The sun., 1900-12-16
v0rgs ~ gSGsI yIy,rs

.
"f ~ uited state. was that of Silh- Me-.
sndor II N"w M"Sicn 10 be Asaucpta Justice
~ the supreme Cour, ~ tho 1ctritou ~
New McNoo. vice Charles \ Iclnud. resigned
ON tho 9TH ins' undor the head " Nrminn.
tton', ~" 'opUI, uYnoi E,,,ta contained
the following entry tssocato Justice
DInioi N HpIH,an ~ Ncw York, g. ho N-iu-
ciato Justice ~ the supreme court ul tlr
Territory 81 New Mex,,o. vice Charles Ic-
mhd, resigned Tho Nomination ut SIlUs
Alexander tor the aboNp-na med pos. ton.
which was delivered to the senate De, =,
1900. is hereby Withdrawn" The circum-
stances which led to the substitution OF Mr.
Mcmillan for Mr. Alexander have not been
disclosed but the Pnnpun,emcn, Of thu
nomination was a great surprise IN Buffalo.
wher" Mr. Mcmillan has pract,ed law since
his admission 10 the bar in ~: Ne was
student at Cornell University before that
and his legal studies we're carried on in the
"rice OF II" firm 10 which President Ccve-
land belonged Mr. Mcmillan was a Rcpuh-
ican stat" senator i,s5-s, and a Delegate
ut-Largo to the Constitutional Convention
. "i lspt According e. the lf'alo papers
he has recently been residing In New Mexico
( on account Of his health aud It is not in.-
/ probable that this consideration has been
z
TO accept a judicial position which Is So poorly
| paid-the salary being only 5000 year.
| Although the late William Louis winans
| or baltimore had never renounced his 4 mer-
lean citizenship. the Queens Bench Division
OF the sh Court OF Justice has decided
| that his estate IL liable TO legacy duty under
! the English law. The statute makes this
liability dependent upon domiclle. and II
Nc "A. lit. 4 ~.
legacy duty was payable. even though he
was born Ia the United States and had never
been paturalzed In Great Britain since
1850. when he went from this Country to
Russia 70 represent his fathers firm in carry
ins out their great Notwithstanding con-
tracts with the Govern ment. he had lived
most OF the time In Russia and England. and
since 1870 chiefly In England He died on
June 23, 1900. at the age OF -. leaving for
tune which was stated in court to exceed
twelve and a half millions OF dollars in value
He was in the habit 81 LEASING deer forests
In Scotland for the shooting. and the At
torney General, who appeared for the Gov
eTn nment in the tax case said that In one
instance Mr. Winans paid as much as G3O. 900
for such lease Mr. Walton, Q G.. who
represented the Winans estate argued that
little weight should be attached To this cir
cumstanCe. for millionaire like Mr. Winans
bought leases as another man mcht buy
gloves. and shut up the house as soon as he
was tired OF it" one Of the sons testified
that his father was u very strong AmeriCan
in feeling and intended to return to A merica
10 live a. soon as he perfected the cigar
shaped stea mer which he had devised The
Court held. however. that inasm UGH as this
intention remained unfulflled his home was
unquestionably in England at the time Of his
death.
T, TIA oos. -, u.ulio, S.,eo,, ooo,,,,.
rovi,wad he ,ba cour, -, ,nr.,ls ,ha ~
d.-ad r,o,,,on o,,ao,s ., hn,.o - riiina
hv tho dafsnd,p, ubuo h. ua. a,,,,.,,,i,,
to steal her watch and iawolrv Tho liIliny
ws. done at n Cat in tbis ci,v IN tho davtI,,a
altar tho busband y, ,b, ,.,cti, rod lof, r..
20 ,o douptoun 20 III. husinoss Nu-dar.
,bu. nrnr, n,sd nv IN. r,o,iy. q, r,Lh.r,
ors 20 r,lv norr.,r,,ad dm,In,, da,.li,h, r.,
such n thicklv inhabitsd l,cali,v The most
serious question raised oy the appeal related
70 the correctness OF what was said by the
trial )uose IN Iesaru 70 eircunstaht!aI eVi.
oence' AFTER oeciarihs that oiroui!slahtiil
evidence was Just as sood as any other evil
oehce II II satsueo the ]ury ueyoho reason
aoie oouo' oi 'he gun. o' the aceuseo person.
The learned 1uoSs ADDED; just as many
cases ana. ihueeu' according 10 the DOCKS
more cases o! wrongful verdicts have resulted
fron diract exidanca than from, cIrcu,n.
-, t. - -
staht.ai e'iuehco' ana the hotiohs thae some
men have In regard to the force and effect
n, c,rcum.,antial evid.nos I bsvs found
~, -, -, ~
curing nearly iorty years OF practl'e AT tAe
criminal bar Of this State and upon the bench
most of ,hose cases are found in ronances
" ~
anu IN ara IIlAs' "here the writer "eaNcs
a
s.o,css having alvav. in his mind nm ex.
-
pIaHduoh LOT thch' anu e''ilsr aIter they
are condemne or Just before, the explaua-
,ion arrival and tho haro ~ tho dra,,a or