New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-26
FROM BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN
THE COURTS

| q GATHERED aMO.>p 40 " '''N'' -''''O
THE COURTS.
r, ,hi,cs concerning the latest decision Of the
co,a court IN the income tax cases remain un-
s.i1 one noteworthy fact is that the influence %
association and environment was more ciearH
o,ifes, IN the later opinions Of the judges. Both
of the justices representing the Eastern ana Mune
STATES where the tax is particularly unpopular Nv"
cided against it's validity, while the three Justices
Amounted from the South were In favor OF the la"
,hicb has many supporters in that part OF the
country Justice Field though representing the eN-
r,a weet is an Eastern man by birth. early as
.oo,a,tors and family connections and the same Is
tre TO some extent OF his nephew. Justice brewer
Chief Justice Fuller from the important co'''i'o'
ciai centre. Chicago. vas against Inc ia"' anu ~
tho case of Justice Brown alone personal chai''
,.r,s,lcs were perhaps more evident factors thah
education and association In reaching 4 neC'slo"'
,rha nrofessional success OF Mr.. Choatc ana MT.
Guthrie is an especial cause of congratnatloh 10
the New-York Bar Nj. 'hoates pos'"o" ~
har OF this city was sufficiently we'll assured '"
his brilliancy and power were never better "'9''"'
than I'm his arguments in the income TAX '"s'S'
Mr. Guthrie has obtained at once by ms argument,
I'm This singh. case a leading place in the esteem VI
,b. ,rof.ssion lie had devoted "A great amount u
labor 10 investigation and preparations al"
thorough master Of every argument III '''o' ~
cause which ne upheld. His addresses We're MAJ NJ"
ri,b ingenuity of reasoning clearness OF statement
cistes attributed 10 him much OF IN" success
was ATTAINED To have changed tho opinion OF o''
OF the iustices OF the Supreme Court ana 10 nav
secured a Judgment in apparent oppoSi'o" 10 ''o''
rendered 10y the Court in previous c'SrS
rnarkable victory secured By members oil the ~"
York Bar
!, T. frequently said that the difficulty In obtain
ing Jurors to try important criminal cases j" '"'
c,untrv il due to the fact that newspapers are '"
,,rrel hv all intelligent men. The great IN
element caused In London by the WINE
does not seem under the laws there "''''N
MAX. II difficult to obtain a Jury 10 Try INV "
which he is defendant The Obtaining oi jury - ~
,v.nidcsn, an incident in ,he trial OF IN" case III
the English courts that the Geographic "'SP''"'
scarcely mention any fac, relating to mat Pa'' %
a., ,r,,, rh number Of challenge Is small ana
,.r.nn,orv challenges are nfiequenilN ie>"'''u -
Vet , verdict WAS secured even In 20 rf''I''''' anu
perplrxine a case a. that OF the ll'h"''"
and disagreemcni- are isi" even J" ~" .,
uort,ni criminal trials. In addition to the
,,1, n,,u,se1 by lawyers 20 cure m" detects III
m. ilrv LtN shown IA the MrlAhEh"" 49, '
,,ner imroriant MAS in this city. the s"sf'S''"
- mad. maj I'M. number o. p'r'mpi'l> 'h'""hf'S
.rov,, 10 each side be largely reduced Jury S,'""N
annears 10 have been i'S' '''''"
,h- later Mclaughlin trial than ~ inc i'' "'' '''
~. fact mat the number Of l'i'inp'"iF '"'''-
smaller L. one i'iT'l' ''' W
,,,.n .rh one-,ionlug ~ 20 he intellectual '''""
,,. ,, nir,rs VA -Dncw nat United "n ih" pi'''"t
,,,. T. h.. e.n,fa, con elei mat business mo" ''
-. o,,.llic.,.e make better iuf'f- man me-"
81 the kc,nc-, Intellect ana nfn'e' ''"''"'"
m. CONT 90 Appeal d'' 'I'd '''l w."
-, ..,.,,l .eellnr accident cases Nii'' '''''
co.. .rulo,.i b., OBJ, scam i''s' '"''''"
',..,.',, ,,. AZ wufR lu 800 upr'' story "i 'N'
.,,,.s building when R IRE broke "'' '"'
or,..,n,.. proved irsunlr"ui :" 80 'i' '"' SUE
-, all ~ tho woikn,u. below ih' potion" ' W
~ ,te fire. ,r.aprs ~as space "'N i".'
~, a., uniform johnson. in dropping 'i''
'''' I'M, dit rot iunl ou iA. ri"i'ru h''
, &c., ,h head ~ . chute H.'l fof arriving
,.,t.l from or, part ~ fhe hullIiNE p" ''''''.
rho IRE escapes. Boz spite ~ '''i '"'''' W
n,, h..n approved bog o." Factory l''i''.'' '''.
o, hcg,u = sulf against ih" conn 'hf "
,a. ~, Injuries caused hV h.- itu hi" ih'
lit, IN his favor has u''n -Iafiin'i
49, 49,. cour, ,f Appeals The san" court sf'i'''
, ,rt.l IN III. case - Haskell II M"i"-
a,,tns, the Rochester Railway COMPANY no.
,,,t,,l0 "A boy Of eleven years, Ma ''"'' cd" -
driver 10 ala him In getting ''i 'i'" '"'" '''
,lac. 70 which It had been driven. Ih" n'' va
va. , pan,r. the ear for IL short distance. bat
H., hoy. n,mu.d ola ana began TO phg1' MA'hs
and IN rock the car. the driver finally frightened
away the hoys. and 10 Jumping from 10" car 'n''
,ostled against Marks ana De- i'll. 'i'"N''s h''
l.g TN. company was not h'll f"-I''n-ih'' '"i inc
.t,.,t under the opiLon 81 ID" court ~ NJ
,.,ls \ verdict iu favor ~ frhH $500 warn
avains, the town % Glboa ~ns sustained N'''
80 .,,,,,py , f.s,ic@. horse. when ran To or"
side O, IN. highway - q point "h"f" NJ -'ii'
what higher than the .nfi"nn'."H ""I
,ra,ind gave way under 10" horse f i'"'. "nI '"'
',,,,.r and the animal were hofh injured CHARLES
. cleveland. a driver. Wa I"ss 500 '.'Nl '" h'@
.c,iou against the. town 81 P.''-'"fi i".'.'"l
49, .n,l.,vorlne 10 pass from one 'l' 90 q hfoii
roadway 20 another Along The m.d'i" 90 '"' '"'
there VIZ q hlgh piece Of ground "h"n WIS '"
used by those driving In ein"' direction ." ~
ing over ihls pa, Of the ROAD ih~ LOAD Oh 'hpl
barrels on thc wagon wa l"o-""N' anu S""'' ."
the barrels fell iuiurug IN" driver u va h''
,,s, H.. could not recover on account "I bs care
lessu...4 la driving over an unused lHti 81 ih"
roadway.
Tn. Iawyers VIC undertook so scrnr" ih" r"s,as.
-, ,,,. ,.,.,e,ne IN. ,,tion 81 ih. L.el-iaiu
H. slyiur H.. widow = share Of her hush'nis
iete sucn ~ 4 lincai DESCENDANT W".' nav 49,
Win ~ prOnpiness and are 'nili"i io ,.'H,
,nr rrev.utiu, injury 10 properiy-rIchts 10y nasty
rgisiation The passage 81 the act ~ us pi'N'"",
,he vo,llug Of statutes The i-gi-latui' I-se" J
fewer law than most Of - preie '"ssofs M "h'"
in relation TO = widows share of her HUSBAND D.
estate one of IN" most cCnspi' I"n. .n' 80
Of insufficient consd"ration ana " 'r% ".' ,,
pies of careless legislation exist. u i"r,r j.. any
Widespread desire among lawyers 10 sY' 'n' WIZ
estate n fee IN portion "i i.'l H,. sb'il
bands property. those Ia favor 81 10" 'h'nE' Sn'l
meet and frame 'hi"ihIy nav "'".''''''' ~
which might be inirllig'niS discussed "m'n@ M"
beers Of the profession before u j. fuini'I - 'N
Legislature COR action.
Sir Frederick Pollock who IL to visit this ooun-
try next month. has a high r"pute IA England. a.
well as ia tins country. for his attainmentS m
several DEPARTMENTS oi legal work. lie is host
known perhaps. AZ an author having written VAIN
able treatiscs contracts. forts. partnership prop
erfv and sales IIe with Professor Maitland. 81
G'ambrldgc has Just completed history Of Eng
lish law before the time oi Edward l. winch f.Nl"" I.
carefully the first steps in constitutional ana legal
proyress In England. Sir Frederick Pollock u tn
,ls rrnf.ssnr rl-urlI!en.. In III. lmiNrIAItN