New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-18

JUDGE JAMES FITZGERALD.
high esteem OF the lawyers who practise before
him.
Judge Fitzgerald is entering upon his fourth year
Of service on the bench. lie Is somewhat over forty
years old and has been In public life since he was
Twenty-Five years old He was member of the
Assembly in 1879 was elected To the Senate in 1881
and was Assistant Dstrct-Attorney under Judge
MARITIME dna oeT and his ces and Industry
have made him one Of the best elGipped Ifil ir
and forcbie and his language is often eloquent. He
is favorite in social circles and Is Inuch soughe
after after-dnner speaker. lie is one OF the
youngest judges of court OF record IN THIS CITY,
Sir James Fitzjames stephen. who died last week
had an international reputation for his work in
law reform. aside from his high standing as
Judge His works on evidence and criminal law
are standard authorities and his Commentaries
are among the most important volumes used in the
study Of law in England. While he was member
of the Council OF the Government Of India he pre-
pared one Of the most complete codes which was
eyer adopted in any country. David Dudley Field.
Of this city. is the only Englsh-speaking lawyer
with a wider reputation a codNer. Judge Stephen
had peculiarly stern and abrupt manner, and was
generally considered as a harsh judge by those
who only specifically knew him. He had 1t is
said. a really kind nature. which was concealed
under a repellent manner. Montagu Williams In
his "reminiscences tells Of kindly act by Justice
Stephen in descending from the bench and going
to the counsel table to listen to Mr.. Williams while
that great advocate was suffering from the weak
ness of the throa, which afterward caused his re-
tircmrnt from the bar Justice stephens conduct
I'm the Maybrlck trial caused unfavorabe
comment. which was increased by the Vioent at
t1cks Of som" OF Mrs Maybrick's friends. \ ques
ton finally put in Parliament tending 10 throw
doubt upon Justice stephens sanity. and sugges-
tons made that a request for his removal
would be offered in the House of Commons Justice
stephen. under the pressure OF these attacks. al
though declaring that he yet able to fulfil the
isai -, the roInd ~ I'm ba,Iib rb rce,e II, pbe
courtroom when the great jurist bade farewell 10
affecting Justice stephen had n remarkab by
and forcibe style of writing His short state
deasaiion while expressing fully the exact prin-
cples laid down. His judicial opinions were clear
and convincing.
chief Justice George W. Stone. Of the Alabama
Supreme Court. was. until his death las; week
Of the Oldest active members of the judiciary. He
over eighty-two years old at the time OF his
death. His first appointment the Bench dated
back fifty years. The state reports show how
great was his industry Even among the latest
reported decisions hs opinions more numerous
than those Of Of the other Judges Among
tho latest OF his reported opinions is that in which
ne decided the effect Of the repeal Of statute
on the same day on which a judgment pro-
nouncel in proceedings begun under that statute.
\ county candidate having the rural name of Tur-
nipSeel the contestant in an election case.
The successful candidate. bearing the more com
complaint. which was sustained by the lower court,
on February TO- lN2. on the same day the GOV
crnor approved new election law containing other
provisions as to the contests over offices. Cher
Justice Stone carefully reviewed large number OF
opinion that the law approved on February TO- 1892
repealed the former statute and the eno: o the u-
lucky TurnIpseed was fruitless Under the rule
/ that the law does not regard fraction Of a day
the new statute was in force for the whole Of Feb
/ ruarv IT, and. consequently At the time when the
Judgment WAS rendered under the earlier law
Few decisions were rendered las' week by the
Court 81 Appeals and the cases We" not Of grea;
pubic interest Questions rs to the sufhcicncy or
titles in the transfer of real estate among the
more important matters decided. The number OF
! decisions rendered each week is considerably
less than the sessions last fall. and the cases
ON the calendars unless the Constitutional Conven-
ton and the Legislature give relief to The court
The growing comfy between the courts as to
matters which have already been passed upon by
one judge has been several times illustrated re-
Gently. Judge Fitzsmons, Of the CITY Court
granted last week an application for change OF
name which had been previously denied by Judge
Pryor Of the Cour; of Common Pleas When his
attention VAS called the fact that the application
had been once denied by the judge of another court
Judge Fl,zsimons at once resclnded his order
and called the attorney before him to explain his
conduct in falling to that the previous applica-
| tlon had been made When the stay Of proceedings
/ In the McKane case had beer denied by Justice
Culen OF the supreme Court. the applications
r1ade 10 other supreme Court Justices in various
parts Of the State were uniformly denied. although
n few years ago such applications unLor similar
/ circumstances were frequently granted Inc hlted
states Judges. notably Judge lac0mDe. nave ire,
Guenty criticised applications for me STAYS anu anu
wrs ~ habeas corpus made TO review the action
of her Judges If resnect for The decisions ~ the
courts is to b. maintained among the public AZ large
| Ii IL essential that the Judges themselves Shou!i
he cautious I'm undoing the work Of other judges OF
| equal mr tqlct!on with their own. This feeling
seems to have animated most Of the JUDGES VINO
| have recently considered applications previously
made to other judges.