New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-19

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JUDGE JOHN CLINTON GRAY.
Judge Gray when appointed to the Court Of Appe.A
In January 1888, when the youngest member a The,
| Court. lie had been for many years engaged m
practice In this city. His work as a lawyer v.s
principally In consulting and other Office work ana
| In acting referee. He had been appointed "A
referee by the Judges Of the Supreme Court In m,pv
important matters and hts experience fitted him n.
| judicial place. The petition for his appointment
by Governor Hill signed by the Supreme Con,
Judges and the Judges OF other courts in this c,v
and BY prominent lawyers without regard to polite.
Judge Gray was elected I'm November, 1885, for term
OF fourteen years beginning With the following January
HIS plurality In New-York City was 10000 create,
than that Of President Cleveland aad 1000 create.
than that Of Governor I'LL, who were candidates a,
| the same election since his elevation 10 the b.nch
Judge Gray has written many opinions In important
cases, showing clear ana f0rcible style and great
fairness In weighing opposing arguments His ltss.
Important opinion was thit In the case Of CARLYLE W.
Harris. the convicted murderer The Statement a.
facts contained In the opinion was an able and con-
,ncing condensation OF the testimony covering bun
dreds OF pages which was before the Court II rendere1
liarriss guilt clearer that any other Or sentaton q.
the facts except Mr.. Wclman's remarkable addross
at me trial Among other important cases In which
cuat uray mas written opinions are the Hoyt win
against IN. Elevated Railroad Company in which iSSs
vannny OF the leases Of the subordinate roads to the
Manhattan Company was upheld, and tho oloc,oo
cases Of 1891 in which he wrote one OF the on,nar
concurred In by the Other Judges, and one Of the
several opinion, in another Ills opinions oe
questions Of commercial law have been Of en ~
| value. 70 ''ivets
Inc Court OF Appeals decisions for the weck IN,
| clude the settlement Of the Denton and voI,., -,
c'S's WHICH iai occupied much Of the attention ~
tne juaso' OF lover courts for few years past. In
the Mellcn case alone there are six or crb, rono,s
i ht
oP'mohs D! the court on one or another branch NJ
| the litigation. The Court affirmed ia, iuacuon, =,
| the case Of Evan Jones against Morc,n yn. =.
reversed That IN the application OF Rosae Wbimorss
a as,,dn me 'las OF Taryown arising out Of the
| OF the property Of the plaintiff. '-''1 !" i''s''
E. b. WNitney. who has been selected os Assist.
ant Attorney General Of the United States Is wor,
known among The members Of the Bar Of New yor.
lie has been In practice for twelve or thirteen vears
and through his family associates and his updoubted
ability has secured a considerable practice 3Ie has ,
been active in public affairs and has taken mar, g.,
several reform movements. lie Is not a membsr ~
any political organization except OF clubs I.v,o.s
u u, pohucal leaning. Anon, the younger members
OF The Bar. who have been his ASSOCIATES. his an
poiitment was popular one.
David Dudley Field has presented a set Of hh
principal cases and arguments bound in ffty.eisht
volumes, TO the state Library Of Connecticut Tho
Albany Law Journal In commenting upon the gift.
says that the volumes should repose in the library
OF the State whore most OF the arguments were de-
lvercd. and refers to the action OF Charles oConor
who presented his eighty volumes Of cases arguments
and opinions TO Il Newlork City library The Jour.
nal,' however makes the mistake Of saying that Mr.
OConors gift was to the New-York City Bar Asso-
citation. Mr.. OConor presented the volumes TO the
Law Institute OF this city, and they now form Q
part OF the valuable collection contained In the upper
floors of the fostoice building. There is separate
set OF shelves devoted to these volumes. and that
compartment Of the library is marked with the name
OF Mr.. oC0nor. Mr. Field born in Connecticut.
Almost all his active Efe has been passed in this
state II Is 10 BE- hoped that he has another set
Of his printed cases and arguments and that be
VIII present them as Mr. C'Ccnor did to an Important
library of tue state and city where his name i best
KNOWN and whore most OF his intimate associates
AT the Bar reside.
The duty which Recorder Smyth called upon
to perform last week was one OF the most serious
which could fall 10 the lot Of judicial oiicer. ~
there is appeal from the decision In such mates.
the Judge is required 10 take action that may finally
decide TO the life of accused person. The
opinion In which the Recorder expressed his views
contained careful review OF the case and an ex'
haustive examination OF the evidence on which .
pectcd by those VINO had known the contents Of the
aihdaNlts presented In court.
The question OF granting new trials on the ground
the civ coarts In number OF recently 10
two eases now before the General Term for decision,
the application for new trial is TO be considered
In the case OF Parker against the CITY, the Judge
used his discretion in granting a new trial. and an
appeal from that decision was taken. In The case o.
Lena Finetc against Alexander Finee In the same
Court, motion for new trial on similar GROUNDS
was denied. Both were argued q few dAv
ago. The General Term in the recent case =
George =. Uppngton against John Keenan, grantee
new trial, and laid down proposition which my
have important bearing on other cases awaluas
decision. me statement OF the General Term
that WAS that the granting or withholding ~
privilege of new trial Would depend largely on ~, ~
regularity OF the case. and on The Strength OF ~
evidence which the judgment had been lounaeS.
This method OF dccidins such applications r ,qars
ton against Keenan, the General Term found that -
evidence was SO slight and OF such peculiar nA'N'
that the verdict was quickly set aside
The High Court OF Judiciary In England has A'sv
been attempting to determine the meaning OF
word traveller" Innkeepcrs have the right 10 ~
nish beverages OF an intoxicating character 10 ".
cllcrs on Sunday. but not to other customers ~
attempt was made TO determine just what traV0
was by passing law excluding from the dehnu0a
traveller all WHO had not on the previous 10
slept three miles distant from the place whee !.
ucuors We're furnished In the forbidden ho"S
has been found however, that thirsty resden's 4.
city especially In England, where pedestrian
pop,lar are not avcrse 10 II SIX or seven m =, az
ON a sunday morning where there Is p'0sr.,soA
obtaining the desired liquid refreshmen'. III lid
case a number OF residents OF Northampton ,n.
out TO a pubchouse three and quarter HE -.rs
the city, and obtained beer, saying Una. Wv. .,hes
travellers, There was no evidence TO show Wiz. o.
the citizens were simply out to enjoy wn q
whether they took the trip Tor the so rim, facts,
held That the nnkccper net justiiea ~ nnoa tbs
hs.r IN the men Tie Justices then ealltu "rrhsthef
iaro1 ,mdces of the High Court To ascertain W. mid
they were Fight in their Judgment. Inc ,, evidence
mai they were correct. concluding ,nas a, An go0l
h"d satisfied them that the men We're ho' the for.
faith travellers, but simply sear,hers aic' Wv
hidden inoXicanis.