« AnteriorContinuar »
the widow could not be endowed therein, except after between the mortgagor and mortgagee, this rule, we the mortgage had been satisfied. The surplus would think, is not only supported by reason, but it has the represent in part the mortgaged premises. See Elmen- sanction of authority. See the following cases: Windorf v. Lockwood, 57 N. Y. 322. Oct. 5, 1886. Hinch- ter v. Landphere, 42 Iowa, 471; Funk v. Paul, 64 Wis. liffe v. Shea. Opinion by Audrews, J.
35; Hughes v. Graves, 1 Litt. 317: Evans v. Merriken, PARTNERSHIP-FRAUDULENT COMPROMISE OF FIRM
8 Gill & J. 39; Forman v. Proctor, 9 B. Mon. 124; DEBT-ACCOUNTING.-. In an action brought by one
Fowler v. Merrill, 11 How. 375, 396; Kellogg v. Lovely, member of a firm against his copartners to recover for
46 Mich. 131; Darling v. Wilson, 60 N. H. 59. The ata collusive and fraudulent settlement of a firm claim
taching creditor acquires through his attachment no by them for less than the amount actually due, the
higher or better right to the property seized than was plaiutiff can recover only his individual share of the
held by the defendant when the attachment was lepamount lost to the firm by reason of the fraud. Be
ied, unless some fraud or collusion of the parties would fore the plaintiff can have judgment in such an action
change the rights of those concerned. Thomas y. Hillthere must be a settlement of the partnership accounts
house, 17 Iowa, 67. Iowa Sup. Ct., Oct. 12, 1886. ' Rodto ascertain the amount he is entitled to as a member
gers v. Highland. Opinion by Beck, J. of the firm. Oct. 5, 1886. Sweet v. Morrison. Opin
EVIDENCE-ADULTERY — PREPONDERANCE. The Ion by Finch, J.
rule as to the strength and quality of testimony re
quired to justify a finding of guilt, where the issue in PLEADING UNVERIFIED ANSWER - WHEN MAY
a civil action involves a charge of crime other than SERVE.-In an action brought against a defendant to
adultery, having been established by repeated judgrecover a debt due by a manufacturiug corporation of ments of this court, we have concluded, after much which he was a trustee, because of his failure to make
deliberation, that the same rule should obtain when the annual report required by the general manufactur
adultery is charged in an action for a divorce. That ing act, the defendant may serve an unverified ans
rule is that the issue should be determined by the wer to a verified complaint. The Code of Civil Pro-clear and satisfactory preponderance of the evidence. cedure provides that the verification of an answer may The jury in such a case should be so instructed, but be omitted-where not otherwise expressly prescribed
not that the crime must be proved beyond a reasonawhere the party pleading would be privileged from
ble doubt before they can properly find it has been testifying as a witness concerning an allegation or de
committed. This rule may not differ greatly from nial contained in the pleading. $ 523. Section 837 de
that stated in Berckman v. Berckman, 17 N. J. Eq. clares that a witness shall not be required to give an 454. where is is said that “the evidence must be such answer which will tend to expose him to a penalty or
as to satisfy the human mind, and leave the careful forfeiture. This action is brought against the defend
and guarded judgment of the court free from any conaut to recover a debt due by a manufacturing corpo- scientious and perplexing doubts as to whether the ration of which he was trustee, and he is sought to be
charge be proved or uot;'' or from the rule laid down made liable therefor on the ground that he failed to
by Lord Stoweil in Loveden v. Loveden, 4 Eng. Ecc. make the annual report required by the general man- 461, to the effect that to justify a finding that the crime ufacturing law. The action is not to recover a debt
charged has been committed, "the circumstances which he owes, but to impose upon him, as a penalty
must be such as would lead the guarded discretion of for his default, the payment of the debt of the corpo- a reasonable and just man to the conclusion." These ration. We have repeatedly held that such an action
rules received the approval of Chief Justice Dixon in is an action for a penalty or forfeiture. Any admis
Freeman v. Freeman, supra. But whether those sion which he might make in his answer, in support rules, and that herein laid down and adopted, do or of the plaintiff's allegations, would therefore necessa- do not differ, the latter rule occupies middle ground rily tend to expose him to a penalty. Merchants’ Bauk
between a mere doubtful or uncertain preponderance v. Bliss, 35 N. Y. 412; Veeder v. Baker, 83 id. 156;
of proof on the one hand, and that degree of absolute Stokes v. Stickney, 96 id. 326. The liability sought to proof implied in the formula “beyond a reasonable be enforced against the defendant does not arise out doubt" on the other, and is, we believe, the sounder of any contract obligation, but is imposed by the stat- and safer rule. These views are simply sustained by ute as a penalty for disobedience of its requirement.
high authority. In 1 Greenl. Ev., $ 130, note a 4th The distinction between the nature of this liability ed. 1883), it is said: “There seems to be at the pregand that of stockholders under the same statute is ent time no exception in the Cuited States to the two clearly pointed out in Wiles v. Suydam, 64 N. Y. 173; rules (1) that in criminal cases the jury must be satisVeeder v. Baker, 83 id. 153, 160. This action is not
fied beyond a reasonable doubt by the proof, and (2) founded on any debt owing by the defendant. The
that in civil cases they may decide upon the mere predebts owing by the company are made the measure of
ponderance of evidence. The rule, that when a crimithe penalty. Oct. 5, 1886. Gadsden v. Woodward.
nal act is alleged in a civil suit, the proof of the crimiOpinion by Rapallo, J.
nal act must satisfy the jury beyond a reasonable doubt, has now been abandoned in most States, and
the same rule applied to these as to other civil cases.'' ABSTRACTS OF VARIOUS RECENT DE- Many cases are there cited to support the proposition. CISIONS.
In a very late case, decided by the Court of Appeals in
New York (Allen v. Allen, 101 N. Y. 658) the same rule CHATTEL MORTGAGE-MARES--COLTS.—Where chat- is laid down. The action was for divorce, and the istel mortgages are executed upon the dams of colts be- sue upon a charge of adultery. The court say: We fore the latter are foaled, the mortgages attach to the understand the rule to be that in a civil action the fact colts until they are weaned, and they are not liable to of adultery may be proved by such facts and circumattachment by a creditor of the mortgagor. The right stances as under the rules of law are legal evidence, of possession of the colts follows the dams, for the admissible in a court of justice, which clearly satisfy reason that the two cannot, or ought not to be sepa- the mind of the tribunal which is required to pass rated ; and when a mare having a young colt is sold, upon the question of the commission of the act. In the foal usually goes with her, unless by express agree- weighing the evidence, and considering the facts and ment it is retained by the seller. The reason for this circumstances, great care is necessary, on the one rule rests upon the necessity of permitting the foal to hand, not to be misled by circumstances reasonably draw nurture from the dam until weaning time. As capable of two interpretations-into giving them an
THE.statue of Grotius, which is to be unveiled at
evil rather than an innocent one; nor on the other by refusing to give them their plain ad natural signifi
similar goods, because the use of such materials is a cance, on the theory that a different standard of judg.
right common to all, and cannot be exclusively approment applies to such cases from that which in ordi
priated by any one. The use of arbitrary terms such nary transactions guides the conclusions of intelligent
as “Tin Tag" or “Wood Tag" by a manufacturer, to and conscientious men. The circumstances must be
indicate goods produced or sold by him, might be alconsidered separately and as a whole. The single
lowable if the person so using the name or words threads of circumstances may be weak, but united
branded them upon his goods, or in any way gave the they often lead with assured conviction to the final
goods the name, but that would give no right to the fact which is the subject of the investigation. Wil
exclusive use of the tin or wood as a material to desigliams v. Williams, 1 Hagg. Cons. 299; Durant v. Du
pate the goods. A person may appropriate any word, rant, 1 Hagg. Eco. 748; 2 Greenl. Ev., S$ 40, 41. Wis.
figure, or emblem as a trade-mark, but that does not Sup. Ct., Oct. 12, 1886. Poertner v. Poertner. Opinion give an exclusive right to the use of the well-known by Lyon, J.
material substances upon which the word, figure, or
emblem may be impressed or engraved. I am thereTRADE-MARKS-IN MATERIALS—“TIN TAG."--There fore of opinion that this bill should be dismissed for can be no valid trade-mark iu a piece of tin used as a want of equity; but this disposition of the case is tag for tobacco, regardless of its color, shape, or in- made without prejudice to the complainants' right to scriptions upon it, and no one, by using it as a label or sue upon any of its specific trade-marks depending on tag for goods, can acquire an exclusive righ:in a popu- the coloring, design, shape, or letterings on the tin lar designation applied by the public to such goods, as label. Cir. Ct., N. D. Ill., July 26, 1886. Lorillard v. "Tin Tag." Complainants aver that they have the Pride. Opinion by Blodgett, J. exclusive right to employ a tin tag, whatever its appearance, color, or shape, and state that they bring this bill for the purpose of establishing and maintain
GROTIUS. ing their exclusive right to the 18e of the piece of tin of auy shape as a trade-mark for plug tobacco, and to
THE prevent the use upou plug tobacco not made by them Delft, his native town, to-day (Sept. 17) is not one of pieces of tin which would cause said tobacco to be of those tardy monuments which the world, in a mosold in the market as “Tin Tag Tobacco" or "Tin Tag ment of contrition for past neglect, is in the habit of Plug.” Tin is one of the common metals in use by voting to the memory of its benefactors. For two the public for a very large variety of purposes. It is
centuries aud a half the great Dutchman's name has easily stamped or impressed with letters, figures, or been a name to conjure with. If not, strictly speakcharacters, or cut into various shapes, and takes read- ing, the founder of interuational law, he was the ily different colors or shades besides its natural metal- father of international morality. If his ethical syslic lustre; and like paper, becomes the vehiclo or ma- tem was based upon a faulty principle, and if he conterial for receiving whatever impression or color may fused the duty and the practice of nations, the lofty be stamped upon it. It seems to me it would be as and Christiau ideals of international dealing which he reasonable to assume that the complainants could sketched for the consideration of princes and princihave adopted paper or wood, or a piece of cloth or palities have never been superseded, and civilization leather, as a badge or indicia of their goods, as that still labors after some of them in vain. It is true that they could have taken a piece of tin. That they had his great work is cumbered by tedious and irrelevant a right to appropriate to their exclusive use a piece of quotations, vitiated for modern philosophers by false tin, without regard to its color, shape, or the charac- postulates, and disfigured by theological casuistry. ters or letters it bears, does not seem to me to be Many of his propositions are now superfluous. The within the scope and purpose of the law of trade- growth of tolerance in religion has made it unneces. marks. I think it may be taken as established by the sary to labor the point that wars are unjust which are proof that the words “Tin Tag" do not now designate made in order to fulfill a scriptural prophecy. But complainants' goods, or goods manufactured by the amid the din and tumult of the thirty years' war the complainants upon the market or the trade, and that counter theory might well have found supporters. plug tobacco made by other manufacturers is now Not even Grotius himself bad grasped the modern designated and sold by the name of “Tin Tag” to- idea of religious toleration. Although he denounces bacco, although not labelled or branded with such the persecution of heretics, and with more hesitation, name, because they bear a tin label or tag of some the making war on pagan nations, he proves elaboform. But if the public has been imposed upon, or rately that war may justly be levied on those who set the goods of others have been sold as the goods of religion at naught when they have had the advantage complainants, to the damage of complainants, it is of a Christian education. Not only the cooling down because complainants were unfortunate in the selec- of religious passions, but the diminished importance tion of a designation for their goods, and made their of the dynastic principle in European politics, bas, claim to the use of tin as their trade-mark more since Grotius wrote, put many vexed questions to broadly than the law will permit; and if goods of sleep; such for instance as caused him to lay down other manufacturers are now kuown and sold by the that “when there is no want of opportunity of marpame of “Tin Tag,” it is not because they are so riage, any marriage denied cannot supply a cause for branded, named, or designated, but as a short and war." popular mode of describing all goods marked with tin But although Grotius touched and dwelt upon tags. If other dealers have the right to use tin as a themes which are obsolete, and left untouched many material from which to make a tag or label, they can- others which are now of supreme importance, his not be held to violate complainants' rights, because words are treasured up by text-writers as pearls of the public designate all goods marked with a tiu label wisdom. He is their beginning—a Jove principium; as "Tin Tag" goods. If complainants bad put upon and sometimes they get no further than he takes the market goods marked with paper, wood, or leather them. He is also their informing spirit. He led the tags, and such goods had come to be popularly known way in adapting the private morality of Christians to and designated in the trade as “ Paper Tag," " Wood the relations between State and State. Until the pubTag," or " Leather Tag." complainants could not by lication of the “ De Jure Belli ac Pacis“ the employsuch use acquire the right to prevent all other persons ment of force and fraud as the proper solvents of infrom putting a paper, wooden, or leather tag upon ternational difficulties had never been seriously called
in question. Grotius was the first to whisper in the the morality is an impending war. Grotius lays ears of governments that regard for the rights of down that it is wrong to go to war without arbitraothers, as well as self interest, ought to have somə tion. Civilization sometimes plumes itself on the invoice in shaping their conduct. His extreme scrupu- creasing tendency to settle disputes in this way; but lousness-as where he lays down that those who have where arbitration has been employed, in how many deserved war may not defend themselves, or again, cases was the motive fear or mutual convenience, and that even the hangman ought to decide in each case iu how many the love of peace for its own sake? In whether the sentence is a just one before he proceeds other words, when a vital question of honor or selfto his sad office-bas found few imitators or admirers. interest has been at issue between two States, each of But his vindication of conscientiousness in interna- which fancied itself a match for the other, when has tional dealings, although occasionally pushed to an the aid of arbitration been invoked? Yet toward this extravagant length, bas produced a lasting impression ideal reform, as conceived by Grotius, as toward upon the public life of Europe.
another which philanthropists are ever vainly attemptIt would be interesting to inquire how far the pres- ing to reach before its time, the world has made some ent practice of international morality has come up to progress. “It would be useful, and indeed it is almost the ideals of Grotius, or how far these are regarded as necessary, that certain congresses of Christian powers visionary goals, to which mankind can but faintly asa should be held, in which the controversies which arise pire. Grotius insists that a State ought not to go to among some of them may be decided by others who war except for a just cause. His definition of a just are not interested, and in which measures may be cause is sometimes vitiated by being deduced from an taken to compel the parties to accept peace on equitaimaginary “natural law.” When he argues that the ble terms." But even for the approximate realization desire for liberty or autonomy does not justify a resort of these ideals it would certainly appear that we must to arms he is at variance with a large class of modern look, not to any increasing pressure of conscience, politicians, which regards autonomy as the only thing public or private, but to that very self interest to except self-defense really worth fighting for. It would which Grotius will allow no place in governing interbe curious to know whether Russia subscribes to national conduct. auother of his doctrines, that a claim to gratitude, as However little real advance the world may have it cannot be prosecuted in a court of justice, so also made in the direction of these lofty standards; cannot be asserted by force of arms, or in other words, although equivocation and deceit are far from uvby an occupation. “ It is unjust,” Grotius says, to known in modern diplomacy; and although some claim lauds on the ground of having discovered them, States have no compunction in breaking promises and when they are occupied by another, even though the treaties when it suits them, there are practical matiers possessors be bad men, with wrong notions of God and in which we have profited by Grotius' precepts even dull intellects."
more than Grotius himself could have anticipated. A How many States at this day recognize any such witness of the horrors of the religious wars of his time, right on the part of barbarous aborigines? “There is Grotius protested against the prevailing idea that an intolerable doctrine in some writers that by the law when war was once declared the contending parties of nations we may rightly take arms against a power were set free from all moral restraint. Of the practice which is increasing, and may increase, so as to be dan- of butchering prisoners, of sacking towus, of outraging gerous." Here Grotius seems to impugn the whole women, and destroying libraries and artistic treasures doctrine of the balance of power-a doctrine which which cannot be conveniently carried away, we bave bas governed Europe during the greater part of this
seen the last. Whether war would have remained as century, and still holds the field. France went to war ferocious as ever if Ayala, Albericus, Gentillis and with Germany for no other reason than because the Grotius had never lifted their voices is doubtful. But proximity of so powerful a neighbor was intolerable; to these writers, and especially to Grotius as the writer and if events now developing in Eastern Europe of greatest authority, we owe the debt of gratitude should bring Austria and Russia into collision, it will which is due to those who boldly place themselves be because the equilibrium of power is similarly dis- ahead of the public opinion of their own time in order turbed by Russian aggrandizement. Grotius divides to accelerate the march of humanity.-- London Times. causes of war into pretexts and impelling causes. The State, he says, which makes war without a pretext commits piracy. When the pretext is particularly
NEW YORK STATE BAR ASSOCIATION. flimsy, as in the cases of Tunis and Madagascar and the invasion of Bulgaria by Servja, it would perhaps be
The attention of the members of the New York just as well at once to assume the cbaracter which Gro- State Bar Association is called to the approaching tius ascribes to those who dispense with the pretext. annual meeting thereof to be held at Albany on the But putting aside any difference of opinion as to when
18th and 19th of January next. Circulars containa war is just or unjust, how many States are there which seriously attempt to conform to the canon of
ing a programme of the proceedings of the meetGrotius? How many powers at the present day, being, prepared by the committee of arrangements, fore entering upon a war, engage in any domestic disc will in due time appear in the Law JOURNAL, and cussion or self-examination as to whether the war is each member of the association will receive a copy morally justifiable? It is a melancholy truth that thereof by mail. self-interest, which Grotius only allows as a guide when justice points the same way, is still the supreme
The highly prosperous condition of the associaarbiter of national conduct. If the frequency of wars
tion strongly exhibits the force of the late Hon. has diminished, it is because States are more con
Samuel Hand's remarks concerning it: vinced that peace is better in their own interests, and "The State Bar Association has amply justified the not because they have become more conscientious. faith of those who from the beginning contended that Perhaps, with the exception of the United States, such an association was practicable, and that it could which is almost removed from the sphere of consid- be made a successful and permanent institution, reperation, our own country is the only one in which resenting very fairly and reputably the lawyers of the there exists a sufficiently pronounced public feeling on State of New York. It has been successful in very the side of justice to insure a perfunctory inquiry into many of the purposes for which it was organized and
chartered. Among these was to take measures by the case and the disagreement with the eminent counsel initiation and regulation of proceedings against un- were playful figments of Lambs' imagination-a sort worthy lawyers, by taking charge, as far as practica- of mystification to which he was much given, He said: ble, of the discipline of the members of the bar, “My brother's widow left & will, made during the whether in or out of the association, and by all other | life-time of my brother, in which I am pamed sole proper means to elevate and purify the profession,and executor, by which she bequeaths forty acres of arable to consider, discuss and adopt such rules of profes- property, which it seems she held under covert baron, sional ethics with regard to the conduct of lawyers to unknown to my brother, to the heirs of the body of their clients and toward each other as will give them Elizabeth Dowden, her married daughter by her first the approval and respect of upright men of all classes. husbaud, in fee simply, recoverable by fine-invested That we owe to the public some such censorship is in- property, mind, for there is the difficulty-subject to dubitable. Vast interests are intrusted to lawyers. The leet and quitrent -- in short, worded in the most public stands in many ways exposed and unprotected guarded terms, to shut out the property from Isaac to the attacks of knavish attorneys. Tbeir delinquen- Dowden, the husband. Intelligence has just come of cies are often difficult to redress by law, for the very the death of this person in India, where he made a reason of their knowledge of it. It becomes us, as will, entailing this property (which seem'd entangled members of a bighly honorable profession--a profes- enough already) to the heirs of his body, that should sion to which the administration of public justice and not be born of his wife; for it seems by the law in the care of our civil institutions are peculiarly con- India natural children can recover. They have put fided--and of which we are and wish to remain proud, the causes into exchequer process here, removed by that we, as an association, should not permit it to re- certiorari from the native courts, and the question is main in a single instance the shelter or lair of those whether I should as executor, try the cause here, or who would plunder and feed on the public. The ad again re-remove to the Supreme Sessions at Bangalore, vantages of an interchange of professional amenities, wbich I understand I can, or plead a hearing before and a liberal measurement of mind with mind, which the privy council here. As it involves all the little our organization affords, are becoming happily appar- property of Elizabeth Dowden, I am anxious to take ent. While these results are manifested in the State the fittest steps, and what may be the least expensive. organizations of the medical and other professions, For God's sake assist me, for the case is so embarthey are more practically exhibited in the associations rassed that it deprives me of sleep and anpetite. M. of the bar."
Burney thinks there is a case like it in ch. 170, $ 5 in Members of the association, who have within the Fearn's Contingent Remainders. Pray read it over last year made any material change in their profes. The complexity lies in the questionable power of the
with him dispassionately, and let me have the result. sional business, will please inform the General Man
husband to alienate in usum enfeoffments 'whereof he aging Clerk of the Association, Capitol, Albany, was only collaterally seized, etc." N. Y., of its nature. Members will also please send to that officer the names of any and all attorneys attorney-general to Western Australia as the reward
No one will grudge Mr. Warton the appointment of and counsellors belonging to their respective bars of his five years' assiduity in Parliament. Translain the State who have died during the year, with tion to the antipodes may well have the effect of such brief notices of them as will be appropriate. , turning the right way up the very considerably talents C. J. BUCHANAN,
which be possesses, but which were by some accident
placed upside down on this side the equator. In a Secretary Ex. Com.
land of Topsyturvydom the snuff-box may be upset ALBANY, Nov. 11, 1886.
ouce for all, the handkerchief find repose in the pocket,
not the client. The bitter epigram may be sweetened,
light conundrums replace the tedious arithmetical
patch in the legislative council of another hemisphere. INDEXED DIGEST OF NEW YORK COMMON-LAW
Such we may well hope will be the happy result of
turning the last of the members for Bridport into an This is a digest of the eighty volun of common
attorney-general on the other side of the globe. -Lonlaw reports of this State, down to and including Hill's,
don Law Journal. wbich have been re-published, with notes and refer
Mr. H. W. Paine, the Boston lawyer, relates that in ences, by the Lawyers' Co-Operative Publishing Com
his early years he and Rufus Choate were counsel for pany of Rochester. It forms a volume of eleven hun
F. (, J. Smith in a railroad case. In addition to their dred pages, and appears to be in every respect judic speeches to the jury, their client also had his own iously and thoroughly done. It has black- letter indi
say; and then a verdict was rendered against them. A cations of the precise point of each syllabus. It is
few days afterward he saw in an Augusta paper a report specially prepared for reference to the company's edi
of the trial, which stated that “Rufus Choate furtion of the reports, but independent of that it is per-nished the eloquence, Henry W. Paive the law, and fectly adapted for use in connection with the original Mr. Smith the slang.” Inquiry elicited the fact that editions. It is a very creditable example of a com
the graphic paragraph, picturing the three men ex. pressed digest.
actly and without a superfluous word, was from the
pen of James G. Blaine, who was just entering upon NOTES.
his editorial career.
There is a judge of the Supreme Court residing in Charles Lamb, in a letter to “Barry Cornwall”
Buffalo who contends that Kent and Story are great who by the way was a lawyer-stated a law case which
“conveyancers." He has a span of horses thus he pretended was troubling aim and “fretting him to
named. death,” and avowed that be resorted to him because he was not on good terms with Henry Crabbe, Robin- We have not said a word about Codification this gop and Talfourd. It is necessary to explain that the week.
The Albany Law
ideas of compensation very respectable New York Journal, attorneys entertain. It appears from the opinion
that Mr. Kahn was admitted in 1877, and that the ALBANY, NOVEMBER 20, 1886. employment in question occupied his time from
September, 1882, till April, 1885, whether all the
time we do not know, but we will assume that it CURRENT TOPICS.
occupied all his time. Mr. Green reports that Mr.
Kahn ought to have a retaining fee of $5,000, comTHE Central Law Journal has a long and strong pensation at the rate of $1,000 a month, and a
editorial against the practice of allowing pris. solacing fee of $5,000 for having been discharged oners to testify in their own behalf lest they should | and “subjected to the trouble and expense of this hurt themselves. This is too sentimental. The test of reference," making $41,000 in all. Leaving the the matter is this: the object of criminal trials is to solacing fee out of the question, Mr. Green awards ascertain the truth, not to shelter criminals under ar- Mr. Kahn $36,000 for thirty-one months, or about tificial rules. If the prisoner's testimony will aid | $13,161 a year. This to a young man who has been the ascertainment of the truth, it should be re- admitted only nine years, and at the time of his received, no matter which way it makes. In every tuiner had been admitted only five years! A coincriminal trial, where the prisoner's testimony is not pensation much larger than that of the chief justice admissible, his counsel appeals to the jury on that of the United States, or any other judges in this score; his client's mouth is sealed; perchance he country except some in New York city! Mr. Kahn could explain away ugly circumstances if it were can go right up to the head! No other young not for the harsh rule of law. Now that his testi
man in this country can command a retainer of mony is admissible his counsel takes the other tack, $5,000 and such compensation after being admitted and whines about the hardship of practically call only five to nine years, we are sure. Mr. Kahn ing on him to explain. We have no doubt that the must be a very able young man; he has had a very general result of the admission is to help the inno- able referee; and if any court is able to affirm this cent and hurt the guilty. But it would be just as report it must be a very able court! No wonder logical to censure the use of circumstantial evi
there is a labor party springing up in this country. dence which the prisoner has created against himself. We think the law is right in giving the prisoner the option of testifying and enacting that his Our lively friend, Gibson's Law Notes, failed to omission shall not be constituted against him. That “ catch on” to our joke about descending from the is as near to absolute justice as we can get, and if
"bench " to "cricket." A "cricket” is a "low his omission harms him in spite of the caution, it stool.” cannot be helped. At all events it is bad logic and bad morals to say that a man presumed to be inno- We give a good deal of space this week to a very cent shall not be a witness if he desires to be. At important decision of the United States Supreme our last accounts there was no community in this court on the constitutionality of a State statute country more in need of strict and severe criminal regulating rates of freight on railroads running into justice than St. Louis. A score of alleged murder- other States. After we have read it in proof, and ers were in her jail awaiting trial or under sentence. the dissenting opinion of Mr. Justice Bradley We are sorry to hear a voice from St. Louis against which possibly we may also publish — we may any measure tending to ascertain truth and effect make some comments on the decision, justice. But it may safely be predicted that no community that has adopted the new rule will return to the old. We should not imitate the inhabi- Some of the criminal sentences imposed by Engtants of Tieck's “Schilda,” Utopia, “where they lish magistrates seem very inconsistent and capriccarried their magnanimity so far at last that they ious. Here are a few samples: A man for stealing read poems and odes to their convicts in order to a hand-cart, five years' penal servitude; and anreclaim them from the paths of vice, and in the other man for assaulting & fellow-workman and mildest way to convert them without the aid of the knocking out his eye, forty shillings fine! A man gallows."
for begging bread when he was unable to obtain
employment, ten days' imprisonment at bard labor; Mr. Aaron Kahn sends us, with his compliments, and another, for going to the work-house rather a printed copy of the “Report and Opinion of the than accept employment at three shillings a day, a Hon. Ashbel Green, referee, in the matter of the month's servitude and twelve strokes of the cat-o'claim of Aaron Kahn, Esq., for compensation as nine-tails! Again, a man for stealing a cotton proctor and attorney for Mary Irene Hoyt, in re the shirt, five years penal servitude; and another man Hoyt Will case.” We presume that he wants some for criminal assault upor two infants, three months' notice taken of it. Really it is noteworthy. It is imprisonment! The Law Times says: 6. We are not noteworthy as an evidence as to how fast a young surprised to see some comments in the press on the attorney can get ahead in New York city in certain sentences inflicted by Mr. Justice Day. Eighteen circumstances, and as to what broad and liberal | months' imprisonment of a clergyman for marrying