New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-23

w. W -
The Office Of Recorder Is Of the most important
In its varied duties OF the public positions In the city
Of Ncw-York Besides acting Judge OF the Court OF
General Sessions the Recorder is, by virtue Of bis
office n member OF the sinking Fund Commission and
OF MANY other municipal and charitable boards. Re.
corder Smyth will end. next year, his term AS Re-
corder Previous his election In 1850 he had
acted as Recorder by appointment OF the Governor.
lie was many years ago an assistant In the United
States District Attorneys Office when John McKeon
was the attorney He subsequently became partner
of Mr. McKeon and they had extensive practice
for many years until Recorder smyth WIS elected TO
his present Office and NJ. McKeon became District
Attorney AS the head OF the bench or the CHIEF
criminal court OF the city the Recorder has become
we'll known TO all NEWCOMERS. His characteristics Of
integrity ImIaralty and dignity familiar TO law
yers and ne Is recognized leading force in pre-
serving the city the criminal clnsses His rulings
have usually been sustained. and he has laid down
many important principles IN criminal iaw' in 'ne
Cignarale case he established the principle that u
person convicted Of a lesser crime might on n new
trial be convicted Of a higher offence The recent
Foushawe arson case was important rs establishing
the fact that conviction could BE- had Of arson al.
though the Intent entirely to destroy me pidhs WAS
NOT Shown. In the closely tried case of Carlyle ".
Harris his ruling, We're entirely sustained, ana Inc
Court Of Appeals In the alllster MURDER case Inst
decided paid high compliment 10 the care Of hb
rulings and charges. lie Is now presiding IN the long
If Of Robert
The brief reports OF the proceedings before the
Belring sea arbitrator, indicate that James y.
Carter is fulfilling the expectations CT his many
friends OF the NewYOrk City bar In the exhaustive
address which has been in progress for many days.
Mr. Carter's welknown ability as a close roasoner
and apalyzer OF testimony never had more effective
field Mr.. Carter has been most distinguished as an
appellate lawyer. He Is at present nearly occupying
the place which bis former friend ana associate
Charles OConor, occupied, at the head OF the
bar OF the city I'm all proceedings except jury t1as
Joseph II. Choate alone disputes supremacy with
him for the leadership Of the active bar Of the city,
and Mr. Choate is pre-eminent before jury. The
only wonder among those who know Mr; tarnrs
ability Is as to what the "sr an n ,o .s Of be
United States that has not already Deen said wien
Mr.. Carter finishes his argument before the Behrins
arbtrators.
The decisions OF The Court OF Appeals given last
Tuesday less important than usual There
were only judgments and three orders acted upon.
and five motions were disposed Of some Of the most
Interesting the decisions those relating 10 taxes
and the afrmance OF the order In reference TO the
sanity Of Mr.. Blewitt whose has been many times
before the applications 10 have him declared
insane a decision that he had recovered
his The opinions given after the Easter vacs'
ton covered most OF the cases which have been ar.
gled The General Terms Of the courts Of this city
were not sitting. and few decisions OF Importance were
rendered In the courts.
Judge McAdam. in recent memorandum. uched
upon a growing evil when he refused 10 grant .
motion for bill Of particulars. saying: The
dering OF bills OF particulars must b. cautiously ex
| .rcsed that the plaintiff NAV not be- unreasonably
embarrassed at the trial by being limited TO the
Identical particulars stated. Many instances VI
this kind have occurred lately Were the parties
had to be RENTED 10 special Terms for relief 1t
Is proper therefore. 10 raise the danger signal'
Of rite
! asuinst fraud il frequently happens that PLAIN
tin having u Just of complaint Is embarrassed
when an application Is made for Il bill OF parueu'
lars because the services rendered or other GROUNDS
81 action are of an indefinite and cannot well
| be- iiem!zcd. The granting OF apph'ailohs ior bs
of particulars has frequently been done a' mater
OF course and wit.on the use OF sTsa. imo ar
ing from the freedom with which they "rr, , easlv
| separable into particulars
The appearance OF young lawyer VINO mas suu'
| denly become prominent in IA criminal 'r'i "
technical knowledge OF medical SUBJECTS WAS e'"''
| men,cd on by 1.-The New-lork Law Journal IN
wewritten editorial. The writer thinks that p'aos
| may be found hereafter for the ncocai ia"!r, 40
| bers has been for the mechanical lawyer In pateht
cases and for other specialists. II Is not peso'u
| question however. that II Is OF advantage III July
trials TO have a lawyer who uses techheai ia"-"
| The physician who Is being examined or ''o,'
| examined understand all the inquiries ""' -
| Jurors who are business men. Will not DE sr'a's
| nnlrhtoncd ly the examination. That lawyer -
usually most successful who makes MS cause m'''
clearly understood by the jury. lawyer WHO o'Ae'
| the opportunity Of displaying his own kh'"""s' '
excite the wonder Of the jurors but doe not rn TI'
| convince them. Patent causes ar" usi,ily IN"
fore examiner or commissioner ana n3 NO r. .y
remriy learned medical lawyer will probably not .e
| OF sufficient advantage to make that CLASS "' P''''
| TONERS ever very numerous.
The temporary check to the prosecution OF inc
| Faycrweather will contest by Judge Lawrences "'
! ml,sal OF the complaint last week would b. 'a"'.
OF conguiu.ation II II were not certain thi' t'c "e
struggle will be continued In one or another FORM o
| many years to come. The contest l. necessarily ah
unsatisfactory one whatever may be the OUTCOME.
The man who left the millions had no near objects OF
his bounty except his wife, and she. though at hr''
| not literally provided for, was aferwarl sumci'hv
satisfied I'm q pccuniaIy way, and Is now oeiu i'o
who are struggling the estate are On The one s''
and the other. executors OF estates VINO can pe sup
posed TO have little personal reason to desire 70 p0
| serve the property. The Will undoubtedly 10
prosecuted with great delberation anu at large eA
| pcnsc. The eminent counsel already engaged mus
have liberal fees and the probability Is that athous.
| the estate enormous one, arg" proportion "
! II will be- expended In costs and legal fees ~ ~
be hoped that something will remain for the i"Su"
| lions which Mr. Fay.rwcathcr desired to aid. INC
struggle however, u sample of the least attla.'se
portion CT the law where contests are PROLONGED v
| vcnd the nfe Of those Immediately Interested, an"
| lawyers become the principal beneicia1es oi q"
| estate.
| The appointment Of Randolph b. MARITIME IT.. 'u'
! son OF Judge MARITIME, rs assistant in the ps".'
| Attorneys oncc WIS announced last wees '
MARITIME has been admitted only short Time W p'"V
tice but has had experience In acting as referee III ~
| crul cases. and has made a good record he VIII, -
| his new position, gain familiarity with proos"".
by active practice and the portion Of the work aS.'s
| TO him Is important, and gives valuable eAPe'e"
Jacob Washburn, his predecessor. who his be'h ""
ferrcd TO u clcrSship In the surrogaes Once ,","nt
= rxccle., record as n faithful ana careful Assisahms
= Iict-Aiiorney, and male many friends ah'onsa cs
! layers and officials having business win 'ic UNIV"