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food and wine, they made a bold attack on the experts for the prosecution, tried to get up a personal altercation between them and their own experts, and to thus weaken the scientific value of the evidence. They then made all sorts of insinuations as to how the poison could have gotten into the specimens, and practically charged nearly every witness for the prosecution with collusion in a scheme to defame the Rev. Mr. Vosburgh.

But in no one line of procedure were the prisoner's counsel more effective than in that of beclouding the minds and exhausting the jury by the mass of medical testimony they forced into the case. Physician after physician was questioned and crossquestioned by each side regarding the woman's symptoms, condition, recovery, etc., as well as on the general pathology and symptomology of chronic antimonial poisoning and "rheumatoid gout,"

which the defense claimed was the cause of Mrs. Vosburgh's illness.

Only two of the many physicians who appeared as witnesses had ever of their own experience had an opportunity to observe cases of chronic antimonial poisoning.

refutation in the Meyer case. Thus, it was questioned whether there could be "tolerance" to antimony; whether the doses found in the tea, water, etc., if partaken would not have produced immedi ate death; whether when elimination began it would not proceed regularly until none remained in the system. Indeed, one of the medical witnesses for Vosburgh went into an elaborate arithmetical calculation regarding the elimination and the amount of antimony that might exist in Mrs. Vosburgh's body.

The record of the chemical analysis in the Meyer case has just been published in the journal of the American Chemical Society, being a paper read by me at the May meeting of the New York section. Very considerable quantities of antimony and arsenic were found in the alimentary canal. The antimony extracted and weighed would in the form of tartar emetic have weighed 6.64 grains. The arsenic extracted and weighed, if calculated to arsenious oxide, would have weighed 5.02 grains.

While drawing conclusions of a scientific character from the testimony presented in murder trials has grave disadvantages, many of the most vital facts to the forming of opinions being wholly want

The rarity of chronic antimonial poisoning was ing, yet we feel warranted in the belief from the reequally revealed in the Meyer case, where no physi-sults of the analysis of Brandt's kidneys that at or cian could be found who could testify from his own observations of the symptoms developed in persons suffering from the effects of antimony partaken during a considerable period.

The records of about sixty cases were collected by the writer, at the direction of the district attorney in the Vosburgh case, and a resumé of symptoms compiled therefrom. While the defense tried to belittle this testimony, the disclosure on the part of the other physicians of lack of experience in chronic cases made his deductions fully as competent as theirs. It was necessary to bring the symptomology of chronic antimonial poisoning before the jury in some way, and this seemed about the only way.

Very little can be said concerning the lines along which Meyer was defended. The opening address by counsel in the first trial substantially admitted a conspiracy, of which Brandt was a party; they denied, however, that the body exhumed was that of either Brandt or Baum, and at any rate that any toxicologist could ascertain that the antimony and arsenic found had not been introduced after death. At the first trial only a few witnesses were examined regarding these issues. A more extended case was developed along the same lines at the second trial. Meyer was not asked to take the stand, for

obvious reasons.

Many of the arguments brought forward by the defense in the Vosburgh trial meet with complete

about the time of his death only small quantities of antimony would have been found in the urine, probably a greater amount of arsenic. This would show that the elimination was defective, notwithstanding the large quantity of antimony existing in the body.

Such a state of things would fully accord with what authors on these topics state in regard to experiments on elimination of poison, and with the records of actual cases of poisoning.

The finding of arsenic along with antimony in Brandt's body introduces another element that adds to the unique character of the case. Diligent search at the time of the trial and since has failed to bring to light a case where these two poisons were used as toxic agents. Arsenic has been detected where antimony was the cause of death, but it existed as an impurity in the antimony. Not so in this case. The testimony of Muller is borne out by the distribution of the two poisons as shown by the analysis of the various organs.

Brandt, like Mrs. Vosburgh, was slow to die. Having been reduced almost to the point of death, the coup de grace came through the administration of arsenic. Taylor, in a monograph on poisoning by tartarized antimony, cites similar cases, where the deceptive symptoms produced by tartar emetics paved the way for a demise effected through a second poison to remain unsuspected by the attending physicians.

Abstracts of Recent Decisions.

ATTORNEY-AUTHORITY.— Where the record fails to show that an attorney had no express authority to enter a consent decree, by which a definite fee was given him, the objection that an attorney cannot have implied authority to consent to such decree cannot be urged. (Schmidt v. Oregon Gold Mining Co. [Oreg.], 40 Pac. Rep. 1014,)

CHAMPERTY. — Upon the trial of a suit for infringement of a patent, it appeared that the suit was brought by an assignee, to whom the patent had been assigned, fourteen years after its issue, and when it was known to have been infringed, under an agreement that such assignee should prosecute suits against infringers, at his own expense, and divide the recoveries with the patentee: Held, that such agreement constituted champerty, and that the bill should be dismissed. (Kieper v. Miller [U. S. C. C., Penn.], 68 Fed. Rep. 627.)

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CORPORATIONS RECEIVER'S CERTIFICATES. court of equity has no power, without the consent of all lien creditors to authorize the receiver of an insolvent private corporation, whose business is not affected with any public interest, to issue certificates which will be a paramount lien upon its property, for the purpose of carrying on its business, unless it be necessary to do so in order to preserve the existence of the property or franchise. (Fidelity Insurance, Trust & Safe Deposit Co. v. Roanoke Iron Co., U. S. C. C. [Va.], 68 Fed. Rep. 623.)

DECEIT FRAUDULENT SALE OF CORPORATE STOCK.-Where one, by fraudulent representations, induces another to purchase corporate stock as an investment, the loss which the purchaser suffers by retaining the stock under the belief that the representations are true is chargeable against the wrongdoer, such loss being presumptively within his contemplation at the time of committing the fraud. (Duffy v. Smith, [N. J.], 32 Atl. Rep. 371.)

EMINENT DOMAIN- CONSTRUCTION OF RAILROAD. In an action against a railroad company for damages from the construction of its road across town lots, the jarring, smoke, noise and dust of passing trains incident to the ordinary operations of the road and the proximity of the road to buildings on the property, are properly considered by the jury in estimating the damages. (Comstock v. Clearfield & M. Ry. Co. [Pa.], 32 Alt. Rep. 431.)

INSURANCE-INSURABLE INTEREST-ESTOPPEL. Where plaintiff, who sold land on which was a building covered by an insurance policy, took back a judgment for part of the price, and under the advice of the secretary of the insurance company, who knew the circumstances, delivered the deed to the purchaser without transferring the policy, and paid the assessments under the policy for three years, up to the time of a loss, the company is estopped from asserting that the policy was void for want of an insurance interest in plaintiff. (Light v. Countrymen's Mutual Fire Ins. Co. of Lebanon County [Penn.], 32 Atl. Rep. 439.)

MUNICIPAL CORPORATIONS-CONTROL OF STREETS ---CHANGE OF GRADE.--A city has the supreme control over the streets, pavements, etc., and determines, in the exercise of its functions, everything in connection with their grading, paving, and condition according to its best judgment; and where it chooses to grade its streets so as to leave only a two inch depth of gutter, instead of six, it may do so without being subject to any control of the courts.

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(McHale v. Easton & B. Transit Co. [Penn.], 32 Atl. Rep. 461.) RECEIVERS Though a receiver appointed by a court of equity is by statute exempt from garnishment in his own State the federal courts of another State will not refuse to entertain garnishment against him on a petition properly presented by citizens within the jurisdiction, when no objection to the jurisdiction on other grounds exists. (Central Trust Co. of New York v. Chattanooga, R. & C. R. Co. U. S. C. C. [Tenn.], 68 Fed. Rep. 685.)

EXEMPTION FROM GARNISHMENT.-

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give the utmost freedom to those who desire to live here and to become a part of the State, and the best developement of the country demands that not only should immigration be properly restricted, but that naturalization should also be kept within well-defined and proper limitations. Moreover the benefits of naturalization in this country to a person who is temporarily abroad is recognized and commented upon, and the value of this work is proportionate to all these considerations. The book is not divided into chapters, but begins with a general discussion on the importance of naturalization and then gives definitions with citatious showing a reference for each. Quite a little attention is given to the distinction between aliens who may and who may not become citizens. The statutes of the different nations on this subject are then given in order and the application of the American statutes to each follows. All the kindred subjects are grouped with good taste and propriety through the work, which also contains parts of the constitutions of different Republics and States on this subject, and concludes with forms for use under our statutes. The general index is comprehensive of the entire work and is carefully arranged and prepared, and the whole book is much more practical and exhaustive than any former work. Published by Little, Brown & Co., Boston, Mass.

A treatise on the construction of the Statute of Frauds as in force in England and the United States. Fifth edition, by James A. Bailey, Jr., with the cooperation of the author, Causten Browne.

The desirability of the fifth edition of this work is evident when we comprehend that over 1,900 cases have been added to the text-book since the last edition, while the entire text has been carefully revised to conform to many of the decisions which have thus been made. The number of cases cited in this work is tremendous, the table of cases alone filling over sixty pages. The work is divided into twenty chapters, among which are chapters on Formalities, for Conveying Estates and Land, Loans Recovered by Statute, Wills Excepted from the Statute, Assignment and Surrender, Conveyance by Approbation of Law, Trusts Implied by Law, Express Trusts, Verbal Contracts - how far valid, Contracts in Part Within Statute, Guarantees, Agreements. not to be performed within a year, Sales of Goods, Acceptance and Receipt, Earnest and Part Payment, The Form of the Memorandum, The Contents of the Memorandum, Verbal Contracts Enforced in Equity and Pleading.

The reviews on the first four editions of this work have, without exception, spoken of its high value as a text-book and we can but echo the statements which have been made about the first four editions

when we review the fifth. No work on this subject has received such general favor from the practising lawyer, and it is generally recognized as an authority on this subject. The present work has none of the appearance of an earlier edition which has simply been added to, but is a complete and new work and one which will again receive the favorable approbation of the bar. It is published by Little, Brown & Co., Boston, Mass.

The Law Relating to Electricity. By Simon G. Crosswell, formerly of the law department of the Thomson-Houston Electric Co. and the General Electric Co., and author of a treatise relating to executors and administrators, and "A Collection of Patent Cases."

As is most properly stated by the author, the rapid development and application of electricity to various commercial uses has produced a corresponding growth of statutes and adjudged cases until there has been formed a considerable branch of law devoted wholly to those subjects. This idea is well known, as is apparent from the publication of a series of reports devoted wholly to the subject of electricity. The increased application of electricity to commercial purposes has been more rapid than the practical development of laws on this subject, and we have noted with great interest the eagerness of members of the bar to obtain works on this interesting and useful subject. This text-book, therefore, which we are reviewing comes in good season to meet the apparent desire of the members of the legal profession and will undoubtedly be received with the measure of success which its value merits. Not only will the book be of service to those who are practicing law, but its worth will be considerable to the layman who desires to obtain a comprehensive view of the general principles applicable to electricity. The work is divided into thirty-three chapters, the most important of which are, Incorporation, Contracts as Affected by Franchise, Prohibition of Discrimination, The Duties of Telegraph Companies as to Transmission and Delivery, Duties as to Telegrams and Other Matter, Nature of the Liability of Telegraph Company as to Negligence, Special Agreement, Limitation of Time for the Presentation of Claim, Measure of Damages, Telegraphic and Telephonic Communications as Evidence, Contracts by Telegram and Other Matters, Telephone and Electric Light Operation, Electric Railway Operation, and Taxation. This last chapter is one which will be of valuable service and interest to counsels for corporations. The work contains not only a table of cases cited, but also a table of contents and of statutes arranged according to different States.

Published by Little, Brown & Co., Boston, Mass.

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The Albany Law Journal.

ALBANY, OCTOBER 12, 1895.

Current Topics.

for review, pursuant to subdivision 8 of section 485 and sections 517 and 528 of the Code of Criminal Procedure.

There has been imposed by the sections of the Criminal Code above mentioned a very arduous duty upon this court. We act not

[All communications intended for the Editor should be ad- only in the capacity of an ordinary appellant

dressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other

JOURNAL COMPANY.]

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tribunal reviewing errors of law pointed out
by exceptions duly taken, but if satisfied that
the verdict is against the weight of evidence or
that justice requires a new trial, it is the duty
of the court to grant it, whether any exception
shall have been taken or not in the court below.

The duty imposed upon us is that of reading
every convic-
the whole evidence in the case of
tion of murder in the first degree. The Code
provides (subdivision 8 of section 485) that the
case and exceptions shall consist, among other
things, of a copy of the stenographer's minutes
of the trial, the result of which provision is,
that a large mass of evidence frequently upon
points not really disputed or disputable, is re-
turned, all of which must be perused before
this court can properly come to a conclusion in

a case.

business matters, should be addressed to THE ALBANY LAW CASE which has attracted much attention throughout the State has been finally decided by the Court of Appeals, and is the case of the People v. Shea, which grew out of a murder at the municipal election in the city of Troy, N. Y., a year and a half ago. The defendant was indicted for murder in the first degree and was convicted as charged in the indictment at an extraordinary term of the Oyer and Terminer, over which Governor Flower appointed Mr. Justice Pardon C. Williams, of Watertown, to preside. Assistant District Attorney Fagan and Hon. George Raines, who was appointed to assist, appeared for the People, while the defendant had as his attorneys John T. Norton, Esq., of Troy, and Galen R. Hitt, Esq., of AlIt seems to us that a practice might bany. The opinion of the Court of Appeals be provided by the Legislature which, while reaffirming the judgment of the trial court is writ-taining all that is now sought for in an appeal ten by Judge Peckham, and aside from the to this court, would yet restrain within some well-known literary ability of Judge Peckham, which is displayed in the opinion, it is worthy of comment in other respects as involving many new and novel points, which at least have not been decided in this State. It appears that previous to the trial circulars were distributed to the grand jurors reminding them of the great importance of their duties and stating some of their powers as evidenced by citations from the statutes and offering further to advise them, if they would call at the headquarters of the committee of safety, of the way by which each grand juror could do effective work. It was established that the methods of the committee were not for political or sectarian effect, as it was composed of people of all religions and of different political beliefs. Judge Peckham, in discussing this point, says:

reasonable limits the printing of a vast mass of prolonged examinations and cross-examination filled with repetitions and immaterial matter, and set forth by question and answer.

The case now before us is an apt illustration of the vice of this kind of practice. Ten thousand folios, embracing 2,000 printed pages of evidence, compose the record, exclusive of some 300 pages of examinations of jurors, no question in regard to whom was raised or argued in this court. Taking all this mass of evidence and printing it by question and answer, with its innumerable and everlasting repetition of the same thing stated in the same way, does no good to any one, and at the same time makes the reading a burden which ought not to be imposed upon the court. The evidence should, as it seems to us, be placed in The defendant having been convicted of the the record and the case settled by the trial judge, crime of murder in the first degree at an extra- as in other cases, and not more than the mateordinary term of a court of Oyer and Term-rial evidence ought to be returned, and, except iner, held in the city of Troy, has by appeal in special cases, the evidence should be in narbrought the record of his trial before this courtrative form.

VOL. 52- No. 15.

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Notwithstanding this great mass of evidence returned, as the present law provides, the whole record has been examined and deliberated upon with that degree of care and attention which the interests at stake would naturally call for. Continuing, Judge Peckham discusses the merits of the case and the facts, which are too numerous to mention here, and states that the Court cannot listen, with complacency, to the arming of citizens of the State for the purpose of going through the forms of holding an election, and to be ready to protect themselves in case of an attack. It is an appeal to the force of arms instead of to the protection of the law, and such an appeal is one which the courts cannot be expected to look upon with the least patience or tolerance. Still, when the whole case is surveyed, the criticism comes in bad form from the defendant, and there is nothing in the evidence which justifies him or mitigates the character of his act.

Judge Peckham then distinguishes between acts done in furtherance of an unlawful purpose and in violation of the criminal law, and other acts which are done by private citizens in order to obstruct the accomplishment of that purpose. On this subject he says:

to prevent its violation by others, but the intent with which an act is performed is the important fact which characterizes and gives point and force to the act itself. We think the action of the deceased and his friends cannot properly be said to have led to this catastrophe.

In discussing the objections of the defendant to the admission of evidence in regard to repeating Judge Peckham says:

The counsel for the defendant challenge the correctness of the rulings of the trial court in admitting evidence of the repeating in the presence and under the supervision and direction of defendant at the different polls as stated in the point last discussed. Proper exceptions

were taken to the decisions of the court in that regard, and the question has been argued before us at great length. The objection taken is that the evidence was immaterial and had no proper or legitimate bearing upon the issues joined for trial, and that it simply tended to show the defendant guilty of some other separate and dif

ferent crime from that for which he was indicted

and then on trial and to greatly prejudice him in his defense. The impropriety of giving evidence showing that the accused had been guilty of other crimes, merely for the purpose of thereby inferring his guilt of the crime for which he is on trial, may be said to have been assumed and constantly maintained by the English courts ever since the common law has itself been in existence. Two antagonistic

Up to the time the defendant and his companions appeared, it is not pretended that the least disorder had prevailed at the polling place, although it may be assumed that there were men belonging to all parties there present. The trouble commenced upon the arrival of the de- methods for judicial investigating of crime, and fendant and friends, and the fighting was precipitated by them. While condemning in unmeasured terms, the general practice of carrying weapons, we can in this case admit that the deceased or his companions ought to be defended as violators of the public peace, because of their conduct on this occasion. Court cannot and must not recognize the claim of right to take the law into their own hands by citizens under any circumstances, but at the same time they can see the difference and make the proper distinction between acts done in furtherance of an unlawful purpose and in violation of the criminal law, and those acts which are done by private citizens in order to obstruct the accomplishment of that purpose and to pre-sumed innocent until his guilt is made to appear vent such violation. The citizen must not him- beyond a reasonable doubt to a jury of twelve self be guilty of a violation of law in his efforts In order to prove his guilt it is not per

the conduct of criminal trials have existed for many years. One of these methods favors this kind of evidence, in order that the tribunal which is engaged in the trial of the accused may have the benefit of the light to be derived from a record of the whole past life of the accused, his tendencies, his nature, his associates, his practices, and in fact, all the facts which go to make up the life of a human being. This is the method which is pursued in France, and it is claimed that entire justice is more apt to be done where such a course is pursued than where it is omitted. The common law of England, however, has adopted another and, so far as the accused is concerned, a much more merciful doctrine. By that law the criminal is pre

men.

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