The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-16
rorEs or LEoAL ErExrs.

vcrsals as against thirty-ivo afirmances. This
proportion Of reversals indicates that the
work Of the Appellate Divisions Is being well
done. The full effect Of tho system established
by the new Constitution. however, cannot yet
DO felt, for many Of the cases on tho present cal
ondar Of the Court OF Appeals are cases from
the old General Terms. decided before the An
pellate Division OF the Supreme Court was or
ganized.
Francis G. Lowell OF Boston has been prompt
ly confirmed by the Senate rs District Judge
Of the United States for the district OF Massa-
chusotts, to succeed the late Thomas l.. Mel.
son Of Worcester. In Massachusetts this APP
pointmentis regarded rs much more desirable
in n pecuniary point Of view then would be n
like place on the Federal bench here, for tho
salaries Of tho State Judges there do not OK.
coed tho $4,000 q year received by the United
States district Judges. Tho confirmation of
Mr.. Lowell creates a vacancy in the Massa-
chusetts Legislature. in which he represented
Ward Eleven OF the city Of Boston.
The acceptance OF a plea of guilty Of man.
slaughter in tho first degree from Augusta
Mack, the a%ccomplice Of Martin Thorn in the
murder of William Gieldscnsuppe. has brought
the case against her to the end which was ex-
pected from the time she turned States evil
dence and told the story Of tho crimo on the
witness stand. She was sentenced to fifteen
years imprisonment. This Is the maximum
term for manslaughter in tho second de-
gree, but not for granddaughter in the first do.
gree, which is declared by the Penal Code to be
punishable by imprisonment for q term not
exceeding twenty years. We think the higher
penalty might well have been imposed upon this
woman, whose chief trouble of mind seems due
to her regret that she ever confessed at all. IL
Mrs. Mack earns the statutory Communication
for good conduct, her term OF incarceration
will TO reduced 10 nine years and five months.
which seems little enough for helping to kill u
man and carve him UP.
The Yuengllng Brewing Company case. which
was finally decided by the Court Of Appeals on
Tuesday, has been provocative Of much differ.
ence Of judicial opinion in its course through the
courts. The controversy related to certain
bonds Of the old corporation which the plaintiff
owned and which he claimed that the new or
reorganized corporation had agreed to'pay. Tho
agreement was not contained in the bill OF sale
by which the property of the old brewing com
pany was transferred to tho new brewing com
pany, and the main question was whether oral
evidence could DO received to show that tho
latter undertook, in addition TO what the written
instrument expressed. to pay the plaintiffs
bonds. The suit originated in the City Court of
New York, where the trial Judge directed a YER
dict in favor of the defendant. This was af-
frmcd by the General Term of the City Court.
The plaintiff then appealed to the Appellate
Term, and that tribunal reversed tho judgments
below and held that tho plaintiff was en-
titled to recover. The case was then sent across
the river to be heard by the Appellate Division
of the Supreme Court in Brooklyn. There the
Judgment of the New York Appellate Term was
reversed. and the Judgment OF the City Court
reipstated. There was a dissenting opinion in
the Appellate Division, however. and the Judges
allowed an appeal to the Court Of Appeals, whose
decision ~sustains tho views of the majority, I'D
verse to the plaintiff.
A decision which will tend to prevent sue
cessful dishonesty on the part Of national bank
shareholders was rendered by the Supreme Court
Of the Unitod States on Monday In a suit insti-
tuted by the receiver Of the Capital National
Bank of Lincoln. Mob, against a former d.
rector and shareholder. 1t appears that the de-
fcndant, knowing that the banks affairs were
in a precarious condition in consequence Of
he speculGtions of its President, made
an agreement to purchase certain real es-
tate and pay for 1t by transferring $50
shares Of his bank stock. This bargain
was carried out three weeks before the
bank failed. The receiver insisted that the de-
PENDANT was nevertheless liable to be assessed
for the Indebtedness Of the bank, inasmuch as
the sole purpose Of the transfer was to cvade
responsibility as a stakeholder in the event of
the anticipated failure of the institution. His
contention In this.respect has been upheld mall
the courts, and in the Supreme Court the action
OF the defendant in disposing of his stock was
declared by Mr.. Justice Harlan to be clearly
fraudulent.
Under the will of the late Marchioness Of
Londonderry, q life interest in the Garrontowor
estate in tho county Of Antrim was devised to
the Hon. Herbert Vane Tempest. The man.
sion is q fine building in a beautiful situation
on the seacoast. The life tenant has recently
applied to the Master of the Rolls in Ireland
(Rt. Hon. Andrew Marshall Porter for an Or
der in Chancery permitting him to lease the
house to a corporation in order that 1t may BIO
converted into n hotel and opened and main
tanned as such. The application was not passed
upon when first made, but seems likely to be
granted. 1t is suggestive. says the London
Times,,of the change which has taken place In
the conditions of landed property and the ira
ditional ideas Of the old aristocracy.
In q divorce suit tried last month in the
Probate, Divorce and Admiralty Division of
the High Court of Justice in London. tho Presi-
dent judge, Sr FRANCIS Jeune, ueemoQ the case
to be of such n character that publicity vas un.
desirable, and accordingly he courteously asked
the newspaper reporters In attendance to with
draw from tho court room. This they did at
once; and on the following day tho Judge sent
them a note in which he said: 81 wish to OK.
press my acknowledgements to the gentlemen
of the press for their withdrawal from the court
at my request yesterday during the hearing of
a particular cause. They may be quite sure
that / never have made and never shall make
such q request except on very rare occasions.
when in my Judgment a distinct and serious in.
jury to public morality would result from the
publication of the proceedings" in response
to this note, we are told that "the gentlemen of
the press expressed their sense of confidence in
his lordship in such cases." The incident fur.
nishes q pleasing example OF mutual respect.
The Lord Chief Justice of England has lately
taken occasion to condemn the practice. which
appears to be increasing In the English courts,
of instituting libel suits without any real griev-
ance behind them. In the first instance. his