The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-26
xorrs on EroAL rrENrs.

tho Appellate Division OF the Supreme Court on
Monday, designating Judge Willard Bartlett Of
Kings county and Judge John Woodward OF
Chautauaua county to be Associate Justices In
the Second Judicial Department. Judge Bart
lett succeeds himself. having been a member Of
the Appellate Division since Its establishment
at tho beginning Of 1896, while Judge Wood
ward succeeds Justice George B. Bradley,
whose term of office expires this year, and
whose ago renders him ineligible for further
judicial service under the provisions Of our
Constitution. judge Woodward Is one OF the
Junior members of the Supreme Court, to which
ho was elected in 1896. when about 81. years
Of age, having previously served one year un-
der an appointment by the Governor. He is q
resident OF jamestown, is n son.in.law Of Judge
BarAer, formerly q well.known Justice Of tho
Supreme Court In the Eighth district, and has
been District Attorney Of Chautauuua county.
On several occasions during tho present year
he has held trial terms acceptably in this city
and In Brooklyn.
Tho sudden death OF Judge Charles Daniels
Of Buffalo, which occurred on Monday, will be
greatly regretted by all who know how faith
fully he served the public during his long term
on the bench Of the Supreme Court, and the
four years in which he represented his district
in Congress-. after his judicial work had tor
minated. Even in this land Of generous posi-
bilities il is rarely that n man rises to profess
sional distinction who begins life az q shoe
maker: vet Charles Daniels made his living by
making shoes while he was studying law. He
was nrst elected to the Supreme Court In 1868,
and was twice reelected, retiring from the
bench in 1891, only to DO chosen q member Of
Congress in the following year and again in
1894. For upward Of fifteen years before his
retirement Judge Daniels served continuously
as one Of the Associate Justices Of the General
Term Of the Supreme Court in this city. with
the exception Of a year or 80, whom Judge
Charles II. ingalls, Of Troy took his place.
Probably no moro Industrious lawyer than
Judge Daniels ever lived. He would literally
rather work than eat: for he always remained at
the court house writing out his opinions or pre-
pairing them, while his brethren of the General
Term went to luncheon. And those opinions.
of which there are many In the books, bear evil
dencc not only OF his marvellous power for
work. but of the legal acumen. the technical
knowledge of the law, and the clear sense Of
justice which distinguished him. Judge Dan
iels had always been q man Of such vigorous
health that no rarely wore an o%vercoat until in
recent years, and we doubt whether he was
ever known to wear one while he was in this
city.
The recent proceedings in the English Bank
ruptcy Court in the case Of the Earl Of Rosslyn
illustrate tho efficacy Of racing, cards, and
other forms OF gambling in bringing a rich man
to poverty. IL he adheros to such pursuits with
sufficient steadfastness In 1890, when this
young nobieman succeeded to the title, the net
income of his estates was about S75, 900 o year,
the membranes thereon being about $15O,OOO
Now the membranes equal $780, 600, and
tho net income is nothing. At the first meet
ing of creditors this month they were told that
they could take an order adjudging the Earl q
bankrupt II they liked. for there were absolutely
no assets, and nothing would be paid In bank
ruptcy. He hoped. however, to be able to offer
them something on their claims at q later day.
1t was stated that until recently he had dc.
rived some revenue from a pheasant farm on
which he raised birds and eggs to sell, but this
property, like all the rest, appears to have done
the money lenders more good than the owner.
The indulgcnt creditors granted the time de.
sired by the noble debtor.
The Town law Of this State provides that nc
trustee of q school district shall be eligible to
the office OF Supervisor Of any town or ward.
At a regular town meeting in North Salem,
Westchester county, Isaac Purdy received the
largest number of votes for Supervisor of that
town. The question arose. however, whether
these votes had the effect Of electing him, in.
asmuch as he was a trustee of a school district
at the time Of the town meeting. Mr.. Purdy
resigned, after the result Of the election was de.
clared, from his position as trustee of the
school district. and qualified as Supervisor,
whcreupon the Attorney-General brought a suit
against him to try his title to the office. At the
trial term, tho court held that the candidate
could become Supervisor II he had ceased to be
trustee when the term of the Supervisor began,
and that the fact Of having been q trustee OF
a school district at the time of the election did
not stand in the way. In the Appellate Divis.
ion. on the other hand, Mr.. Justice Cullen de.
clared In substance that the word eligible in
tho statute meant capable of being chosen al
tho time the choice was made, and that a school
trustee was therefore incapable of being elected
a Supervisor. This view. which led to a re,
versal of the judgment, has recently been an
proved by the Court of Appeals. Judge Denis
! O'Brien, speaking for that tribunal, says that
Judge Cullen's opinion discusses the question
so thoroughly and ably that 1t covers the whole
ground and that his conclusion is we'll sus
tained by reason and authority.
A notable observation concerning the prepa.
, ration made by district attorneys for the trial OF
homicide cases is to be found In the opinion OF
Judge Celora L. Martin of the Court of Appeals
in the case of William J. Koernor, which went
up from the Court of General Sessions of this
city. we cannot fail" says Judge Martin, 'to
observe tho many needless questions that are
presented to this>court apparently through the
overzeul of those acting in tho capacity of public
prosecutors, which might have been easily
avoided by a more careful preparation and trial
In the hurry and confusion attending such a
trial. the court should not be expected to al
ways correctly determine every embarrassing
question that the ingenuity OF opposing counsel
can present. A public prosecutor Is a public Off
Ger whose duty requires only that he shall fairly
present to the court and jury the question In
volved in his case. When he goes beyond and
by ~captious objection or ill.considered offer i'm
poses upon the trial court unnecessary burdens
that an adverse result may ultimately follow
may well be expected" We do not know Il
what particular member OF the district attor
ney's staff these remarks refer; but we are in