The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-21
HorEs or IEeA1 EVENTS.

debts I'm Jnpan, which In particularly interest
ing TO merchants engaged In our increasing
trade with that country. The legal procedure,
he says. is In general similar to that prevailing
in the United States, namely. by action law
simply, or By action with attachment OF the
debtors property" The tribunals available
for the recovery Of debts are ~ local courts.
which have jurisdiction In cases involving less
than nifty dollars and ~. district courts In
which suits for amounts In excess OF NIFTY dol
lars may be brought. From the district court
q case may be taken to q court OF intermediate
appeal and thence to the Supreme Court OF tue
Empire. Suits to recover the purchase price OF
goods must be commenced within two years
from tho time fixed for payment Nonresident
plaintiffs are obliged to give security for costs
and the Con sui General advises such plaintiffs
to furnish their representatives In Japan with
ample powers OF attorney attested by jap
sness consular officer.
A bicyclst who was recently held to answer
before the grand jury for running down
pedestrian on a sidewalk In st. Paul has
brought suit for $4,000 against the ST. Paul
Pioneer Press for publishing an article on the
general subject OF scorching by wheelmen in
which his case was mentioned. by way OF adj
monition. without giving the name OF the
alleged offender at all. In very sensible dis
cussion OF the law OF the sidewalk. that journal
comedies that there Ia no well-founded objec-
ton to the use OF tho sidewalks by wheelmen
In the sparsely settled portions OF city. where
the unpaved streets are often impossible for
bicycles on account Of the mud In wet weather.:
provided that the riders will recognize the
superior rights OF pedestrians in that part OF
the street which Is primarily designed for
travellers on foot, IL seems that the associ-
ated wheelmen In st. Paul appreciate the
duties OF blcycists in this respect and have
organized volunteer police OF their own to
see that riders do not abuse the privilege
which they enjoy OF wheeling upon the side
walks In some parts OF the town. They realize
that II wheemen persist In riding on the side
walks at a dangerous rate OF speed. the city
authorities will have no alternative but to pre-
vent them from riding thsre at all.
A remarkable divorce suit was heard In Lon
don on the I'd Of August. before Mr.. Justice
Gorell Barnes and Jury. Tho plaintiff was
George Kendall. described as q concert vocal
list. who made singing tour in this country In
1897. and the respondent was his wife Kate
Kendall to whom he was married in 1887 and
who is the mother OF three children. The wife
interposed no defence. but took the stand as q
witness and testified that she had confessed
her marital infdelity to her husband and that
her onfession was true Her confession i'm
plicated DR.. George H. Darlington. who was
named In the suit as spondent, and six
other gentlemen residing at Poole, in the coun-
ty OF Dorset. and the paternity OF her last born
child was imputed to DR.. Darlington. The doc
tor. against whom the husband sought to re-
cover damages. de:ended the suit most vigor-
ously. swearing that the wIfe's whole story OF
Intimacy with him was false from beginning to
end. Her statements were utterly unsup-
ported BY oorroborative evidence. and In tho
end were rejected by the jury.who Immediately
found verdict acQuittinR DR.. Carrin gton.
Their action was approved by the learned
Judge. who said It was not unknown in his
court for women to get false ideas OF their own
inhdelity on the brain. False confessions OF
crime are BY no means uncommon in the
annals OF the law. There are many instances
on record in which murder has been confessed
by persons absolutely innocent. False confess
sions OF marital inndelity. however. are seldom
made except In cases where tho husband and
wife are plotting to mulct the alleged para
mour in damages.
Thelaw reports show q con stantly Increasing
number OF cases In which the appellate courts
are asked to set aside convictions In criminal
cases on account Of the improper conduct or
arguments Of counsel upon the trial. In Texas
the Court Of Criminal Appeals has recently de-
clined to reverse judgment in a murder case
because OF the remark OF the prosecuting at
torney to the jury. in the course OF which he
said: They talk about defendant having his
throat treated. In my opinion his throat needs
one more application. and that Ia about twenty
feet Of rope" The Texas Code Of Criminal
Procedure. however. provides that the former
conviction Of defendant In a criminal case
shall not be alluded to upon his subsequent
trial for the same offence; and the same
court has lately been obliged to set
aside second conviction In case where
the prosecutor insisted upon informing the
jury that the prisoner had previously been con-
victed. In no other way could the statutory
prohibition be made available for the protec-
ton Of the defendant
In the case OF Rieger Us. Tribune Association,
reported In the pamp hlet number OF the Com
bined Official Series Of Law Reports for August
IL. 1899. tho Appellate Division OF the Supreme
Court In this department calls attention to the
impracticabilty Of noticing every point pre-
sented by counsel upon the argument OF an
appeal. One OF the counsel. In tho case cited.
assumed that because his name did not eppear
with the opinion. neither his oral argument
nor his brief had been considered by the Court
1t appears that tho omission occurred
through an oversight OF the copylst. and the
assum ption that the argument had been also
overlooked. Is declared to be entirely without
foundation. No such implication should follow
from the TACT that judicial opinion does not
touch specifically upon every question rgued
TO discuss every point presented and argued
by counsel on appeals from judgments" say
the Court. would add immensely to the length
OF written opinions with which tho courts and
the profession are now SO ovsrburiened- All
that the appellate courts can be asked with
any proPristy to do. 70 to discuss the question
OF the liability OF the parties sought to be
charged In the action and TO set forth the rea-
sons that appear TO the Court to require the de-
cison rendered"
Golflng seems to be growing In popularity
among the Judges. Circuit Judge Le Baron b.
Colt. Of Rhode Island. o member OF the United
States Circuit Court Of Appeals In the First
Circuit. recently played notable game on the
links near Wentworth Hall. New Hampshire. |
with NJ. T. Dickinson. q prominent lawyer. who
was a guest at the same hotel. The dlstin- |
Ruished contestants were coached by their
sons. one Brown University graduate and
the other Harvard man. The Boston Record
tells us that the Court got the better OF the