New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-31
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS


respect for Judge Bradley's high character and attain
ments. The general estimate among lawyers seemed
to be that while Judge Bradley would not rank among
the greatest Judges who have occupied places on the
supreme Court bench, his work Ind been useful, ana
his good judgment and careiunes had given his opinion
great weight 10 the discussions Of the court NO ono
recalled with bitterness the incidents Of the carly part
Of 1877, when Judge Bradley aSsaied Win
every form Of dcnunciatiOn by many newspapers.
1t charged that he had written Two opposing
opinions in the Florida case before the Electoral Com
mission and that after he had agreed TO support tho
Democratic view he had been induced to change his
opinion lie threatened With Injury. Charges Of
corrupt Influences were made by many persons WHO
dissatisfied with his decision in the Presidential
election dispute. lie felt compelled in september,
1877, to write public letter. Indignantly denying the
charges against him. lie was Fortunate IN living
residential contest to have the partisan Keeling die
out, and his merits rs judicial officer were uni
teld among judges who were appointed previous w
the Presidential term Of General Hayes Judge Field
IS now the senior In service by fourteen years over
JuOee Harlan, whose term Is next III iehgh NO
Otner President for many years has mad, as Pre'l-
dent Harrison has, the opportunity 10 appoint three
supreme Court Justices.
The trial of Carlyle ". Harris, now In progress
before Recorder smyth, is in some respects almost
unique in its interest. Medical jurisprudence Is u
science in which many lawyers Interested and
boOhs on that subject contain the record Of
few poisoning cases approaching it In SEN
satlonal features. Many lawyers and doctors, not
directly concerned in the case listen ~
the evidence from day to day. The counsel
on both sides are well equipped and have made care
full preparations for the trial. Difficult terms In
chemistry are used easily by the lawyers by the
PHYSICIANS. and when any of the doctors make mis-.
take To tie effects of any drug the results OF
post norton examination Of the body the experts on
the other side quickly perceive it and whispered
wOri 10 the lawyer leads TO question embarrassing
to the witness. The legal ard scientific battle ha.
been one OF the most closely contested ever witnessed
In this city and interest to the result will not d.
minish until the verdict is finally given. 1t is an
education In Itself for young lawyer TO listen TO the
proceedings In carefully tried, and several OF
the constant attendants at the trial Law students.
The trial already in It's bird week. and the end Is nos
yet In sight.
Recorder smyth's article on "Crme and the Law"
in the January number of scribner's Magazine" has
attracted much attention among the editors Of law
Journals. The notices universally favorable.
The Albany Law Journal speaks OF the Recorder as
Of the most experienced, discreet and useful
criminal magistrates who have lived In this coun-
try" and quotes approvngly large part Of the article
The recommendations Of the Recorder, in his cOntri-
button the magazine, have already led to the intro
ducon Of a measure for the establishing OF
wOmen's ref0rmaOry for the southeastern counties Of
the state and other bills for the carrying
out Of the reforms he advanced. may be passed.
The good work of the Elmira Reformatory, which Re.
cOrder Smyth praises, Is shown in the annual report OK
that institution which recently published. IL 10
printed and partly written BY Young men confined IN
that institution. The typographical work is excellent,
Of the Illustrations are of real merit, and the
literary contributions by inmates are highly cedabie.
The printing department is only one OF several IN
which inmates Of the Refornatory have shown great
proficiency.
Another contribution by wellknown criminal
magistrate 10 the literature of criminal procedure Is
a letter to The London Times by IIopwood, the
presiding criminal magistrate of Liverpool, who ex-
plains his to the sentences Of criminals.
some criticism of his lenency has appeared, and he
himself says that the average length Of sentence for
a criminal prisoner before my appointment In 1855
was one year, month and six days the average
sentence inflicted by me has been two months and
two days. II | had continued the old SYSTEM the
Imprisonment in the six years have presided would
have reached total 1867 years, whereas mine was
in fact years showing remission or decrease OK
2347 years Of imprisonment, POI years annually
lie quotes the report OF the head constable Of Liver
pool to show that under this system crime greatly
decreased each year over the preceding years. one
Of Mr. Hopwood's beliefs is that much crime is COM
nited from abjec want, and he does not think that
I'm such cases u repetition Of the defence necessarily
indicates hardened conscience lie gives this curious
example: "A poor woman pleaded guilty before
me charged with stealing a duck l looked at her
record. She had already endured for stealing meat
penal servitude: again. for stealing meat seven years
again, for stealing meat seven years: or a q
stealing few ,hilling's worth of food My sentence
for The duck was month. and regret 1t now as too
much. 1 have never since seen her. The opinion
of the writer which probably would not meet with
universal acQuiescence, is: have no hesitation IN
affirming that at least twothiIds OF the imprlSonmens
now being inflicted may be safely dispensed with"
"The Chicago Legal News" publishes a likeness and
an interesting sketch Of Charles Ii. Aldrlch, who has
been nominated to succeed William H. Taft, the United
states solicltor-General, who was recently appointed
United States Circuit Judge. Mr.. Taft's career has
been remarkably successful he is yet only about
twenty i've years old. Mr.. ldrich is forty-one years
Old and has been successful practice for seventeen
years. Ills Office at Fort Wayne, Ind. for the
larger part Of his Professional career put oe mas oee
News speaks Of nm a. possessed Oh , q Keen; ana
lined in manner and deservedly popular with his beth-
rem at the bar' lie is member OF the Union League
/ University. Oakland and Law clubs, of Chicago, and
wa, FOR two years trustee Of the Chicago Law lr
sutute.
John L. Branch the NewYor1 lawyer who was
formerly the Editor Of The surrogate" has Just pub
li,hed a monograph entitled Without VIII. Then9'
1t gives in graphic form the laws as 10 intestae sues
cession to personal property. The various family re-
atons of husband. wife, son. etc, are represented by
initials and algebrc signs are used to put The various
tables in compact form. From the pages OF the
small monographs II Is possible to determine quickly
just when any relative viii have right TO succeed to
The personal estate of man or woman who dies With
Dut leaving a will The method Is an ingenious one.
and the pamphlet gives much information In con-
iensed FORM
The will Of Homer A. Nelson. the wellknown lawyer
lnd politician was attacked but the General Term Of
The Supreme Court had dealt with IL more kindly than
he courts did with that Of Samuel J. Tiden. Mr.
Nelson was. the General Term Judge says "a prom
nent practising lawyer in the County OF Dutehess for
many years, and no in that county knew morS
nlly and accurately the requisites of valid will than
lid the deceased man and the same might aiso per:
laps, be said Of the subscribing witness, o. ID. n.
'aker.7 In spite If his knowledge and experience,
however, Mr.. Nelson left out OF the attestaton clause
Il his Will the recital that the witnesses subscribed
heir names mt the request Of the testator Mr. Baker,
ne Of the subscribing Witnesses who in part superin
ended the execution Of the WILL died before II was
fcred for probate, and Frank Keller, the other wit
ess testified thirteen years after the will vas signed
~. fba NVin nar-af