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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 executing of two leases at the same time and for the same consideration, one for eight, and the other for twelve years, the latter to commence at the expiration of the first term; but both are void; and a former lease, surrendered in consideration of the execution of these, is not reinstated. Clark v. Barnes, 76 N. Y. 301; p. 306.

The destruction of private property by the fire department of a city, to stay a conflagration, is not such an act as will sustain an action for damages against the city at common law, and is not a taking of private property for public use, within the sense of the Constitution; and if any remedy is provided by law it must be pursued in the defined mode. Keller v. City of Corpus Christi, 50 Tex. 614; p.

613.

The Legislature cannot create new subjects of exemption from execution, in addition to those enumerated in the Constitution. Duncan v. Barnett, 11 S. C. 333; p. 476.

CONTRACT. - In consideration of the grant of a right of way over his land, the defendant agreed by parol to furnish the plaintiff for life with a free pass for himself and his family over its road. The pass was given for a while, and then refused. In an action for breach of the contract, held, that the measure of damages was the value of such pass, to be approximated as closely as the nature of the case would admit. Erie & Pittsburgh Railroad Co. v. Douthel, 88 Penn. St. 243; p. 451.

Defendant offered, by letter sent through the mail, to engage the plaintiff in his employment, stating terms, and asking for a reply by return mail. The plaintiff received the letter on the 22d of March, and next day gave a postal card, accepting the offer, to a boy, to be mailed, but he neglected to mail it until the 25th. Held, that defendant was not bound by his offer, nor was he bound after receiving the postal card to notify her that it was not in time, nor was he estopped by his mere subsequent intention to accept her services and an unsuccessful attempt to see her. Maclay v. Harvey, 90 Ill. 525; p. 35.

clined. In an action for damages for breach of contract, held, that he was entitled to a continuous passage in the same car and berth, or in one equally safe, comfortable and convenient; and that it was no defense that the defendant simply rented the cars to the railway companies for the use of passengers. Pullman Palace Car Company v. Taylor, 65 Ind. 153; p. 57.

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COSTS. A judgment of the Federal Supreme Court against the State of Wisconsin, for costs in a criminal action, does not constitute a just claim against the State within the statute conferring on the State courts jurisdiction of actions against the State. Noyes v. State, 46 Wis. 250; p. 710.

CRIMINAL LAW.-- Pushing open a closed but unfastened transom, that swings horizontally on hinges over an outer door of a dwelling-house, and entering thereat, constitutes burglary. Timmons v. State, 34 Ohio St. 426; p. 376.

Where by law the death penalty cannot be inflicted for a given offense committed by a person of less than seventeen years of age, the burden of proof showing his non-age is on the defendant. Ake v. State, 6 Tex. Ct. App. 398; p. 586.

On the trial of an indictment for murder, the prosecution was allowed to prove that the examining magistrate had compelled the prisoner to make his footprints in an ash heap, and they corresponded with footprints found at the scene of the crime. Held, no error. Walker v. State, 7 Tex. Ct. App. 245;

p. 595.

A white man and a colored woman, married according to the forms of law in Mississippi, may be indicted for living together as husband and wife, under the laws of Tennessee. State v. Bell, 7 Baxt. 12; p. 549.

K., a negro man, and M., a white woman, domiciled in Virginia, went to the District of Columbia and were there legally and regularly married, and after remaining there ten days returned to their home in Virginia, and continued to reside there as husband and wife. The law of Virginia prohibits marriages between white persons and negroes. Held, that the parties were liable to indictment in Virginia for lewd and lascivious cohabitation. Kinney v. Commonwealth, 30 Gratt. 858; p. 690.

Plaintiffs intrusted a claim for collection to a mercantile and collecting agency, taking a receipt conditioned that the claim was to be transmitted to an The defendant was indicted under a statute makattorney for collection or adjustment, at the risking 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, that these instruments constituted the contract, and the defendants were not liable for the attorney's acts or default, in the absence of proof of gross negligence in selecting him. Sanger v. Dun, 47 Wis. 615; p. 789.

The plaintiff purchased of the defendant, a sleeping car company, at Indianapolis, a ticket purporting to entitle him to accommodations in a designated sleeping car, in a berth to be pointed out by the conductor, thence to New York city. A certain berth was accordingly assigned him, and designated on the ticket, but at Pittsburgh the car was detached, and a different and less safe and comfortable

before the passage of the act, and after the enactment she discharged them and entered into partnership with them. Held, an evasion of the statute for which the indictment would lie. Walter v. Commonwealth, 88 Penn. St. 137; p. 429.

Keeping open a barber shop on Sunday is not an indictable nuisance. State v. Lorry, 7 Baxt. 95; p. 555.

Perjury cannot be predicated of an affidavit sworn before a notary public professing to act in the city of New York, but who was a non-resident of the State at that time and at the time of his appointLambert v. People, 76 N. Y. 220; p. 293. One may be convicted of rape on a woman who

ment.

failed to resist because of imbecility. State v. Atherton, 50 Iowa, 189; p. 134.

The objection that jurors on a criminal trial did not understand the English language is waived if not specifically taken at the trial. Yanez v. State, 6 Tex. Ct. App. 429; p. 591.

On the trial of an indictment for larceny where six witnesses were examined on behalf of the people and three on behalf of the defendant, it was held error for the court to limit the arguments of counsel to five minutes each. White v. The People, 90 Ill. 117; p. 12.

On a criminal trial it seems that a physician, who has made a post-mortem examination, may be compelled to testify concerning its results and his opinions derived therefrom. Summers v. State, 5 Tex. Ct. App. 365; p. 573.

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DEED. A deed of lands reserved the timber, the grantee stipulating that the grantor should have two years to remove it. Held, that it might be removed after that time. Irons v. Webb, 12 Vroom, 203; p. 193.

EVIDENCE. The rule that the execution of a writing must be proved by the subscribing witness is not modified by the recent legislation making parties competent witnesses. Henly v. Henning, 7 Baxt. 524; p. 568.

A deed, executed by a grantor making her mark, she and the attesting witnesses being dead, is well proved by evidence of the handwriting of the attesting witnesses, with other confirmatory evidence, and proof of the grantor's signature is not necessary. Lyons v. Holmes, 11 S. C. 429; p. 483. EXEMPTION. Under a statute exempting property from distress, a widow, keeping a boardinghouse, with a female friend residing with her, and female servants, besides the boarders, is the "head of a family." Race v. Oldridge, 90 Ill. 250; p. 27. EXTRADITION.-A citizen and resident of one State, charged in a requisition with the constructive commission of crime in another State, from which in fact he has never fled, is not a fugitive from justice, and the determination of the governor as to the sufficiency of the facts alleged is not conclusive. Jones v. Leonard, 50 Iowa, 106; p. 116.

INFANCY.- An infant cannot repudiate his executed contract to render services at a stipulated price, and recover quantum meruit, where the other party did not know of his infancy, and the contract was reasonable. Spicer v. Earl, 41 Mich. 191; p.

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and the same is hereby made a condition of the insurance and a warranty on the part of the assured;" and the policy made the application a part of it and a warranty. Held, that the warranty was only such as was described in the application, and embraced only such statements as were material to the risk and known to the insured to be false. Redman v. Hartford Fire Ins. Co., 47 Wis. 89; p. 751.

JURISDICTION.- Where a petition for letters of administration was presented to the clerk of the surrogate, in the surrogate's absence, and the clerk filled up a blank appointment signed and left with him by the surrogate, without evidence outside the petition of the death of the alleged decedent, the surrogate having no knowledge of and never acting upon the petition, the letters are void, and do not protect a debtor who in good faith pays his debt to the administrator named therein. Roderigas v. East River Savings Institution, 76 N. Y. 316; p. 309.

MANDAMUS. —A citizen who desires to inspect recommendations filed with the collector of taxes as the basis for issuing pending liquor licenses, in order to ascertain whether the provisions of the law have been observed, and to secure obedience to the law, is entitled to mandamus to compel the exhibition of such letters. Ferry v. Williams, 12 Vroom, 332; p. 219.

MARRIAGE. A wife may maintain an action for the loss of the society and companionship of her husband, against one who wrongfully and maliciously induces and procures her husband to abandon or send her away. Westlake v. Westlake, 34 Ohio St. 621; p. 397.

A threat by a husband, conveyed through a payee, that he will poison himself unless his wife signs a note as surety for him, by means whereof she is induced so to sign, does not amount to duress such as will avoid her note. Wright v. Remington, 12 Vroom, 48; p. 180.

A married woman held in her maiden name real estate which belonged to her before marriage. Representing herself as a widow and concealing her marriage, she applied for a loan thereon, and executed a mortgage therefor in her maiden name, without her husband joining in it, the other party being ignorant of her marriage. Held, that in equity she could not avoid the mortgage and retain the money. Patterson v. Lawrence, 90 Ill. 174; p. 22.

A husband and his adult son went together to an undertaker and together ordered a coffin and carriages for the funeral of the wife and mother. Nothing was said as to who was to be charged. Held, that the husband was liable. Sears v. Giddy, 41 Mich. 590; p. 168.

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MASTER AND SERVANT. - An action will lie in favor of one employee against a co-employee for physical injury caused to the former by the latter's negligence in the same undertaking. Hinds v. Overacker, 66 Ind. 547; p. 114.

MECHANICS' LIEN.- Under a Mechanics' Lien Act, giving a lien to any person who shall perform labor, etc., a supervising architect may enforce a lien. Stryker v. Cassidy, 76 N. Y. 50; p. 262.

MUNICIPAL CORPORATION.-A city charter pro

vided for the exercise by ordinance of the power to employ legal counsel for the assistance of the common council, etc. No such ordinance was passed, but the mayor employed attorneys to give an opinion regarding municipal matters, which was read at a meeting of the common council and acted on. Held, that the attorneys could not recover of the city for their services in giving the opinion. of Bryan v. Page, 51 Tex. 532; p. 637.

City

In the absence of statute a county is not liable for damage by failure to repair its public bridges. Wood v. Tipton County, 7 Baxt. 112; p. 561.

Defendant's charter authorized its officers to blow up any building on fire, or any other building which it might deem hazardous, and gave the owners a right to damages therefor. The officers, to arrest a fire, blew up a building, and by reason of the explosion the plaintiff's building on the opposite side of the street was shattered. Held, that he had no cause of action, although the injury was the natural and probable result of the explosion. People ex rel. Brisbane v. City of Buffalo, 76 N. Y. 558; p. 337.

A municipal corporation is not liable for damage caused by the accumulation of surface-water on city lots, when owing solely to the insufficient size of sewers, which are not defective in construction nor out of repair. Fair v. City of Philadelphia, 88 Penn. St. 309; p. 455.

The chief of police of a city is an officer of the State, and is not subject to removal by the mayor, and the mayor is liable in damages to him in a civil action for such removal. Burch v. Hardwicke, 30 Gratt. 24; p. 640.

NEGLIGENCE.—In an action against a railway company, by the owner of real estate adjoining the track, for the burning of his house by sparks from a locomotive, it being found that the fire was communicated by reason of a defective spark arrester, held, that the plaintiff might recover, although the sparks entered the house through an open window in an unoccupied room, the plaintiff not being aware of the defect in the locomotive. Louisville, New Albany & Chicago Ry. Co. v. Richardson, 66 Ind. 43; p. 94.

A locomotive engineer, killed by remaining upon his engine when a collision was imminent, and taking measures to stop his train, is not chargeable with contributory negligence as matter of law, although he might have escaped injury by leaving his post.

Cottrill v. Chicago, Milwaukee & St. Paul Ry. Co., 47 Wis. 634; p. 796.

A common seaman is bound to obey orders, and if he receives an injury in obeying an order manifestly perilous he is not chargeable with contributory negligence. Thompson v. Hermann, 47 Wis. 602; p. 784.

NEGOTIABLE INSTRUMENTS.- A notary, having no precise knowledge of an indorser's residence, but being informed that she resided at A., mailed notice of protest to her at that place in care of the maker. She resided midway between A. and G., but had got her letters at G. There was no post-office at A., but it was the duty of the postal agents in such

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cases to deliver letters at the nearest post-office, which was G. Held, that the notice was regular, although it never reached the indorser, and although she had changed her residence before the mailing. Central National Bank v. Adams, 11 S. C. 452; p. 495.

NUISANCE.-A livery-stable in a city is not necessarily a nuisance, and so where one has been burned down an injunction will not be granted against rebuilding and using it, but only against its use in a manner proved to have been a nuisance. Shiras v. Olinger, 50 Iowa, 571; p. 138.

REAL PROPERTY. A sale of ice, already formed in a pond, is a valid sale of personal property. Higgins v. Kusterer, 41 Mich. 318; p. 160.

SALE. In an action for the price of a billiard table it is no defense that it may be used for gambling, unless it was sold under a contract that it was so to be used; and knowledge of such intended use will not be inferred from the fact that it was accompanied by a pool set and rules for its use. Brunswick v. Valleau, 50 Iowa, 120; p. 119.

SCHOOL. A school teacher is not authorized to inflict excessive chastisement; nor to chastise except for a specific offense which the pupil understands; nor to chastise a pupil for refusing to study a branch from which his father had excused him. State v. Mizner, 50 Iowa, 145; p. 128. STATUTE. The statute of 21 Henry III, concerning leap-year, makes no provision as to how the 28th and 29th of February shall be counted in computing a number of days less than a year; the 29th of February is an independent day in such computations; and so service of a summons on the 25th of February, for a term commencing March 6th, is a valid ten days' notice. Helphenstine v. Vincennes National Bank, 65 Ind. 582; p. 86.

SURETY. A surety signed an appeal bond, and intrusted it to the principal on condition that it should also be signed by another whose name appeared in the body of the bond as a co-surety. The principal did not procure such additional signature, but erased that name and delivered the bond. Held, that the surety was not liable. Allen v. Marney, 65 Ind. 398; p. 73.

A bond was executed for the faithful performance of duty by an "assistant clerk" in a bank. He was employed as a messenger. Afterward he was promoted to the next higher clerkship, and still later to the position of book-keeper. In the last position he was stationed near the money-drawer, and from time to time abstracted money from it, and made false entries to conceal his crime. The last promotion was without the knowledge of his sureties on the bond. Held, that they were not liable for the embezzlement. Manufacturers' National Bank of Newark v. Dickerson, 12 Vroom, 448; p. 237.

TAXATION.-Stockholders in a moneyed corporation are liable to taxation on their shares, although the capital stock has also paid a tax. City of Memphis v. Ensley, 6 Baxt. 553; p. 532.

Under a statute exempting from taxation a lot of ground for the use of a private banking institution, the bank is not entitled to exemption of such parts

De

of the banking-house as are leased to others. Soto Bank v. City of Memphis, 6 Baxt. 415; p. 530. A tax warrant delivered to the collector before an execution delivered to the sheriff, but not levied until after levy under the execution, has priority over it. Evans v. Walsh, 12 Vroom, 281; p. 201.

The rights, franchises and interests of a street railway company, chartered by the Legislature and occupying a city street, by contract with the city, are liable to assessment for benefits in the widening of the street in which the track lies. Chicago City Railway Co. v. City of Chicago, 90 Ill. 573; p. 54.

TELEGRAPH COMPANY.-An impostor, at Cincinnati, sent a dispatch in the name of B. over defendant's telegraph line, to C., at Selma, Alabama, requesting C. to send a telegraphic money order to B., at Cincinnati; C. complied, and defendant paid the money to the impostor at Cincinnati; held, that defendant was not liable for the mistake in the absence of any suspicious circumstances. Western Union Telegraph Co. v. Meyer, 61 Ala. 158; p. 1. TRESPASS. Where the owner of a stone-quarry, by blasting with gunpowder, destroys the buildings of an adjoining land-owner, it is no defense to show that ordinary care was exercised in the manner in which the quarry was worked. City of Tiffin v. Mc Cormack, 34 Ohio St. 638; p. 408.

USURY. Usury cannot be pleaded by a second mortgagee in an action to foreclose a prior mortgage on the same premises. Ready v. Huebner, 46 Wis. 792; p. 749.

WATER-COURSE. – In an action by a lower against an upper riparian owner on a stream, for fouling the stream by means of a hog-yard, and depriving him of its use for domestic purposes, an instruction, that if the stream in its natural state was more useful to all the owners for stock purposes than for ordinary domestic uses, the upper owner had a right reasonably so to use it, in spite of the injury complained of, is correct. Hazeltine v. Case, 46 Wis. 391; p. 715. WILL.-A purchaser of lands in good faith from a devisee under a will admitted to probate gets good title, although the will is subsequently annulled as a forgery. Steele v. Renn, 50 Tex. 467; p. 605.

IN

LORD CHIEF JUSTICE COCKBURN.

N venturing an account of the life and public services of the late Lord Chief Justice Cockburn, it may with truth be said that he was the architect of his own fortune. Although of a good and ancient family he was but a cadet of a collateral branch of it, and probably was originally destined for some more humble sphere and one perhaps affording less scope for the gratification of ambition than that which he subsequently embraced with such success. We opine that, because, judging from the date at which he graduated at Trinity Hall, Cambridge, he must have entered college somewhat later than the average age. Although of a sociable disposition and somewhat given to conviviality, which at that period was much cultivated at the Universities, he never lost sight of the main object of an academical career. Like his contemporary at the same college, Edward Lytton Bulwer, he was successful in his competition for University prizes, and

graduated the first in the law tripos of his year. This secured him a Fellowship which, wo believe, he held for upwards of twenty years. Having been called to the bar the year of his graduation, he was enabled, by the aid of his Fellowship and the prestige thus acquired, to supply the deficiency of private fortune, which at that period was considered almost an inseparable adjunct to that patient waiting for the first brief destined to distinguish or extinguish the aspirant for forensic fame. For twelve years Mr. Cockburn enjoyed considerable success as a junior, principally on the Western circuit, and some causes célèbres in which he distinguished himself won for him a silk gown at the age of 39. His finances, hitherto not very flourishing, received shortly afterward a most welcome relief during the railway mania which lasted some years, in one of which alone he realized £20,000, and at the age of 45 he entered Parliament for Southampton, of which borough he was recorder. He thus made a great pecuniary sacrifice, as he could no longer practice before Parliamentary committees, the tribunals charged with the investigation of those competing schemes, apparently an inexhaustible mine of wealth to the legal profession. A happy speech, in what is known as the Don Pacifico debate in the House of Commons, in which the principle of protection to a British subject wherever resident against an unjust invasion of his personal liberty and rights was involved, so strengthened the existing government of Lord Palmerston that Mr. Cockburn, its author, received the appointment of Solicitor-General, only to be further promoted upon the first vacancy to that of Attorney-General. These offices he held for five years, with an intermission of but nine months, when, upon the death of Sir Nicholas Tyndal, he was elevated to the bench as Lord Chief Justice of the Court of Common Pleas. He however for a time regretted his acceptance of judicial office, and publicly stated as much in a subsequent visit to his former constituency of Southampton. His further promotion as Chief Justice of the Court of Queen's Bench, after a three years' tenure of the chiefship of the Common Pleas, appears to have reconciled him to the change from the bustle and excitement of political and forensic life to the more placid and sedate duties pertaining to his dignified exaltation. He soon proved himself to be facile princeps, although some of his associate judges were men not only of mark but of great judicial experience. He was nevertheless primus inter pares.

This latter office he held for twenty-one years, and occupied the judicial bench altogether twenty-four years, a longer period than any judge since, or perhaps, even before Lord Eldon.* When at the bar Mr. Cockburn was engaged on some remarkable trialsthat, for instance, of Palmer, a medical practitioner, who poisoned a sporting friend. Much toxicological knowledge was displayed by Attorney-General Cockburn in conducting the prosecution to a conviction. In the case of McNaughton, who shot and killed Mr. Drummond, private secretary to the premier Sir Robert Peel, whom McNaughton mistook for the prime minister, Mr. Cockburn, who defended the prisoner, obtained an acquittal on the ground of insanity, but so novel and refined were the subtle indicia of insanity as propounded and elaborated in the masterly defense of his client, that the House of Lords thought it right to lay down some clear definitions for the future, and thereupon submitted certain queries to the judges on the subject of what amount and description of insanity should excuse a person from the penalties which would otherwise attach to crime. The answers of the judges were embodied in resolutions which have ever since been acted on as a guide to juries, and form an invalu

* Lord Justice Bramwell was raised to the bench in the same year as Lord Chief Justice Cockburn.-ED. ALB. L. J.

able aid to the ruling of judges in summing up the evidence in such cases. These resolutions of the House of Lords are to be found in extenso in Mr. H. Wightman's work on "The laws relating to the Medical Profession." Another celebrated case, in which Mr. Cockburn appeared, was that of the Townshend Peerage case before the House of Lords, which consisted of a tacit claim of a person born in wedlock, but proved, nevertheless, to be illegitimate through impossibility of access on the part of his alleged father, to the Marquisate of Townshend. The case took the form of a bill for perpetuating testimony, the husband and wife being both alive, though living apart, and neither of them deposing personally on the occasion. In fact, it was a case resting entirely on circumstantial evidence which might have been confuted by the evidence of the lady, who, as was said by Lord Brougham, could not be cross-examined to bastardize her own issue, yet she refused to take the stand in favor of her own son although he at least was an innocent party to the fraud. Upon the marchioness declining to appear as a witness on behalf of her son, Mr. Cockburn, his counsel, took the manly course of assuring their lordships that his client had no desire to seek a false position, remarking that "titles without honor were indeed but empty baubles."

The tedious and patient investigation of the Tichborne case, together with the humorous and elaborate summing up by the late chief justice, are comparatively fresh in the memory of the legal profession. Never, perhaps, was a judge's temper more tried by counsel than on that occasion, but as both parties have now gone to their account, we gladly subscribe "De mortuis nil nisi bonum." Suffice it to say that Sir Alexander Cockburn had been one of Dr. Keneally's best friends at a time when the latter was somewhat under a cloud, and the pain that he must have experienced at the personal attacks made upon him in his judicial capacity, was well nigh past human endurance or forbear

ance.

The conduct of Sir Alexander Cockburn when acting in the capacity of British Commissioner or Arbitrator in the Geneva Arbitration, has been severely commented on, notably by Mr. Caleb Cushing, but the existing fact that the sum awarded on that occasion in favor of the claims of the United States, exceeded by some millions of dollars the proofs subsequently admitted, so that a large surplus remains still unaccounted for, may perhaps be received now that animosities are hushed in the silence of the tomb, as some extenuation of a protest that doubtless was made honestly and patriotically even though ill-judged and without avail. As, however, this consideration trenches on the delicate domain of international susceptibilities, we gladly pass on to the only remaining topic, viz.: that the late chief justice was never honored with a peerage usually deemed the ultima thule of judicial ambition. That Sir Alexander Cockburn might have been elevated to the House of Lords and have even been promoted to an earldom, there is little doubt. The House itself would have heartily welcomed both his judicial and statesmanlike qualities as invaluable additions to its prestige, and doubtless his wishes had been consulted by every liberal minority. Whatever, if any, were his private reasons for either declining or not seeking the usual honor, we believe public duty was paramount to all. Had he been summoned to the House of Lords he would have felt it a duty to take part in its judicial proceedings. This would have interfered with that undivided attention which the judiciary transition, under the new judicatory system, which has been on trial for some time in England, demanded especially at the hands of the chief justice of England. His hands were already full. That the Queen was desirous of showing her personal appreciation, was evidenced by her conferring upon him the grand cross of the order of the Bath-an honor, we

believe, without precedent. As baronet, the ninth or tenth of his line, though succeeding to the dignity late in life, a modern peerage could have added little lustre. He had achieved the position for which he was so well fitted, and was content to labor in his vocation remembering the injunction, "Whatever thine hand findeth to do, do it with thy might." As there is no pleasure without its alloy, so there is no career, however brilliant, that is not chequered by some disappointment. After having been a Fellow of his college for perhaps nearly twenty years, he became a candidate, upon a vacancy arising, for the Mastership or Presidency. To his chagrin he lost the election, and the college lost an opportunity of adding to the roll of eminent jurists who had for centuries presided over the great law college of Cambridge University. Upon subsequently resigning his Fellowship they, however, made the only amends in their power by electing him an honorary Fellow, and we believe, in creating one or more law studentships, at his suggestion, out of the proceeds of the Fellowship thus vacated for that purpose. We may mention, in passing, that among the eminent men connected with this college (Trinity Hall) with whom the chief justice was more or less associated, were the late Sir Herbert Jenner, the well-known ecclesiastical judge (the Master), Professor Sir James Stephen, K. C. B., the father of Sir James Fitzjames Stephen, K. C. S. I., now one of the judges of the Court of Queen's Bench, and Mr. Leslie Stephen, the author, a Fellow and one time tutor of the college; and Sir H. Sumner Maine, K. C. S. I., a Fellow and regius professor of civil law, and Sir John Dodson, Queen's advocate. We can therefore well understand the annoyance experienced by Sir Alexander at his defeat, as before mentioned. Certain moral peccadilloes were alleged to be the cause of the untoward result, but with the private and domestic life of the chief justice we feel we are not at liberty to deal. Such, however, has been severely commented upon in some of the public prints, otherwise we should not have alluded to it. Honi soit qui mal y pense, is the motto we adopt. One thing is certain. He was a good father and never allowed his indiscretions to be visited upon his children. Legitimate or illegitimate he treated them as the former-they were received into society and were the solace of his declining years- and now that he is gone the secret of their birth has died with him. He was a great and in many respects a good man. A firm friend and an impartial judge - peace be to his ashes and honor to his memory. It may be added that the subject of our sketch was a man of varied accomplishments, a keen sportsman, a skillful yachtsman, a society man of the best type, dividing his leisure hours between a contemplation of the muses and the ratiocination which accompanies a study of the abstruse and exact sciences, Euclid being one of his favorite subjects of mental recreation; and yet he could find time to contribute to the periodicals of the day, his last effort in that respect being entitled "A History of the Chase," in which he exhibits much archaic, classical, and sylvan lore. The subject was to have been continued but for the inevitable hour that awaits all aspirations. "The paths of glory lead but to the grave." The perseverance with which for forty years the chief justice strove to obtain the release from prison of a man as he believed erroneously convicted of murder and sentenced to imprisonment for life, is a trait in his character betokening at once benevolence and innate love of justice; for he had no personal interest to serve, neither was he at any time engaged professionally in the case. He simply was present at the trial as a member of the bar was satisfied of the man's innocence, and never rested till, we believe, only last year his perseverance was crowned with successs.

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NEW YORK, Nov. 30, 1880.

HUGH WEIGHTMAN.

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