The sun., 1897-10-10
NOTES OF Legal EvEyrs.

ton, n. j., to be ono OF tho lay Judges of tho
Court Of Errors and Appeals of that State, in
place OF the late William l.. Dayton. We find
that tho term lay Judge docs not occur in the
Judiciary article of the New Jersey Constitu.
ton, but II is commonly used to designate q
specially appointed Judge Of the tribunal of
last resort. The Constitution provides that tho
Court Of Errors and Appeals shall consist OF
the Chancellor, tho Justices of the Supreme
Court, and six Judges. or major part of them,
which Judges arc TO ho appointed for six
years" These six Judges are generally known
as lay Judges, though lawyers aro frequently
appointed in this class, as was tho late William
Walter Phelps. Their terms are SO arranged
that ono Judge Facs out in each year, in order
that the Governor may make an appointment
annually in this branch Of the court On Friday
the report in regard 10 Mr.. Cleveland was dc.
MED in tho newspapers, apparently on the au-
thority of Gov. Griggs Until then tncre seemed
nothing improbable In it, in view OF Mr.. Cevo.
lands return to the practice of the Jaw after
his first term, and his willingness at that time
to try eases as u referee Indicating that judi.
cial work was congcnial to him
The Court of Appeals rcconvened at Albany on
Monday, and Tuesday handed down dcci.
sions in flftyfour Hascs, some Of which were OF
much interest and Importance. None has ut
tIuClCu InOIe NcnCTdl attonuOn Inun undJ III inc
case of Riley Grammar, who was excluded from
the race track OF the Wcstchester Racing Asso.
citation in October Of last year because the New
York Jockey Club had just previously ruled
him off tho turf for Offering and making pres.
ents to jockeys, in violation of the rules of
| ing He sued the association, asking for
| injunction against the enforcement of the or
| der for his exclusion. and the Appellate nj.
| vision OF tho Supreme Court in the Second Do
| partmcnt held that he was entitled to prevent
| 1t from being carried into effect, inasmuch as
| race tracks were places Of public amusement,
| from which persons could not he permanently
excluded as punishment for once violating
| racing regulation. AS the Court OF APP
| pcas reversed the order of the Appellate Di-
| vision, it has certainly taken different view
OF the law, but what that view is only
| I've asccrtained from the opinion IN FULL which
has not yet been published.
The newspapers made good deal OF fun Of
| the APPELLATE Division OF the Supreme Court
| in this city last spring for deciding that it was
| not misconduct in policeman TO sit down on
box near a pail of beer. while he was on duty.
| The decision. however. has just been affirmed
by the Court OF Appeals. The precise charge
| against the officer. Michael Howard, was that
said patrolman. Michael Howard, sitting
on box at the foot of East l30th street, with q
| tin pail containing lager beer alongside OF him,
at 9:24 p. NJ, April Is. 1895, in company with
| Patrolman George Weidecke. during his tour OF
patrol duty" The proof showed that this other
officer was eating oysters. but Howard was
neither eating anything nor drinking. His eX-
cusc for sitting down was that he felt Ill from
the effects of u wound which he had received in
| the discharge Of his duties and it did not ap-
| pear that he remained sitting any considerable
| ptytl pf AG Nv In T,u har a
clared, the only thing proved against the officer
was that hesat down on the box, and there was
| no view OF that act which would make 1t mis-
! conduct justifying the Commissioners in dis
| missing him from the force. 1t is not surpris-
! ing that the Court OF Appeals has sustained
| his sensible conclusion.
An excellent judicial appointment was an
nounccd from Albany on Friday in the seec-
tion of jesse johnson of Brooklyn to succeed
the late William J. Osborne one Of the JUS
tees Of the Supreme Court in the Second Judi
cial district. Mr.. johnson has long been lead
| Ing member of the Kings county bar. and has
held office as Assistant Corporation Counsel of
the city of Brooklyn. United States Attorney
, for tho Eastern district OF New York. and Dele
gate at Large TO the Constitutional Convention
! OF 1894. In the last capacity he was Chairman
| OF the Committee on Cities in the convention
| ana nau IiCA 10 30 WIN lia!nI.lS the proNl-
sions III reference 10 cities as now embodied in
! the Constitution Of his state. He was also an
active member OF the Committee the Judi
ciary which brought about so many important
changes in the judicial system, under the lead-
/ ership of Mr. Eilhu Root. Dartmouth Col
, lege gains third judicial honor within few
/ months by the appointment of Mr.. johnson:
for, like United States District Judge Tenncy
and MIR. Justice Cohen, the successor of Judge
| Sedgwick in this city, Mr.. johnson is a gradu-
ate of Dartmouth.
The assumption OF highsounding title by
the FrenChman and the American woman in
London who called themselves the Duke and
duchess of Rio Grande shows how dangerous
such folly may become. Having obtained credit
| at their boarding place upon the assurance
that they expected larse rcnttances from
| America. they were finally prosecuted in the
County of London sessions upon an indictment
which charged them With havingsprocured such
credit by false prctcnccs to their names and
! ability to pay. Before the came on for
trial, however. the money from America ar.
! rived. and after the jury was impanellcd the
counsel for the prisoners stated this fact and as
surrd the Court that his clients had no intcnticl
to deceive anybody by using n title which they
picked up in Brazil, where the man had been
engaged in naval warfare in behalf of the in
surscnts. They were now able and willing tG
pay their board bill and wished TO be allowed
to do so and depart in peace. At this announce.
ment. the prosocutriX thought that she had moi
been so much Influenced by the pretended title
after ALL and said she would like to take tho
money and Withdraw the charge. The Chair
man and bench OF magistrates consented, the
board bill and costs We're paid in open court
and the jury rendered verdict of acquittal
British justice is not often so lenient.
Although it has long been well settled that q
breach Of promise suit may be maintained by
the man against the woman, well as by tho
woman against the man, it is very rarely that
the man comes into court as the complainant
in cases of this sort. An action of this cxccp
tional character which has recently been 'rieC
at Auburn. Me, terminated on Monday with {
verdict of 81 $50 in favor of the male plaintiff
The defendant had not only failed TO perform
her agreement to marry him, but had made he
refusal final and conclusive by marrying som,
one else. She claimed 10 have been released
from her engagement before she took up will