New-York tribune., 1894-04-15
PART III.
PAGES 10 TO 2o.
FROM BENCH AND BAR.
yrRED FROM LAWYERS AND AMONG
w THE COURTS.

caeu ,,ods were diverse. No greater contrast
ana - IMAGINED than that between the tall COM
e0u' ,ss form Of Mr.. Field and the short. stout
usn'"s comical figure of Mr.. Graham. Twenty
ina 200 however, these lawyers were working
year, in behalf Of William NJ. Tweed. and
pgetases first trial in January, 1873, the names of
TweeSs and Mr.. Graham led the long list of the
yr Fer, counsel Mr.. Field was afterward more
dsienuamnt In the Tweed civil suits and Mr. Graham
prolnlhe.i e.i,oinal actions. Mr.. Field and Mr. Graham
the cor wears before their death the oldest living
sss. s of the Law Institute and alike held
s.i society in high regard Mr. Pned last year
rfsenss law rcformer. including reports OF the
c9msh c9mnnhsm thought. SO highly of the institute
" ~ ~ retained his membership when he separated
AMW from every other association. and was IRE
tnssr an attendant at the meetings OF the Institute
ssen.Hr wears the two lawyers had little IN common
,ssIr I practice, Mr.. Graham continuing to pursue
be ant,reIv 10 constitutional law and TO the law
iss,ns i%SSs which were dear to his heart
o.r,iarities Of John Graham have made
u" ,,s subject Of comment among those who
hm h,m casually in the latter part of his
ns' ,, he had talents and virtues which were
NV rarent IN recent years, but which were rec
,.as nv older lawyers who knew him when he
@n ,he height of his success. lie was faithful
s. c,en.s and unwearied in his devotion to their
W Ne was not deferred by fear of judicial
en e1uy AZ bv any other motive from doing every
e' g, his mower for the success of the cause In
~ .ss no was enlisted. His eioquence and vigor
"xa, less noticeable in the later trials in which
.. NV engaged In the trial of General Sckles on
y. .h.rge Of murder his two days speech made
~ -, sensation. II filed with quotations
...n Shakespeare the Bible. historical works and
n hooks II was principally devoted TO a bold
- % show that a man had the legal as well as
..,l 'A rqbt TO Kill the man who had destroyed
~ 1 sore The speech was plausible throughout. in
So. r.r,s was affecting and in others extremely
s.,a, He contributed largely TO the acquittal OF
zeal sickles. Mr.. Graham began his career OF
S..vinsnce so early that he was supposed by most
lawyers to be much older than the recordS ds snow
slm' to have been He finished a college course a,
s,,ssn az wears OF age. one or his most prominent
chsracteristcs IN MS nterG9urse W'n & nS dn on
msnooeues and require only the encouragcmeNt OF
he nod word o; aPpr2ya IN bs MJ Jomcanor 10 10
s issm nv however violent he may at times nave been
he trial Of his causes MS Qaliues oi manu- h
Ssnsad belief among some o' nose VINO iltt mn, MN
x &c intellect was less vigorous in his later years
than in his earlier day. "UHa o,Fc ID a. an I'M nm
srsss that was somewhat startling. some OF ms
neular manners may have been as-uIntt 'Cr ei'e.t'
Es was the Oldest member OF ths Id" i's'''"'V' "a
ran, David Dudley Fled.
q, o.har LAWYERS whose death was announced
las, week Mr. Cram known as a lawyer only
~ The older members Of the profession ana AZ.
Mosher member OF the n renrs
ion aro but Ike Orlando B Potter ana others re-
tired from practice after having acqulreb
ps'ency; M r.ctiC nrjncipaiiy lay 1t is proof OF
the changing condition among members ol the nar
mans lna, ~. IN General practice who seldom have oc-
easion TO visit the Admiralty courts.
o,a ~ the cases decided by the Court OF Appeals
last week is Of interest on the question OF the
proper basis for fixing attorneys fees Safnue'
H. Randall, who has been practising lawyer j."
this city for many years sought 10 recover the
amount Of the fees which he alleged were due 10
him for services rendered 10 George w FacHaro
Mr. Packard had subscribed TO large amount OF
the stock of the Perry Stove Company. and was after
ward anxious TO be relieved from his subscription
He applied 10 Mr. Randall and after many consul-
vcons and some correspondence. the subscription
vas cancelled and some property which had peeh
s,ped over 10 the stove company was returned 10
" Packard. Mr.. Randall received a retaining Zee
dtW and other sums amounting IN all 70 s-'V'
hrnght suit for s23 OoO declaring that Mr.. PACK
rM expressed himself willing TO pay $-o'co''
sl Tat his services were worth that amount ne
kxssn al work IN the case for about three months
H scured the testimony OF three elderly members
Il he bar who declared that the services were
vxh tS.G0o On the other hand. Hamilton ha'''S
ini Simon ". Rosen1ale. Of Albany. both oi Whoh
bad been consulted regarding some aspects OF 'ne
ae and John " Scribner. William j. GURUS anu
Ispb " Miller of this city, who are We l-khoWII WI
members Of the bar declared tnat Mr., Kandai! $
xyices not worth more than <zsvt S S3iHe ol
sred thai he had saved his client $1,000. w2ch
Otherwise he would have lost. the com -.
sss1i.s N vel H. hay 6sen m0F6 c 'nhn IN Edition to hs
Sse which he had previously Fece'S3,1' az c,d,,r,e
verdict has been sustained by the Appeiate Coul
The Court o. Appeals has also afhrmtd the o'ue !
eny!ng the motion Tor a new trial. based on the
ES:na that M Randa had comtel %e.s R?!sy yoa IN
eyg dsbarred In Boston" and answered. NsVeI; St,c,
An order Of court produced, mace IN - NI
Sry years ago in which Judge .irec'e&p A. tncS rts ~
Randall be noi allowed 10 practise wv ne oour ro,
heA that as SIR. Randall declared that ms was nOl
without perjury. 50 large fee for service,
covering only few months is not o,tsn opeai,e e har
TIE number Of decisions rendered by the Court
Appeals last week was unusually large. though
me Easter vacation has not been a long one Inv
Court IN about a dozen affirmed the judgments
Empty on the opinions rendered in the lower coui 'S
Ihe opinions recently written in the Court o. AP'
s have been much shorter than IN the ereat in
las Of the Court. and the evidence ot siitans
eeasry shown By the large number OF ueG'sioiis i
s week gives promise that cases VII endy noo ne as
hse1 TO accumulate on the calendar as rapiuiy d.
las been feared
The New-York Law Journal strikes another
eow at the useless litigation in an editorial headed
Aulsh Lltlgousness" The numerous decisions by
ne appellate courts refusing 90 disturb verdictr
unere only questions OF fact were at Issue are re-
TERED as proof OF the useessness OF multiplying
TpNaa' "htn no important pu'HliOh9 VI
Be decided The General Term OF the Court OF
common Pleas refused TO allow an appeal to the
o'uft Of Appeals recently In case involving ies'
uan uan No, and in which legal question was IN.
Nsea The fact that the application was Hau'
sna tina, the attorneys were anxious to have thr
ssse taken to the highest court Of the state SHOVE
a. "a they scarcely knew when they were beaten
rnb strength Of purpose may he commentator
,aeie the issues involved important. but ht!ga
~, nm lot the sake Of litgatng is so expensive a lux
80 and Involves so much delay In courts ALREADY
ssIelenty busy that for the sake OF the community
large. as well OF the persons whose time ano
discouraged
AAs book publishers ar a rule fairly prosperous
~H 10 difficult TO believe that their profits can b.
Arge now In the earlier days Of ega! hiera
are Law books published on the smailes; sub
'slons OF legal principles. a two-volume wori
ehattel mortgages. and one Of equal size on en
.s''oinary reliefs. s. book on tax titles. ant
ae's almost equally expensive on water rights
~asi-contracts. subrogation and collateral attacks