The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-10-24
xorEs OF LEGAL EVENTS.

those who had followed the details of that re-
inarkablc murder trial. The most difficult
prosecutions for homicide are those in which
there is n substantial controversy In regard to
the fact OF the death OF tho person supposed TO
have been killed. Mere disappearance is not
enough TO establish the fact of death. This was
held in this State in the celebrated case OF
Rulof. who was convicted in Tioga county in
ls5B OF tho murder Of his infant daughter
eleven years previously. The proof was that
the prisoners wife and infant daughter were
seen alive and well on June "a, 1SI5, by a neigh.
Dor who lived across the road FROM his house:
that no one In the district where they lived had
ever seen them since; that Rulof drove away
with a box in II wagon next day; that after his
return he abscondcd TO Chicago, and that he
there stated that his wife and child had died
on the Illinois River. Upon n review of the
conviction in the Court OF Appeals "a new trial
was ordered on the ground that no direct evi.
dcncc Of the death q. tho alleged victim mad
been given. and Huloff escaped punishment on
that Indictment, only to be hanged fifteen years
later for the murder OF n clerk in "A store Mt
ninghamton. In the Luctgcrt case there was
not only evidence tending TO show that the
bones supposed TO be those OF the murdered
wife were not human bones at all, but that the
wife had actually been seen alive since the date
of the alleged murder.
The Court OF Appeals on Friday affirmed the
decision OF the Brooklyn Appellate Division In
another important election cas., relating TO the
office OF Coroner in the Greater New York. Tho
new charter provides for the: election Of four
Coroners in the borough Of Manhattan. two in
the borough of the Bronx, two In the borough
of Brooklyn. three in the borough Of Queens,
and two in the borough of Richmond. Three
questions were presented: ]. Whether tho
office Of county Coroner has been abolished and
the Office OF borough Coroner substituted there
for: .. Whether the term OF the borough Coro-
ncr5 is TO be four years or some shorter period,
and. 3, whether borough Coroncrs are to he
chosen at the general election this year. Mr..
Justice GaynOr at Special Term and Mr.. Jus
tice Cullen. speaking for the Appellate Divi-
sion, held that the Legislature in creating tho
Office OF borough Coroner had nbrogated that OF
county Coroner, and that borough Coroncrs
must be elected this fall for a term Of four years.
This construction Of the charter is sustained
by the Court Of Appeals.
The American Philosophical Society OF Phil.
adelphia will award in 1879 the Henry NJ.
Phillips prize of two thousand dollars lawful
gold coin Of the United States for the best
essay on The Development Of the Law As Illus
tratci by the Decisions Relating TO the Police
q 'N'l VI AiIt W nav A'N'ANN ~ " ~
cular signed by Prof. G. stuart Patterson and
others constituting a committee OF the society,
calling attention to the regulations governing
the prize. which was founded bv Miss Emily
Phillips of Philadelphia in honor Of the la'e
Henry NJ. Phillips, her brother. The essay
must not contain more than 100000 words, cN'
elusive of notes, and the notes, II any, should be
prepared as an appendix. II may DO written
in English, French. German. Dutch, Italian,
Spanish. or Latin, but II in any language hui
English. 1t must be accompanied 10y an English
translation. The competing essays must be
sent TO Mr.. Frederick Fralcy, President of The
American Philosophical Society. loi South
Fifth street, Philadelphia, before May l. 1880
They must be signed by II motto or assumed
name, the real name of the author being sent
herewith in II scaled envelope. indor=ci with
the motto or assumed name affixed To tn,
essay. This ought to be an attractive priz'
TO young lawyers OF literary and philosophical
tastes.
The brief decision recently rendered by tht
Court OF Appeals in the case OF Birdie S. Stern
berger is OF much more Importance than car
he appreciated without a knowledge OF tn
proceedings in the courts below. 1t definite
ly fixes the limits Of the Jurisdiction of tn
Court Of Appeals and the Appellate Division
OF the supreme Court in habeas corpus cases in
volving the custody OF children. The con
trovcrsy arose between n husband and w.ft
who were living apart, and 1t related to the Gus
tody Of "A boy ard girl : and ; years OF age. tn
child rem OF the marriage. Testimony WAS takeI
before a referee, who reported il favor q
awarding the custody TO the mother. The cour
ut Special Term refused TO confirm the referee
report and made an order committing tn
children to the care Of the father. An appca
was taken by the mother TO the Appellate III
vision in this city. which reversed the Spccia
Term order and restored the children 10 tn
mothers custody. The father then appcale,
10 the Court OF Agpeals. That tribunal Ia
dismissed his appeal on two grounds; First
because the order OF the Appellate Division
was discretionary, and therefore TIE Court o
Appeals has no power to review it, and, second
ly. because the Appellate Division had unani
mousIy decided upon the facts that it was 70
the benefit and welfare of the infants to b
conhdcd to their mothers cure. and the Cour
OF Appeals must assume that the evidence wa
sufficient TO justify that conclusion.
The opinion OF the Appellate Division In tn
StcrnbcTEcT habcas corpus case was write
by Mr.. Justice Patterson and contains some sp
observations in regard 10 marital infelicitic.
and the exciting causes OF unbaI
pincss. Referring to the conduct OF the hi,
band which led TO the separation. and in tn
view OF the learned Judge justified the wife il
lea wing the husband, because forbcarance an,
submission had ceased to be possible, he said
There are degrees, and very marked ones, q
in.trcatment. lndeccncies and foulness q
speech may constitute very gross ill.trcatneu'
What would be pleasantly 10 II Billingsgato fish
woman would be a mortal Insult, carrying wit
il a sense Of The deepest degradation. TO a r.
fined and cultivated lady" While tho law /