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triumph in the seventeenth. And if perils await it in the twentieth century, let us not fold our hands and say, "Who are we that we should stem the tide?"

LORD RUSSELL'S BIOGRAPHY.

The late Lord Chief Justice of England deserved well of a biographer, and he has met with his deserts. Mr. Barry O'Brien's Life of Lord Russell, of Killowen, is one of the most fascinating biographies which has of late years been issued to the public. In externals it is all that could be desired; one volume of only 400 pages, light to handle, and printed in a large bold type, it offers every facility for digestion to even the tired or short-sighted reader. And the substance needs no help from these externals; the style is racy, picturesque, brilliant, by turns playful, serious and savage, bringing out in strong relief all the lights and shades of that strange and versatile character; at once high-minded and short-tempered, strong-willed and affectionate, a paragon of industry and a boy in recklessness, a violent advocate and a just judge, a 'devotee of the card-table and the racecourse, but withal a deeply religious man, playing a notable part on many stages, but dominated throughout by two overmastering motives-justice to Catholics and justice to Ireland.

mainly in the Court of Passage, occupying himself also as a pamphleteer and journalist. In the former capacity he wrote on "The Catholic in the Work| house;" in the latter he regularly wrote the London letter for Mr. A. M. Sullivan's Irish paper, the Morning News, and also contributed to the Weekly Register, and once to the Dublin Review. In the latter he reviewed the Irish secretaryship (1807-9) of the Duke of Wellington, then Sir A. Wellesley, in a But he soon became too busy very impartial manner. for such occupations, which were not indeed to his taste, for he was not by inclination a reader or a writer, but a speaker and an actor. Once indeed he afterwards fell into the same work, but that was as a practical politician, when, to help forward the land legislation of Mr. Gladstone, he spent a vacation in Ireland writing letters to the Daily Telegraph which

were afterwards republished in his well-known little book under the title of "New Views on Ireland."

Mr. Barry O'Brien admits to the full that Russell, like Parnell, cared little for general reading. As a boy he learned by heart much fine poetry, which he could effectively recite; and as a man he could always read and digest thoroughly any book which for any purpose, legal or political, he had to study. But he found no recreation or delight in reading, still less in serious intellectual reading. Yet we are told that he always carried about with him on his journeys in his handbag two books Thomas à Kempis' "Imitation of Christ," and Locke "On the Human Understanding." The first is natural enough; but the second is unintelligible for a non-reading man. We cannot help suspecting that the writer has made a mistake, and that it was not the philosophical chef d'œuvre on the human understanding which he carried, but Locke's smaller essay, "On the Conduct of the Understanding," which is a gem of simple, condensed wisdom, and would well correspond in intellectual literature to the "Imitation of Christ" in religious literature; being, in fact, a vade mecum with which every layman, and a fortiori every lawyer, and above all, every judge, should be familiar. We may be mistaken, but the alternative is hardly credible. It is as if he should be said to carry a copy of the Digest in his waistcoat pocket.

From the days when, in 1854, he first appeared as a solicitor advocate before the petty sessions in County Antrim defending the Catholic peasants at Cushendall from charges of assault upon so-called "Protestant days," to the days when, in 1889, he attained his highest achievement as an advocate before the Parnell commission, we find the same earnest motives, the same persuasive methods adapted to the same ends under similar circumstances. To fight an, apparently hopeless cause, which he believed to be right, in the face of an adverse public opinion, which he believed to be wrong, seemed always to raise him to a nervous tension which developed all his finest qualities; and he strained every effort, not only to clear his clients, but to convince his adversaries. The two cases, separated by an interval of thirty-five years, form a remarkable parallel, and both stories are here told with great effect. Sir James Hannen's comment on the latter is given in fac-simile, and There is one other strange error in the book. Mr. runs "Dear Russell,-A great speech worthy of a O'Brien is obviously unread in some archæological great occasion. Yours, J. H." So in one of the matters which have recently made some sensation. Antrim cases we find his Protestant adversary solici- | In the chapter on genealogy (which he admits would tor congratulating Russell and calling for three have made the chief impatient) he attempts to concheers for his client, a Catholic priest. nect his hero with the Dukes of Bedford though common Norman ancestors, the De Rozels, who

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When Russell, on the advice of two eminent Protestants and the girl he was to marry, decided to came over" as usual and went with Strongbow to abandon his position in Ireland and try his fortunes at Ireland. Now Mr. Horace Round has completely the English bar, be started with one great advantage, smashed the claims of the Bedford Russels to have he came with introductions which insured some sort any connection with the De Rozels, and has traced of success to a reasonably competent man. He the imposture to a cooked genealogy of the Caroline never had reason to despair, and never did despair, period. Lord Russell, of Killowen, may have a betof his future. But that he turned this opportunity to ter claim to descend from the De Rozels; but we ob"glorious gain" was his own individual achievement. serve that, with the light heart of the amateur geneLiving in London, he began work at Liverpool, alogist, Mr. O'Brien skips a century and a quarter

with the phrase "passing over his immediate descendants;" in any case the connection with the Bedford Russells would be not proven.

New Rooms at Newmarket. We are able to share his simple and affectionate family life no less than the whirl of political excitement or a game of pitch and toss in his chambers.

These are, however, very trifling blots upon a work which is without doubt a work of art in literary porBy the side of this, for these reasons, other exceltraiture. Here is told, as well as it could be told, lent one-volume biographies seem to pale. Leslie the story of his life- how he dominated the North- Stephen's lives of Sir James Stephen or of Fawcett ern Circuit in spite of his irritable temper, so that become dull, Cunningham's life of Lord Bowen inan attempted boycott of him by angry solicitors help- effective, Tom Hughes' life of Bishop Fraser priglessly broke down; and this at a time when, outside gish. If they may be compared to portraits by Lawthe bar, people were yet asking in London "Who rence, Richmond, or even Millais, this is a Remis Charles Russell?" how as attorney-general he brandt or Velasquez. Some may perhaps prefer that dominated the bar in London, and then the constitu- the tones should be softened, and the contrasts encies, and then the Parnell commission, and then diminished, by at any rate a lightening of the shades. the Behring sea arbitrational tribunal, and then the We would not alter one touch of this delicate and American public. Lastly, how on the bench he mas-effective brush, about which there is nothing sordid tered first himself and then the courts, and the or morbid, but all is trenchant and sympathetic. We Jameson prosecution, and then the Venezuelan arbi- have abstained from extracts; we would encourage tration tribunal; until in the few years he was on perusal. And if anyone should be inclined to be the bench he seemed to be universally accepted as the pharisaical in his criticism, let us adapt for him the most painstaking, considerate and just of judges, words of the greatest artist poet of the nineteenth and to have set up a new standard of industry, up- century, written upon another brilliant but erratic rightness and dignity, which if he had lived, must genius: have had far-reaching and important effects.

Mr. O'Brien has been singularly fortunate in his materials and opportunities for this work. It was seventeen years ago that he made up his mind that Russell's life would be worth writing; and for all those years, and even more, he has kept a watchful eye on his hero and enjoyed his intimacy. This is all the more remarkable because, on a first introduction some years before, he was indignantly repelled by the hard, offhand manner. A common friend, Patrick M'Mahon, was the peacemaker, and the death of the latter brought the other two together by a bond of common sympathy. And during all Russell's political career he looked largely to O'Brien for his detailed information on Irish history and political questions, and notably on the occasion of the great speech before the Parnell commission. So there was a close personal and political intimacy between biographer and hero. And both were Irish the one a man of action of that strong and mixed and tempestuous character which all Irishmen love because it makes a striking picture; the other a man of literature, with all the brightness and wit and artistic feeling and fearlessness, not only to appreciate the character, but also to catch all the lights and shades and paint it clearly and strongly. If there is nothing set down in malice, so there is nothing kept back through favor. If Russell electrifies the court by addressing a respectable solicitor with "Damn you, sir, sit down!" the words and the effect are reproduced; no less than, if on his deathbed he performs an act of contrition, the words and effect are set down. In his appeals to the highest human motives in favor of international arbitration at Saratoga, the artist is in full sympathy with him, no less than in his lawlessness in knocking down a porter in order to catch a train, or in his courage in enforcing an ample apology through the club from an insolent aristocratic member of the

The strife and mixture in his soul are ours;
His glory and his genius are his own.
Solicitors' Journal.

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DEATH OF JUSTICE MCADAM.

Justice David McAdam, of the New York Supreme Court, died on December 22, IÇOI, at Dr. W. T. Bull's private sanitarium, following an operation for cancer of the tongue. Throughout his life Justice McAdam had been known as a hard worker. Last June the trouble with his tongue began to manifest itself, but, although he was not assigned to duty for the months of July and August, he sat through both months in Special Term for other judges. Early in December he sat in the Appellate Division. A little more than two weeks ago the doctors told him that the operation must be performed at once and asked him to submit to it. He said that he had duties to the public which must be performed first. He then set about his tasks and completing all the cases before him handed in his last decision on Friday a week ago. At the same time he put all his personal affairs in order, finishing up everything that was pending, and then he said he was ready for the operation, going under the operators' knife on the third day following the completion of his last legal decision.

David McAdam was born in New York of Scotch parents in 1838. His father, a tailor by trade, was a native of Glasgow. He attended the public schools of the city until he was ten years old, when he entered the law office of F. F. Marbury. He became Mr. Marbury's managing clerk when seventeen years old, and four years later, in 1859, he was admitted to the bar. Early in his career he took an interest in politics, and in 1871 he was elected a justice

of the Marine Court, now the City Court. He was re-elected twice, in 1879 and 1885. In 1883 he was elected chief justice of the court by his associates. It was mainly through his efforts that the jurisdiction of the court was enlarged and the name changed. In 1890 he was elected judge of the Superior Court, and in 1896 he became a justice of the Supreme Court through the consolidation under the new Constitution. He had been recognized as one of the hardest working justices on the Supreme Court bench, being noted for the rapidity with which he was able to dispose of cases. A large proportion of the cases which he had to decide were divorce cases, and many instances are told of his having smoothed out matrimonial tangles for persons who thought they wanted to be separated.

As an author of standard works on legal subjects, Justice McAdam was well known. Among his works

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had no effect on the prior will (Goodright v. Glazier, 4 Ban. 2512). The ecclesiastical courts, however, inclined to a different doctrine, holding that the question of revival depended wholly on the intention of the testator manifested in the destruction of the later will (Usticke v. Bawden, 2 Add. Ecc. 116, 125). The Wills Act, in 1837, may be said to have settled the law in England that there can be no revival without a republication (Major v. Williams, 3 Curt. Ecc. 432). But in America, where the Statute of Frauds is more generally adopted, and where the influence of the ecclesiastical courts has been strong, the decisions are arrayed on different sides of the question (Woerner on Administrations, sec. 52). In a recent Vermont case a testator made a second will inconsistent with his first one, though containing no express clause of revocation. He destroyed the second, later declaring to his son that he wanted the first to stand. On a careful review of the authorities, the court holds that the first will is revived, laying down the rule that no presumption arises from the mere act of destruction, but that the revival depends upon the intention of the testator (In re Gould's Will, 47 Atl. Rep. 1082). As to the question of presumption there is a hopeless conflict of authority. In some States mere destruction raises a presumption of revival (Colvin v. Warford, 20 Md. 357); while in others the destruction ipso facto does not revive the prior will (Pickens v. Davis, 134 Mass. 252). It is to be noted in the principal case that the second will was merely an implied revocation, and contained no express revocatory clause. A distinction has sometimes been taken on this ground, a revival being held possible In politics he always was a Democrat, and was in the former case, while impossible without a reelected to the positions he occupied as a candidate publication in the latter (Cheever v. North, 106 on the Tammany ticket. In 1879, when he ran for Mich. 390; Scott v. Fink, 45 Mich. 241). The disjustice of the Marine Court for the second time, he tinction, however, it would seem, is untenable, as in was the only candidate on the Tammany ticket who general an inconsistent subsequent will has the was elected, his plurality being 15,000. He was a same effect as one containing an express revocatory member of Naval Lodge, F. and A. M., Union Chap- clause. On principle also, whether the revocation ter of Royal Arch Masons; York Commandery, An- be express or implied, the mere destruction of the cient Order of United Workmen, and of the Bar revoking will should raise a presumption of intesAssociation, Democratic Club, Caledonian Club, New tacy. If, as some courts maintain, a subsequent will York Press Club, Twilight Club, Liederkranz, revokes absolutely a prior will, it necessarily folAuthors' Society and Society of Medical Juris-lows that there can be no revival without a repubprudence. He was also one of the original stock-lication. On the other hand, if according to the holders of the Law Institute. A widow and four

McAdam on Landlord and Tenant," McAdam on the Stillwell Act," "McAdam's Marine Court Practice" and "McAdam on Names." At the time of his death he had in preparation a work on Negligence as Affecting the Relation of Landlord and Tenant." He was the author of several important legislative enactments, among them being the act which prevents landlords dispossessing monthly tenants in the city of New York without giving five days' previous notice of their intention to pursue the summary remedy; the Code provision authorizing courts to discharge debtors detained in civil process, who were unable to endure the imprisonment, and the Code provision authorizing courts to grant new trials in cases in which the complaint was wrongfully dismissed at the trial.

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- Thomas, Edward G., Clarence and Davidsurvive Justice McAdam.

REVIVAL OF PRIOR WILL BY REVOCATION
OF ONE SUBSEQUENT IN DATE.

early English law the mere destruction animo revocandi of the second will leaves the prior will unaffected, it follows that the prior will must stand, even in cases where the testator may have intended to die intestate. Both these views tend to an undesirable result in not giving effect to the intent of the testator, and a via media accordingly is to be There is much confusion in the law as to the sought. The solution of the problem lies in a careexact effect of the destruction of a revoking will. ful study of the act of revocation of the second will. The English common law, before the Wills Act The second will has two effects; it makes new pro(1 Vict., ch. 26, sec. 22), was based on the theory visions in regard to the property, and it conditionthat all wills were ambulatory until the death of ally revokes the prior will. When the second will is the testator, and that consequently a revocatory destroyed animo revocandi, the new provisions obwill, revoked by the testator during his lifetime, viously are revoked, but it would seem that the

revocation need not be considered as revoked unless the testator so intended. In other words, whether the destruction animo revocandi of the second will revokes the revocation contained in that will is a question of intent. It would seem, therefore, that the result reached in the principal case is correct. The court states, however, that the mere act of destruction raises no presumption one way or the other. As the burden of proving the will is on the proponents, this appears in effect to be saying that there is a presumption of intestacy. The proponents have to show that the revocation has been revoked, and in order to do this they must prove, as has been suggested, some fact other than the mere destruction of the second will animo revocandi. Harvard Law Review.

JURY DECISIONS BY ODD METHODS.

The deliberations of juries after the door of the jury-room has been closed are not always of that calm and dignified character accredited to them by popular opinion, says the Washington Times. Only on the rarest occasions does anything of what goes on in the jury-room become a matter of actual public knowledge, for the average juryman is as mum as an oyster about the cases which he had been called upon to decide, but there are occasional leakages from the jury-room, calculated to shake the faith of the most conservative in the institution of the "twelve good men and true."

On this order was a recent damage suit in an Indiana towns, where the jury was called upon to decide whether the plaintiff was entitled to damages for injuries alleged to be due to the negligence of the city, a telephone company and an asphalt corporation. Apparently the jury was of average calibre. Like many other juries of all calibres, they couldn't agree. After they had been out fortyeight hours the status of opinion was seven to five in favor of the plaintiff. Some eight hours later one of the seven changed his mind and the jury stood evenly divided at six to six. There was every prospect of an indefinitely prolonged deadlock, when one of the pro-plaintiff jurors had a brilliant idea. "We'll never do any business this way," he said. "Let's get a pack of cards and play for it, the losers to accept the decision of the winners."

As a sporting proposition, this met with instant favor. As a scheme for adjusting differences, it was hailed joyously. Seven-up was agreed upon as the form of arbitration. The jurors sent out for cards and divided up into three sets of two pairs each, the side which should win two out of three matches to be declared victor. Each side had won a game and the third quartet were just starting in when the officer who had been sent after the cards reported to the judge. A bailiff broke up the game and the jury was discharged without reaching an agreement.

evolved last spring to avoid the unpleasant consequences of an inability to agree. After being out for eight hours they reported to the court who told them to go back and deliberate further, as they would never be able to reach a common ground. The court told them to go back and deliberate some more. A night in the jury-room was in prospect. That wasn't to the taste of the jurors. One of their number evolved a plan. They notified the court they would hand in a sealed verdict. The "verdict" was duly handed in and the jurymen sent home. When court convened on the following morning the sealed envelope was opened, and, to the indignation of the judge, the "verdict' was found to be a statement that no agreement could be reached. Beautifully as the plan had worked, it had unpleasant consequences, for the judge hauled the jurymen up, and after severely lecturing them inflicted a considerable fine upon each and every man.

How Old Dan Sullivan got a verdict, alone and unaided, against eleven hostile jurors, is legal local history in the city of Troy. For many years there had been a conflict in that region between the farmers and the city folk, and this feeling never got so bitter as when either side was engaged in litigation.

The inevitable result of this condition of affairs

was that whenever a mixed jury was drawn there was trouble from the moment the key turned in the door of the jury-room. Disagreements always resulted, and there was just that much more expense to the county for a new trial of the action.

After a while some one who had something to do with the drawing of men for the juries saw to it that there was no more mixing. Despite this precaution, however, old Dan Sullivan, who was always having queer things happen to him, managed to get drawn on a jury to try a suit for $5,000 brought against the county by a farmer. The other eleven jurymen were countrymen and friends of the plaintiff. Old Dan didn't make the slightest pretense of discontent over his position; on the contrary, he was delighted and made no secret of the fact. evidence was all put in and the jury retired early in the afternoon.

The

The eleven countrymen talked the matter over and decided among themselves to give a verdict for the plaintiff, placing damages at $3,000. They didn't think it was worth while to consult Dan, but merely notified him of the decision they had come to, and said they would go through the formality of a ballot. Dan calmly wrote out a decision for the county on his blank, and when the result was made known the eleven countrymen were very much surprised. They gave Dan a line of stock arguments and warned him that they would keep him out all night, if he didn't yield. They took another ballot, but the result was the same. Old Dan puffed away at his cigar and smiled. He smiled his way through a dozen or more ballots and an array of threats that might have

That was a clever scheme which a Brooklyn jury haunted a less obstinate man.

On the trial the action of the dogs in regard to Moore and Dixon was testified to by a witness against the earnest protest of the defendant's counsel, who contended that the evidence was incompetent, as the tracks of the dogs trailed had never been identified as the defendants' or proved that they were made by them at the time of the larceny. The Supreme Court sustains this objection and orders a new trial for Moore and Dixon.

The court holds that the trailing of the men's tracks and the baying of them by bloodhounds, unless the tracks are otherwise identified or the men connected by other evidence with the theft, are insufficient to convict. The opinion goes on to say that in this case there is no evidence to connect the circumstance of the baying of the men with the making of tracks at the time the larceny was committed, nor is there any evidence that the dog scented any tracks made by the defendants.

At six P. M. the condition of affairs was made known to the court, who ordered the jury to stay out until it reached a verdict. Then the court went home and the jurors set about laboring with Dan. They told him that he was an old man and that the strain of a night in a jury-room might result in making him a sufferer for the rest of his life. Each and every one of the eleven countrymen declared dramatically that he would never recede from the position he had taken, and in other ways it was made clear to Dan that he would have to yield. After an hour or so of this kind of talk another ballot was taken. This time Dan took another position. He found for the plaintiff and fixed damages at six cents. The enraged eleven informed Dan that they wouldn't take another ballot until he asked for it, and the eleven disposed themselves comfortably around the room, satisfied that before long old age would tell and Dan would give in. At midnight the eleven began to get a little less determined. Two laid down on a bench, but they were too nervous to sleep in such quarters, so they sat up and swore. "Whenever ye come around to my way of thinkin' just let me know," remarked Dan, as the "It is a matter of common knowledge that there clock struck two. At three o'clock all eleven wer are many breeds of dogs endowed with special traits lying down and trying to sleep, but Dan even scorned and gifts peculiar to their respective kind-the his chair. At four o'clock two or three began to pointer and setter take instinctively to hunting birds; weaken, and at a few minutes after five o'clock, the hound to foxes, deer and rabbits, but we know of eleven hollow-eyed countrymen, very much subdued, came over to where Dan was standing and agreed if he would find again for the plaintiff, they would fix the damages at six cents. Dan, smilingly, accepted the proposition and the vote was taken.

Afterward the defeated jurymen learned that for ten years their fellow-juror had been a sufferer from insomnia, which rendered it utterly impossible for him to close his eyes in sleep from the time that the sun went down in the evening until it came up, again in the morning.

DOG LORE IN NORTH CAROLINA.

The North Carolina Supreme Court has decided its first dog case, and the dog lost, says the North Carolina Law Journal.

The question it was asked to pass on was whether a man can be convicted of theft on the uncorroborated testimony of a dog.

The opinion is written by Judge Cook, who, in the course of it, discourses quite learnedly on dogs. He says:

no breed which instinctively hunts mankind. Yet we do know that dogs are capable of running the tracks of human beings, as is frequently evidenced by the lost dog trailing his master's track long distances and through crowded streets, and finally overtaking him, which demonstrates the further fact that the dog's distinctive peculiarity exists between different persons which can be recognized and known by a dog. And it is a well-known fact that the bloodhound can be trained to run the tracks of strangers; and in this the training consists only in being taught to pursue the human track; the gifts or powers or instincts being already inherent in the animal he is induced to exercise them under the persuasive influence and protection of his trainer or master. Once trained in this pursuit, we must assume that his accuracy depends, not upon his training, but upon the degree of capacity bestowed upon him by nature. Experience and common observation show that among dogs of the full blood and full brothers or sisters, one or more may be

The court, through Justice Cook, gives a negative highly proficient, while others will be inefficient,

answer.

A store was robbed in Pitt county early last February. The thieves entered through a window and left a basket. Next day, after the robbery had been discovered, bloodhounds were secured from Kinston, allowed to smell the basket and the window and then started upon the trial. Finally they went up to Amos Moore and bayed him, and then to Ashley Dixon and bayed him. Thereupon they, with four other negroes, were arrested. Later one of the four turned State's evidence and implicated all the others.

unreliable and sometimes worthless; some may be acute to scent, while others will be dull to scent and incapable of running a 'cold' track. Then, again, we may find the most reliable and favorite hound taking the 'fresher' track which crosses his trail, or quitting the cold trail of a fox and following the 'hot' trail of a deer which he may strike. Likewise the pointer or setter may abandon a 'cold' trail of a covey of birds and follow a 'warmer' one upon which he may happen to run. Or the squirrel dog may leave the tree at which he has taken his stand and barked, and go to another, or quit en

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