New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-14

JUDGE ROGER A, PRYOR.
qulrer.' lie also published a newspaper called
"south," advocating the extreme State rights view
I'm politics. lie served for short time In Congress
Just before the war; and made some oery speeches.
He was earnest advocate OF the War OF Secession
and was present when the first gun was fired in
that conflict. lie became a bngadier-general In the
Confederate Army ard In the latter part Of the
was a prisoner in Fort Lafayette lie came to the
North In 1865 ana has lived in Brooklyn New
York for quarter OF a century, lie was one OF the
counsel for Theodore Tilton In his suit against the
Rev. Henry Ward Beecher. AS lawyer he advo-
Gated several occasions the rights OF labor unions
and supposed to be favOrfe among the labortng
classes. He was Of the counsel In the defence
OF the Aldermanic bribery lie was appointed
by Governor Hill to FIJI a vacancy on the bench OF
the Court OF Common Pleas and afterward was elected
for the full term Of fourteen years The courtesy OF
his manner and the fine dction OF bis judicial opinions
have made him especially marked among the Judges
have been among the most eloquent and forcible u
expression which have recently appeared In the vol
OF reports. He has unailing p0liteness TOWARD
the members Of the bar who appear before him, and
Is socially favorite.
"The Albany Law Journal" which Is to be DIS
posed Of at a receivers sale this week. has had an
honorable. II not remarkably prosperous. history.
1t the only weekly law journal in the East which
has attained any considerable reputation outside Of
the city In Wncn III Is puDllsneu us eoitor - AZ
able writer with an especially keen appreciation OF
odd and humorous phases OF TIE law. The Jour-
nall however has not adopted methods in accordance
with the changed systems OF law reporting ana the
present taste Of members OF the bar IL has not
been its policy to pay for contributed articles ana
outside Of the page two Of editorial matter II has
usually been filled with reports and abstracts OF
opinions. Series Of pamphlets now supply to many
members of the profession the opinions Of courts
earlier than they can appear in The Law Journal
and the need Of publication OF this character IN
which selected seize, of cases shall form the prin-
when the publication OF "The Law Journal began. II
conducted on a more modern system It may have
after 1t passes out Of It's present financial difficulties,
a prosperous career.
An address last week BY Dr. spltzka. WE'LL known
aenist, and articles In The New York Law Journal
and other law periodicals have had as theme the
giving Of expert testimony. especially in criminal
tlials such as those Of Carlyle W. Harris and DR..
Buchanan. The suggestion is made that physicians
be appointed by the State who shall receive compen-
sation whether they testify favorably unfavornbly
to the prosecution. The testimony OF such experts.
Il is argued would be entitled to and would receive
greater consideration in the minds Of Jurors than the
evidence of physicians who are employed on one side
or the other. "The Law Journal pointing out one
OF the principal objections TO this proposition. says
1t would tend toward perpetuating the greatest evil
Of the expert systematic substitution OF opinions OF
professional for the judgment Of the jury
The jurors might believe that experts appointed by
public authority certain TO be impartial and
well qualified, and might give undue weight TO
their opinions. The Government experts would stu
be liable to bias or the effect Of unconscious
influence, and might be led into mistakes. The
present system by which jurors ignorant OF technical
matters bnt having the ordinary experience OF life.
hear differing views and decide ms best they can
seems TO be the rest accused persons and has not
impar Mt IN in anfp sing
laws. Medical experts. under the present system do
not usually vary their opinions so much on account
OF the money involved as because their pride leads
them desire that their opinions originally
expressed are correct and tEey thus color their evi.
dence often unconsciously. Most OF these errors,
however corrected by the good sense OF the jurors
or the fudge and a just decision may be obtained.
Experts called not only on medical questions,
but those affecting real estate the value Of build
ings and many other subjects. II the proposed
system OF Government experts to be Garfield OUT
L would be nsse,Say to appoint no, alone physIcans
give their opinions on The thousand different ques.
lions which constantly arise.
While two of Ncw.yorks ablest lnwyers. James O.
Carter and Frederic r. Couder have been In attend.
ance at thu Behring Sea tribunal another. Joseph II.
Choate has argued with force and ability before
the United States supreme Court to the constitution
atty OF the Chinese Exclusion law. All Of these lead.
OF the bar have sustained the citys reputation In
the various tribunals The president Of the Behriug
compliments praised Mr.. Coudert for his
great ability. velness and humor, lie had ALREADY
praised the high moral tone Of Mr. Carers address, TIE
addresses Of the American lawyers have been the
plement Of each other. the arguing on high gen.
eml principles and the other discussing. with great
keenness and eloquence the evidence In the case Mr.
Choae's speech Wednesday bright and forcible.
A timely article the Chinese question by John
Iasseu Moore appears In the current number OF "Ths
Columbia Law limes.' Professor Moore who Is 20.
pecialy well qualified TO discuss the question reviews
the history Of legislation against the Chinese that
the perusal OF the article enables the reader intc.
gently TO understand the QUESTIONS TO be submitted q
the United states supreme Court.
United States Circuit Judge Taft of Ohio recently
ave u decision holding that the OF passenger
elevators liable carriers Of passengers
The Minnesota supreme Court and the highest court OF
California have within the last few years decided
that to the OF machinery this rule appes ana
Judge Taft extends 1t to liability In other respects
The owners OF elevators win, under this rule be held
10 the highest degree Of care which human foresight
rould suggest The standard Is severe than ms
usually been applied 10 individuals, although In NJ
OLD stage coach days II was enforced against eo6ak
owners