New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-09-02
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

| GATHERED FROM LAWYERS AND AMONo
THE COURTS.
The change in site OF the Court Of General Ses-
sions quietly accomplished asst week. and the
three branches Of the court WI. open their sessions
tomorrow in the Criminal Courts Building.
! Probably no formal ceremonies will this week marx
the occupancy Of the building by the criminal
! courts, although the change is a noteworthy one.
The Old building has been for forty years frequened
by lawyers and some OF the ab.est judges OF past
generations and all the crmina; judges for many
years have he'd cour; within ito was. Recorder
Smvth at the cose OF the ,as trial in the Cd
building. and also in dschargng the August Grand
Jury made appropriate remarks calling attention 70
many years by the criminal courts. Otherwise the
occasion was unmarked. but Il Is probable that st
observed 70 mark the end OF the Old tenancy ana
the beginning Of the new in finer but less historic
SURROUNDINGS
Simon Stevens who died last elk. was so far .
specialist in his Jaw business that his ability ana
success were not appreciated BY many members OF
the bar. On the questions affecting the holding OF
dock property and as to riparian rights, he was the
leading ega. authority in this city. He received
LIBERAL compensation for his work and was con-
suited by some OF the wea.thiest landowners OF
NewYorls. He did public service rarely committed
SESSIONS Grand Jury for as Mr.
had not wide acquaintance in the ranks OF his pro-
fession. but those who knew him found him at
tract!ve In speech and possessing fund OF knowI-
edge on many subjects OUTSIDE o. profesona ones rG
Up to recent date he was sturdy and ROBUST ana
his tall strong figure was noticeable In the streets OF
the city.
The volumes issued as a manual for the Constitu-
tiona Convention contain a large amount OF vl.u-
abe and interesting matter The volume devoted
to sketches and portraits OF the members OF the
convention has recently been delivered to the menu
bers. Two OF the lawyer members were either I'M
wiling to allow their portraits to appear or failed
to furnish them the publishers. and thus have
shown a modesy which is not usually credited to
members Of the profession. The volume Is OF IN,
appearance OF the members OF that dgnihsd body.
1t Is possible that some OF them are not 81 shsy
representative body OF men OF wnom inc
arse' majority Of the membership, need not be
ashamed
The many lawyers who members of the Con-
ventlon have until recently managed to differ with
out bitterness and to restrain to great EXTENT
the tendency much discourse which may nave
arisen from long experience in the courts. There
are signs. however. that the long summer session
OF the Convention had wearing effect upon
the disposition Of some OF members OF the Con-
vention and the debates have become somewhat
more acrimonious. The speeches in the Convention
have been so dignlieJ through the weeks Of warm
TO be hoped that the Convention would continue to
conduct II, business without the uterance OF the
accustomed contests before judges and juries TO
pace 50 many and n then Senne them 10
their labors through the summer months IN a no,
which the members OF the bar to their own honor.
and that Of their profession, have taken advantage
OF on few occasions.
Theodore Baumeister, OF the New-York Bar. has
printed a useful monograph on subject rarely dis
! cissed in law publications. He writes on The Law
! Of New-York as to the SolemIizaton of Marriages
| by Clergymen." Those who perform ceremonial
ties and the pamphlet gives the information neces-
sary to enable a clergyman or priest to Keep within
| the letter of the law and possibly thus to avoid
men sonnet lines forget, for instance, that perform
INK the cUemony II either party to the mar
! able by fine and imprisonment Some of the pro-
visions as to REGISTERING the marriage Ssss w al Se
/ form the ceremony.
THE Forgery OF Worthless Instruments is the
title OF valuable note in the most recent number
OF Lawyers Reports Annotated" As a general rule
forgery can only be committed in signing or in
dorsIng valuable paper. There are cases.
however In which forged instrument would not
| have been OF value II 1t had been genuine ana
yet a person may be convicted OF forgery because
the false writing such as 10 make others DE-
! lleye that It was OF value The number OF cases
| in which the question ayses collected by the an
| noter In the reports Is much larger than might De
supposed. The cases are collected ana arranged
with skill so greatly 10 aid those VINO nave
litgatlons in which the question Of the crminality
OF false signatures TO worthless instruments arises
other valuable notes discuss the statutes against
ticket brokerage 'scalping." questions OF inter-
state commerce. and decisions OF the courts In
reference the pollution Of warehouses; Several
interesting collected In note on the
competency of deaf and dumb persons as wit
nesses The old doctrine that person who Is
born deaf and dumb and blind is incapable OF Under
standing az wanting the to furnish the
human mind with ideas. has been modified In later
years that persons who appear 70 have SUM
Communicate hy signs and the testimony will be
received by judges. The examination IN such cases
art OF reading the sign Language. but frequently
a relative who can understand the witness Wnen
other persons cannot Is allowed 10 act DIS inter-
prefer.
The General Term OF the Fifth Department has
recently discussed in the OF the People against
I.nzey. questions Of interest in criminal law
The Judge allowed child ten years old to testify
and the Court held that the testimony was proper
ly received. the law fixes no precise age within
which children excluded as witnesses The
child In this case appeared 10 be intelligent and to
have been we'll educated. more important ques-
ton arose over the conduct OF the trial judge. He
was Informed while the jury was In the Jury-room
that they had agreed upon verdict He then
entered the room but found that no agreement had
been reached and he turned to leave the ROOM say
ing that he had no RICH. 10 be there without the
counsel. AS he going one Of the jurors asked
what crime was charged against the defendant, and
the Judge looked the complaint and answered
petit larceny The General Term judges review
several cases reported in this State. and declare
the action OF the Judge improper. 1t was said that
the Judge by his acts. had given an opportunity
for the defendant TO suspect that an injustice had
been done him. and Il not necessary for him
to show that he had actually been prejudiced: Ac-
coriing TO a statement made by one OF the jurors
The Judge read the complaint aloud In the jury
room K new trial was granted. In a California
cs,e inst reported a verdict set aside because
the i;ffors were allowed to read newspaper con-
tanning a statement that two OF the Jurors would
probably disagree with their fellows and that
Efforts had been made to corrupt the jury. The
supreme Court OF California criticised the jurors
and the newspaper, and granted a trial to the