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before probate is made good by subsequent probate, other, was insufficient to establish an attempt to "for it is sufficient if the probate appears upon the murder. So on an iudictment under the same chapter declaration." In Thompson v. Reynolds, 7 B. & C. | for attempting to discharge loaded fire-arms at a per123, the true doctrine was more distinctly explained. it was held in Regina v. Lewis, 9 C. & P. 523, that In that case upon an issue made by plea and replica- some act must be shown to prove the person did attion whether the plaintiff was executor in manner and tempt to discharge the fire-arms, and merely presentform as averred in his declaration, in which he actually ing them was not sufficient. *Upon an indictment for made profert of his letters, he was allowed to recover, attempting to discharge a pistol loaded with powder although the proof showed the letters were not granted and ball with intent to murder, a witness testified, until some months after the declaration was filed. In “the prisoner took out a small pistol and said: 'I will equity also it has been held that proof of probate be- settle you,' or 'I will do you,' and either half or full fore the hearing is sufficient, although occurring dur-cocked the pistol, and pointed the muzzle at my ing the litigation. Humphreys v. Humphreys, 3 P. brother," with his finger on the trigger; yet it was Wms. 349. And see Comber's case, 1 id. 768. Richards held the charge of felony could not be supported as it v. Pierce. Opinion by Campbell, J.
was not proved that the prisoner drew the trigger. FRAUDULENT CONVEYANCE
Reg. v. St. George, id. 483 (38 E. C. L. R.). Parke, B.,
said: “Here a trigger was to be drawn and it is not who was indebted to V. to the amount of $1,000, sold drawn. It seems to me the object of this act was to him merchandise for $1,600, V. giving his own nego
punish proximate attempts, that is those attempts tiable notes for the difference between the debt and
which immediately lead to the discharge of loaded the purchase-price. In an action by V. against a
fire-arms." It is true in People v. Bush, 4 Hill, 133, a sheriff who had attached the goods at the suit of cred conviction was sustained for an attempt to commit a itors of F., the court below ruled that if V. purchased felony, where the act proved was as remote from the in good faith in payment of an actual debt from F. to crime intended to be perpetrated as the act proved is himself and gave to F., for the difference between the in the present case. That ruling, however, rests on a debt and the price of the goods, his negotiable promis- statute of New York which contains language not in sory notes, he got a good title as against creditors,
the English act cited, nor in the Pennsylvania statute. even though F. may have sold with intent to defraud It has the additional words, “and in such attempt them. Held, that this was correct. Where a person
shall do any act toward the commission of such buys for the sole purpose of obtaining payment of an
offense." Pennsylvania Sup. Ct., Oct. 25, 1880. Stabhonest debt the circumstance that the seller intends to
ler v. Commonwealth of Pennsylvania. Opinion by hinder or defraud his creditors does not make the sale
Mercur, J. void. It must be made out that the buyer participated
GRAND JURY - OBJECTION TO COMPETENCY OF in the fraudulent intent. Hill v. Bowman, 35 Mich.
JUROR — WHEN IT WILL AND WHEN IT WILL NOT LIE. 191; Loomis y, Smith, 37 id. 595; Jordan v. White, 38
— (1) The expression of an opinion that an accused perid. 253; State Bank v. Chapelle, 40 id. 447; Dudley v.
son is guilty, by a grand juror before he was sworn, Danforth. 61 N. Y. 62. The sale was an outside thing appears never to have been a ground of challenge in and it was either good or bad. It was not divisible so
the English courts. Some respectable authorities in as to leave so much as the prior indebtedness repre
this country hold that it is, but these generally hold sented, good, and so much as the notes represented,
that tho exception must be taken before the grand jury bad. As the notes were negotiable and given in time is sworn. The common law requires grand jurors to they might be enforced against the maker and there be good and lawful freeholders and inhabitants of the was ground for regarding them as payment. Beur-county; and where that law prevails a disqualified mann v. Van Buren. Opinion by Graves, J.
grand juror may be challenged before indictment found. 3 Bac. Abr., Juries, A; 1 Chitty on Crim. Law,
309; United States v. Williams, 1 Dill. 492. In People CRIMINAL LAW.
v. Jewett, 3 Wend. 314, it is said. "There are causes
of challenge to grand jurors, and these may be urged ATTEMPT- - SOLICITATION TO ANOTHER TO COMMIT by those accused, whether in prison or out on recogCRIME, NOT. – A Pennsylvania statuto provides that, nizance, and it is even said that a person wholly disin"if any person shall attempt to administer auy poison terested may as amicus curiæ suggest that a grand or other destructive thing, or shall attempt to cut, or juror is disqualified. But such objection, to be availstab or wound, or shall shoot at any person, or shall | ing, must be made previous to the juror's being imby drawing a trigger, or in any other manner attempt panelled aud sworn. In the case of United States v. to discharge any kind of loaded arms at any person, or Burr, before the Circuit Court of the United States at shall attempt to drown, suffocate or strangle any per. Richmond, Va., the prisoner was allowed to challenge son, with intent, in any of the cases aforesaid, to com-grand jurors, on the ground that they had formed and mit the crime of murder, he shall, although no bodily expressed opinions of the prisoner's guilt. But the injury be effected, be guilty of felony. Defendant, challenges were made before the grand jury was imwho had ill-feeling against W., solicited N. to place panelled and sworn. Burr's trial by Robertson, 38. In poison in a spring belonging to W. so that W. and his Tucker's case, 8 Mass., the court said that Burr's case family should be poisoned, and handed N. some poison, was solitary in allowing challenges to grand jurors, directing how it should be administered, and offering and a juror objected to by the amicus curiæ was sworn. N. a reward. N. refused to have any thing to do with In Commonwealth v. Smith, 9 Mass. 107, it was held the matter and handed back the poison. Several days that objections to the persoual qualifications of a grand after he found the poison in his overcoat pocket. Held, juror, or to the legality of the returns, cannot affect that there was not sufficient on the part of N. to con- any indictments found by the jury after they have stitute an attempt to administer the poison. Mere been received by the court and filed. In Musick v. soliciting one to do an act is not an attempt to do that People, 40 Ill. 268, it was held that if an expression of act. Rex v. Butler, 6 C. & P. 368; Smith v. Common- opinion by a grand juror were a ground of challenge, wealth, 4 P. F. Smith, 209. In Kelly V. Common- the objection must be taken before the juror is sworn. wealth, 1 Grant, 484, it was held that acts were neces- In Indiana, a person under prosecution for crime, and sary to constitute an attempt. Under a similar statute in custody or on bail, may challenge, for good cause, in Regina v. Williams et al., 1 Car. & K. 589, it was any person returned or placed on the grand jury. held that the delivery of poison to an agent with di- Hudson v. State, 1 Blackf. 317; Jones y. State, 2 id. rections to him to cause it to be administered to an- | 475; State v. Herndon, 5 id. 75; Hardin y. State, 22 Ind. 347; Mershom v. State, 51 id. 14. In Hardin v. both. We note the following: Matter of Leszinsky, p. State the court say that “uo doubt challenges to the 9.--A statute provides for a pecuniary penalty, for a polls may be made where any of the jurors have not fine, and for imprisonment. A civil judgment for the the necessary qualifications. These challenges, how- penalty does not bar a criminal prosecution for the ever, must be made before the jury are sworn and fine or imprisonment. United States v. Buffalo Park, charged." In Pennsylvania, the defendants in the case p. 189.-A racing park association are not liable to of Commonwealth v. Clark, 2 Browne, 325, being in taxation as conducting a “public exhibition of feats of jail on a charge of homicide, were allowed to challenge horsemanship,” or a “show.” Robinson v. Mutual grand jurors for favor, before the grand jury were Benefit Life Ins. Co., p. 194.-A policy procured by a sworn. In New Jersey, the court in the case of the husband on his own life for his wife's benefit is assignState v. Rockafellow, 1 Halst. 332, held that it was a able by both. U. S. v. Bennett, p. 338.-The celebrated good plea in abatement to an indictment' for rapo that conviction for mailing obscene matter. Matter of one of the grand jurors by whom the bill was found Gallagher, p. 410.-A municipal permit, revocable at was not a freeholder as required by the statutes of pleasure, to occupy a market stand, is property passing that State. In State v. Richey, 5 Halst., a plea in to an assignee in bankruptcy. Grace v. American abatement of tho indictment, that two of the grand Central Ins. Co., p: 433.-A sub-insurance broker, who jurors who found it had expressed an opinion before procures an insurance, is the agent of the insured for they were sworn, was not sustained. See, also, United the purpose of notification of the cancelling of the States v. White, 5 Cranch's C. C. 457; Boyington v. policy, under a provision, that any person, other than State, 2 Port. (Ala.) 100; State v. Easton, 30 Ohio St. the insured, who procures the insurance to be taken, 542. lf a disqualification discovered after indiotment shall be deemed the agent of the insured and not of found can be taken advantage of, it must be one that the insurer, “under any circumstances whatever, or is pronounced such by the common law, or by the in any transaction relating to this insurance." The statute (if it be a matter of statute), and one that ab- Southern Home, p. 447.- A vessel is not liable for the solutely disqualifies, as alienage or the want of a free- consequences of not keeping a look-out, when the hold. (2) One of several defendants indicted by a omission is caused by the disabling of the crew by the grand jury pleaded in abatement that there were not yellow fever. The Niagara, p. 516.-A vessel carried twelve members of the grand jury who were in favor fine table salt in sacks, and powdered arsenic in casks; of finding a true bill against him, but that the foreman the casks became broken, and the arsenio penetrated stated to them that they could not find a true bill some of the sacks and was distributed throughout the against the others unless they included him, and that vessel; the sacks were indiscriminately discharged; his name was included because the grand jurors nothing but an analysis could determine whether any thought it necessary in finding a true bill against the of the salt was fit for consumption; held, that the vesothers. The State's attorney demurred to this pleasel was liable for the difference in value of all the salt, Held, that the court could not allow any evidence as to as sound, and what it produced for fertilizing purposes. the proceedings within the graud jury room, which, The Fidelity, p. 569.--A steam-tug, belonging to and by their oath, the jurors were to keep secret, and that used by a city in performance of municipal duties, is the State's attorney had no authority by demurrer or not liable to seizure in a suit for damages inflicted by otherwise to admit the plea. It was early decided that the tug while actually engaged in the performance of a grand juror should not be allowed to swear what was such duties. given in evidence before them, because he is sworn not to reveal the secrets of his companions. 12 Vin. Abr.,
INDEX OF AMERICAN DECISIONS. B., art. 5, 20, Evidence H. 4; State.y. Fassett, 16 Conn. Index lo the American Decisions and the Editor's Notes thereto, 465. It was also decided at an early day that the clerk of
with a table of the Cases re-reported. Volumes one to a grand jury could not be compelled to testify what
twenty, inclusive. 1760-1830. By A.C. Freeman. San
Francisco: A, L. Bancroft & Co. 1880. Pp. 563. took place before that body. 12 Vin. Abr. 38, Evidence B. And the principle which would prevent disclosure This is a very important accessory to the excellent by a grand juror must extend to all persons required series which it accompanies. We have so often exby law to be present; for such persons are equally in- pressed our sense of the usefulness of the American terested in the administration of the penal law. 1 Decisions that it would be superfluous now to enlarge on Greenl. Ev., $ 288. They are not permitted to disclose the subject. This volume is a gift, and a very generous who agreed to find the bill of indictment, or who did and timely gift, to the subscribers. It seems, and we not agree; nor to detail the evidence on which the have no doubt is, well executed in every particular. accusation was founded. Sykes v. Dunbar, Selw. N. P. 815 (1059); Huidekoper v. Cotton, 3 Watts, 56.
THOMPSON'S LIABILITY OF OFFICERS AND AGENTS OF
And in Regina v. Marsh, 6 Ad. & El. 236, which was an in
CORPORATIONS. dictment for a misdemeanor, the court refused to The Liability of Directors and other Officers and agents of receive the affidavit of a grand juror as to the number
Corporations. Illustrated by leading cases and notes.
By Seymour D. Thompson, St. Louis: Wm. H. Stevenson, of grand jurors who concurred in finding the bill. See,
1880. Pp. xxxix, 722. also, Regina v. Russell, 1 Car. & Marsh. 27; State v. Baker, 20 Mo. 338. Connecticut Supreme Court of
From the rapidity with which this author has been Errors, May term, 1879. State of Connecticut v. Ham- pouring forth law books this year, it might be suslin. Opinion by Hovey, J. (To appear in 47 Conn. pected that the quality would not keep pace with the Rep.)
quantity. But of this we discover no indication. We
can see no marks of padding, inaccuracy, or want of NEW BOOKS AND NEW EDITIONS.
consideration. In Mr. Thompson's recent election to
the bench the profession have lost one of their best auXVI BLATCHFORD'S REPORTS.
thors. The present work is on the same plan as those Rer of Cases Argued and Determined in the Circuit on Negligence and Carriers, which we regard as among
Court of the United States for the Second Circuit. By the most useful of recent treatises, and it seems to be Samuel Blatchford, Circuit Judge of the Second Judicial equally excellent. It grows out of and supplements Circuit. Volume XVI. New York: Baker, Voorhis & his Liability of Stockholders, and the lino of study inCo. 1880. Pp. xi, 604.
volved in the preparation of that excellent work must
argued any or decided all of the causes reported tion of this. There are six chapters, as follows: per in this volume, although the title page says he did | sonal liability of contracting agents of corporations or contracts made for their principals; liability of pro- [Our learned friend misapprehends the ground of moters; liability of directors; statutory liability of our animadversion. We did not deny the right of directors; personal liability of presidents, cashiers, and other executive officers of corporations; liability
a judge to comment on the testimony, conduct, or of sureties on the bonds of officers of corporations. demeanor of a witness, although we intimated that Of the 33 leading cases reported, 11 are English, 1 from we thought the right was often abused. What we Canada, 5 from Massachusetts, 5 from New York, 3 endeavored to rebuke was the moral lecture read by from New Hampshire, 3 from Pennsylvania, 2 from the judge to a witness, who, it was not pretended, Maine, and 1 from each of the States of Rhode Island, had committed any crime, or who had not told the Michigan and Florida. The book has an appendix of statutory and constitutional provisions. The book is exact truth, and whose action thus condemned by well printed; indeed, St. Louis publishers now stand the judge was outside the domain of the law, and in the front rank.
a mere matter of political conduct. We notice that CORRESPONDENCE.
the leading independent newspapers take the same
view as ourselves. We do not object to Samson on JUDGE DAVIS.
the bench, but we advise him to eschew that strong Editor of the Albany Law Journal:
man’s favorite weapon. - ED. ALB. L. J.) Its fearlessness and independence combined with its undoubted ability have given to your JOURNAL its commanding influence, and it therefore becomes every NEW YORK COURT OF APPEALS DECISIONS. faithful friend to insure that its influence is exerted tentbe right direction. True manliness demands de- THE following
decisions were handed down Tuesday, fense as well . than to commend
Judgment affirmed with costs - Loeb v. Hellman; I think, and would like to convince you, that you
The Eaton, Cole & Burnham Co. v. Avery; Peckham v.
Van Wagener; Bergen v. Uhrbahn; The National Bank erred in your attaek upon Judge Davis. While we of Newburgh v. Bigler.— Judgment reversed and new have such pigmies on the bench, let not our Samson be trial granted, costs to abide event-Hilton v. Vandershorn, unles he threatens the temple of justice. If he bilt. Judgment of General Term reversed and that does, off with his locks and out with his eyes; bind of Special Term affirmed with leavo to defendants to him and blind him. If he does not, if the temple is
answer on payment of costs - Marie v. Garrison.not in danger, let him alone; his personal conduct is Order of General Term reversed, and that of Special
Term affirmed with costs - Ranney v. Peyser.—Orcomparatively unimportant.
der of General Term reversed, and judgment on verThe spirit of your article is summed up in its closing dict affirmed with costs – Painton v. "The Northern word, "busybody.” This involves a question of right, Central Railway Co.Orders of General Term and not of taste. “De gustibus non disputandum.” Were Special Term reversed without costs – Geib v. Toppir.g. it otherwise, a law journal bas higher aims than discussions of taste. Nor is the question limited to Judge The following decisions were handed down WednesDavis alone. It is a grave question for the profession, | day, Dec. 1, 1880: bench and bar alike. A busybody is a meddler, one Judgment affirmed, with costs-Canaday v. Krum; who interferes in matters with which he has no legiti. Zimmerman v. Erhard; Jones v. Benedict; Harris v. mate concern. In applying that opprobrious epithet Tumbridge; Kinghorn v. Wright; Gotendorf v. Goldto Judge Davis in your remarks upon the Philp trial, Wooley'v. The Grand Street and Newtoun Railroad
schmidt; Callmeyer v. The Mayor, etc., of New York; I contend that you were positively and unqualifiedly Co. Judgment reversed and new trial granted, costs in error.
to abide event–The St. Nicholas Insurance Company The following propositions must be conceded, and if v. The Merchants' Mutual Fire and Marine Insurance conceded, demonstrate that fact: Judge Davis, as chief Company; Clark v. McCann.-Judgment reversed justice of the Supreme Court in the First Department, and demurrer overruled, with leave to defendant to lawfully sat as committing magistrate in the Philp | New Lots.—Order reversed and judgment modified
answer on payment of costs-Horn v. The Town of case. The illustrious example of Chief Justice Mans- by deducting therefrom the additional allowance, and field in a similar case, cited by Judge Davis, is in point. as so modified, affirmed without costs to either party
As such magistrate, where the prosecution refused in this court-Weaver v. Ely. to accept a waiver of examination, it was his sworn duty to take the testimony of the witnesses for the proseoution and defense. In rendering his decision he
NOTES. had the right to give a written opinion stating the conclusious at which he had arrived. In that opinion he The American Law Register for November has an might review the evidence, state the facts proved and article on Voidable and Void Judgments, by Frederick his conclusions of law. In reviewing the evidence, he J. Brown; the case of Corporation of London v. Riggs, had the right to refer to any particular witness, collate concerning right of way by necessity, with note by the evidence given by other witnesses on the same sub- Edmund H. Bennett; the case of Cotton v. Gregory, ject, and state his convictions respecting the accuracy concerning fraudulent delivery of escrow, with note or truthfulness of such witness, although he was not by M. D. Ewell. The current number of Abbott's the accused. The books are full of similar cases. Jury New Cases contains a note on special public officers as trials constantly witness such procedure. Errors in agents of the State or municipality. such statements neither demonstrate nor emphasize an improper interference of the judiciary. Such errors Mr. Hall's excellent treatise on International Law, are protected in the doctrine of judicial irresponsi- which we noticed at page 238, is published by Macmillan bility.
& Co., New York, and is sold in Albany by E. Ellis & If the foregoing propositions are sound in law, then Co. -We have received a communication on jury Judge Davis, in making comments upon a witness in trial, which we should like to publish, if only for the the Philp investigation, did what he had a right to do, reason that the writer does not agree with our views, and acted judicially, and not as one concerning him. but it is anonymous, and we never publish anonymous self about other men's matters.
communications. -Mr. John T. Wheelwright, a risi::g WM. HENRY ARNOUX. young lawyer of Boston, rays of chief-justice Gray, NEW YORK, Nov. 24, 1880.
“his head rises above the region of perpetual hair."
The Albany Law Journal.
setts has 157, while Georgia has 18, North Carolina
19, South Carolina 20. This is the first delusion. ALBANY, DECEMBER 11, 1880.
The second is Mr. White's assumed elimination of the effect of “foreign-born immigration upon the
criminal record of the United States." He cannot CURRENT TOPICS.
eliminate it. Among his native-born white populaHE Secretary of State, the Comptroller, and the
tion are a great number of children of immigrants, State Reporter, constituting the board empowered of foreigners to natives in New England was 1 to 7,
which are really a foreign element. The proportion to award the contract for publishing the Court of
while in the six Southern States it was not more Appeals Reports of this State, have awarded the
than 1 to 25. The third delusion is the argument contract for three years to Weed, Parsons & Co., publishers of this JOURNAL, at the price of $1 per prisons. The apparent advantage on the side of the
derived from the population of the poor houses and volume when delivered over their counter, and $1.30 when delivered by mail or express, delivery that in those Statės paupers were not supported nor
South springs simply from the unquestionable fact to be prepaid. The board adopted the sensible resolution not to award the contract at a price less than
criminals punished in any proportion approaching the fair cost, and thus got rid of the abuses and an
that which prevailed in New England. So much
for Mr. White's statistics and his argument. It is noyances which have attended the late contract. The new publishers certainly will not grow rich out
quite probable that a new estimate, founded on the of the contract; indeed, the price will barely cover
present census, might show much more favorably for
New England and education. Let Mr. White try expenses; but the public may be sure that the contract will be cheerfully, faithfully, and promptly ful
his hand on fresh materials, and bring in New York filled. The reports are ridiculously cheap at this
for the North, and embrace Texas among the South
ern States, and we think the cause of education price, and by far the cheapest in the world. Two dollars a volume would be about a fair price. These
would look up. In the mean time Mr. White ought reports really ought to be published by the State.
not to say a word against the education of New As it now stands, the series is owned by three dif- England, which furnishes him so many readers and ferent publishers, always “by the ears,” and unwill
so much patronage, nor try to inculcate the idea that ing to sell to one another, so that it is a difficult and
his works are more popular among the criminal than
among the virtuous classes. We are somewhat reannoying matter to obtain a complete set.
lieved by learning that Dr. Hammond thinks that
insanity is gradually becoming milder, and that he We barely alluded last week to the fine mare's nest discovered by Mr. Richard Grant White, namely,
attributes this to popular education. that education leads to pauperism and crime. We suppose Mr. White himself, being one of the best Mr. Bergh does not believe much in prison libraeducated men in our country, has only been saved ries, prison schools, or prison preaching. If Mr. from the poor-house or the penitentiary by dint of Bergh is to be taken at his own word he is much arduous straining and holding back. But let us tenderer of dumb beasts than of mankind. This is glance at Mr. White's statistics. The six New Eng. the natural result of turning the sympathies for a land States in 1860 had a native white population of great many years into a single channel. One can2, 666,000, of which only 8,543 adults could not not reasonably be expected to make it his sole busiread and write; a proportion of 1 to 312. In Dela- ness to defend animals from the cruelty of men, and ware, Virginia, Maryland, North Carolina, South to have much spare sympathy for men. So Mr. Carolina, and Georgia, there were at the same time Bergh says, “if a man cannot live without murder3,182,000 native white inhabitants, of whom about ing somebody, he must be got out of the way - I 263,000 could not read and write; a proportion of
say kill him."
He would abolish all the peniten1 to 12. In the New England prisons at the same tiaries, and substitute the whipping-post. He adtime, there were 2,459 criminals, and in those of mires the bastinado. “As for the criminal, when the six Southern States only 477. New England he leaves prison, my advice to him is to profit by culture, therefore, furnished 1 native white criminal the punishment, and go away off somewhere where to every 1,084 inhabitants, while the ignorance of nobody knows him, and build up for himself a new the Southern States produced only 1 to every 6,670; name. It is utterly out of the question for him to a disproportion of more than 6 to 1. At the same rise to be a respectable citizen in the place where time New England had 1 publicly supported pauper his crime was committed. He cannot do it. It's a to 178 inhabitants, while the six Southern States sad fact, Mr. President, but it is true. You cannot had but 1 to 345. Now this looks prima facie, as change human nature.” This is the humane gentleif a little learning were a dangerous thing. But Mr. man whose heart bleeds for a belabored jackass, White's basis of reasoning is delusive. Crime and and who goes into hysterical weeping over a pig pauperism are always most prevalent where popula- scalded rather than stuck. Put Mr. White and Mr. tion is the densest, as in our large cities, both North | Bergh together in charge of public affairs, and we and South. In New England there are about 50 should have a rare world. By all means let us abolpeople to a square mile, while in the six States ish common schools and set up the whipping-post, named above there are only about 33. Massachu- and give the criminal to understand that he can
VOL. 22.— No. 24.
never redeem himself. This will encourage the the resignation of Mr. Justice Swayne we earnestly others. First, Mr. White to promote ignorance, hope it will be supplied from one of the Southern and then Mr. Bergh to wale the ignorant for not Atlantic or Gulf States. This is due to that region. knowing better than to sin. If one wishes to see We are confident that there are lawyers there fit for the hardest-hearted man on earth let him look at a the office, and we dare say some one of them could professional humanitarian; and if one would see a be induced to accept it. In our own State the presman who has no faith in education for the common ident would have ample materials for selection. Expeople, let him look at him who has gotten so much Secretary Bristow, or ex-Judge Dillon, would shed more than his sbare that be regards learning as the luster on the post, being both in the prime of their monopoly of himself and a few others. Truly, our mental and physical powers, and having exceptional wise men are talking a great deal of nonsense just gifts and attainments for this elevated judicial stanow.
tion. We say this without personal acquaintance
with either of these gentlemen, and upon the asOur readers will be greatly interested in the memoir of Lord Chief Justice Cockburn in another sumption that a Republican would naturally be
selected to succeed Mr. Justice Hunt. It would be column. The writer has exceptional advantages for
a graceful act to appoint a Democrat in place of Mr. speaking of the great judge, having known him for
Justice Clifford, and the court would be none the 40 years, and having witnessed some of his greatest forensic successes. There must be two opinions, tical opinion than at present.
worse even if it were more equally divided in polihowever, about Chief Justice Cockburn's conduct on the Tichborne trial, and about his domestic vir
A movement has been organized by the Municipal tues. It is our opinion, derived from reading and Society of the city of New York for the reduction listening to witnesses, that Mr. Kenealy had quite of the expenses of the judiciary and law departas much to suffer from the judge as the judge had
ment in that city. These expenses now amount to to bear from him. Nor do we believe that “evil $1,250,000 annually, and it is sought to reduce them should be to him who thinks evil” of the chief to $800,000 or $850,000. This is a much needed justice's irregular domestic life. There is altogether reform. too much truckling to and condonation of such judges in that city $15,000 a year
, while judges of
We see no reason for paying the higher faults in great men. It is bad enough for a king or a prince to keep mistresses and breed bastards, but judges of the Court of Appeals, get only half as
the same rank outside the city, and even the these things in a judge are monstrous, not to be ex
much. The police justices in the city have $6,000 cused or winked at. No man, however great, can
a year, or as much as cabinet officers. There can be be a law unto himself, and he who enforces the law,
no doubt that the judges in the city are most exshould keep it. The domestic virtue of Lord Eldon travagantly paid. It is proposed, however
, to re“smells sweet and blossoms in the dust,” when con
duce the salaries of the Supreme Court judges only trasted with the lawless and defiant domestic con
to $10,000, or the same that the judges of the Fedduct of Lord Chancellor Thurlow and Lord Chief
eral Supreme Court receive; and those of the judges Justice Cockburn, and if the talents and virtues of of the Superior Court and Court of Common Pleas the latter are worthy of admiration, their vices are
to $8,000, while those of the police justices are to surely proper matter of warning and rebuke.
be reduced only to $5,000.
It was stated in the
meeting that a judge of the Superior Court has It is probable that several vacancies will soon occur
been suffering from softening of the brain, and has in the Federal Supreme Court. The health of Jus
not done a day's work in two years, but has drawn tices Clifford and Hunt is such that they will proba- his salary. If this is correct, this is an abuse. Why bly never sit in court again, and it is rumored that do not those stalwart reformers, the Bar Association, Justices Swayne and Strong will soon resign. This take hold of these matters? It was stated in the will leave places to be filled which are now occupied meeting of the Municipal Society that “they don't by residents of Maine, New York, Pennsylvania, and touch delicate matters over there,” Has the assoOhio. The remainder of the court consists of Chief ciation degenerated since the days of the “ring" Justice Waite, of Ohio; Mr. Justice Bradley, of New judges ? It is a great deal better for the bench to Jersey; Mr. Justice Harlan, of Kentucky; Mr. Jus
have a healthy fear of the bar, than for the bar to tice Miller, of Iowa; Mr. Justice Field, of Califor
be slavishly afraid of the bench; and if the lawyers nia. It is to be hoped that in the new appoint- in New York will lay hold of this abuse by concert, ments some regard will be had to geographical dis- the judges will not be able, even if inclined, to motribution. The proper South is now without any lest them. The Municipal Society has our hearty representative on this bench. She certainly ought sympathy and concurrence in this matter, while to to have one, if not two. New England, New York
the Bar Association we look with — curiosity. and Pennsylvania will of course expect the successors of their respective representatives to be taken
NOTES OF CASES. from the same localities. Probably Ohio will have the like expectation, but it ought not to be gratified. N Atlantic State Bank v. Savely, a decision of our Let her be content with the chief justiceship, the Court of Appeals, reported ante, 453, a principle presidency for two successive terms, and the secre- is laid down which will be important to National taryship of the treasury. If a vacancy occurs by as well as State banks, namely, that such banks may