The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-08-28
Norns or LEoAt rrkvrs.

@As hN WE AHaN@ - ~
Ter allowing Mrs. Mary r. Goelet, the widow OF
Ogden Goelet. an additional year In which to
determine whether she will or will not accept
the provision made for her In her husbands
will in lieu OF dover. A valued correspondent
asks us for the authority under which orders
OF this character are made. The Revised Stat
utes OF this State have long provided that un-
less within q year the widow commences pro-
ceedings for the recovery OF her dover she
shall he deemed TO have accepted any testa-
mentary gift made To her in it's place and
stead. by Chapter ~ OF the Laws OF 1880,
he Legislature empowered the supreme Court
| TO further extend the time, II the probate Of
the will were contested or II an action had
been brought and remained pending for the
construction OF the will. A suit to construe
her husbands will has been commenced by
Mrs. Goelet against the executors. It has
been held by the General Term OF the Supreme
Court In this department that an extension Of
time under the Act Of 1890 should not be
granted in q case where 1t was apparent that
the wife could not maintain the action which
she had instituted for the construction OF the
husbands will.
We learn from the Long Island Farmer that
q lot OF old rusty milkcans were found on the
premises OF persons who did not own them. at
Rockaway Beach last week. by men profess
AlB W 10 lh5pCGLOAS III lhC vi NAC SNabOs
who threatened the possessors with legal pro-
ceedings under the very stringent statute Of
this State. which imposes q penalty for the
mere possession OF milkcans belonging TO an
other. unless such possession has been ac-
Quired with the consent OF the owner or his
agent. This rigorous legislation was deemed
necessary to protect milk dealers against the
unlawful appropriation OF their cans. and the
constitutionality Of the law has been main
tanned by the courts. In q recent case In the
Second Judicial Department, however. the Ap-
pellate Division OF the Supreme Court, speak
ing through Presiding Justice Goodrich. has
held that the statute is limited in its ~applica-
ton to vessels which are capable OF use as
milkcans. and that where a can is in such
condition that It is incapable Of further use for
holding milk; the mere possession thereof
without the prescribed consent does not SUBJ
ject the possessor to the statutory penalty.
Among those who paid the penalty demanded
In the Rockaway Beach case was a man
named Himmel. although the can had been in
his yard for Ave years, had no bottom to 1t and
was useless" Under the decision to which
we refer. 1t is difficult to perceive how he was
liable.
The announcement comes from West vir-
ginia that the indictment against Mrs.
Myra Atkinson for forgery has been quashed.
Mrs. Atkinson is the wife Of the Governor OF
the State. and the prosecution has naturally
excited much interest. The Court bases its
action on two erounds-1rst. that the indict-
ment Is defective because It fails to charge the
defendant with any guilty intent; and. Sec
ond, that the proceeding against the alleged
principal in the forgery having already been
dismissed. it is useless to prosecute Mrs. Akin
son any further. as she is accused only OF hav-
ing been an accessory to his crime. The first
objection could be cured by a new indictment,
but as the other n be overcome. the case
against the lady is probably ended. The
instruments alleged to have been forged were
checks and legal documents purportinG to
have been executed by her first husband dur
ing his lifetime. but to which it was said she
had procured another to aflx her husbands
name after his death.
Two mysterious homicide cases have puz-
Eled the police authorities In Manhattan and
Brooklyn during the past week-the killing OF
Miss Emeline Reynolds at the Grand Hotel
here and the killing Of the baby of Mr.. and Mrs.
James Dewitt at n Penn street. Brooklyn.
That o bludgeon was the weapon Of death in
the Reynolds case Is quite clear. but there is a
good deal OF doubt as to what was the agency
In the case Of the Dewitt baby. In
the Reynolds case the Identification Of the ac-
cused dentist by o number Of witnesses as
the person seen with the deceased shortly
before she must have been killed seems quite
but the absence Of any motive for the
murder Is q point In his behalf. and mistakes
in identity are proverbially easy. As to the
22-months-old child Of the DeWitts. it is i'm
to imagine any motive to kill him on
the part Of o sane person. unless possibly a
thief might have choked him to prevent an out
cry. The Reynolds case developed some fric-
ton between q new Coroner and City Magis-
trate simms. which enforces the argument in
favor OF substituting q system OF medical ex-
aminers, such as they have in Massachusetts,,
IN place and stead OF our Coroners. The Con-
was amended by the convention OF
1894 so as to allow this to be done. by permit
ting the Legislature to abolish the ONCE OF
but the idea has never been carried
out. The opposition In the rural counties Of
he State has proved much stronger than was
In administering Q system Of law like ours.
which IL built up 30 largely on precedent and
he authority OF previously decided cases. 1t Is
Inevitable that there should be much repeti-
lion and reiteration Of the same propositions
md ideas in judicial opinions. Are not our
Judges going very far. however. In the dlrec-
lion Of liberal quotations from preceding de-
,isions? In the thin pamphlet number Of the
.ao York Supplement for Aug. IL. 1895. are
out Ave opinions. Ono Of these Is by Mr..
Justice Adams Of the Appellate Division in the
Fourth Department. sitting at Rochester. in
which he copies at least q page from the Court
II Appeals decision In the matter Of Niles, re-
,orted In the 18th volume Of New York Re-
,orts. Another Is by Judge Clearwater. who
vas appointed to succeed Alton B. Parker as
Justice Of the Supreme Court in the Third
upon the accession Of the latter to the
moe Of Chief Judge Of the Court OF Appeals.
10 also inserts q generous excerpt from an
by Judge Andrews. reported in the
volume Of New York Reports. to
he extent OF o page or more. These Judges
70 not Alone In this habit Of extensive ex-