New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-26

GATHERED AMONG LAWYERS AND IN
THE COURTS

THE COURTS.
Tho decision OF the Court of Appeals in the case
of MARI, Barberi rendered last week. was not u,'-
expected by lawyers The Court OF Appears mas III
murder cases especially. always faVoreu a'''"'"e
wide scope in the admission Of testimony ""'0i
may have any bearing on the relations pe'"ee"
the defendant and the deceased person or may
disclose any motive for the offence Any attempt
10 exclude relevant testimony when ingn. a'1 .t,s
jury in obtaining an insight INTO 'n I'll INN has been
def ndant while perpelrating the deco na1 r.
criticised and afforded grou nmrt io ha the young
unanimous decision OF the cUu rial will permit OF
a more unbiased and careful consideration Oh .ae
facts Of the case on another ira IN some cases
shown a disposition to decide that pro- sts,g
laid down in the statute BOOK ma y strict carrying
out OF the law would be severely puhsheo'
Tho doatb Of Austin Abbott who since the death
- professor Theodore W Dwight has stood at
the head of the educators OF law studeh's III '"''
city and perhaps in the United states was en-
tirely unexpected by most OF those who knew him'
He had that spare form and nervous energy which
bave marked MANY men Of ew-England ancestry
,ho lived Ia old age He had retained the remark
abb memory S ana most %s marked characterscs His
recollection OF legal principles was aIV
covered almost the entire range OF esd -
4 conversation with HIM on legal matters wa
always instructive from the Dreht anu . ~,
,ras' ~ The legal world lie kept under his own
supervision all the various Drahoh'fs VI ,w scboo
uuir oh
~ rocks on LEGAL subjects his law per odica ana
the movements for better legal etiucaton anu i
snired bv his activity The sudden ending OF his
active and helpful abors Will be loss lohs ie'' W
the members or the OAR
Among the Court OF Appeals decisions OF ias'
week was that of the Buffalo and Rochester ran
road Company against Lavery. In when the rls"'s
NJ essees Of lands belonging TO the Seneca HUMANS
are explained The company had obtained a Lease
OF some OF the land. but other occupants cia,mv ,
KS possession by another lease. which me courts
Ia now held be superior TO tnat OF tIie ran
road company. This and some OF the other ea 5.
in which Judgments were rendered nave o opI,
decision in the Court OF Appeals after Judgneh;
given at the General Term Inc &c iarre hat
only a few OF the cases which nave no p'erSiite,r
cases therefore have accumulated and are accumu-
lating with greater rapidly than ever before, ne
The court that unless some speedy action Is taken
by the Legislature the unjust and almost scandaious
delay in litigation must continue
The present week is the last of the April Term.
but the trial courts continue to remain open ana
are fairy well occupied with business. The fact
that the Appellate Judges except those assigned to
the consideration Of appeals from the city and dis-
,rct courts DO nSt amy amy Trs terms takes away
one excuse which formerly existed for snortening
Nil remain open for four five weeks in each
term. instead as they formerly ald' tor Two ", or
pose u a very much larger amount or business IMAM
before and will probably be suihcient 10 Keep the
calendars small
one OF the most noteworthy improvements made
by the new rules of the Appellate Division Is in the
attendance OF court officers at the places to which
they are assigned. They are required by the rules
to report 10 o'clock and TO remain In court until
o'clock or las r:uch later as the court may SIT.
The enforcement OF these rules Is well carried out
bv CAPTAIN Ricketts, and when court is not In
session visitor will often see. on looking mo tne
courtroom. three or four attendants IN UNIFORM.
who II they are not doing anything. show az ieast
by their presence that they are not engased IN OUT
side occupations during court hours. Inc rues
habit OF remaining away from the courthouse on
days when the court was not IN session, put ~ .he
Jerks and attendants who are faithful. and they
certainly improve the public service.
The danger Of misuse by Judge of his desire 10 aid
his son who is member OF the bar is an evil which Is
not as prevalent 1t formerly was The Generai
Council Of the Bar In England has. however been
compelled to formulate rule that barrlster snail
not practise in a court OF which his father or near
relative is judge. The attorneys practising a.
WIN undue desire by Judge to a Pess hs 1o
fend an accused murderer. II was said that the
prisoner had first selected another attorney ogs tna
and the retaining OF his SON a meeting Oh the DAT
WsT PRESENT nd rcsouons were adopted decar
Ing the action OF the Judge was an Invasion OF
ference with his free choice and OF grave i'm
proprley which merited the reprobation OF the bar
The Judge said in his own behalf that he acted only
with IA view OF securing an attorney who would pre-
pare for the accused a safe and intelligent defence
The judgment OF father as to the ability OF his
son may not always be trustworthy. and 1t would
undoubtedly have been wiser for the Judge. II he
was not satisfied that the rights OF the prisoner
were protected by his own counsel, to assign some
other than a relative.
The law recently enacted in Ohio designed to sup
press lynching is of the most carefully drawn
and will probably prove one of the most effective
Of tbo on hat I all no
covery OF OF money damages from the
county in which the assault takes place A person
assaled by mob may receive from $500 TO 5000
according to the amount OF the injury which he re-
ceives. and the representative OF person who suf-
fers death by lvnching at the hands of a mob is
titled to the sum OF 5000 damages for the
killing The amount Is to be applied first to the
maintenance OF the family and education Of any
minor children of the person who Is killed and when
the children become OF age II Is 70 be distributed
among the surviving members of the family. The
county authorities who have to pay the money may
recover II II they from the members of the mob
the county authorities Of another county II
the mob comes from that county TO commit the vlo
lence The the county for the gathering OF