New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-06

d-sutOry manner In which Isaac L. Benson APP
pears by the testimony 10 have read
The Ohio Populists have nominated for judge
ship lawyer named Swinder He has attained
some prominence in the community. but 1t is a
mystery how he acquired favorable standing han
dicapped by such a name \ Mr.. Give IL also a
Popullst judicial candidate. His name would not
usually be recognized as proper one for lawyer.
The failure to pay the court attendants in the
United States Courts seems unnecessary "a this
time Of the year. Appropriations are sometimes ex-
hausted in the spring months but there is generally
sufficient fund hand for the payment Of salaries
in the fall and win.er months The United STATE.
- known "a poor paymaster in the matter o.
court salaries and frequent delays in payment make
even the small income OF the Federal officials uncer-
tain. The attendants and deputy marshals receive
ye are pxpeced to drH saiv ana preSnt gond
appearance. The Clerks DO not receive large sala-
the Government they usually receive their c5npen-
sation regularly Most Of the jurors men who
Of f@-s but the deputy marshals and court attend
ants need their salaries, and some. method should
certificate Of the adses o. the courts ought to be
from any money in The treasury not Otherwise ap
proprated. Unless some such means is adopted the
usefulness and dignity OF the courts VIII be seriously
nerfered with
A man who was injured by an accidental shot
fired by a hun,sman began suit against him ard
the Pennsylvania Supreme Court has recently up
bed the verdict In favor OF the plaintiff A cunning
party became lost In swamp and one OF its MEM
bers offered TO lead the others 10 public road The
who waking behind him held his gun in
such manner that when twig caught the ham
mer the gun was discharged. and the shot struck
the man who was walking in front one u tn
himself negligent The Court held that there no
negligence In his action IN walking In advance Of
member Of the party held his gun In the proper
direction. The argument that the man was negh-
gent IN COINS cunning with d man who dd not
faD@d 40" 10 Isg gr prln s abouab IL mgbt com
mend Itself 10 the judgment OF the sportsman
A Chicago lawyer writes to The Chicago Legal
News" correcting some misstatements about law
case which IL somewhat peculiar as showing the
delays which may frequently attend acton even
when It IL not in the Chancery courts. A dispute
in 1853 the ownership OF some property
in VIII County. Illinois. Ejectment suits
BE- gun. and the dispossessed tenants began
ton against the landlord There were Judgments
ana appeals but the suits finally abandoned
after SIX years litigation. a su!5 begun
In 1856 and continued In existence until the matter
was COMPROMISED in 1855. There were four trials
OF the case one in 1868. another IN ls'l, and TWO
later trials one OF which resulted IN Disagreement
Three O the d"ences to the acton arose unIer dif-
fcrent chains OF title. and under different deeds
from the same man. The laWy er who carried %
the litigation had great difficulty from the loss %
witnesses
and although he believed that he would finally be-
fully successful. he agreed 10 a compromise
he could realize something MS .Ong contest In
the courts As far back 1871 offer
promise for One-half made. and the result OF
III. CATION continued many years aflerTard was To
put the parties back 70 ABOUT the positions they
held when the proceedings began.
The effect OF alterations In notes and deeds has
been the subject Of decisions in the Pennsy,-
vania supreme Court In the case o. the Gettysburg
National Bank against Chisolm. a promissory
note had been given and after II was delivered
the person 10 whom the money 10 be paid
wrote In the words. with interest al six per
cent" The note afterward passed into the posses
sion Of The National bank. and an action was begun
TO recover the amount Of the note. The Court held
thai although the bank did not know OF the
fact that the note had been altered. yet as the
alteration Vas made In a different handwr. ting from
that Of the body OF the note and different from
that Of the maker. and interllned In the printed
blank the bank should have inquired into the cir
cumstances under which the alteration was made.
and II he'd that Judgment could not be-
obtained by the bank under those circumstance
The words IN trust for another were added N a
deed which came before the same court. Tn. grant
named on the deed. and the who wrote H.
well AZ the person 10 whom the deed was made
ali testified mat the words were not In the deed
at the time u signed. Such change a deed
Is called .spo.iat.on The Court held tnat m
proof Of sp0aton In the was annie ana II
not necessary To nave the kind OF Testimony
required n cases where attempts are made 10