New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-04
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONu
THE COURTS

Judge James Fitzgerald Is the youngest III !''''
and In service the bench among the four Judges Vi
the Court OF General Sessions He has not yet con"
p!etc1 his forty second year. lie was educa'ea
Ireland and in the public schools OF this city io
was CHOSEN to the Assembly in 1873, and ai'er 'i9
service there elected member OF the s'a'c sen
ate. lie admitted to the bar I'm 1851 lie
served Assistant Dstrct-AttOrney under Rahdoipn
u. MARITIME and John Il. Fellows and In 1o"o was
elected Judge OF the Court Of General sessions Ills
personal popularity and the carncsiicss with WHICH
his friends supported him shown by the 1ac' 'n'
he the only successful candidate Oh the ticket oP
posed TO Tammany Hall In that year. While he was
II prosecutor, Assistant Distrct-Attornc Fitzgerald
tried many imp0r'an eases one OF the mos trial
Of these the kOhut ON tuc uHi
Identity OF the woman VINO was Killed. and II per"
necessary TO prove that every other person III uic
large crowded tenemenhouse In which inc ire Mr. Mr.
CURED alive after the bremen arrived .,,,
Fitzgerald with great industry succeeded In sccnrlh
persons in the house other than those who's dea'I
he wished 10 prove. had been seen after The lire VI
the many cases involving questions OF Imp. pe the
murder of Harris a. Smler and the trial OF ~
Henry g. McGonesa accused OF maiprnc, nsscs baHs
been approved by the higher courts. judge fltz-
faculty for The clear, sncclnct statement Of case.
His charges models Of judicial STYLE and he Is en-
bed to condense The history OF case 50 grea bave
been exceedingly brf f.. M IS as aT treat fr
in imposing sentences, always causing close invest,
CATION TO &c made as 70 the previous character OF
those convicted before him.
Tomorrow IS the beginning Of the last term before
the long summer vacation. and 1t Is probable that
both Judges and lawyers will hurry through the re-
manning few weeks of, the court year with as little
labor rs possible. Many lawyers think that the last
month has been less busy than May usually Is In the
trial courts. The Appellate Courts have been busiy
tl,niv nd plo1r
usual The United states Circuit Court OF Appeals
has maintained It's usual record for finishing up It's
business completely before taking the summer recess:
The General Terms of the several courts have also
Kept well up with the business before them. The
jury calendars in some Of the civ courts nrr nIw
ever large. and the fault appears to lie largely win
the attorneys themselves In The criminal courts th
number Of cases undispossd OF rn ,cT ' cW
prison for trial In the summer terms Inc az
traction of the crowds at The Chicago Far appears 10
be great enough 10 draw away many mtnibeTs VI INC
criminal classes from their usual haunts
a. Oakley Hall, formerly DlstrictAttorney and
Mayor of this city, and now an active practitioner
Of the law here. contributes TO the May number OF
The Green Bag, Il valuable paper on English ana
American Bar in Contrast Mr.. Hall practscd his
profession In London for several years ana In ms
dly for many years. and Is enabled to write WIN
unusual knowledge on this subject. He shows how
greatly crcumocuton and formali,y affect the pro-
fcsson in England Increasing the cost OF legal pro
clients Mr. Hall has not by any means lost his pa
riosm by his long residence abroad. and the con
rasts are almost entirely favorable TO tho American
methods. The awkwardncss OF the English system
Of allowing the clients to communicate with the cou-
sci conducting his only through the intermediary
OF solicitor has often been commented on but Mr..
Hail goes further ana considers the American advo-
cate not only as more fortunate In the system which
he adopts. but as superior to NE Ene,isn RnrTs h u,
f.. il "a
pres sed with a ceremonial sense; lie cannot run his
fingers oaresslngly through ~, mar ana at u ueS MS
brain. Occasionally his gown seems To- nave lhe
effect OF a strait jacket. sense OF etiquette app'',a
often To act as a species Of bearing or curb rem 10
his movements lie Is apt to show realization that
he Is actor made up and that the lnige Is me
She pro.nTIcr or stage al the wing, ana tha
the twelve form an audience 70 be pleased ra,her
to be convinced lie wrestes WIN ms rneopi
feel that lie Is mcr. conduit Or ionl
barrlsers and O. c. seem in some particular to hc
sensible that they actors bred IN the same scooi
hibt similar pcculiares. In fine. the schooling OF
me English bench and bar tends toward inoho,ony
and ariifciaty while the schooling Of the American
bar tends toward freedom and natnraness In thought
and speech and to general behavior that IS iet-
pl atu o' Sp re- by high sense Of duty
The MAY number Of "The Green Bag contains also
an article on the supreme Court Of Tennessee under
the constitution Of 1870, carefully written sketch Of
Associate Justice Howell +. Jackson, Of the United
states Supreme Court and other articles OF In
,crcst There are portraits Of Judge Jackson and OF
some OF Tcnnessee's supreme Cour; Judges Of
the last twenty yenrs. There Is careful selection
Of cases on the odd humorous phases OF the law
If il note that the Massachusetts, supreme Court has
held that a law providing that wagons from which
oeomargarine Is sold must bear placars on me sues
on the inside OF the wagon. II is held In Virginia
that dispute between baseball players does nov )usti
fy the captain Of one nine In killing the captain OF
though The Court does not 60 so lar as 10
say that both captains may not join In lulling the
ported stallion is held in Michigan 10 be SANDER for
which the owner may recover.
The annual coxnmon cement season at the law
| schools has begun, and many new degrees have al
| ready been conferred. The committee on eXanina
tions has announced that 1t will meet OIL June IL
and all applicants for admission TO the bar must Me
on Most before s he nea s cnpo hSt G
successful scaso and the number OF graduates VIII
| be large.
The English law journals have been considerably
Interested in the litigation In this country concerning
| the right to publish the Encyclopaedia Brannica
containing some articles by American writer's "Ihe
| Law Journal" OF London quotes In fun the reccn,
opinion of Judge Townsend, In the United states Cir
clit Court In this city. II refers b. the opinion rs
Of great legal and general Interest ana ADS But
sends opinion Is the ieanng which the Initiated can
in IL on The part Of the american courts G~nrS
L IL
| in regard TO foreigners
Vermont is one OF the few States in which 1t has
been held that the jurors were judges Of the law as
well a. Of the facts IN criminal cases. For nearly
sixty years there have been decisions by the higher
court OF the state in which directions By the trial
Judges that the jury judges OF the law and OF the
fact have been sustained. In almost every other
State OF the Union, and In most English speaking
Countries the juror, have been considered the judges
/ plv nd he hay tppu called
upon 10 decide as 10 all matters Of The supreme
| Court OF Vermont In recent decision has carefully
reviewed the decisions In that state. we'll the
who'll. history under the English and American dccis-
ions of the relative duties Of Judges ana jurors In
criminal cases. OF course soon the judges con
cluded to disregard the apparent mass OF precedcns
i'm their own state, the reasoning was easy and con
cInsive leading To the opinion that jurors not
| the paramount judges Of the law. Judge Thompson,
who writes the opinion, supposes case In which The
| nry think that ihe Court has erred In It's statement
| Of law. pebarrcd from access 10 law books OF an