New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-26
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMON1
TIE COURTS

,,. ,rauence of lawyers and of the public senti-
nent in favor of maintaining the sacredness OF inc
,aw vas never more strongly felt than al the IT,
oant elections 1t was association OF lawyers
,,b,ch first began the vigorous movement against
r,dse MAYNARD and the great body OF the leSai
rofession was strongly at work against MIN
throughout the canvass. 1t was lawyer VINO long
400 began the attack upon the Brooklyn rihs' anu
who kept public sentiment alive until II was over ,
;brown In Chicago a meeting of the par Irst Pu'
a. domination Judge Gary. who sentenced the An NJ
archists and his reelection was deinanueu " Ia
general sentiment of the bar. uhat IaWyerS , yhnn
Rave much influence on public sentiment VIII
judges to be chosen IS safeg9rh 10 n ee ernest
eaorfs of lawyers have had in other difecu9ls ne
been noticeable in municipal and STATE eiec' t5af
III bench must be kept free from even the sds,
picon of doing has been th9rougnV e
IN the vote cast for judicial candidates As , run:
tho elections have placed both Judges anu ia' ~
on higher plane in the respect ara honor u '"e'
community
Ono Of the most difficult problems which the Cen
raI Term of the Supreme Court has recently rassea
cno, was that presented in the prosecution OF the
sri, of william r. Laidlaw against Russell sage
presiding Justice Van Brunt mentions III ~
num;,er of cases cited by the defendants counsel
IN, holds that no one of those referred 70 apphes
IN the case at bar. There seems to have peeN ho
other suit in which 1t was charged that one nan
hold another as shield before him to prevem'
injuries to his own person Inc 'refersnce to sup
porting authority in Other courts Inc nc N sdlsw
was allied upon to show whether II the posluShs VI
, TSS parties had not been changed by Mr. Sage's
act the injury to Mr. Ladlaw , would GS hav held that
Mr Ladlaw called on TO show thar , ,ne n Nv
POSITION one %, While the General Term holds that the
defendant should establish that fact SINCE IL was
6 6s WHICH Changed the position of Nj Laidaw
in relation to the bomb-thrower.
The other notable decision of the General Term,
that in the Gardner extortion case, was not by
unanimous court. The important matter discussed
does not affect the moral quality of the defendant s
act The question whether an attempt 10 do a thing
which 1t is in fact impossible TO do is crime has
been differently decided in different cases. The
Court of Appeals in a pckpocketing case has held
that the putting of the hand In anothers p9eRet
is or is not anything in the pocket to be taken;
Apparently the present General Term does not
think il a crime to do act with the intent to
obtain money by fear threats where the person
from whom the money was received really had no
fear As the moral turptude would be equally
great in either it is fortunate that the matter
be taken TO the Court OF appeals tor nai ue
cison. SO tnat IL the WrohS was @o'hih''eu IL i'"'
be punished
The legal aspects of hazng are again exciting in
terest as they usually do in the early months of the
college year. Although the college authorities fire.
ouently threaten to bring the cases to the attention
of the courts, the students as usual prefer to
suffer the somewhat diminished evils inflicted by
the upper cassmen rather than TO cause the arrest
Of their tormentors. 1.-The New York Law Journal
calls attention to the frequent instances of law
breaking by students. and thinks that the undue
cultivation Of athletics may have something 10 uo
with the prevalence Of hazng; Judge ALBEIT, tn IN
New-Jersey. recently instructed the Grand Jurors
to investigate the cases OF violence aoS onbcp
case boy told smaller boy that he must preach
pointed ro revolver at his feet The revolver
discharged apparently by accident. but the court
mansaughter If the reckless and cruel acts of the
hazng students could more frequently be punished
iv,,,ri cnp undo
life would be more wholesome.
The evil which a dishonest speculative law
yer does lives long after his death or disgrace.
Weeks and Bedell caused loss principally to ric,
clients or corporations. less noted criminal, JONI
Mulha tr.. a bright young lawyer of the upper part
OF the city, committed suicide several months ago
and it found that he had used the money Of
his clients dishonesty had failed to account Tor I'M
proceeds of some mortgages. and had failed TO rel
cord others Judge Bischof, of the Court OF COM
mon Pleas. recently required TO pass upon IN
questions arising out of one OF the dishonest law
yers transactions. The facts are somewhat compl
Gated, but it appears that there had been an cJ
change of mortgages covering two lots in tn
Twenty-third Ward and one Of Mulhalls client
supposed that 5000 mortgage on one Of the lot
had been cancelled after the payment of tina
amount to the attorney. Muhall acted for bot
parties in the transaction. and it was question
whether the payment to him could be considered
as d pay meHt OF tne SoVU 10 the mortgage Juue'
Bschof holds that the plaintiff must lose th'
whole 5000. the mortgage which he supposed
had been paid was never cancelled The Judge
legal practice in this city by saying: lit is appar-
ent that plaintiffs lamentabe condition is a result
having adverse interests to subserve to select
one and the same attorney or solicitor to represent
all parties in the same transaction. 1t Is unlikely
that Mulhalls fraud or defalcation would have oc-
4 either sx nd hs or had been
duty Of causing their intentions to be carried into
effect at the tme OF the contamination of the sale -
The announcement that the requirements for ad.
mission to the Harvard Law School will be raised
30 that practically only college graduates will take
the of study at that institution has been
universally approved. Some OF the writer's In law
journals believe that 1t would be we'll for some one
institution to establish course where only persons
who have reached the collegiate standard can
pursue in lesiurey manner the study Of legal
theories. but for practical service those who
ambitious to enter legal practice early in life the
proposed change does not meet great favor. 1.-The
Michigan Law Journal" thinks that great scholarly
attainments are not the most important things in
preparing young man for his study of the law
what is sadly needed" THE Journal says sis
some Of that honest pride in preserving the honor
and good name of the profession of the law which
seems to be disappearing with those fine old
school jursts 1t is not the ability to quote Latin
and Greek, or to converse about ancient myths tina
Is going TO raise our profession until IL is again
regarded the 'buwark OF the peoples liberty .
Even in the first ranks OF the profession there are
many lawyers who not college graduates, anC
a large proportion of the industrious and usefu
members Of the bar have had neither the time mol
the money to devote to a collegiate education. Tt
prohibit legal education those who have not hat
college training would be doing great wrong t'
many young men who have struggled through years
of hard work In order to obtain a place In tn,
ranks Of an honored profession.
The whole question of legal education has beer
more widely discussed within the last year than al
any other time. meeting was held at Milwaukee
In August and papers were read by several of the
most noted instructors in law schools The maya
zines devoted legal subjects have contained many
essays on the best methods of instruction. and
several pamphlets have been published on ques
tons OF legal education. The address of Austin
Abbott Of this city, delivered in Milwaukee, has
been the subject Of extended review and comment
and the ease law" and "ant-case law" advocates
have been as prolific and decided as ever be-
fore: The tendency has been to more intelligent
%. L. a44a iza1i af L.