Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-12

Suppose individual had, A. IN the case OF l own
send thrown vitriol, and there was proof that he
had deposited his clothes, stained with vitro! IN ths
hoase Of Mr. Piercs, would, or would not the Magis
trates have a right to take themt or, suppose !
waa was ksnwn to have a brace Of pistols marked
with his name-that he was charged with marder-
that there was proof Of his having He'd frsm the
scene OF murder, to the house OF Mr. Pierce, with
pstal in his hani-eould not this pistol be obtained
ifso how Not by search warrant, for that would
oaly lie to search for stolen goods. By subpoena
That migh be TOO late or Intellectual; for the per,
so, in whose house the murde rer took refuge, weua
no doubt be his friend; and even il the witness had
possession Of il, he would not voluntarily deliver
a. probably. suppose man arrested for passing
counterfeit money, and on his way TO the Police, he
should drop roll through grating into vault, and
the owner should refuse TO permit the magistrate to
go there for -couid it ever be obtained unless the
nagiatates have the power to search and mad IT! In
that case there could be search warrant issued
Or suppose he handed il to AN accomplice, who ran
OF with it, 10 his house, and locked himself up,
would not the officer. have right To follow and
search his honse2 If not the ends OF justice could
not be attained.
There is not one case in hundred in which the
convcton Of gangs of countereiters is not effected
bV suddea and unexpected searches of the rooms in
which their operations are carried on. What differ
ence is there between the blank notes, the paper
the printiDs materials in such case, and the pack
ace of papers in thisl None. Each is the evidence
ofcrime nomnalIy belonging to the party, but which
the people through their officers have right to
cure for the public good II such right exist the
fact is now first made known 1t has been exercised
for wears in cases of the greatest importance TO the
community, and without it, few gangs Of felons
could ever be broker up.
suppose a magistrate should receive information
that the Clerk OF the Sessions had few minutes be-
fore handed to convict the records Of the Court,
tdat public magistrate had given TO him all the
hibits 10 be used on his trial against hm-whst
power would exist IN such Gaze
This is not case of entering mans private
house to search for paper amongst his private pa.
peTs He had handed to third person a package
VIGOROUSLY containing part of the evidences Of his
having perpetrated felony viz: subsrnaion of per-
jury. In those papers be had as against the commu
nifty no property whatever, and the officers of the
community had right to take them. Pierce had
no right to detsn them, because in doing he was
offending the law. In the greatest couHterfeiting
the proof has always been obtained by search
Sag the apartments of the prisoner, not with war
rant, because search warrant would not lie, nor
under legal process because there is form OF pro-
cess yet provided for such case, and il must be one
OF the great discretionary powers lodged with pub
lie magistrate to be exercised only in of great
emergency.
There IS not term of this Court passes, at which
there not causes tried where the prisoner is
convicted upon testimony found upon his pc rsop or
at his house, at the house of his friend or
ca,e, which was obtained by the magistrates OFF,
GERS, and without warrants-and bjecton taken
for the obvious reason that the commjp law is so
well established in that matter that the most learn
ed in the profession and the most ignorant,
equally informed that the law not only gives the
.ht but that the duty of the magistrate and officers
require il to be done.
The reason why have so fully gone into the law
the grand jury might have also mbibed the i'm pres
sion that the papers were Illegally obtained, and
therefore, might not regard them as proper testi.
mony.
wish YOU ts know what is the law; that if thnse
papers are laid before you, you may know and feel
that they are evidence, and are TO be used.
The Recorder then alluded to the charge that he
had disregarded the seal Of the Supreme Court
writ Of replevin. He also explained the mode iu
which writs of rcpe vim were usually Obtained.
In this case, gentlemen, the papers sought to be
repisv;ned, in the custody of the law. 1t is
rule Of law that property in the custody Of the law,
cannot be taken out Of that custody by any
ofiaw. These papers were in this case evidence in
the case, and could not be given up.
Just consider what would be the consequent if
property in the custody ofIaw and essential evil
dence Of guilt could be replevined out Of that pos.
session would not every prisoner that had property
liz the possession Of the police, which was evidence
OF his guilt, get ont writ Of rspevin, obtain this
evidence, and destroy it,
After indictm Mt is found, all evidence Of guilt
goes into the possession Of the District Attorney.
That officer has plates for making counterfeit
bills, the bills themselves, the copies forged instru
ments and evidence of guilt against SEINE the most
expert law breakers in tn. land. What would be
the effect il writ or p.evin could have force in
such matters! Why the whole Of this testimony
wosld be replevined out of the custody Of the law
the criminals would be released for want Of testi-
mooy; they would commit the same crimes again;
again replevin tina evidence OF their guilt, and again
escape from justice; and thus the community would
be overrun with maefactors of all kinds.
For this reason, gentlemen, refused to give up
the papers TO the Sheriff on his writ Of repevin.
was willing to suffer arrest TO go PRISON. to give
bail 20 appear and answer any charges thereon in
short 20 do any thing that the law required but
woald not give mp those papers which were in the
custody Of the law.
One word more, and have done. We all know
that the Judges generally chosen from that party
which - the dominant party at the time fthe choice.
And the changes frequent and general enough TO
produce throssh the whole Of Judiciary from the
lowest 20 the hyhest about co AL ber of both
parties; giving to every grade chequered aspect.
Now, then, II II pc rmitted to go abroad that
adge - 10 be hunted down, and destroyed because
poiticalopponent happened TO come before him as
criminal, and he honestly did his duty-why what
a state Of things would be produced. Judge ofone
political bias could not try aculprit Of particular
political bias; and vica versa And when you
20 bench composed as this Is ofjudgcs, chosen from
both parties, who wouldn't try any at all, with
Out the charge Of corruption, produced BY poltica!
psrtizanship.
Why, il was but yesterday that a man came in
here, 10 know what done with his friend, who
had been Justly sentenced for outrageous assault
1oon peaceable citizens. He came down Broadway
with gang Of rufians, stopped a party, asked II
they were all q h, and not being wered, knocked
them down. For this he Justly sent 10 prison.
His friend learning his fate, cried ,ut here in this
sacred presence Of the Court, " D-R the political
judge." He was ordered away, and threatened
with punishment, II he repeated the offence IL may
be asked why he was let Off IL was because he had
had exam pie Of inselence and disrespsct TO the
Court set hin by intelligent men, who ksew better
thaa he did asd ] couldn't bring my self to punish
this ignorant man, who had been led do wrons by
the pernicioas example Of men laying claim to in
trihgence and responsibility; ard who ought to be
the first 20 set example or obedience TO the laws,
instead Of breaking them aud iasultng the mnste
OF astice.
The Recorder then briefly charged the Jury on
The usual topics. Mr.. Lynch made a fe W remarks,
and the Jury retired