New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-21

RUSSELL NJ WING. JUDGE RICHARD STAN.
LEY TUTHiLI.
The most widely known Of the lawyers engaged In
the Coughlin case is ex-Judge Russell NJ. Wing. who
was also counsel for the defence in the first Cronin
murder case. He formerly judge OF the County
Court of Kendall County, The PROSECUTION is con-
Bottum Is an Assistant states Attorney lie vas
one time member OF the we-known Arm OF
SWEET Grosscup q SWEET While the trlai has
important; legal points decided has not been large.
The most ruling ing by m roc ~as
sprators. not trial. made after the consnmra-
Sa 90 general sne rns is that emony as to
tions Of co-conspirators is allowed only when the
n weT u hed h ans @@i The
stances OF the case such testimony could be az.
bit to establish the fact that the murder COM
mitted by some one The prosecution enfeayoren 10
SHOW not that Coughlin did the act Of killing. but
that he took part In the conspiracy n aa nee
killing Judge Tuth held that the s,ate must
prove that or more Of the other defendants
Of those other persons might be admitted TO show
that they committed the murder
The meeting OF the State Bar Association this
year has been more interesting than usual. and the
reports OF the officers show that there has been q
considerable increase in membership. The New
York Bar Association like that Of many OF tho
other States has until recently been an unimportant
factor in advancing the legal profession Within
two or three years. however. the suggestions made
at the Bar Association meetings have had consid
cradle influence legislation The social gather
ings incident TO the meetings were well attended.
and the change from the old-fashoned annual din
ner. which was practically the only attraction OF
the annual meetings formerly held to the present
varied programme has worked well In practice
Earnest efforts to be made to increase the
membership OF the association and lawyers OF this
city especially will be urged to become MEMBERS
had their due share in the work Of the association
II the past The rsaI meaning ee ns ~ork OF the
sp Speeches, made at the nesting Of the association.
T eced H aeo OF action OF
vancing rapidly and quietly through tne meu'u UNI
9 Form The of snes Statutes 0 some Of the principles Of
law scattered through session laws and reports TO
f pSs 'f Dudley Field ens woed but
obtain The efforts Of the association are again ~,
admission the bar. and system OF appe;iate
tribunals under which delays in litigation VIII De
less frequent.
The Cour, Of Appeals began its session last week.
having for the frs, time in TWO years fun oencn
Of elected judges The successive vacancies caused
by the death % Chief Judge Ruger and the pro-
motion Of Judge Andrews operated 10 keep Judge
Maynard on the bench beyond the usual term or
appointed judges. The court as row constituted Is
so divided politically that one party VIII be likely
Chief Judge Andrews and Judge Finch have served
so long on tha bench and their ability is so gener-
ally recognized that they have great influence IN
the decision Of important cases They. with Judge
Bartlett. form a strong minority or the JUDGES
Judge peckham the chief Of the Democratic Judges
in ability and excepting Judge Earl. who will soon
retire the Oldest Of the members elected by his
pto r r,s bnrrh az now Constituted may be re-
garded as unusually able. even for tnat trpuna'
and the court will undoubtedly remain as the via.
itors a, the Bar Association meeting declared tnat
II long had been-second only 10 me supreme ,outt
decisions we're regarded by he members OF the pro-
fessiOn throughout the country.
The number OF decisions given by the Court OF
Appeals last week showed that the Judges had been
busv occupled in the holiday season Several OF
the decisions were In accident cases and the tudg-
menis OF the lower courts were generally anirmea'
The afirnance Of the conviction OF william Is.
Hayes tried before Judge MARITIME for perjury VIII
do away with the fiction which had a strong hoih
on the minds OF many intelligent lawyers that no
charge OF perjury committed in the course OF civil
suit could be tried until the civil case was decided
The case against Hayes closely tried bYt no
errors found in the long trial Inc 'sISe
swearing by Hayes was in an affidavit on motion
10 open a default which had been taken aSaihslt
him II is an unfortunate fact that perjury on sicn
motions Is by no means uncommon. ana lawssLrs
belief that the motion would be easily granted ana
nothing more heard of the false affidavit IL m ,a
telling the truth motions before the JUDGES
wiz be Of srv Se to TSasay nars by the
unfair action OF their less scrupulous opponents
The jurisdiction OF the courts OF one State 10 try
a case arising from injury inflicted In anotner
state when death occurs in the State In when inc
action is brought. has been again considered re-
Gently In the Pennsylvania Supreme Court At.er
the great "bizzard'' of March. 1855. the superin-
tendent Of OF the divisions Of the Lehlgh Na"ey
Railroad sent word TO the master mechanic n.
South Easton. asking that al the men VINO couu
be spared be sent 10 shovel out the cuts aiohs 'e
road One OF the engines sent ran into driit OK
snow in New-Jersey and was overturned ana one vi
the engineers suffered injuries from when ne at'er-
ward died In a Pennsy varla hospital Inc feh"-
syvania supreme Court had once before deciueu nat
where the injury took place In one state anu ''e
1o,h In an another the suit must be brought IN tho
State in which The injury took place IN 'hs 49,
however the lawyers sought 20 show that tie nss
gence charged against the coinpans wds omt IN
ted Pennsylvania in ordering tne s"s,ns NV -
N dangerous condition OF the roac, ana that -
me net, ,nb hn brought there The Supreme Court
has decided that there was no negligence So.Nl'io
in giving the orders IN sNgnser Who was him
self familiar with the facts. to mold the to" Tu
responsible for the INJURY WIN" o "
Jersey.
New rules adopted by the Supreme Court OF JuuI-
cature went into effect in England on January ..
The council OF Judges reported In July, l%2 tnas
changes in procedure necessary, put Il i"'sv
part of the reform suggested has been deferred u"
III some later time The changes now inaue are NV
radical but tend toward simplicity In procedure
All of the English law journals discuss the changes
in the rules but there is some difference OF oph'o"
as to whether the rules will be as enec,Ne a.
had been expected in enabling LAWYERS 10 pssut
more rapidly or easily In their cases me pr'sehns
English system Is exceedingly cumbrous, from uns
Viewpoint of lawyers accustomed 20 the proS,,.nsS
in this State There has been considerable prosressss
toward simpler methods OF practice wiinih twem s
wears hut many additional changes Will De nec.s
ssTv before the procedure will become SHY COM
prehensble and simple In practice