New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-20
no .uch men as Austin Abbott. Wlinmr n
f,utler Cephas Brainerd and william WIFI i''"S'

put,sr cephas Brainerd and william WIFI no"'
The decisions OF the Court Of Appeals maue :,
week were principally motions and orue.y
Ill ,,,ror,.nce In the case OF Sage asa'"e'
Culver the most important matter before the o'N y
the decision does not indicate the final Judgment III
the matter. The granting Of the motion 10 ieops
the default in the case OF Price against the "in. Va
Ga Nun & Parsons, recalls the famous eye-sia''
case" decided In this city. Miss Price CARED
prescription TO the firm OF opticians and received
pair OF eyeglasses which. 1t Is charged were ue-
rcctive Her eye sight IT said was seriously
affected by the defective glasses ana b sne rm This
verdct was az Sustained on appeal the General
Term. the appeal 20 the Court or Appti,s ,hs
hearing on the appeal to take place on the pay pay
ment OF the costs by the firm OF opticians Inc case
is almost unique In the history Of huganIon s ar
negligence are frequent
The Court OF Appeals in i.e recent decision sus-
taIn.ng the conviction OF Bat Shea. the Troy
murderer took occasion to criticise the practice
which seems unavoidable under the present laws
OF sending to the Court Of Appeals for review mass
OF printed matter containing every word spoken d.
the trial The record In the Shea case consisted OF
1900 printed pages OF testimony and 300 pages OF
examination OF jurors. No question was raised or
argued as to the correctness of the rulings con-
cerning the Jurymen but the law requires that that
az we'll as the evidence In the case. should be sub
mittei to the Court. Judge Peckham considers this
practice vicious. The Carlyle Harris record con-
tanned nearly 1900 pages and that In the case OF
Dr. Robert w. Buchanan consisted or about 2,6oO
naees contained In four printed volumes. The code
requires that the Court Of Appeals In capital case
must not only review any errors OF law to which ex-
cept,ons have been taken, but consider the whole
evidence and ascertain whether justice requires
new trial Judge Peckham says OF the long record
In the Shea case Taking all this mass OF EVIL
fnn nd
ire lnnumerable and everlasting repetition OF the
same thing stated in the same way, does no good 10
any one and at the same time makes the reading
a burden which ought not to be imposed upon the
Court The evidence should, as 1t seems TO us, De
trial Judge, as in other cases. and not more than
the material evidence ought to be returned ana ex,
narrative form" The record in some OF the most
important murder trials OF several yeaps ago nar
rative form the evidence OF the principal witnesses.
and only stating fully those questions and ANSWERS
concerning which exceptions were taken ms
simple method OF presenting the case TO tne OUT
was effective In obtaining decision upon dlspueed
points without overburdening the Court with mass
of irrelevant matter
The Law Institute Library. which has been closed
after o'clock through the summer months, was
opened last week for the OF members who desire
10 read or consult books In the evening hours lhere
are always some lawyers who remain down town
such LAWYERS the opening OF the library until 10
o'clock Is of great convenience
The near approach OF Election Day makes notice
Of some of the recent decisions OF the courts IN
reference to the Australian Ballot law, timely. Inc
laws in the different States vary from each other IN
some particulars In some cases the voter IS re-
ouIred to erase the names OF those for whom ne
does not vote on his general party ticket, but IN
others II is only necessary for him TO Indicate by
cross the name of the candidate whom he does
,avor without making d mark through the name
OF the displaced candidate 1t has been decided that
a cross made at the head OF party ticket, out not
near the circle is Of effect In indicating the
voter's desire cross at the right or the name
instead OF at the left Is OF no effect straight
mark or circle does not have the effect OF cross
in indicating the voters choice II crosses are made
a. the head OF two party tickets there Is no vote
and II names OF opposing coma are III
dicated the vote is not counted for either A name
showine the choice of the voter the name mus.
he written in the blank space provided tor tnat
nurnose The constitu;onaty or the Australian
Ballot system has been sustained In almost every
STATE in which one has been enacted Inc courts
generally nave upheld the power OF onlclas 10 use
Come discretion on matters pertaining 70 the cast
ING of the ballots but as 10 the marking or tne
ballots BY the voter strict compliance with the ID"
is required.
The Court of Common Pleas In Lucas county,
Ohio recently had before 1t a case In which man