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Injury to a passenger who, in attempting to have creased. In 1819 it was made the Marine Court, her baggage checked, is knocked down in a pass- and in 1846 the office was made elective. Among ageway leading from the ticket office or waiting those who served on the bench of the court were room to the baggage room, hy cabmen who, in A. A. Phillips, Charles C. Birdsall, Arba K. Maysport, are scuftling on the passageway, is held, in nard, Florence McCarthy, A. J. Dittenhoefer, Exton v. Central Railroad Company of New Jer- Michael C. Gross, Henry Alker, Edmund L. sey (N. J. Err. & App. (56 L. R. A. 508]), to ren- Hearne, George M. Curtis, George Shea, Philip J. der the railroad company liable, where the occur- Joachimson, William H. Tracy, Alexander Spauidrence of similar conduct on the part of the cabman ing, David McAdani, Ernest Hall, Edward F. to the annoyance and injury of passengers was Browne, Granville P. Hawes, James P. Sinnott, known, or should have been known, to the Charles J. Nehrbras and T. P. Hyatt. The name company.

of the Marine Court was changed to the City Court Damages for mere mental suffering caused by

in 1882, and its jurisdiction was increased. In 1894 failure to promptly deliver a telegram are held, in

the constitutional convention enacted a provision Connelly v. Western Union Teleg. Co. (Va. (56 L. allowing the General Term of the City Court to R. A. 663]), not to be recoverable either at com- remain in existence, and it had the distinction of mon law or under statutes imposing penalties for being the only court in the State that had the right failure to promptly transmit and deliver telegrams, to have appeals from its own judgments and orders authorizing the recovery of damages sustained by reviewed from its own appellate bench. This conreason of the violation of the statute, and making tinued until the passage of the act of 1902, which telegraph ccmpanies liable for special damages oc- provides that after the September term all appeals casioned in transmitting or delivering dispatches, from the City Court shall be heard directly in the in determining the quantum of which, grief and first instance by the Supreme Court, Appellate mental anguish may be considered.

Division, of the First Judicial Department.— New

York Times, September 30. An application for a charter by the First Church of Christ, Scientist, was refused recently by Judge On January 2, 1900, Governor Roosevelt asArnold, in the Common Pleas Court, Philadelphia. signed Justice Werner, now the Republican nomiJudge Arnold said, in his opinion: “The charter nee, to the Court of Appeals bench. The occasion applied for in this case covers a double purpose for the appointment arose from the overcrowded a charter and a business. We have power to condition of the Court of Appeals calendar. A grant a charter for a church, but we have no constitutional amendment was adopted at the authority to grant a charter for a corporation for election of 1899, giving the Governor power to profit, that is, a business corporation.” The court assign four justices of the Supreme Court to sit quoted from the text-book of Mary Baker G. on the Court of Appeals bench to assist the judges Eddy instructing Christian Scientists to sell and of the higher court. The promotion did not create circulate the publications of Mrs. Eddy, failure to a vacancy in the lower court, as Justice Werner do which shall be sufficient cause for expulsion will ultimately return to his former duties if he from membership in the church. “This shows,” | fails of re-election in November. The new amendsays the court, “that the so-called church is a cor- ment permitted the assignment of four judges, but poration for profit, organized to enforce the sale the Court of Appeals judges informed the Govof Mrs. Eddy's books by its members, which is a ernor that three would be sufficient. The other matter of business and not of religion. As the two judges promoted were Judson S. Landon, of courts have no power to charter such a corpora- Schenectady, and Edgar M. Cullen, of Brooklyn; tion, the application for a charter is refused.” the latter was a Democrat. The Court of Appeals The existence of the General Term of the City

is composed of a chief judge and its associate Court of the city of New York terminated Septem- for two years past. All of the judges of the present

judges, and there have been nine associate judges ber 30, in accordance with the provisions of an act passed by the last session of the Legislature. court sit for the first two weeks, then three of the When the General Term of the court met

associate judges go off the bench for the purpose cently, Judge McCarthy presiding, Max Altmayer of writing opinions and their places are taken by was recognized, and addressed the court at length the new judges. At the end of two weeks more on its origin and history. It was created, he said, the three more original associate judges go off, in 1787, and reconstructed in 1797. Again, in 1804, they having sat four weeks, and their places are there was a change, the governor being directed taken by three judges who first went off. At the to appoint eight members. There was another end of six weeks the court takes a week's recess change in 1807, the powers of the court being in- I and this has been followed for last year and this



year. In every seven weeks the court sat six charge, and carries him off to Holloway. Many weeks and each judge served four weeks on the strange experiences have been connected with the bench and had three weeks in which to write opin- ancient office of tipstaff and a volume of reminisions. Formerly the court remained in session four cences would undoubtedly be interesting. weeks and then took a recess of three weeks. The A day or two ago, at the Old Bailey, counsel, who new plan will be continued in practice until the had been prevented by indisposition from being in end of the year. There were 880 appeals pending court when his client was arraigned, but arrived before the Court of Appeals when these three tem- just when the trial was concluded (luckily, to the porary designations were made. It is estimated satisfaction of the defendant), modestly remarked: that the enlarged court will be able to clear the

Perhaps I have saved my client from conviction calendar at the end of the present year.

by not defending him." This recalls (says the Pall

Mall Gazette) the story of a witty barrister, who On Thursday, September 18, 1902, the Governor was asked on returning from circuit how he had got appointed Norris S. Barratt, Esq., who had already on. “Well," was the reply, “I saved the lives of been nominated by both the Republican and Dem- two or three prisoners.” * Then you defended them ocratic conventions for judge of Court of Common for murder?” “No," was the rejoinder, “I prose

cuted them for it." Pleas, No. 2, for the full term, to fill Judge Pennypacker's unexpired term, says the Philadelphia

Although enjoying all the benefits of a written Legal Intelligencer. Mr. Barratt was born August

Constitution, the United States possess likewise, 23, 1862, studied law in the office of Christian similarly to ourselves, numerous unwritten rules on Kneass, Esq., and afterwards under Lewis Massey, Democrats alike religiously observe, says the Law

questions of government which Republicans and Esq., and was admitted to the bar in 1883. In

Times. As is well known, the precedent set by 1891 he was appointed one of the assistant city Washington of refusing to be nominated for a third solicitors, a position which he filled with energy as president has been followed ever since, and ability, and in which he made many friends although a half-hearted attempt was made to set it by his uniiorm kindly treatment of all having busi- / at nought for the special benefit of General Grant. ness with him in the department. He apparently Washington considered it inexpedient and undemoregarded himself as a public servant, and was cratic that one man should hold the highest office for possessed with a periectly honest desire to make a lengthened period, and his views on the subject himself useful, a view of his position which was

have met with the general approbation of his

countrymen. very keenly appreciated by many of his profes

In other ways, too, the Americans

have taken care to prevent any sional brethren who were brought in contact with hedging their presidents; for example, they have

divinity” from him while he remained in the city solicitor's office. always declined to allow the effigy of their chief In January, 1902, he was appointed first assistant magistrate for the time ing to appear on their district attorney. Mr. Barratt is well known as a postage stamps. A person who has held the presi

of high character, energy, large common dential office must have been dead for a decent sense, admirable judicial temperament and decided interval before he attains this posthumous honor. business capacity, and there would seem to be Thus we find that the late President Harrison, whose every reason to believe that his selection will prove little book on the Constitution of the United States eminently satisfactory to the bar, and that he may is an admirable introduction to all that pertains to develop judicial qualities of a high order.

the government of his country, is only now to reach this dignity, it having been determined to print his

head on certain denominations of the stamps which English Notes.

in extraordinarily large numbers have just been

contracted for by the United States post-office. Mr. Hawkins, the late tipstaff at the Law Courts, A congress, under the auspices of the International when he died from cancer was engaged (says the Literary and Artistic Association, will be held London correspondent of the Sheffield Daily Tele- shortly at Naples. The program is long, and many graph) in writing his reminiscences, with special special reports, interesting to of letters, regard to a number of famous arrests he had made. have been prepared. Of these (writes a Mr. Hawkins was the last of the tipstaffs. He had spondent of the Morning Post) the principal deal been appointed to supersede a tipstaff who, while with the question of copyright in the United States enjoying the favor of the judges, had been so care- and the printing there of works by foreign authors, less that he allowed five or six prisoners to escape and with the much discussed subject of the duration at different times. The appointment was worth of authors' rights and the rights of the paying public. £140 a year, and carried with it a room at the Law in regard to these matters there are crying grievCourts. Now that it is abolished, when any person ances which look for remedy. According to the is ordered into custody by the judges one of the law of the United States, on the day of publication silver-capped officials of the court takes him in' in the country of its origin two copies of each book




must be delivered at the office of the librarian of arranged that experts could not possibly confuse congress in Washington, such copies to be printed the one with the other. Thus, if Sergeant Collins from type set up in the United States, otherwise the had brought to him a finger print which he had book will remain unprotected. Again, in regard to never seen before, he would know at once to what the rights of authorship, the law which permits the division and subdivision it belonged, and could at heirs of a deceased author to enjoy the fruits of his once proceed to a particular pigeon-hole, where he toil for a limited term of years merely is manifestly would be certain to find the identical print if it was unfair. With the law as it is it is only natural that among the records at all. On this evidence mainly writers should prefer the temporal power of hauling the prisoner was convicted. The practice of taking in guineas, to the abiding certainty of working for finger prints for the purpose of identifying habitual guineas in the future which will swell any but the criminals was, we believe, one of the methods introfamily pocket.

duced by M. Bertillon and adopted in France, and

it was stated at the trial that it had been extensively The practice of Judge Shortt, who never hears a

practiced in India. One does not hear much of the solicitor without a gown, will, says the St. James's practical results of section 8 of the Penal Servitude Gazette, call to the legal mind many odd customs Act of 1891, which enables the Secretary of State which still linger at some courts. It is said — and

to make regulations for the measuring and photoit was certainly the case within the last ten years –

graphing of all prisoners who may for the time being that the judges attending the Newcastle Assizes are be confined in any prison. In France, for the purstill waited upon by the mayor and corporation at

pose of measurement, the criminals are divided into the end of their session and presented with a “piece three classes — short, middle-sized and tall — and of money” to buy a dagger to defend themselves each of these classes is subdivided into three subfrom the Scots who “much and often infest the classes according to the measure of the head, and border country.” No Scotsman, so far as one knows, again into sub-classes according to the dimensions of has ever protested against the libellous perpetration the fore-arm, the length of the left middle finger, the of this relic of medieval custom, but a witty judge length of the left foot, and the length of the little finwho received a coin of James I from the mayor ger. It is said that only once in 100,000 cases do two some years ago, took occasion to doubt whether the Scots had been troublesome on the borders lately. there comes in, in aid of identification, the color of

persons correspond in all these dimensions, and then whether daggers for the protection of his suite could the eyes, which is carefully recorded. Notwithbe purchased in Newcastle, and whether the coins standing the statements made at the recent trial, given him were legal tender. One of the little worries this appears to be a somewhat safer method of of the Newcastle corporation is in the buying up of identifying an habitual criminal than the mere imthese “pieces of money."

pression of a thumb. There was a rather interesting case tried at the

Judges are not often to be caught by flattery, says Central Criminal Court on Saturday last, in which finger-prints were given in evidence in order to his cost when appearing before Sir Ralph Littler.

the City Press. A certain offender found this out to connect a prisoner with the crime with which he When the case against him had closed, and he was was charged, says the Solicitor's Journal. A house

asked whether he had any defence to make, he had been entered by burglars, and some billiard balls stolen. One of the burglars had left imprints of his responded by handing in a lengthy statement, in the fingers, and a particularly plain imprint of his left course of which he expressed gratification at the

honor conferred on Sir Ralph by his majesty, and thumb, on the newly-painted window sills. Sergeant Collins, an expert in finger prints, took photographs days it was the practice for the recipients of the

delicately alluded to the fact that in the good old of the prints, and, on examining them with some prints in the possession of the police of the prisoner's King's favor to show their gratification by disfingers, he came to the conclusion that both were

tributing largesse. A lenient sentence, he added, he

would regard as an equivalent in the present case. from the same hand. The jury were shown en

Sir Ralph, unfortunately for the accused, did not larged photographs of the three prints — that taken some years ago and preserved amongst the records appreciate the subtlety of the argument, and at Scotland Yard; that taken from the window-sill promptly passed a sentence characterized rather by of the house which was broken into, and that taken severity than by the lenience so artfully pleaded. in prison on the 30th of August. It was stated that no two individuals ever had the same finger marks; Humorous Side of the Law. that the corrugations on the human digits never altered from youth to old age; and that they were “Never cross-examine an Irishman," advised a to be found after death, and even thousands of years prominent lawyer. “Yes; I'm speaking from experiafter death, if decay had been prevented, as in the ence,” he continued. “The only witness who ever case of the Egyptian mummies. For facilitating made me throw up my hands and leave the court reference, the finger prints of criminals room was a green Irishman. A shunter had been divided and subdivided into various classes and killed by an express train, and the widow was suing sub-classes, cach known by a separate name, and so for damages. I was engaged by the railway com



pany, and had a good case, but made the mistake of State in a case of larceny, in which Mr. Howe's trying to turn the main witness inside out.

client entered a plea of mistaken identity. “In his quaint way he had given a graphic descrip- It took three days to try the case, and not withtion of the fatality, occasionally shedding tears and standing this fact the jury had been deliberating calling on the saints. Among other things, he swore upon their verdict less than five minutes when they positively that the locomotive whistle not returned to the court room. The unusual rapidity sounded until after the whole train had passed over with which the jury returned to the court room his departed friend. Then I thought I had him. case which had taken several days to try astounded

" " See here, McGinnis,' said I. 'You admit that the lawyers, and Blumenthal good-naturedly wagered the whistle blew?'

a tox of cigars with Howe that the verdict would "• Yis, sorr; it blew, sorr.'

le in favor of defendant. 6. Now, if that whistle sounded in time to give Just then the presiding judge asked of the jury Michael warning, the fact would be in favor of the the formal question: company, would it not?'

Gentlemen of the jury, have you agreed upon "Yis, sorr; and Mike would be testifyn' here this a verdict ? ” Upon which the foreman of the jury day.'

responded : The jury giggled.

“We have." “Never mind that. You were Mike's frier.d, and The judge then asked: you would like to help his widow; but just tell me Gentlemen of the jury, what is your verdict?” now what earthly purpose there could be for the The foreman then responded: engineer to blow that whistle after Mike had been "Your honor, six of us have agreed that the destruck?'

fendant is guilty and six of us have agreed that the “I phresume thot the whistle wor for the nixt defendant is not guilty, and we remand the defendman on the thrack, sorr.'

ant to the mercy of the court." “ The widow got all she asked.” Answers.

Amid the laughter and consternation in the court

room that followed this announcement the court It was several years ago, while Assemblyman

ordered the jury back to redeliberate, but after four James T. Rogers was a struggling young attorney at

hours they reported their inability to change the the Broome county bar, that he was engaged to

verdict," and they were then discharged.- N. Y. defend an Irishman who was indicted on the charge

Times. of murder.

That was before the young lawyer ever dreamed During a severe rain storm, the six-year-old son of sitting in the Albany “House of Commons” or of an Albany lawyer heard his mother express fear had aspirations for the speakership of the assembly. that the heavy hailstones beating against the window He accordingly took the Irishman's case on payment panes would break them. The youngster earnestly of a retainer of $100 and the understanding that $200 said to her: “Don't worry, mamma; God does it, more was to be paid if the fellow was acquitted. and if He breaks the windows you can sue Him for

The young attorney secured an acquittal on the damages." The above is an actual fact.- Albany ground of temporary insanity at the time the crime Argus. was committed. It was several months before he saw his client again. Meeting the Irishman on the

A New Hampshire judge has in his possession the street one day he stopped him, when the following had been notified that he had been drawn as a juror

following letter sent to him by an old farmer who conversation followed :

for a certain term of court: “Well, Pat, isn't it about time you paid me that cther $200 ? ”

Deer Jedge.-- I got your letter tellin' me to come “Faith, an' what two hoonderd is thot?”

to manchester an' do dooty on the joory an' i rite “Why, the $200 that you promised to pay me for you these fue lines to let you know that you'll have

to git some one else for it ain't so that I kin leave saving your worthless neck."

heme now. “Sure, an' did Oi promise thot; Oi don't

I got to do some butcherin' an' sort ramimber?"

over a lot of apples just about the time the joory

will be settin' in your court. “Why, Pat, you know you promised it."

Si Jackman of this Pat scratched his head in perplexity for a minute. town says that he would soon as not go, fer he ain't then looked up with a beaming smile as he outlawed nothin' else to do jest now, so you better send fer the claim with the explanation:

him. I hate the worst way not to oblidge you, but Oh, well, but ye know Oi was crazy thin.".

it ain't so I kin at present. Ennyhow I ain't much N. Y. Times.

on the law, never havin' been a jooryman 'ceptin'

when old Bud Stiles got killed by the cars here some Among the many stories that are going around years ago when I was one that sat on the boddy with about the late William F. Howe is one that relates koroner. So you better send for Si Jackman, for he to an experience that he had with Maurice B. has got some kin in manchesster he wants to vissit Blumenthal when the latter was assistant district anyhow, and he'd be willin' to go fer his car fare attorney in this county. The two lawyers had there and back. Ancer back if you want Si.appeared respectively for the defendant and the i Lippincott's.


The Albany Law Journal. pires. Whatever evils may inhere in the prin


ciple of an elective judiciary have been and A Monthly Record of the Law and the Lawyers.

always will be much mitigated by the enforcePublished by THE ALBANY LAW Journal Company, Albany, N. Y. ment of that rule. And, in a big doubtful

Contributions, items of news about courts, judges and lawyers' State like this, neither party would perQueries or comments, criticisms on various law questions, addresses manently gain or lose by the adoption of it. on legal topics, or discussions ou questions of timely interest, are solicited from members of the bar and those interested in legal Boss Platt, however, has chosen to violate it. proceedinge.

If the bar of the whole State does its duty, as [All communications intended for the Editor should be addressed the Bar Association of this city, at the instigasimply to the Editor of The ALBANY LAW JOURNAL. All letters tion of Mr. Strong, has done its duty, Mr. relating to advertisements, subscriptions or other business matters should be addressed to Tue Albany Law Journal Company.] Platt will regret his action and be publicly

rebuked for it. Nothing could be more Subscription price, Three Dollars per aunum, in advance. Single number, Twenty-five Cents.

wholesome than that his candidate, against

whom we have nothing more to say than that ALBANY, N. Y., NOVEMBER, 1902.

he allowed himself to be his candidate, should Current Lopics.

run twenty or thirty or forty thousand votes

behind his ticket. If the non-partisan lawyers Elsewhere in this issue we embrace the last

of the State, or the lawyers to whom the nonopportunity before the coming election to give partisanship of the bench is more important some additional reasons why Judge John

than their own partisanship, do their duty, this Clinton Gray should be re-elected to the bench wholesome and exemplary result can be of the Court of Appeals of this state. While achieved. If it is not achieved, it will be beit is true that the action of the Republican cause the lawyers do not take enough interest State convention in violating all precelent by

in the political impartiality of the bench.” refusing a renomination to Judge Gray, has

This is plain talk which exactly fits the case. not received the attention it deserves from the Let the lawyers of New York unite to rebuke bar and the public, there are signs that an this impudent attempt to inject more politics organized and effective protest is to be en- into the highest court of the State. tered. That the people of the State firmly believe in an intrammeled judiciary and will not tolerate any unclermining of its independ

Edward Everett McCall, of this city, has ence, has been clearly indicated, and we hope been nominated for justice of the Supreme they will show it on the 4th of this month Court in the First Judicial District by the when they enter the voting booths to perform Democratic party. It is with great pleasure their duties as freemen. No less influential a that we are able to add our modicum of praise paper than the New York Times does not stop to the good judgment which prompted the at censure of Senator Platt, the Republican Democratic party to nominate Mr. McCall "boss," for this very grave violation of a for this prominent position on the bench of wholesome precedent, but even thinks that New York city. Judge Werner, the Republican opponent of

It is always a matter of congratulation to Judge Gray, is himself highly blameable for Albanians to find that one of their number allowing himself to be made a candidate at has been recognized as possessing ability and this time, in violation of a rule “ which every worth and this is true to a greater extent respectable lawyer recognizes, and which Judge Werner, in his capacity of lawyer, and when such ability and worth are recognized in his capacity of judge, was especially bound by those outside of the city of Albany. to help have enforced. The rule, of course, is

Mr. McCall was born in this city on the the rule than an acceptable judge, especially 6th day of January, 1863, and received his of the highest court, whose efficiency has been early education in the public schools and tested and increased by experience, should be later in the Albany High School, where he the nominee of both parties when his term ex- was graduated in the class of 1880. This

VOL. 64. — No. 11.

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