New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-14
FROM BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN
THE COURTS.

The airy manner In which justice OF the GU
preme Court who has had short experience III inc
duties of his Office and little practice IN conducting
criminal trials rebukes Justices Barrett ana lnsra-
ham who have tried the most difficut criminal
cases for many years in the Court OF oyer ana
| Term,ner would have excited greater surprise
among New-York lawyers had any other man JUS
tice Gaynor made the criticism. Inc unfortunate
fact is that every attempt to carry OUT the crna'
law In the case of a wealthy defendant with the
ca mo certainty and order as In the OF poor
nerson meets with constant obstruction under the
system in use I'm this State Ingenious lawyers can
find new means OF delay as OFTEN as case Is
called An application is made 10 some remove
Judge, and stay granted at every stage
Tecbnical advantages are secured at any cost In
counsel fees the peculiarites OF judges are studied
| in the attempt obtain favorable nearing anu
~ there is any jealousy OF the fame OF eminent
members of the bench, that feeling Is taclty ap-
pealed to in the hope Of obtsinmg me ony be
step In criminal litigation. ana tne ions s,oi! 81
stays wrs and appeals is continued nnt: as IN
the buchanan case the patience or oinciais II AZ
last exhausted. The Justices OF the New. 10TH
Department have In recent yef b s thus far they
have been constantly hampered ana 81 ,b 10y
hh may he needed is requirement that stay
in a criminal shall be granted V PEy , py !.
Justice in the department In which '"e i"oe'"'e"'
is found.
Theodore r. c. Demarest. of this city. writing to
covery of that which he believes to be an am
hquity IN the Constitution and the laws or 1888 as
to whether there is more than one Appellate d.
vision OF the Supreme Court under the ne" ,oh-
sttution. He quotes the references IN 'he 'on
s,tution TO the appellate divisions. ana also amend
ments adopted by the last Legislature 10 'he 'oue
OF Civil Procedure designed to make the code con-
form 10 the new constitutional provisions. Ihere
,s undoubtedly some loosencss OF expression In the
Constitution and some OF the laws but there seems
to be no to apprehend any dhcuity, IN con
strung the Law There c Is 10 IN D each department
In many references 10 these courts IN me 'ohs'i
tuition the words I'm each department are omitted
but there is little difficulty In understanding the
phraseo,ogy used In the corresponding instance
Of the Evarts law regarding the United States Cir
understanding the meaning OF .ne sa 1 eIs
though the words mn, mf scn % court Of the conr,
held In any circuit" might more precisely nave
been referred to-
The Law School OF the Western Reserve Uni
versity at Cleveland will have new building
large enough to accommodate 100 students. II the
plans which have been prepared can be carried
out The whole amount OF money needed mas MOI
been secured. but the officers OF the school hope
soon TO obtain t. The school has been prosperous
In The mast and with greater accommoda lions
FOR those attending lectures the numbers may large
~ increase.
John Hunter one OF the most eminent solicitors In
England and president OF the Incorporated Law
Society OF the United Kingdom. has apparently sun
something TO learn about the United States In
a recent speech before the Solicitors benevolent
Association he referred TO solicitors who had oc-
cupled prominent public office and added And on
the other side OF the Atlantic man who occu-
pied a stlll proudor position President C'cveland
had also for many years been practising SO
licltor-not member OF the bar put purely
solicitor" OF course. there Ia no member OF the
-. .lf.I
solicitor because the distinction between solicitor
and barriscr does not exist. Mr.. Cleveland rst.y
rwo terms OF service prcsdenf. nut IN his
| carrier years ~ member OF the bar he unIouD'-
in the general practice Of their profession ~
is certainly member OF the par even W ne
usually falls 10 barrisiets under the Ehg'sh Sr
ten.
The Superior Court Of Cincinnati has recently de-
cided In the case OF 4. J. Smith against the GIN
cinnatl Hamilton and Dayton Railway Company
that railway company may exclude from us
train n passenger who II engaged In carrying
merchandise TO supply customers ut another place
The railway officials had a contrac, with an cs-
press company by which II agreed not 10 give any
persons other than the express company any eh-
nress transportation OF facilities whatever. MI
Smith was engaged Kind ~ purchasing agent
by persons In the city OF Hamilton. ard he made
daily trips to Cincinnati. usually returning with a
until the company refused TO carry him AZ a pas
ssngcr with the satchels and parcels which he
usually had. He declared that as he had monthly
Communication ticket the railroad company could
not refuse to transport him and that ne mad as
much right 10 carry a vahse or package AZ the
other passengers without regard 10 lie contents
Judge Hunt. who decided the case. quotes many
opinions In England and this country 10 the cnect
that railroads are ony obliged as common
wearing apparel and similar personal effects. ana
ser or orr baggage cars The case l. somewhat pc
culiar and the decision OF the higher courts may
10 carry bundles OF merchandise on passenger trains
The Pennsylvania Supreme Court. In the case OF
Grohmann against Kirschman. has recently re-
ycrsed a Judgment In a case OF false imprisonment
in which the evidence for the plaintiff on ;he trial
tended to show peculiarly outrae-ccs conduct by
an Alderman OF the city OF Reading. The plaintiff
had begun prosecution against minor Offenders
living in the ward represented by the Alderman
The Alderman declared while the cases were pend
ing that II he ever got the plaintiff In his clutches
he would put him In jail whore he belonged. After
the dismissal OF the charges against the Alderman
plaintiff on a charge OF barratry In bringing the
original prosecutions; and committed him to jall
the Adermans commitment for over month
When he was brought to trial he was acquitted
presiding at the trial compelled the prosecuting
witness TO pay the costs The plaintiff obtalned a
false Imprisonment. but the case has been sent
back for retrial because the Judge allowed y
witness TO state what the trial Judge had said
in directing the jury acqut the plaintiff ON the
charge OF barratry.
The English courts are making complaint Of the
decline OF litigation. Cases are quickly disposed OF
and the number OF new cases arising Ii not SUI
ncient keep some branches OF the court occu-
pied Lord Justice a. l.. Smith. an eminent menu
Der OF the judiciary. In addressing body OF So
llcitofs recently said that the Judges not TO
hn mo Cor tho facf ihnf f. liiirants snnrhi The