The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-19


of an awful character.
We have very curious developments of the
White House to make in a few days. Wait pa
tiently.
ADMINISTRATION OF CRIMINAL JUsTIcE.-The
simultaneous occurrence in England and this coun-
try, of several remarkable criminal cases, and the
striking similarity in the judicial action respecting
them, have awakened very generally the keen at
tentlon of the public press The trials and acqut-
tails OF McNaughton, Mercer and Mckenzie, are
all pregnant illustrations of the same general fact
the growing and alarming laxity In the adminlstra-
ton OF criminal justice. Differing, it is true,
their minor details, and presenting individual pecu-
liarities OF distinctive interest and Importance, yet
they may all be ranged with propriety and justice
under the same category, as presenting the same
general result.
The acqutta of McNaughton has thoroughly
alarmed great portion of the public in Great Bri
tain; and the press, with great unanimity is expo
sing the dangerous consequences which are likely
10 result from the decision OF the jury in that case.
Since the trial of McNaughton, two individuals
have been apprehended who had threatened TO shoot
the Qaeen and Sir Robert Peel, and another was
caught parading Downing street nd Whitehall Gar
dens, with the same murderous intent The case
had become the subject Of investigation in Paria-
ment, and a very interesting discussion in which
Lords Lyndhurst, Brougham, Cottenham and Camp.
bell. took part, had taken place in the House of
Lords. Iii likely that some important legislative
action respecting the plea of in antv, and other
questions connected with the administration of
criminal Justice, will soon be taken by the British
Parliament
The same views which we expressed on the termj.
nation of the Mercer case have been taken bv
several Journalists throughout this country. and we
have reason to believe that the great mass of the in
telgence and sober common sense of the commu
nifty are disposed TO adopt the opinions thus ex.
pressed by the press.
Amongst the newspapers which have sounded the
alarm in the OF Mercer we find the Ne,c York
American, which published the other day the
following sensible and udiclous article, which
exactly comedies with the views taken by our
selves -
The PReoREss OF DEMoRALI1ATIoN.-We promised some
days ago to give hearing to subscriber who had adj
dressed us warmly and vigorously written cemmunica
ton this subject, but at his request has been
ed to him, only trust, to be remoleed into a more
general extended view than first presented and
which turned mainly on the Mercer Meantime,
his theme for own mainly to our concur
renee with him-and we would fain hope with most of
readersin uttering condemna OF the
result the trial The quiet and orderly people
of Gloucester county to have steadin of
their judgments entirely upon the OCCASION and judge
jury and spectators appear have had but purpose
that of ensring the acqual OF guilty under how
ever aggravated povocaon and could be greater
of deliberate homicide. OF this fact there
question: no serious pretence but that Mercer after hav.
sectually logged the steps Heberton some
days did finally track and shoot him, and this fact places
Judge Elmer in his charge the jury lest apparently
they should be too severe, that il is better "niney and
nine guilty should than innocent perish"
The dieum itself has always seemed to questionable,
but here had applicant whatever for IL is pre-.
tended that Mercer "innocent" The only point
as to the nature and extent of his guilt The homcid de
being too certsin--t was either usfable criminal
Innocence of the sct out of the question. Yet.
practically the jury. by their verdict, declared
him innocent, for although they might deem
him guilty Of murder, there killing in
the case, which they were hound to declare
20 be either manslauqhter or justihahTe homicide
But they absove him wholly. and the Court re-
prepared for the OF this ragedyno. only among
women and men OF the little country of Woodbury.
but IN the streets OF PHILADELPHIA mothers instinct
her this could not be right and she withdrew her
son from the gaze and sympathy of the unthinkng mul
ttude and conveyed him priv aely their residence
from the very boat which the alton
were received at the wharf BY immense of
for these heroes and they the father of the, youth who
ma Just stood the the scaold and his sci
grave men-walsed bareheaded through this crowd
receiving It's cheers and accompanied by such escort
traversed the public streets Of Philadelphia, till they
reached their lodgings, when three final cheers were
gwen them ere the 0consderate assemblage separated
Did Mr.. d. Vroom ask himself what such a reception
denoted, and what were its tendencies7 Mr. " is, we
have heard, religious Did he not shudder that |
night in communing with his heart at having been
even an unwilling actor in the days pagesnt7-the pa
gesnt Of absolved crime of robed in the
white garo OF innocence and greeted merorous and
well deservng Another incident during trial full
of meaning. Some female witnesses were subpenaed
from Philadelphia said 10 be OF loose character there
fore the mob ofWoodbury-or mob that is however COM
posed that de and defeats the law-drove them out of
the town without permitting them to appear the Court
House! And have seen this spplasded in some re-
spectacle journals Suppose these women to have been
what was assumed-shall thew, therefore he excluded
from testifying1 To the jury alone it belongs to de-
eide what weight shall he allowed such testimony
But bvstsnders spectators to nterpose ny force and
exclude the testimony altogether precedent utterly
suhversve Of rivbt and Justice We desire be
taken in hess an ms 'vrrsons as in any wise palsting
the enormy of'he dead mans crime or the
bly, nsoent diisp with which he treated the brother of
his victim, beforet the examining magistrate in PhadeI
ph th-n upon the spot Mercer hal put him 20 death
in hot blood and under singing inole able
suit the world sod TIE WORLDS law, and perhaps that
higher law 10 which all must finally answer would have
borne him out But TO extend the charitable inter prets
ton OF such act, done q sudda n, homicide
deh.ta'sly planned, pursued for DAYS, and finally
compshed with uneriing aim or t. invest witk the
cloak Of insanity series OF evncing calcu
lstion is utterly 20 unettle all just notions right and
wrong and expose society all the disorders and dan
gers OF unrestrained personal revenge
Whilst expressing our full appreciation Of the tone
and spirit in which the American denounces the de-
cison of the jury in the case of Mercer decision
palpably contrary 10 the evidence, we cannot re-
Train from exposing the singular inconsistency Of the
same paper IN defending the analogous decision of
the Court Martial in the case Of Commander Nc
henzle Why is il that that vrtuous Indignation,
which raises its voice so loudly in vIndieaton of the
supremacy OF the laws and utters its de-
nuncslons against the jury who released the often.
def In the one case, is entirely silent in the other
nay, lauds TO the skies the same regard N the
laws and evldence-the sam. browbeatins inau-
ence of friends!and partisans-which brousb, like
Immunity to the party accused The similarity of
the cases of Mckenzie and Mercer, is certainly
worthy OF remark In both cases it wac urged that
the accused parties were forced into the taking
away OF the life Of the individuals who fell by their
hands-in BOTH statements calculated to prejudice
the public mind were widely circulated on the part of