The sun., 1896-10-05
VOTES OF LEaAn EHHNrs.

ring to our article. sends an extract from the
record of somewhat similar occurrence In
North Carolina moro than o century and n half
ago. II is In these words: "1T20 And now
here at this day. viz, &C. came tho aforesaid
George Allen tho party indicted). and moved
for trial. and likewise the Attorney General on
behalf OF our sovereign lord the King; but tho
Court being given to understand that his Ma
jesty's most gracious general pardon was, since
the offence committed and since the Indictment
aforesaid granted are of the opinion that the
said offence is thereby pardoned. and that the
prosecution aforesaid cannot be proceeded in
according to Fnwcett's case (2 Croke, l4S): and
do therefore order that all further proceedings
thereon bo stayed, and that the said George
Allen be discharged, paying costs" Perhaps
the most curious part of this proceeding is tho
requirement by the court that tho pardoned
prisoner should pay costs
The Justices of the Supreme Court OF Massa-
chusetts have upheld the constitutionality OF
the Veterans Preference act passed by the
Legislature Of 1890. although last year they
pronounced against the validity Of the statute
enacted for the same general purpose. There is
an essential difference however, between tho
two cnactments. Tho statute Of 1905 was
mandatory in requiring that examinations
should be dispensed with in tho case Of the APP
pointment of veterans to office, whle the act
Of 1906 merely permits but does not command
the appointing power TO relieve veterans from
examination.
Judges Russell and MacLean have continued
to hear litignted motions and attend to er pdrte
business respectively in the Supreme Court In
this city during the past week. In Brooklyn
Judge Dickey has finished his September Spe-
cinl Term and will be succeeded to-day In that
branch OF the court by Mr. Justice Clement.
Tho pupllnte q division NJ he Cirat nep, rft ent
will convene on Tuesday afternoon with cal
cndar Of L." cases and forty-one motions for
the first motion day. This branch OF the
court Is likely to remain in its quarters at Ill
Fifth avenue for a long time to come. AS no vis-
be steps have yet been taken for the erection Of
the new building in Madison square. The Ap-
peilate Division OF tho Second Department
meets in Brooklyn this morning. Its new room
in the addition to the Kings County Court
House in Livingston street will probably bo
ready for occupancy before the close of the year.
There are ninety appeals from judgments and
forty-thrce appeals from orders on the October
calendar. Mr.. Justice Bradley will take his
seat as the successor Of Judge Pratt at the OPEN
ing Of this term Of the Appellate Division.
Tho OF Wetmoro against Wetmore, in
which Judge Stover has denied the defendants
application to be relieved from the payment OF
almony to the extent of $1,000 q year, Is re-
markable for the cool effrontery Of the moving
party. He was defeated In his wifo's suit
against him for divorce. and was directed to pay
$4,000 year almony and $4,000 year for the
maintenance and education OF the children OF
the marriage. At IN, time iudpment was TINS
rendered against him he was worth S2oO,Oo0
and was entitled to the income OF q trust fund of
SlOO 600 more under his fathers will. The
only wny in which the wife has been able tn
procure the So, 900 for herself and children ia
through an order or decree of the Court COM
pelling the trustee of the SloO 600 fund to nav
her annually out of the income MIR. wetmore
has absented himself from, the State ever since
the divorce was granted. has never made any
attempt to pay the amounts which he was d.
rected TO nav by the decree and now nrofesses
to be without means He therefore asked the
Court to strike out of tho Judgment tho pro-
vision for Mrs Wetmore's alimopy and thus
virtually give him 81 900 out of the $4,000
which she now receives from the trust fund
This proposition did not strike Judge Slower
fnvornbiy and hc Systematically remarks that
hts ,it,. - ..tn,, - ,,.a ..on,h, g. ..,,,
a.,,'st.. -. Us s". ~ 49, auon
.t ~ =. 'i,,
- -, -, , 80,
80, - 49,, S. ~
n, -. r. - -, M -, 0N
- e'' - 'NSS'>N' - oo.1e' . 1'oN ALL
Prior to the adoption of the new Constitution
the law Of this State limited the recovery, In ac-
tons for negligence causing death, to tho sum
of 81, 600 The Constitution now in force pro-
vides that "the right of action now existing
to recover damages for Injuries resulting
in death shall never be abroyated: and the
amount recoverable shall not be subject to any
statutory limitation" This amendment was
opposed in the interest of railroad and manu-
featuring corporations. but IL docs not seem
likely to operate very harshly against defend
ants. In June the Appellate Division of the
Second Department reduced a verdict in n
death case from 81. 500 to So. 600: and the An
pcllate Division of the Fourth Department. Sit
ting in Rochester. has still moro recently
stricken $1,000 off a verdict of $4,000 in a
similar action. The cour,. manifest n disnosi-