New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-28

hmsband ss plaintiff The General Term OF the SUI
pcrior Court OF this city holds that PASSENGER VINO
was injured while riding on step OF the front pat
form Of a crowded street might recover damages
from the company in spite of the fact that notice
against riding the front PLATFORM
Michigan is another state in which the question Of
the adoption OF the code system OF pleading is now
actively discussed \ meeting OF the Michigan state
Bar Association will be held next week and three
papers will be read upon the subject Of change 10
the system of pleading. A. In Illinois, the sentiment
among the younger active members Of the bar Is In
favor of the abolition Of the commonlaw system and
the adoption OF a code. Alfred Russell, whose ad-
dress at Il meeting OF the American Bar Association
in favor of the abolition OF Jury rial, In cyii cases
excited much comment + the leader of the opposition
TO the Code. The current number oi " Inc hichgan
Law Journal conianS editorial, stto.s'y aus0ea,ims
the substitution OF the simpler hi"'l"'s Oh py m,,
In place of Tie old artificial system. DaIid Dudley
Field writes to The Michigan Law Journal ieitr.,
IN which lie mentions H. the ,lrohg'' ar-tn't III
favor OF the code speech Of CHIEF Js,lc" oieilass.
lished IN i,21 an ad.rrs, ny & nr1wn;
the progress OF the code system was described The
code poc. hay been aaSplSa s to srsngr
ireland and the English colonies. The asi'ai,on
toward the aG adra Active ~ @ an a ann SrcSon period
Tor many years.
Among the recent United states decisions Of interest
was one in which lIoke smith, III" secretary Of the
Interior was the successful attorney against the rail-
y
on a train which stopped al station called Lula, 10
Georgia After he had aighed from his train another
train going IN the opposite direction stopped at the
station. Powers waited to assist from the train =
man with his wife and Two children FIVE and seven
Years old. There 10 conductor or brakeman TO
assist the passengers In alghting. The detention
caused Icy the hindy act OF Powers sufficient 10
bring him in the way OF the train going In the op.
posite drcc ton and received fatal injuries The
family 10 whom he had given assisance manag cd 10
he
before them. No bell WAS rung. and there was no
n.nl except Il bOnnrc ard tnc locomotive head.
lights. The United states supreme Court sustained a
verdict for large amount la favor Of The children Of
Powers. Another decision OF the court slsians not
only the right Of defendant In the United states
Courts refuse to testify without any adverse
to say when his attention is called to the District.
Attorneys violation Of the rule :" suppose the coun.
taking the stand" The Judge should emphaiically
Instruct the Jury NOT to attach any importance to the
siruction new trial may be- granted.
The wisdom Of capital punishment is discussed In
an editorial in The Newlork Law Journal" OF last
Wednesday ana In several law papers which have com.
mented upon the action OF the Michigan Legislature
In voting to restore the death penalty, which was
abolished "a few years The Law Journal"
argues that there Is sufficient necessity for taking
the life Of an accused person 10y the state. Tie
act OF the Michigan Legislature seems particularly OBJ
only when the evidence 1, direct although the courts
have held that in many circumslanlial evidence
may De- stronger proof OF the commission OF crime
than direct evidence. Such'a law would make the
penalty less severe in eases OF poisoning ana others
where the delil"raiiOn most prolonged and the
murderous thought longest in the criminals mind
\ murder connn,ted wnen the passion, were aroused
might II witnesses present, De punish 81 by
death, while person who 10y successive doses of
poison finally caused the death Of another would
escape with imprisonment for life. The arguments
Of The Law Journal against capital punishment are
that IL Is against all ethical considerations that II
doe, not defer persons tom committing the crimc
and that many murderers. especially women are un.
punished because OF the severity Of the penalty. The
difficulty OF obtaining inries In capital cases shows
that there Is considerable prejudice In favor OF the
abolition of the death penalty, but this state the
majority opinion seems to BE- sti In favor Of IL n.
tentiou.