New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-23
BENCH AND BAR.
GATHERED AMONG LAWYERS AND ~ THE
COURTS.

GATHERED AMONG LAWYERS AND ~ TIE
COURTS.
Justice Rufus W pcckham in his judicial robes
has been a familiar figure TO many Ne~-hoFk law
vers but his appearance IN the city last week was
in new capac.ty and he was greeted with the cour
toses Of many OF the prominent members Of the bar
The limited interest taken by the general puNHc ID
court proc ceilings on appeal even In the hlshe't
courts was shown by the fact that after ihe hfst
DAYS session the courtroom whore Justice Pee khan
and his associates sat had In 1t less than hail
dozen persons. except those connected with Ia"
case which heard. even when Joseph II Choat''
clnai arsuments Tho case in which Mr. Choate
appeared Is branch Of the extensive litigation
over the affairs OF an express company Of which
Mr. Glenn an officer. The Glenn cases, as
they known In the United States courts have
been numerous closely contested and involved IN
tcchnicat.es Mr. Choate IN MS argum'ht caliei
the attention Of the Court to the tc'nn'al nItu,"
OF some OF the points raised ana BROUGHT sinic
to the faces OF the Judges by saying that Wis -
technical on his side as on the DINERS TOT ne un io'
intend to yield In astuieness and ingenuity TO The
counsel on the other side
OF the many cases decided last week by the Court
o. Appeals all except three Were aflrmanccs or
notifications of the Judgments OF the lower courts.
The proportion OF rcycrsals was much less than has
been the average at previous sittnFs Of the court
Among the cases decided were several accident
suits some OF them arising from peculiar crcum-
stances In case "A strcetcar left the track and
ran against an elevated railroad pillar injuring
OF the passengers; in another case partition be-
tween coal bins fell down and caused injury 10
one of the wOrkmcn. another decision affirmed the
| right Of passenger to 80 upon crowded plat
present by the invitation of the company. The dcci-
sion Of the General Term In the case OF faXsOn
! from an alleged fraudulent assignment OF property
| by husband to a wife. Both husband and wife
Gave S brr all bpop i9cd,nr nos "' whirh wcr
watch and shirt studs were said to be her property
wondered why he dd not give her the shirt he wore
as wei as the studs and the testimony as to the
| other cases were important.
De Iancey Nlcon. who enjoys to an unusual de-
gree the confidence and respect OF the members Of
| the bench and OF the bar OF Ncw-York. IL entitled
| to credit for his earnest attempt to show in the
| Levy insanity proceedings that lawyer practising
in court is entitled to protection from abuse. under
| the power OF the Judge to punish for contempt OF
court Arguments between counsel sometimes
| carried on In too warm spirit and disappointed
suor may occasionally use expressions in conden'
| nation OF the opposing lawyer without great In
| jury except TO the most sensitive feelings. When
| however. a virulent attack Is made upon the fair
dealing OF a lawyer OF high repute and h. is
cused in open court of tampering win a jury It
| might seem 10 be a matter of which the Court
should take notice Whether not the present laws
provide for the punishment Of offender IN such
| a case Is a matter which was left TO the Jusiicc.s
| judgment. but that some means OF protection from
| outrageous insult In open court is needed TO main
tain the dignity Of the profession Is felt BY many
not reply with the warmth which he may feel.
otherwise resent. he would in another place. the
insult Of a stranger. As he Is bound to especial
care in his actions. he would be en-
| titled to protection from attacks which he Is no:
allowed to repe. except by denial Mr.. Nicols high
standing at the bar makes It fitting that he should
| be among the first 10 ask that judicial action
| should be taken where that which seemed to him
v!rulent attack upon his honor and reputation was
| made In open court.
| The litigation Lloyds Insurance policies now
! occupies "A considerable part of the time of the
| courts. The legal questions which have arisen are
| intricate but important. In almost every case the
decision has been against the validity of the pro-
visions inserted In the Loyds policies restricting
the right OF suit by pol!cy-hoders. Justice Beck
| man spoke with warmth in his decision rendered
| las; week In che Of these "Defences o. a
! technical character" he says ARE n;erposed by
the underwriters under policies containing strange
and unusual provisions. making Il difficult. II not
| practically impossible, for the insured to collect
| an honest loss from unwilling debtors Such con-
tracts and expedents are Justly regarded by the
courts with extreme disfavor and In the exercise
OF the ample powers which the law Destows upon
its tribunals, Will be promptly met with that correc-
tive Treatment which the Justice Of the case de
manls." Lawyers who have engaged In these
tiga lions against the companies find that the draw
ing OF "A complaint IS OF the most difficult tasks
which can be imposed upon the p'eader. and when
attempt TO collect losses is greatly retarded. The
mass or elevated railroad CASES seems TO be les
TO vex the courts.
A bill introduced in the Legislature thi. year to
nufy rule made by the Judges OF the Appellate
Division recently has excited much comment among
lawyers. The rule provides that the cases from the
courts OF this State referred In briefs shall be
cited from the reporw Of the afnciM reporter Il tho