« AnteriorContinuar »
hibition of agricultural leases for a longer period , berth was offered him in another car, which he dethan twelve years cannot be evaded by the execut- clined. In an action for damages for breach of ing of two leases at the same time and for the same contract, held, that he was entitled to a continuous consideration, one for eight, and the other for passage in the same car and berth, or in one equally twelve years, the latter to commence at the expira- safe, comfortable and convenient; and that it was tion of the first term; but both are void; and a no defense that the defendant simply rented the former lease, surrendered in consideration of the cars to the railway companies for the use of passenexecution of these, is not reinstated. Clark v. ) gers. Pullman Palace Car Company v. Taylor, 65 Barnes, 76 N. Y. 301; p. 306.
Ind. 153; p. 57. The destruction of private property by the fire Costs. — A judgment of the Federal Supreme department of a city, to stay a conflagration, is not Court against the State of Wisconsin, for costs in a such an act as will sustain an action for damages criminal action, does not constitute a just claim against the city at common law, and is not a taking against the State within the statute conferring on of private property for public use, within the sense the State courts jurisdiction of actions against the of the Constitution; and if any remedy is provided State. Noyes v. State, 46 Wis. 250; p. 710. by law it must be pursued in the defined mode. | CRIMINAL LAW.-- Pushing open a closed but unKeller v. City of Corpus Christi, 50 Tex. 614; p. | fastened transom, that swings horizontally on hinges 613.
over an outer door of a dwelling-house, and enterThe Legislature cannot create new subjects of ex ing thereat, constitutes burglary. Timmons v. State, emption from execution, in addition to those enu- | 34 Ohio St. 426; p. 376. merated in the Constitution. Duncan v. Barnett, | Where by law the death penalty cannot be in11 S. C. 333; p. 476.
flicted for a given offense committed by a person of CONTRACT. - In consideration of the grant of a | less than seventeen years of age, the burden of proof right of way over his land, the defendant agreed by showing his non-age is on the defendant. Ake v. parol to furnish the plaintiff for life with a free pass State, 6 Tex. Ct. App. 398; p. 586. for himself and his family over its road. The pass On the trial of an indictment for murder, the was given for a while, and then refused. In an ac prosecution was allowed to prove that the examintion for breach of the contract, held, that the meas ing magistrate had compelled the prisoner to make ure of damages was the value of such pass, to be his footprints in an ash heap, and they corresponded approximated as closely as the nature of the case with footprints found at the scene of the crime. would admit. Erie & Pittsburgh Railroad Co. v. Held, no error. Walker v. State, 7 Tex. Ct. App. 245; Douthel, 88 Penn. St. 243; p. 451.
p. 595. Defendant offered, by letter sent through the A white man and a colored woman, married acmail, to engage the plaintiff in his employment, cording to the forms of law in Mississippi, may be stating terms, and asking for a reply by return mail. indicted for living together as husband and wife, The plaintiff received the letter on the 22d of under the laws of Tennessee. State v. Bell, 7 Baxt. March, and next day gave a postal card, accepting 12; p. 549. the offer, to a boy, to be mailed, but he neglected K., a negro man, and M., a white woman, domito mail it until the 25th. Held, that defendant was ciled in Virginia, went to the District of Columbia not bound by his offer, nor was he bound after re- and were there legally and regularly married, and ceiving the postal card to notify her that it was not after remaining there ten days returned to their in time, nor was he estopped by his mere subsequent home in Virginia, and continued to reside there as intention to accept her services and an unsuccessful | husband and wife. The law of Virginia prohibits attempt to see her. Maclay v. Harvey, 90 Ill. 525; marriages between white persons and negroes. Held, p. 35.
that the parties were liable to indictment in Virginia Plaintiffs intrusted a claim for collection to a mer- for lewd and lascivious cohabitation. Kinney v. cantile and collecting agency, taking a receipt con | Commonwealth, 30 Gratt. 858; p. 690. ditioned that the claim was to be transmitted to an The defendant was indicted under a statute makattorney for collection or adjustment, at the risk ing it a misdemeanor to employ female waiters in a and on the account of the plaintiffs, and signing a drinking saloon. She had employed such waiters similar agreement in the defendants' books. Held, before the passage of the act, and after the enactthat these instruments constituted the contract, and ment she discharged them and entered into partnerthe defendants were not liable for the attorney's acts ship with them. Held, an evasion of the statute for or default, in the absence of proof of gross negli- wbich the indictment would lie. Walter v. Commongence in selecting him. Sanger v. Dun, 47 Wis. wealth, 88 Penn. St. 137; p. 429. 615; p. 789.
Keeping open a barber shop on Sunday is not an The plaintiff purchased of the defendant, a sleep- indictable nuisance. State v. Lorry, 7 Baxt. 95; P. ing car company, at Indianapolis, a ticket purport- | 555. ing to entitle him to accommodations in a desig I Perjury cannot be predicated of an affidavit sworn nated sleeping car, in a berth to be pointed out by before a potary public professing to act in the city the conductor, thence to New York city. A certain of New York, but who was a non-resident of the berth was accordingly assigned him, and designated State at that time and at the time of his appointon the ticket, but at Pittsburgh the car was de- ment. Lambert v. People, 76 N. Y. 220; p. 293. tached, and a different and less safe and comfortable One may be convicted of rape on a woman who failed to resist because of imbecility. State v. Ath- and the same is hereby made a condition of the in. erton, 50 Iowa, 189; p. 134.
surance and a warranty on the part of the assured;" The objection that jurors on a criminal trial did and the policy made the application a part of it not understand the English language is waived if and a warranty. Held, that the warranty was only not specifically taken at the trial. Yanez v. State, such as was described in the application, and em6 Tex. Ct. App. 429; p. 591.
braced only such statements as were material to the On the trial of an indictment for larceny where risk and known to the insured to be false. Redman six witnesses were examined on behalf of the peo | v. Hartford Fire Ins. Co., 47 Wis. 89; p. 751. ple and three on behalf of the defendant, it was JURISDICTION. — Where a petition for letters of held error for the court to limit the arguments of administration was presented to the clerk of the surcounsel to five minutes each. White v. The People, rogate, in the surrogate's absence, and the clerk 90 Ill. 117; p. 12.
filled up a blank appointment signed and left with On a criminal trial it seems that a physician, who him by the surrogate, without evidence outside the has made a post-mortem examination, may be com petition of the death of the alleged decedent, the pelled to testify concerning its results and his opin- surrogate having no knowledge of and never acting ions derived therefrom. Summers v. State, 5 Tex. upon the petition, the letters are void, and do not Ct. App. 365; p. 573.
protect a debtor who in good faith pays his debt to DEED.-- A deed of lands reserved the timber, the the administrator named therein. Roderigas v. East grantee stipulating that the grantor should have two River Savings Institution, 76 N. Y. 316; p. 309. years to remove it. Held, that it might be removed MANDAMUS. — A citizen who desires to inspect after that time. Irons v. Webb, 12 Vroom, 203; p. recommendations filed with the collector of taxes 193.
as the basis for issuing pending liquor licenses, in EVIDENCE. — The rule that the execution of a order to ascertain whether the provisions of the law writing must be proved by the subscribing witness have been observed, and to secure obedience to the is not modified by the recent legislation making law, is entitled to mandamus to compel the exhibiparties competent witnesses. Henly v. Henning, 7 tion of such letters. Ferry v. Williams, 12 Vroom, Baxt. 524; p. 568.
332; p. 219. A deed, executed by a grantor making her mark, MARRIAGE.- A wife may maintain an action for she and the attesting witnesses being dead, is the loss of the society and companionship of her well proved by evidence of the handwriting of the husband, against one who wrongfully and maliciously attesting witnesses, with other confirmatory evi- induces and procures her husband to abandon or dence, and proof of the grantor's signature is not send her away. Westlake v. Westlake, 34 Ohio St. necessary. Lyons v. Holmes, 11 S. C. 429; p. 483. 621; p. 397.
EXEMPTION. — Under a statute exempting prop- A threat by a husband, conveyed through a payee, erty from distress, a widow, keeping a boarding that he will poison himself unless his wife signs a house, with a female friend residing with her, and note as surety for him, by means whereof she is infemale servants, besides the boarders, is the “head duced so to sign, does not amount to duress such as of a family.” Race v. Oldridge, 90 III. 250; p. 27. | will avoid her note. Wright v. Remington, 12
EXTRADITION.- A citizen and resident of one Vroom, 48; p. 180. State, charged in a requisition with the constructive A married woman held in her maiden name real commission of crime in another State, from which estate which belonged to her before marriage. Repin fact he has never fled, is not a fugitive from jus | resenting herself as a widow and concealing her tice, and the determination of the governor as to marriage, she applied for a loan thereon, and exethe sufficiency of the facts alleged is not conclusive. cuted a mortgage therefor in her maiden name, Jones v. Leonard, 50 Iowa, 106; p. 116.
without her husband joining in it, the other party INFANCY. – An infant cannot repudiate his exe- being ignorant of her marriage. Held, that in equity cuted contract to render services at a stipulated she could not avoid the mortgage and retain the price, and recover quantum meruit, where the other money. Patterson v. Lawrence, 90 II. 174; p. 22. party did not know of his infancy, and the contract A husband and his adult son went together to an was reasonable. Spicer v. Earl, 41 Mich. 191; p. undertaker and together ordered a coffin and car152.
riages for the funeral of the wife and mother, INSURANCE. - One who effected insurance cover. Nothing was said as to who was to be charged. ing his own goods and goods stored with him, and Held, that the husband was liable. Sears v. Giddy, collected the insurance money, is liable to the owner 41 Mich. 590; p. 168. of such stored goods for his share, although he did MASTER AND SERVANT. — An action will lie in not request or know of the insurance, and did not favor of one employee against a co-employee for ratify it before the payment of the loss. Snow v. physical injury caused to the former by the latter's Carr, 61 Ala. 363; p. 3.
negligence in the same undertaking. Hinds v. An application for fire insurance contained a state Overacker, 66 Ind. 547; p. 114. ment that “the foregoing is a just, full and true | MECHANICS' LIEN. — Under a Mechanics' Lien Act, exposition of all the facts and circumstances in re- giving a lien to any person who shall perform labor, gard to the condition, situation, value and risk of etc., a supervising architect may enforce a lien. the property to be insured, so far as the same are Stryker v. Cassidy, 76 N. Y. 50; p. 262. known to the applicant and are material to the risk, ! MUNICIPAL CORPORATION. - A city charter provided for the exercise by ordinance of the power to cases to deliver letters at the nearest post-office, employ legal counsel for the assistance of the com which was G. Held, that the notice was regular, mon council, etc. No such ordinance was passed, although it never reached the indorser, and although but the mayor employed attorneys to give an opin- she had changed her residence before the mailing. ion regarding municipal matters, which was read at Central National Bank v. Adams, 11 S. C. 452; p. 495. a meeting of the common council and acted on NUISANCE. — A livery-stable in a city is not necesHeld, that the attorneys could not recover of the sarily a nuisance, and so where one has been burned city for their services in giving the opinion. City down an injunction will not be granted against reof Bryan v. Page, 51 Tex. 532; p. 637.
building and using it, but only against its use in a In the absence of statute a county is not liable manner proved to have been a nuisance. Shiras v. for damage by failure to repair its public bridges. Olinger, 50 Iowa, 571; p. 138. Wood v. Tipton County, 7 Baxt. 112; p. 561.
REAL PROPERTY.– A sale of ice, already formed Defendant's charter authorized its officers to blow in a pond, is a valid sale of personal property. Higup any building on fire, or any other building which gins v. Kusterer, 41 Mich. 318; p. 160. it might deem hazardous, and gave the owners a SALE.— In an action for the price of a billiard right to damages therefor. The officers, to arrest a table it is no defense that it may be used for gamfire, blew up a building, and by reason of the ex- bling, unless it was sold under a contract that it plosion the plaintiff's building on the opposite side was so to be used; and knowledge of such intended of the street was shattered. Held, that he had no use will not be inferred from the fact that it was cause of action, although the injury was the natural accompanied by a pool set and rules for its use. and probable result of the explosion. People ex rel. | Brunswick v. Valleau, 50 Iowa, 120; p. 119. Brisbane v. City of Buffalo, 76 N. Y. 558; p. 337. SCHOOL. - A school teacher is not authorized to
A municipal corporation is not liable for damage inflict excessive chastisement; nor to chastise excaused by the accumulation of surface-water on city cept for a specific offense which the pupil underlots, when owing solely to the insufficient size of | stands; nor to chastise a pupil for refusing to sewers, which are not defective in construction nor study a branch from which his father had excused out of repair. Fair v. City of Philadelphia, 88 Penn. | him. State v. Mizner, 50 Iowa, 145; p. 128. St. 309; p. 455.
STATUTE.— The statute of 21 Henry III, concernThe chief of police of a city is an officer of the ing leap-year, makes no provision as to how the 28th State, and is not subject to removal by the mayor, and 29th of February shall be counted in computing and the mayor is liable in damages to him in a civil a number of days less than a year; the 29th of Febaction for such removal. Burch v. Hardwicke, 30 ruary is an independent day in such computations; Gratt. 24; p. 640.
and so service of a summons on the 25th of FebruNEGLIGENCE. — In an action against a railway ary, for a term commencing March 6th, is a valid company, by the owner of real estate adjoining the ten days' notice. Helphenstine v. Vincennes National track, for the burning of his house by sparks from Bank, 65 Ind. 582; p. 86. a locomotive, it being found that the fire was com SURETY.— A surety signed an appeal bond, and municated by reason of a defective spark arrester, intrusted it to the principal on condition that it held, that the plaintiff might recover, although the should also be signed by another whose name apsparks entered the house through an open window peared in the body of the bond as a co-surety. The in an unoccupied room, the plaintiff not being principal did not procure such additional signature, aware of the defect in the locomotive. Louisville, but erased that name and delivered the bond. Held, New Albany & Chicago Ry. Co. v. Richardson, 66 that the surety was not liable. Allen v. Marney, 65 Ind. 43; p. 94.
Ind. 398; p. 73. A locomotive engineer, killed by remaining upon A bond was executed for the faithful performance his engine when a collision was imminent, and tak of duty by an “assistant clerk” in a bank. He was ing measures to stop his train, is not chargeable employed as a messenger. Afterward he was prowith contributory negligence as matter of law, al moted to the next higher clerkship, and still later though he might have escaped injury by leaving his to the position of book-keeper. In the last position post. Cottrill v. Chicago, Milwaukee & St. Paul Ry. he was stationed near the money-drawer, and from Co., 47 Wis. 634; p. 796.
time to time abstracted money from it, and made A common seaman is bound to obey orders, and false entries to conceal his crime. The last promoif he receives an injury in obeying an order mani tion was without the knowledge of his sureties on festly perilous he is not chargeable with contribu the bond. Held, that they were not liable for the tory negligence. Thompson v. Hermann, 47 Wis. embezzlement Manufacturers' National Bank of 602; p. 784.
Newark v. Dickerson, 12 Vroom, 448; p. 237. NEGOTIABLE INSTRUMENTS.— A notary, having no TAXATION. - Stockholders in a moneyed corporaprecise knowledge of an indorser's residence, but tion are liable to taxation on their shares, although being informed that she resided at A., mailed notice the capital stock has also paid a tax. City of Memof protest to her at that place in care of the maker. phis v. Ensley, 6 Baxt. 553; p. 532. She resided midway between A. and G., but had Under a statute exempting from taxation a lot of got her letters at G. There was no post-office at A., ground for the use of a private banking institution, but it was the duty of the postal agents in such | the bank is not entitled to exemption of such parts of the banking-house as are leased to others. De graduated the first in the law tripos of his year. This Soto Bank v. City of Memphis, 6 Baxt. 415; p. 530.
secured him a Fellowship which, we believe, he held A tax warrant delivered to the collector before
for upwards of twenty years. Having been called to
the bar the year of his graduation, he was enan execution delivered to the sheriff, but not levied |
abled, by the aid of bis Fellowship and the prestige until after levy under the execution, has priority | thus acquired, to supply the deficienoy of private forover it. Evans v. Walsh, 12 Vroom, 281; p. 201. tune, which at that period was considered almost an in
The rights, franchises and interests of a street separable adjunct to that patient waiting for the first railway company, chartered by the Legislature and
brief destined to distinguish or extinguish the aspirant
for foreusic fame. For twelve years Mr. Cockburn enoccupying a city street, by contract with the city,
joyed considerable success as a junior, principally on are liable to assessment for benefits in the widening the Western circuit, aud some causes célèbres in which of the street in which the track lies. Chicago City | he distinguished himself won for him a silk gown at Railway Co. v. City of Chicago, 90 III. 573; p. 54. the age of 39. His finances, hitherto not very flourishTELEGRAPH COMPANY. -- An impostor, at Cincin
ing, received shortly afterward a most welcome relief
during the railway mania which lasted some years, in nati, sent a dispatch in the name of B. over defend
one of which alone he realized £20,000, and at the age ant's telegraph line, to C., at Selma, Alabama, re of 45 he entered Parliament for Southampton, of which questing C. to send a telegraphic money order to borough he was recorder. He thus made a great pecuB., at Cincinnati; C. complied, and defendant paid niary sacrifice, as he could no longer practice before the money to the impostor at Cincinnati; held, that
Parliamentary committees, the tribunals charged with defendant was not liable for the mistake in the ab
the investigation of those competing schemes, appar
ently an inexhaustible mine of wealth to the legal prosence of any suspicious circumstances. Western
fession. A happy speech, in what is known as the Don Union Telegraph Co. v. Meyer, 61 Ala. 158; p. 1. Pacifico debate in the House of Commons, in which
TRESPASS. - Where the owner of a stone-quarry, the principle of protection to a British subject wherever by blasting with gunpowder, destroys the buildings
resident against an unjust invasion of his personal of an adjoining land-owner, it is no defense to show
liberty and rights was involved, so strengthened the
existing government of Lord Palmerston that Mr. that ordinary care was exercised in the manner in
Cockburn, its author, received the appointment of which the quarry was worked. City of Tiffin v. Solicitor-General, only to be further promoted upon McCormack, 34 Ohio St. 638; p. 408.
the first vacancy to that of Attorney-General. These Ugury. — Usury cannot be pleaded by a second
offices he held for five years, with an intermission of mortgagee in an action to foreclose a prior mortgage
but nine months, when, upon the death of Sir Nicholas
Tyndal, he was elevated to the bench as Lord Chief on the same premises. Ready v. Huebner, 46 Wis.
Justice of the Court of Common Pleas. He however 792; p. 749.
for a time regretted his acceptance of judicial office, WATER-COURSE. — In an action by a lower against and publicly stated as mucb in a subsequent visit to an upper riparian owner on a stream, for fouling the
his former constituency of Southampton. His furstream by means of a hog-yard, and depriving him
ther promotion as Chief Justice of the Court of
Queen's Bench, after a three years' tenure of the of its use for domestic purposes, an instruction, that
chiefship of the Common Pleas, appears to have if the stream in its natural state was more useful to reconciled him to the change from the bustle and exall the owners for stock purposes than for ordinary citement of political and forensic life to the more domestic uses, the upper owner had a right reasona- placid and sedate duties pertaining to his diguified bly so to use it, in spite of the injury complained
exaltation. He soon proved himself to be facile prin
ceps, although some of his associate judges were men of, is correct. Hazeltine v. Case, 46 Wis. 391; p. 715.
not only of mark but of great judicial experience. WIL..— A purchaser of lands in good faith from He was nevertheless primus inter pares. a devisee under a will admitted to probate gets This latter office he held for twenty-one years, and good title, although the will is subsequently an occupied the judicial bench altogether twenty-four nulled as a forgery. Steele v. Renn, 50 Tex. 467; p.
years, a longer period than any judge since, or per605.
haps, even before Lord Eldon.* When at the bar Mr. Cockburn was engaged on some remarkable trials
that, forinstance, of Palmer, a medical practitioner, who LORD CHIEF JUSTICE COCKBURN. poisoned a sporting friend. Much toxicological knowl.
edge was displayed by Attorney-General Cockburn in TN venturing an account of the life and public ser
conducting the prosecution to a conviction. In the case
of McNaughton, who shot and killed Mr. Drummond, 1 vices of the late Lord Chief Justice Cockburn, it may with truth be said that he was the architect of
private secretary to the premier Sir Robert Peel, whom
McNaughton mistook for the prime minister, Mr. his own fortune. Although of a good and ancient family he was but a cadet of a collateral branch of it,
Cockburn, who defended the prisoner, obtained an acand probably was originally destined for some more
quittal on the ground of insanity, but so uovel and
refined were the subtle indicia of insanity as prohumble sphere and one perhaps affording less scope for
pounded and elaborated in the masterly defense of his the gratification of ambition than that which he sub
client, that the House of Lords thought it right to lay sequently embraced with such success. We opine that,
down some clear definitions for the future, and therebecause, judging from the date at which he graduated
upon submitted certain queries to the judges on the at Trinity Hall, Cambridge, he must have entered col
subject of what amount and description of insanity lege somewhat later than the average age. Although of a sociable disposition and somewhat given to con
should excuse a person from the penalties which would able aid to the ruling of judges in summing up the evi- believe, without precedent. As baronet, the ninth or dence in such cases. These resolutions of the House tenth of his line, though succeeding to the dignity late of Lords are to be found in extenso in Mr. H. Wight in life, a moderu peerage could have added little lustre. man's work on “The laws relating to the Medical He had achieved the position for which he was so well Profession." Another celebrated case, in which Mr. fitted, and was content to labor in his vocation rememCockburn appeared, was that of the Townshend Peer bering the injunction, "Whatever thine hand findeth age case before the House of Lords, which consisted of to do, do it with thy might." As there is no pleasure a tacit claim of a person born in wedlock, but proved, without its alloy, so there is no career, however brilnevertheless, to be illegitimate through impossibility | liant, that is not chequered by some disappointment. of access on the part of his alleged father, to the After having been a Fellow of his college for perhaps Marquisate of Townshend. The case took the form of nearly twenty years, he became a candidate, upon a a bill for perpetuating testimony, the husband and vacancy arising, for the Mastership or Presidency. To wife being both alive, though living apart, and neither his chagrin he lost the election, and the college lost an of them deposing personally on the occasion. In fact, opportunity of adding to the roll of eminent jurists it was a case resting entirely on circumstantial evi who had for centuries presided over the great law coldence which might have been confuted by the evidence lege of Cambridge University. Upon subsequently of the lady, who, as was said by Lord Brougham, resigning his Fellowship they, however, made the only could not be cross-examined to bastardize her own amends in their power by electing him an honorary issue, yet she refused to take the stand in favor of her Fellow, and we believe, in creating one or more own son although he at least was an innocent party to law studentships, at his suggestion, out of the proceeds the fraud. Upon the marchioness declining to appear of the Fellowship thus vacated for that purpose. We as a witness on behalf of her son, Mr. Cockburn, his may mention, in passing, that among the eminent men counsel, took the manly course of assuring their lord connected with this college (Trinity Hall) with whom ships that his client had no desire to seek a false posi the chief justice was more or less associated, were the tion, remarking that "titles without honor were indeed late Sir Herbert Jenner, the well-known ecclesiastical but empty baubles."
otherwise attach to crime. The answers of the judges viviality, which at that period was much cultivated at
were embodied in resolutions which have ever since the Universities, he never lost sight of the main object
been acted on as a guide to juries, and form an iuvaluof an academical career. Like his contemporary at the same college, Edward Lytton Bulwer, he was suc * Lord Justice Bramwell was raised to the bench ir cessful in his competition for University prizes, and same year as Lord Chief Justice Cockburn.-ED. ALB. L. J.
judge (the Master), Professor Sir James Stephen, K. The tedious and patient investigation of the Tich C. B., the father of Sir James Fitzjames Stephen, K. borne case, together with the humorous and elaborate C. S. I., now one of the judges of the Court of Queen's summing up by the late chief justice, are comparatively Bench, and Mr. Leslie Stephen, the author, a Fellow fresh in the memory of the legal profession. Never, and one time tutor of the college; and Sir H. Sumner perhaps, was a judge's temper more tried by counsel Maine, K. C. S. I., a Fellow and regius professor of than on that occasion, but as both parties have now civil law, and Sir John Dodson, Queen's advocate. gone to their account, we gladly subscribe “ De mortuis | We can therefore well understand the annoyance exnil nisi bonum." Suffice it to say that Sir Alexander perienced by Sir Alexander at his defeat, as before Cockburn had been one of Dr. Keneally's best friends mentioned. Certain moral peocadilloes were alleged at a time when the latter was somewhat under a cloud, to be the cause of the untoward result, but with the and the pain that he must have experienced at the private and domestic life of the chief justice we feel personal attacks made upon him in his judicial capac we are not at liberty to deal. Such, however, has been ity, was well nigh past human endurance or forbear severely commented upon in some of the public prints, ance. The conduct of Sir Alexander Cockburn when otherwise we should not have alluded to it. Honi acting in the capacity of British Commissioner or soit qui mal y pense, is the motto we adopt. One thing Arbitrator in the Geneva Arbitration, has been severely is certain. Ile was a good father and never allowed commented on, notably by Mr. Caleb Cushing, but the his indiscretious to be visited upon his children. existing fact that the sum awarded on that occasion in Legitimate or illegitimate he treated them as the favor of the claims of the United States, exceeded by former - they were received into society and were the some millions of dollars the proofs subsequently ad solace of his declining years - and now that he is gone mitted, so that a large surplus remains still unaccounted the secret of their birth has died with him. He was a for, may perhaps be received now that animosi great and in many respects a good man. A firm friend ties are hushed in the silence of the tomb, as some ex and an impartial judge - peace be to his ashes and tenuation of a protest that doubtless was made honestly honor to his memory. It may be added that the suband patriotically even though ill-judged and without ject of our sketch was a man of varied accomplishavail. As, however, this consideration trenches on ments, a keen sportsman, a skillful yachtsman, a the delicate domain of international susceptibilities, society man of the best type, dividing his leisure hours we gladly pass on to the only remaining topic, viz. : between a contemplation of the muses and the ratiotbat the late chief justice was never honored with a cination which accompanies a study of the abstruse peerage usually deemed the ultima thule of judicial and exact sciences, Euclid being one of his favorite ambition. That Sir Alexander Cockburn might have subjects of mental recreation; and yet he could find been elevated to the House of Lords and have even time to contribute to the periodicals of the day, his been promoted to an earldom, there is little doubt. last effort in that respect being entitled " A History of The House itself would have heartily welcomed both the Chase,” in which he exhibits much archaic, classihis judicial and statesmanlike qualities as invaluable cal, and sylvan lore. The subject was to have been additions to its prestige, and doubtless his wishes had continued but for the inevitable hour that awaits all been consulted by every liberal minority. Whatever, aspirations. “The paths of glory lead but to the grave." if any, were his private reasons for either declining or The perseverance with which for forty years the chief not seeking the usual honor, we believe public duty justice strove to obtain the release from prison of a was paramount to all. Had he been summoned to the man as he believed erroneously convicted of murder House of Lords he would have felt it a duty to take and sentenced to imprisonment for life, is a trait in his part in its judicial proceedings. This would have inter | character betokening at once benevolence and innate fered with that undivided attention which the judi love of justice; for he had no personal interest to ciary transition, under the new judicatory system, serve, neither was he at any time engaged professionwhich has been on trial for some time in England, ally in the case. He simply was present at the trial as demanded especially at the hands of the chief justice a member of the bar — was satisfied of the man's innoof England. His hands were already full. That the cence, and never rested till, we believe, only last year Queen was desirous of showing her personal apprecia his perseverance was crowned with successs. • tion, was evidenced by her conferring upon him the
HUGH WEIGHTMAN. grand cross of the order of the Bath - an honor, we | NEW YORK, Nov. 30, 1880.