New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-03
FROM BENCH AND BAR.
GATHERED IN THE COURTS AND FROM
LAWYERS.

! as decisions handed down on Iuesuay III
large number of cases. Some Of the criminal cases
| notably that OF Or. Buchanan convicted oil muir
der we're important Several of the civil cases were
also of interest. The Court finally decided the case
of Hovey against Elliott in which Danei u W.
Inns. referee made valuable Report soEne g
interest in claim prosecuted in washington ny
for Rca MSP 1885, and SS the plaintiffs in the
action began suit against him securities 'aiue a
celver in the course Of the legal proceedings, but
we're sod under an order of the Court: The court
f Favor the Of Pi ha p af bat M Rans after
careful review OF the tSs qhu Sa void
and that the New-York action to enforce tnat JuIs
fully prepared opinion wac affirmed by. the General
Term and, last week. by the Court OF Appeals
| The afirmance Of the judgment in the case of Dr.
buchanan was not unexpected. as few OF the op,ec-
! tons made to Recorder Smyths rulings were con-
sIdered important. Charles w. Brooke the DEFEND
ants counsel partly relied for reversal upon the
admission OF evidence in reference to CONVERSE
t,ons which Mr. Macomber the chief witness for the
prosecution, had with friends of Dr. buchanan Inc
evidence was admitted because the DEFENDANTS couh-
had already made inquiries OF mem co hisrtn
! the same conversations. The principal opJecu'I ~
arose of the proceedings in reati9n 10 one ~
followed by delirium after the Jurors naa as .S
among themselves to the verdict, hui before ,hey
their deiberatons Tho situation was a novel one
in the experience Of the officials connected witn me
E TT sadSny to pass Spon the dicu, legal
involved. If the jury had been at once his
the DEFENDANT had been tried and objeGS,c
ton would have been made TO- ,on ne onq md
juror Incapable OF giving Iec,,ao. r"y no
GG, c wG rho perpexng aituation was affirmed By the
Court Of Appeals The decision leaves n recort OF
Nppeas out Of the large number of cases in which
appeals have been taken from his rulings.
The strictness with which the new rules for ad-
mission to the bar enforced has had one III
direct result which is to be regretted An increase"
number Of applications has been made to the Legs
lature for special laws admitting indiVidnaiS u
practice attorneys and counsels OF the supreme
court. In some applications of that kihd are
founded peculiar crcumstances whlch fenaTt t -
w statute In most cases however persons who
way are not Justified in seeking this special favor.
Some Of the special laws for the admission OF III,
! diviIuas to membership in the bar have been
passed by the Legislature ara have become Ia
The State Bar Association, through It's comnttecs;;
| should keep close watch on such measures ana
should oppose their enactment, except uhder eN-
/ traordinary circumstances.
The waste Of time involved in long and often
fruitess interviews with clients is one Of the an
| noyanccs incident to a lawyers lie. Much OF the
cost Of legal advice arises from this needless eN-
pendture OF valuable time. Another difficulty
which busy lawyer frequently meets is involved
| I'm sudden call FOR legal opinion on some STATE
of facts submitted by client at time when other
!
methods II meeting these difhcultie. nave On g
vsed from time to time Lesal writer's or associa a.
! lawyers Information on points submitted t'at-
pbaIcbhia to asss, Iawyers in PREPARING cases
| by furnishing memoranda Of authorities or argu-
Tor LAWYERS having clients Of moderate means but
! when engaged IN important litgatiohs counsel may
| of securing the authorities on some question which
has suddenly arisen on the trial Of case
Some Ncw-York lawyers have organized the
American Law Advice Association" which is de-
signed to furnish opinions ana advice on legal sub
jccts for small fees. written statements OF fact
! II is intended for lawyers much as for lay
! men who need legal advice. and who 10 not wish
TO consult a lawyer in the usual way. Questions
Will be- answered after Investigation by lawyers
| who familiar with various subjects on which
! inquiries VIII probably be made No interview
to nr had with clients. but al questions anJ
| answers are IN writing. No litigation ia carried
| 0u hy the association. \ small Zee IS charged.
/ The lawyers who interested in tn" association
oousI n"i he iik~ly - consult lawyers Of equal
ability In any other way. tn" experiment Is an
When = hot SATISFIED by lawyers. who cannot give
| consultations any except their regular clients
without ~" payment OF fees such as prevent m,n
from seeking advice on SUBJECTS involving only
small sums OF money.
Tn. Editor of The Chicago Legal News" recently /
| took photographs Of enc OF The Chicago courts /
I'm which three Judges were sitting. He refers To
mis- experience t. show ihat photographs are not
trustworthy under all circumstances. Two cameras .
were used at the same tine and ne p1otosraphs /
were taken by 'nashisht When the plates Wert
developed one of the photographs showed the chief
Justice with his eyes closed. while m the other /
they appeared vide open; The Legal News suS- /.
costs that If any one desired to prove that th3 !
1uI-. was asleep at the moment tn" light flashed '
h. could have established IT by using one OF the
photographs. while some one else who wished to /
prove that the Judge was wide awake ar That mo- /,
ment could produce in evidence the other photograph
taken at the same time. The explanation Of ne /
difference in the two pictures may be easily made |
hv a photographer. but the incident Is peculiar !
proof that even the camera VIII lie. and that photo
graphs cannot always De depended upon To show the
exact situation OF Affairs
The English courts have had occasion 20 use all
their ingenuity in deciding to what are fancy
words" in the trademark law which provides that
! 4 trademark may consist OF the name OF an in +,
dlyidual a signature. distinctive device. or a
fancy word" II has been held that fancy /
word must either have meaning 10 ordinary !
English people. or II 1t has any meaning at all
must be obviously meaningless as applied TO the
article question. The courts have held that the
words alpine applied to cotton embroidery
"Apolinaris. "IIunyaa Janos" and "Friedrichs
hal" oI tO '('arniVal applied
cigarettes red white and blue applied TO cof
fee. and "Srathmore" and Ben LODI as applied to
whskry are fancy words An English law
journal quotes many other words which would seem
To have ttlc to 10 with the articles referred to-
words The Australian word "Oomoo' has been !
held to a fancy word. forming good trade mark
a fancy word as applied to tea Is 'Mazawlttee." /
Jus. lee Rohmer held that in England the word
meaningless and i'm CeylOn u would be unknown, be- /
cause though 'wnttee meant an estate In the !
Cingalese language, there was no y. in that Ian
the hsa then language the word "wappee" would be
meaningless. and the whole combination would not /
be- comprehendcl by those familiar with any one
language.
JOLLIFIC4 TTONS FOR March L.