The sun., 1896-09-22
yorr, OF IEoA1 ErExrs.


tbis city has been attended TO during TN
hrst fortnight in September by Mr. Jus
tjco Beekman while Judge Trua1 ma
heard the litigRted motions at speo'N
| Term. In Brooklyn, Judge Dlckcy, formerly o.
| Newbursh. has had his flrst experience at Spe
| ciai Term In that city, being assigned 10 noio
| this branch OF the court throughout september
| He has introduced q novelty In Judio'Ai pro
| ccdure, in having his confidential CLERK eH DC
| side him on the bench. A law passed by thc
Legislature OF 1896 permits the Supreme Cour'
| Justices In the Second judicial district except
those In tho Appellate Division, each to appoint
| a confidential clerk, whose duty IL shall be 10
attend tho sittings of said court ut all Special
Terms and Trial Terms presided over by the
Justice by whom no is appointed, ana 10 perform
| such other duties as shall bo assigned to him by
said Justice" Judge Dickoys confidential
clerk is his son.
Judge Frederick Smyth. sitting at the Special
Term for the trial OF equity causes, has dismissed
on the merits the complaint in n suit brought by
Edward G. Huber to set aside Erastus Wiman's
assignment for the benefit OF his creditors. The
transfer was attacked on the ground Of fraud In
emitting to state nil tho property which be-
longed to Mr.. Wiman and In setting out claim
against himself which was fictitious. in whole
or in part 1t was also charged that Mr.. Wimnn
receiver Of Staten Island corporation instead
OF delivering them to his assignee. On none Of
these points. however. was the proof against the
defendant strong enough to convince the Court
80 Tho evidence does not necessarily lead to any
presumption of fraud or fraudulent intont on
the part OF Wman," says Judge Smyth, but
10 at least equally consistent with innocence as
with wrongdong; and that being so am bound
to give to It that construction which will ex-
onerate him from dishonest intent"
A curious case came up last week In Part
/. OF the Court Of General Sessions, whore Judge
Fitzgerald Is presiding this month. A physi-
clan named Benjamin Hawker was brought to
trial and convicted upon an Indictment which
charged him with practising medicine after
having beon convicted OF felony. Under chap
ter 30s Of the Laws of 1895 1t 10 declared to be
;nisdemeanor for any person who has boon con-
victcd OF a felony to practise or attempt to prac-
tise medicine. The proof showed that DR.. Hawk
er had been convicted Of IL felony in 1887, and
his counsel raised the point that the act OF 1895
was an er post Jdcto law so far as 1t applied to
the defendant. and was therefore unconstitu-
tionai. except in reference to physicians who
might suffer conviction for felony subsequent
to the time OF its passage. Judge Fitzgerald
was so much impressed with the force of this
objection that he granted certificate of reason
able doubt, pending an appeal to the Supreme
Court, and let the prisoner 60 in the custody Of
his counsel.
The appointment in Orange county of two re-
ceivers of New York bank. neither of whom is
a resident OF New York city was one of the most
noteworthy court incidents of the past week.
The Attorney General appears to have been
dissatisfied With the act OF Mr.. Justice Pryor
in the Supreme Court here in appointing re-
n Jirv h,t h.
voluntary dissolution OF the Murray Hill Bank,
and he therefore applied In Newbur for the
appointment of some other gentlemen, and the |
Court there named Edward II. Hobbs of Brook |
lyn and Benjamin b. Odell. Jr.. of Newburgh |
Major Hobbs Is an old soldier. lawyer OF ex- |
cellent standing. and active politician among |
the Brooklyn Republicans. Mr.. Odell is the |
Congressman from the Seventeenth district. |
He was n formidable candidate for the Repub-
acan nomination for Governor, and is n warm
supporter of District Attorney Hirschberg of
Orange county for one OF the Supreme Court
JudGeshps in the Second Judicial department.
The New York bar has suffered notable loss
n the week just ended In the sudden death of
henry II. Anderson. of heart failure, at York
iarbor. In Maine. Mr.. Anderson had been for
many years one OF the more prominent figures
n the legal profession in this city and as tho
GH.
ates and money interests in their charge no
awyer In the community enjoyed greater conf
lence. AS an advocate he was also successful
hough his work was chiefly done in his Office
'ome or the newspapers have spoken of him
ince his death as n corporation lawyer, q term
Thch may readily be understood in All obieo-
ionable sense in these days when 1t Is most fire.
uently applied to men who give their pro-
essional advice to assist In the accomplshment
oo1ectonal ends by corporate devices. Mr..
anderson was not corporation lawyer in that
ehse nj all; but for many years he had been
he regular counsel for numerous compapies
those character was as conservative as his
wh. During the formative period Of It's re-
existence. Mr.. Anderson was the |
resident OF tho University Club in this city |
nd administered Its affairs with conspicuous !
iccess. He was a genial aud kindly man and
the same time man Of much dignity.
A question OF conside derable practical innor-
lnce In the law OF Interstate extradition was
ecided In New Haven last week A man
amed Drinkall, who had been sentenced nv n
ourt In this state to the Elmira Reformatorv
rs conditionally released from that institu
on upon his promise OF good behavior. in Ar
'rdance with the statute which permits prls-
1ers to be thus paroled. He violated hi.
'roie ana went to Connecticut. where he got
~" pie"h ior criminal fraud. Upon tho eXni. | .
ltion OF his term OF Imprisonment there n =.
smand was made by the State of New York ,
'r mis- surrender as fugitive from justice. and
lis WAS resisted by means of habeas cornu. q
'oceedings In his behalf After full consider. h
on the connecticut court decided that DrInk 4
must be delivered up. In view of the Ian. 7
i"se OF our statute concerning paroled prison. }
: from Elmira, the decision could hardly have
'eh o'herwise. Ono who violates his parol,
&c nees Int" another State Ia as much a fuui. T.
'e from justice as one who breaks out of m. n
eformatory itself. o Il
IL appears to be generally understood in Ra-
loliran circles In the Second judicial Dsnor,
eht mat the Judiciary Convention of that
rty which meets In Brooklyn on SATURDAY. +,
IL make the following nominations for Oh. T
Hr places on tho Supreme Court bench which y
Q TO pe i,iied at tho general election In Noyem.
r; William W. Goodrich of Brooklyn, Gnrret III
unrretson of Queens county, Michael IT. h
rschbeTg of Orange county, and s,n,m", ~ II
lddoX OF the borough Of Williamshnr,t