New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-03
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
TIE COTRTs


before the legislative committee learned then If they
had not known before, that those who perform that
which they believe to be public duly do not always
have Il pleasant time In consequence. They were
compelled TO leave important business engagements, to
spend two three days in waiting for hearing and
to be subjected TO examination and cross-eXaminaon
by lawyers OF less prominence and less courtesy OF
manner than they possess. Mr. Couicrt Mr.. Carter,
Mr. Peckham and other members OF the Bar AS
ISOLATION committee are among the most dignfed and
courteous members OF their profession, and their ex-
perlcnce in appearing as witnesses instead OF eA-
amners and being compelled 10 submit TO the attacks
OF hostile Quesoners must have been decidedly I'M
pleasant. They knew when they made their report
that they would encounter some criticism from the
friends OF Judge Maynard and they deserve the greater
credit acting on their own beliefs as to their duy
without regard TO the consequences. They ENJOY so
great respect their associates and In the courts
that they rarely have occasion to complain vi us
courtesy and their treatment ut Albany was
a novel one for them. The manner III when when
these esteemed members Of the bar S,o T Ier
yers I'm this city, which Will be likely 10 olctdc
against their critics at some future od m thom abc
representatives. OF the bar Of this city by Which 'ey
had been selected TO perform an important u"'S'
The endemic Of acquittals in criminal cases con-
tnues undated and happy Is the prisoner whose
fate Is decided by the present jurles The record III
part OF the Court OF General Sessions showed hVc
acquittals 10 each conviction for series OF wecNs'
Mayor Gleason Of Long Island City, and an liahah
accused Of murder among the ben'hcilries Oh
the present Icncncy among juror. juror WHO
served recently I'm a criminal for the first Time
said that he had learned enough TO convince him tat
any mans liberty could safely be lhlrstu 10 In l,
he found no Juror, who wcre not Wiling !" i rn
fairly or favorably on Defendants statement ln9
readiness with which jurors hnd excuse, LOT pln.,
occasions recently and prosecutors are awaiting
anxou>ly a change In sentiment among jurors "'no"
shall make II easier to enforce 'he ""S'
The Court Of Appeals opinion in the flaming
murder case is interesting, uphodlng the rlsht ID
trial judges in criminal cases 70 review the evidence
and comment on 1t. one theory OF the du'y Oh
trial Judge used to be that he should only make an
abstract statement Of law. and allow the Jurors 10
find out its bearing on the facts Of the case on
trial judge Peckham. with the concurrence OF all
the Other Judge, takes the opposite view lie refers
to the criticism Of Judge Marines charge Nv "c
DEFENDANTS lawyer. and says: " In crnn'a case We
thing the Judge has the right, and Indeed II l. MS du
10 present the evidence & the Jury IN suoh heht a"
with such oommor,s that the jury may see Ito
relevancy and pcrtncucy 10 the particular issue upon
which II wa admitted and thu, be better qualified 10
apprecatc It's character and weight and 10 determine
is crcdbility These questions are for the jury bnt
is proper that Judge should assist the Jury III
mar,haIling the evidence that they NAV the Woio
readily and rtclligcntly To conclusion WHICH
the evidence and In accordance WIN tn" Iim. -, i
Judge should do THIS IN fair and Impartial manner,
having due r,giTd 10 IN" hight, Of The d'ieuuh anu
with a scnon' ana ihN'vH' ", ~ r h., ar
ton, but he should not refmin rom lh't a.
curae and clear pr"-entatiOn Of The evidence 10 Tue
Jury simply because when 80 pr, ,cnteh It may fairly
lie regarded 10y the jury n bearing hAruN up"II thc
accused. \ careful rndint Of the charge OF th'
court i'm hi, case conyuco~ 10 that the duty Of ING
court was performed ably ara hlrN me 'fi,rl,
citicsu 81 trial judge IN q criminal '.s,l ,r
commenting ou tie facts but u" our "i Appc.n
lend, IT. sanction t. III, method 81 a'ins ,hr {n,S
T. arrive at lu, conclusion, - long - re hi,'!N
To- Tho evidence arr fr rd The jury Is left :" deide
absolutely MI que ions OF fact
Judge George DFrf.. of Chicago, who died recently
wa, one II tie many judicial officer, whom New ! fk
has furnished to other St.tc.. H. was born In This
stat. and vas graduate of Columbia Law school BE-
fore studying law he va, for short time nc",b"',
md Later clerk In village store. Ill professional
career was highly Successful lie was an assistant
counsel Of the Pennsylvania Railroad before
h, Wa thirty wear, Old AMI was circuit Court Jug
lrr ~ many clubs and was eNccoSlf gf pppuhT anon
LAWYER. H. Yea, lcctun'r 100 ~ 'mas' ''lIs ''
cd unusual clriucncc. Judge. lawyer, and Law
siudents In large Numbers attended hi' funeral.
Ad.cu..lon In two or thrc cts new papers on "The
Decay u Prof,,- 1nn Mannchsias among lawyer i-
appropriate Just a. III time. when even the English
law papers aie questioning 10. ncoe-iV ~ continuing
"tlc ,llk- the distinguishing mnrh Of th" Queen
~ Of ypcvriilug instead Of ergrp-ng. ana 10" nbp-
ton Of many of tho I'D sillied form, n law papers.
The method, Of pleading which WEI" once oon-lfeTd
almo.t .acfcl hny, now become u7aiy modified, ana
ccnr precise sentences have taken The place ~ ~,
intricate phrases formerly ~ ~. Inc nmInM' OF
distinction lctwcen legal and bn'-' phrase ~ ar"
disappearing. Tho nuueh LAWYER, ni-' % con civauve
that II seems Impossible MAT any chanlr ~ poii 1ai
en- toms -houd b. y contemplate" am ng them
IL has been Suggested, however that ih" distinction
between Quecn's connect and other counsel should b"
lit. I.I T1ln her pf OvngU'a
grcafly increased and The privilege Of IN" more dful
led brrch hive ben cuiial,d nniil t.ci" j. nnIy
Utflo 10 BE- gained by h uu., which was formerly
hIghly valued. TIE situation In England H. '"cVrr
sim far from approaching ne 9nconyenlional methods
VI proe1slonal life IA The United s'"'e''
David Dudley Field not only retains his mental and
ply steal vcor IN his eighty eighth wear but hi' thogh'
blossom into occa onal verse such N, line, begin
ming Wbpt Is IT now - live" which wilton
h ri ghty seventh birthday. few wccl, ago. aud have
been published. Life now ! - him hlll "i Gui'l con
temptation Of mature ana Oi hlinal "Hais' tic says Va
his present mod" OF ne
IL Is 70 ~ before the cheerful hearth -,
with groups OF friends and kindred, store ofbooks, "a
Rich heritage ages past
Iiold sweet communion. soul with soul,
O'cr things Iast o. present or To come,
Or muse alone upon my earlier days,
Cnbind the scroll ~hctcoI il wit
rne story my busy NJ.
IL f. with laughing tic pay VI chihNh spo''~
ING the lawn
IL f. TO feel tho puses quicken as hear of great events
near aar.
~ f. 10 rest with folded hctmcs.
,rd so with ouI,t calm and thankful soul the
to-tnnt n ,,inny u hot legal Hgl In the past passes
The hours y his well c1rrcd rep0sc
The edit 1rs Of THE Yale Law Journal have done
q fair and manly thing In publishing symposium
~ ouInIons Of well krown Instructors on The Methods
~ Legal EdncatiouH There Is wide divergence
amen, lawschool professors 10 the methods Of I'm
parting knJwlcdgc. The Yale Law 9cho" mas 'huS
far been comparatively free from 'hc 'hh"e'S oi
,o odvocaies Of the system yet the Instructors
., c that system are well represented In the dis
cpss,on Professor Edward J. Phelps. Of Yale, and
Professor G. q. Tiedeman, Of the University Law
echool Of thi, city present the views Of those VINO
believe especially IN the study OF principles bcora
49,. ,n1 I r. f,..or, William y. korn". Of fOlnn-
Ia i, and John C. Gray. Of Harvard, advocac the
system Of principles from caecS.' The liir law NV