Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-08-13


PERSONAL RIsHrs.-On Saturday afternoon mos
cowardly and cruel act was permitted BY the guard
ans Of the public peace to be perpetrated under to'
very bench Of Court Of Justice and under Inc eyes
Of the magistrates.
The circumstances, as we were lniSln'ea arc az
follow A boy, aged about 10 years. was taken up
on the preceding evening for disorderiy conduc' III
the street. and confined all night IN the watch Rouse
In the course of the next day the uncle OF the Boy
named Kelly, came to the office and balled HIM cut
Upon receiving an order for his discharge, the uncle
accompanied BY another Irshman, took the boy from
his cell, and dragged him into the prison yard, where
the former beat him about the head and face with his
fist until the blood ran stream upon the pavement
His cries were heard in the Court of Sessions, and
several ndvidualsran out ascertain the cause, and
informed officer Merritt Of the outrage who prompt
y repaired s the spot to arrest the offender Before
he got there however, Mr.. Coggcswel the keeper OF
the prison. had taken the prisoner into custody, and
brought him before Justice Lownds, TO whom he
made complaint Of the outrage
Very much to the asonishment of every body, Mr..
Lowndcs not emily refused to take the complaint but
stated that Mr.. Kelly, the boys guardian, had a
right Correct HIM often as he thought proper.
We happened to be present at a trial in the Court
of Sessions about the middle Of June last in which
Judge Norris with all Difference say it. to the pro-
found eruditien of Justice Lownds, thought proper
to Law down the law differently. TWAS in the case
the People vs.. Thomas Lippincot. The defendant
was tried for beating apprentice under his protec-
ton. The Recorder charged the jury upon that &c
easion as follows:
"If child is put by his parent in the custody of
another while he remains in such custody he is SUBJ
jec to all the reasonable and proper corrections which
parent would bes,sw upon him. Neither parent
nor master, however, has right to infict punish
ment with .fst nor in an improper manner even
with the open hand, nor IN any other manner cacu-
lated to do serious injury Another rule OF law Is,
that if the parent master of the child had inflicted
improper punishment previously, any -stander up
on seeing him about to repeat such chastsement, IS
not only justified to interfere to prevent it. but is his
duty as a citizen to do so.'
Upon what principle of law, humanity or justice, Mr.
Lownds was governed in refusing to take this COM
plaint, we leave him TO explain. Why he refused to
take The complaint Of the keeper, backed as he was
by some half dozen respectable citizens who witness
ed the outrage difficult for US to determine, unless
il was because the prisoner Kelly had on new sat-
in vest, and the boy was poor friendless orphan.
We hold it to be the duty of every magistrate, to
listen arcntvey 10 every complaint laid before ha.
They are well paid-nay, overpald-for the service
thus required and the magistrate who refuses TO hear
we'll founded complaint, (and he is bound tobeeve
il ell-founded when made by unimpeachable citi-
zens upon their eaths should be dismissed forthwith
from the o:.:ce he holds so unworthy, and be COM
peed 10 get his bread at other occupation more
adapted to his abilities. We have come to fine
pass indeed if individuals TO be thrust into prison
upon fng and frivolous pretexts, and are permitted
10 be taken from their cells at mid day by every ruff
fan that wills and that too by the sanction of the
Police magistrates, and beaten numerically in the
very hearing and under the eyes Of the court and
that when humanity prompts an observer OF such
unlawful conduct to interfere in behalf OF the op
pressed, tina, his complaint shall be disregarded
What would Justice Lownds have done, had he
detected an overgrown, two-f listed Irishman beabor-
inc son or nephew Of his in the court OF the pri-
son-the boy crying for mercy-5esecching 10 be
heard in his defence, and the pavement around him
stained with his biood2
We think there are 100 many - Mr. BUNDLES" and
d gentlemen in the white vest around the Halls Of
Jus,ce and the sooner the corporation clears them
all out the better. In appointing men 10 control the
important affairs of our police, we should endeavor
10 se,ec, men who are capable Of controlling their
own passions.