The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-08-01
PEOPLEMARRY TOO
YOUNG SAYS, MACHEN.
Alexandria Lawyer Reads
Paper Oh Divorces
At Association.
MR.. w. r. MEREDITH
NOW PR E SIDENTs
Prominent Richmond Attorney
Succeeds Mr.. A. G. Braxton.
Mr.. Minor Again Chosen
Secretary and Treas
urer-AIr. Byrd
Reads Paper.
MIR. w. r. MEREDITH
NOW DIR z cTnEN MT,

Especial From staff Correspondent
The chief feature OF to-day's ses-f
Hlons Of the Virginia State Bar Asso-.
citation were the election Of officers
for the ensuing year. and the read
ing Of n strong paper by State Senator
Lewis H. Machen, of Alexandra, on
THE Duty of the State to Diminish
Divorce.
Mr.. Wyndham II. Meredith. OF Rich-
mond. was made president and John
3. Minor, of the same city, was re-
elected as secretary and treasurer.
President Braxton. at the evening
session, announced tho appointment Of
Z the following delegates to the annual
meeting Of the American Bar4Associa-
tion. Hon. E. C. Massie and Hon. S. S.
T. Patteson. OF Richmond and Colonel
James r. Cation OF Alexandria. chair
man a. A. Campbell. OF the obituary
committee, reported that the following
members had died since the last meet
Ing: Judge John II. Fulton, Wythe;
Judge j. 3. McCabe, Loudoun; Hon.
john Il. Rixey, Culpeper; Mr.. Jno. II.
Lewis, Lynchburg; Hon. r. w. Win.
borne. Roanoke, and Hon Jno. G. Blair.
Wythe.
Paper on Divorce.
The election Of Mr.. Meredith as presi-
dent of the association met with great
favor among the members, and when
the chair announced that he had been
chosen without opposition and by ac-
ciamation, there Was great applause.
Perfect harmony prevailed with refer
ence to the selection of all the officers,
and every one appeared satisfied with
the results The paper read by Sena-
hr, ,Y1,i ,ias AZ i.I,
ing divorces WAS a. most Interesting
one, and though he is still single, he
had much to say concerning the gen
cral subject OF marriage. Hon. S. s.. F..
SFatteson got through a resolution
providing for the appointment OF a
committee to look into the question
pf providing official stenograpaers for
Eli The courts Of record III the State
JOHN a1nrshnII Memorial.
The John MARSHALL memorial matter.
game up again on the resolution. Of
Tered formerly by Colonel =. c. Mas
kie, of Richmond. and after much dis
cuasion 1t was resolved to name
committee OF five to confer with
similar body from the American Bar
Association with the view OF acquir-
ing and maintaining memorial room
IN the building where the great jurlst
so long resided.
The annual address TO the associa-
tion will be delivered Tomorrow
morning by the Hon. J ohm r. Dos Pas
sos of New York.
Mr.. Byrd's Paper.
The feature of the morning session.
which was called to order about 1890
O'Clock by President Braxton, was the
reading OF a paper on The Province
OF the Court In Jury Trials" by Hon..
Richard Evelyn Byrd, Of Winchester
8 The officers chosen were IS follows:
President, WyLdham r. Meredith.
Richmond: Vice-Presidents-
Section, Don p. Halsey, Lynchhurg;
Valley. Richard Evelyn Byrd, Winches-
ter; Southside Charles Trotter Lassi-#
ter, Petersburg; Southwest, j. Normcnt
Powell, Bristol; Tidewater. Louis c..
Phillips urbanna; Secretary and Treas \
urer, John B. Minor. Richmond (re-
elected). Members OF executive com
,nittee to succeed members whose terms
expire-J. B. T.. Thornton, Manassas;
b. r. Buchanan, Marion.
The chair announced the following
committee on obituary: a. A. Calnpbell,
Professor G. A. Graves and j. N. Bur
CESS.
The reading Of Mr.. Byrds paper on
'.Thc Province of the Court in Jury
Trials" was greatly enjoyed, and when
tho Valley statesman concluded and
bowed his thanks to the body there.
was prolonged applause.
The association shortly adjourned for
lunch. and the author of the document
was congratulated by a large number
OF members.
Present system Unsn tISfnctory.
The paper dealt with the law Of the
~.
BYRD took the position that too many
just verdcts were set aside because OF
Important defects in the Instructions
granted or in refusing instructions
offered Among other things Mr.. Byrd
said certainly nothing could be more
unsa tisfactory than the present sys-
tenn of giving instructions Many a
Just verdict Is lost because of some
unE',arded expression in an instruc-
tion upon some suppositon that the
Jury may have been misled thereby,
when in fact It had no weight}wlth the
Jury whatever. a verdict will not be
set aside II an instruction is errone-
ous, but even If by any possibility 1T
may be misleading, the exact limit TO
which 1t must be misleading has never
been defined. That is resolved in the
consciousness of an appellate tribunal
wholly removed from the drama of the
trial.
Under the present system of IN
structions a verdict has to encounter
the charge Of being set aside, either
because the instruction Is erroneous In
Jaw or because 1t is misleading with i
out being actually erroneous, or be-
cause II is analogous or is too con-
crete. or because ofIits phraseology. Or;
for many other sins which instruc-s
tons are heir to. We have developed
in this State system of instruc-
tions almost as artificial and impracti-
cal as the old system of special plead
Ing a
Its Anomalies Known.
Mr.. Byrd said that the appellate
court had perceived the anomalies and