation among ns
States vii, undoubtedly make more RAPID prosrNss :"
tho future as a result OF Joint meeting OF the conf
missAoncrs rscently hsh In Saratoga William l." on!
a.r a m.,nber OF the New York Commission. wan De-
,,,, rho American Par Association a paper on lAe
Problem OF Uniform Legislation m the United States"
and the paper Is published by "IAs A''"iiy L'"
Journal" The first thing which the e"hhi''S"'ats
have scuxht is to validity IN other scieS !"
certain transactions valid in the State In wh'ch 'ney
occur The acknowledgement Of deeds, the execution
., Wills the descent and distribution of property o.
interstate decsdehts the solsmrzGt'on o. marrse S
me granting Of divOrTe are II the plans on tle co'S
sion are carried out. 10 be recognized saie''A'
throughout the Unated States II confornabte to M
nvs o, the State In which the act Is DONE a HIM
taton ia made IN Of divorce where me oiVea"
WIS not obtained By personal srTvioe 81 ne sum
mons or other process p.n the defendant In ts sac
snnrsranre Of the defendant In the action. Thers
few other mta 5 Or bur N sIfs s ssis IN
anS much needless ,nconveniesce and loss will b(
avoided The commissioners seek also TO ssSNre iOni
b. W. prov ding for uniformity In various matters ret
IDS to oommsrcsl afaire; sart as abortion OF cays
danlar matters Nest Of the changes proposed are 70
b. in the alternative 80 that eitnsr me osd roSn
greater de<ratilsy OF the UNIFORM rules VII lead 70
their adoption wthoNt sny c"sdera9Ss ds,.rIS nac
tS,rs Tar from New York prGsy lvena Massachusetts,
Yew.jer<ey Delaware, Michigan and Georgia but action
s The v chs d i Of N he % viii
be In peruadhs The 1eStsaturcs OF few ccrssrvscs
by dozen twenty of the most progressive states
aTbe Indian .rurist" wishes to know why American
law Journals write "sylla" for r,e plural Of sylla
bus" instead OF using syllnrIss. It says ther, ~
no doubt that the word has become an American w'ft
md entitled such u have es added 10 II 10 denote
its plural. We may hear yet" Sys The Jur.st,"
sarcas,icaly Of .omrIb' for 'onnibusTs and igno-
rernt' for lgnOrzmuseS.' and 'caci for caucuses'"
There seems IN BE- confrs.on among lawyers as TO
the proper plural OF This w.d but the great maiory
tS ay ER Eng. t S psnee zee to a The plural ending
in acs" wehster's Iht"rwtioqal gives es,, rs ne
plural. and Worcester also gives 90" as the Enfsa
plural. The Word IS an awkward occ AZ beSr. puI
in describing the short abract prsaxed to iudrisi
opinion.
The fnct that there Is IN "indeterminate sentence
law IN this STATE is not generally known AMONG New
York city criminal lawyers. As the New-York Jndcs
have not made use OF the law and TIE recent action Of
the Legislature IN taking away the minimum term OF
punishment has made the use II tpe indetermlnste
sentence OF les Importance. A Michigan law which
was something like that Of NewYork State has been
declared Invalid ana 1t is probable that the attempt
in other states TO carry out such laws will he
abandoned Percy Edwards. IN tho current number
Of INC Green Baf" hdSules Ills and nd, some Sthsr
The Michigan Law allowed the judge 10 give general
sAt'enc- and permitted the Board Of c'ntrol 70 erm,
nate the sentence pleasure. except that the mini
mum time allowed BY law In each case must 10
served The prisoners might g ar9ed co n@ might ss
thot fnc law gives to the Board Of Control pardon
ipe power which should belong to the Governor and
also gives II judicial power which can only be properly
OF this state WHO have occasionally used tse inde.
objections made In Michigan before making firthef
attempts 10 enforce II.
"Thc American Law Register ana Review which
% old Led a dnnhtf existence Tor a number Of wears,