New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-17
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS

Judges have already begun thflF vacations, the
completing the disposal q bef3Te that tribunal
must be nearly accomplished. some ldlncut and I'm
portan cases Were among those last decided By the
General Term The rapid transit opinion was slni-
cicntly long and important to justify the naming OF
the Judge who wrote it. but n delivered per
BY a clear opi,n.on by JIu"ee IaiLet A. elaooiate
trim ns '2 ~ c VIA o h o as sS AnH9eTS on the
which La, already been before the courts for eight
years with prospect of an indefinite extension
The most important criminal case passed on BY the
General Term was that OF J. NJ. d. Fanshawc, the
handsome and well-dressed young exquisite who was
Convicted of the grave offence Of arson In the first de-
gree for which he might have received sentence OF
life imprisonment. The Penal Code has. following
the definitions OF arson section which might be taken
to mean that person guilty Of arson who set a
place fire without intending to destroy the building.
In Fanshawes case 1t evident that he intended
mainly TO destroy his personal property 10 collect
the insurance on them, which far exceeded their value.
He was willing 10 destroy the hUlsc il necessary. but
that not his primary purpose. The counsel for
the defendant endoavoced to induce Recorder smyth
10 adopt meaning Of the section which would have
made a conviction Of arson I'm any case difficult. lie
refused. however, to Do and the General Term has
Justices OBren and Barrett discuss the section which
has led some OF the trial Judges IN Other counties Into
from punishment for this atrccOus form Of crime.
The action Of Judge Lipplnco Of New-Jcrsev. in re.
approved by lawyers who discussed the last week
and words OF condemnation uttered against
the attempt. not unlike that made in several New
York murder recently. to defeat delay justice
by to technicalities The jersey City election
officers were convicted on trial before ures. and after
convection appealed 10 The Supreme Court, where the
convictions were upheld. An appeal WAS thea taken 10
the Court OF Errors and Appeals the highest tribunal OF
the state. and the convictions and sentences were
again affirmed. 1t had been announced that an at
tempt would be made to prevent the carrying out OF The
sentences through the form Of application for writ
OF habeas corpus 10 be made TO the United states
Court. 1t known. of coarse that the application
would be denied groundlcss. but an appeal from
such denial would act as q stay OF proceedings ana
prevent the convicted men from going TO the state
prison. II an ingenious method Of using to delay
the infection of a sentence which had been affirmed by
ell the highest Of the state, provision which
was intended simply 10 prevent Of possible
ul1aarness by local court Judge NppiHcott, how
ever by directing the sheriff TO take The convicted ecc
ton Offices Immediately from the courtroom 70 ihc stat
prison prevented, in the majority Of case, the carrying
ont OF the pan for keeping The defendants Tor an
in0cine time in the county jail 10 winch hey would
ordinarily nave teen taken before gong 10 me s.ate
prison. 4 few 0. the convicted men, by the ali aplnT
emily Of The ailc, q the county pr son, a,e
tain wits 81 aeas corpus wle they were IN ta ihNs4
tuition by ehng ~ the !d4 WthOdt aurIoHue.4le u.e'
selves In court. The authorities nave ehuca'uta u
have the application for the writs set aside on the
ground that they were obtained Dy fraud but "hel.'I
inc final decision Is that the lawyers engaged in tAe
ing the court their action VIII not De Iounc u-ol
more favOrsDy BY mSm3Ti Of nr p ES .
sion of gro1ndiess Applications for Wrts ana sliy", sc
ceeded for .one time in DELAYING the execution q the
York murderers. Enors nave been made to secure
change In the United states statutes under which sucl
passed the bills which have been Introduced The
sole reliance Of citizens who desire 70 have the Aws
q lawyers Who ought to be The most earnest in The
dere 10 see the judgments OF the courts cair4ed mo
effect.
A discussion as to the duty Of lawyers in settling
cases has been started BY the remarks OF Professor
Jerome c. Knowlton TO The Michigan University law
students. In the Of his address. Professor
Knowlon advised the young lavycrsto encourage the
settlement Of cases. "A law suit" he said. rs
very unfortunate thing. our ablest lawyers settle
more cases than they try. and often charge more for
settling then, than they would for trying them Ihey
the trial of case as surgical operation to
be avoided If possible but when II becomes Inevitable
then they cut deep and with keen blade" Inc New
York Law Journal agrees with the statement that the
best lawyers ought TO- and usuaib do attempt 10 see
cases out Of court when possible. but seems 10 oonc'
whether they charge as much for settling dispute
as they woud for Mitigating 1t. The practice OF law
yers in acting TO some extent, a. arbuatois ana EN-
deavorlng procure the settlement Of Ci'ses Out 0
court has undoubtedly grown. and IS adopted BY most
lawyers to extent which would surprise those who
are unfamiliar with legal matters. Many disputes be
tween corpontons and stockholders. and among mer
chants and negligence cases. are settled by
agreements between lawyers one Of the hardest tasks
OF a lawyer frequently. IS TO prevent a client nom
rushing into needless and expensive husat!oD. Inc
general suppOsiiOn is thai laWl encourage litigation
out usually the clients who are the more hhAioS 10
MANY men OF decided views who would rather lose
money BY litigation than 10 submit 10 some tTiihs
wrong. The eHdeaVOr 10 suppress the AO-headedhesi
Of clients is not always easy but there arc verS
many conscientious lawyers who earnestly advise
against the prosecution OF cases where the result wouiu
be probable loss and who counsel arbitration ana com
promise rather than resort T. the courts Large ICES
undoubtedly received IN some cases bY LAWYERS WAo
secure advana ceOus settlements for their Clients Win
out litigation. but such fees are well earned. There
lawyers who employed 10 act for corDoratlohs in
negligence simply because they are known 10 DC
shlliul adjusters OF claims brought by persons VINO
believe themselves injured.
The programme for the annual meeting Of the
American Bar Association has been prepared and sent
10 the members of the association, among whom are
many prominent NewYOrk lawyers. In accordance
With the plan adopted several years ago the meeting
this year will be AT saratoga. For number Of years
all the meetings were at that place. Blu, now every
alternate meeting is held at some large city, so that
members OF the bar In various parts OF the country
nav become acquainted with the purposes OF the as
ISOLATION and the good which 1t has accomplished
The meeting last year I'm Boston resulted in large
accession OF members The meeting his year VIII be
held on August "a, % and 90 at the Music Han,
oppo lie the United states Hotel, Samtoga ExJudee
John +. Dillon, Of this city, the president OF the as
bOClauOn Will denver an auulcSs III "ANn' "ON0'"i"s
to the custom OF the presiding officer, he VII review
the changes in legislation in the several States The
annual address will be delivered by John Randolph
Tucker Of Virginia, and her addresses VIII be male
by john ". Cary, OF Chicago and William H. SHyder
Of New York The reports Of tie special committees
vii probably lead 10 some animated discuss ons, NJ
though nof Of the recommendations VIA Pr0ialoH
be rs 10 subjects which have been deDated a. Pre-
vous meetings. A discussion which was begun last
year the meg.ts OF the Jury system may ne re
ncwcd at the coming meeting. j led TO warm m
expression Of opinion By many members, many OF
whom thought that the trial by jury might wet Dc
dspcnssd with In civil cases. The jury system nov
ever. had many eloquent aGvocaes who VIII not D"