The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-04
General Sessions
Before Recorder Tallmadge Judge Lynch and Aldermen
Underwood and Martin.


Underwood and Martin
TUESDAY JAN. 3.The January term OF the Court com.
menced its session this morning. Aldermen Underwood
and Martin took their seats upon the bench accordance
with the decision of the Court OF Errors the result
OF which declares the law creating the appointment OF
Judge Lynch unconstitutional.
The calender for the term consists OF the following new
Arson in the first degree2 robbery in the first
stolen goods false pretences malicious trespass l.
Total 25 Previously convicted previously indicted 3d.
abandoning wife basterdy 8; witnesses 3-Total 49,
The following gentlemen were then sworn as Grand
Jurors james Brown, foreman-William Browning,
Dunham Zenas HYDE, John g. Hull James X Hamilton,
Arthur Harrison George Lovet Benjamin Loder Joseph
NJ. Marsh Abraham Quackenbush, jeremiah Skidmore,
Edwin Townsend and John Van Buskirk.-Total IL.
The Recorder then delivered the following charge to
the Grand Jury
GENTLEMEN THE GRAND JURY There is perhaps, no
subject connected with the government Of this city that
earnestly engrosses the attention oil the public and
especially the phanhropist, than the administration OF
criminal Justice From the rapid increase of popua
ton and especially from the fact that this city is the resort
OF such large proportion of those who from abroad
violators of laws crime must necessarily in
To detect and punish offenders and more espe
callv to prevent the commission of crime is subject that
has deeply engrossed the attention of humane and benevo
lent citizens well as legislators To examine and as
the springs of the human heart to discover its
penses, and if evil TO apply the best means to control
and regulate them should surely be the study and the e
fort of the vruous and the good Adore ssng, as Inow
am the Grand Inquest of the County who take cogn.
zance of every description of offence committed
within the body of this county, from the highest
grade down 10 the most INFERIOR VlOlatlOn OIL law,
trust that the few remarks that ! propose to sub
NIT to you will not be deemed Inappropriate
It is remark not unrequeny made, OF late, and that
from high quarters that crime is greatly the in
in this city, and that attributable to the nef
cheney cupable negligence OF your Police Depart
ment the detention of offenders the lax admnisra
Of the criminal laws Of the State As TO the first sug
gestion, that crime greatly the increase in this city,
the statistics which possess do not at all justify
tain the correctness OF the remark. By recent report
made to the Common Council by interchangeable District
Attorney James r.. whiting Esq, it appears that the
uhoan umhpr nf mad the yanr
was 2952
That the number for the year 1895, 1890
Do For the year $780, 1851
Do For the year lS4l, was 2lI2
And for the year ls42 was 1908
Showing increase TO the year 1885, since which
there has been rapid and large dmnuton Of the number
complaints and consequently crime in this county &c.
in relation to convictions in this city the same satisfactory
result appears shown in the same report the convc
tons in 1880 being in the ratio of one 20 every 32l nhab
tants, while in 1910 the ratio was as oneto s45
In 1885, the Recognizances to answer were $3.50
In 1896 do do $3.50
since which time there has been annual diminution
their number and ls4O exhibits but 2763 and the year
Is4 the still dimshed number of 2I79 and for the year
1912 the whole number of recognizances returned was
tive diminishing condition Of crime in this city compared
with the reverse in England and France during
tSe BpIb Parliament by order of the secretarv 90 90
the Home Department, find that in 1884, the pro-
portion of commitments to the population in Eng
land, Gncluding their agricultural districts which
bear small proportion to the offenders in their large CT
ties) was el9 while in ls4l the proportion OF
573 and greater increase existed in w miles,
The increase in their population for the last 10 years has
been in the ratio of 44l0h per cent while the increase
of crime has been the ratio of % 6l0h per cent
similar result appears by the Report made by the Min
lister OF Justice in France to the King showing increase
in crime in his domnioDs in full proportion to the increase
population from the year 1885 to May, 1912. While
have, therefore, shown that the number of CON-
plants made during the year 1912 considerably less
than any of the preceding five years the number of
trials in both the General and Special Sessions have been
greater The greatest number Of trials both the Gen.
eral nd al
is4l, inclusive ll72 the number of trials in those
courts for the past year. Gsa2l was ,aoa exhibiting an
Of 40. This does not exhibit want OF efficiency or in
dustry the criminal administration OF in this city,
compared with previous years Of culpabe negligence
on the part of police department. in the detection of
msleacors. In this as in many other cases appears to
be much natural to for supposed Delinquent
cy than commend when the effects great energy and
positively realized. do not mean TO
address you as me apoogs. o, ,ns pomee
icrcd,ed would tend greatly TO diminish the eicencyand
usefulness Of this important branch oil your city govern
ment In ing with into the very full reports
made the English and French Governments for the last
years of the extent OF crime and Of the causes and
preventyes TO its commission, have been forcibly i'm
pressed with the belief that two great operate
strongly than any other to the prevention OF crime
the one of which the certainty ofdetecton and conyic
ton Of the offender and the other is the improvement in
the moral and intellectual condition Of our CITIZENS Upon
the first branch Of causes and in illustration oil my views
remark that the effect Of recent enocments IN England
aboshng capital punishmens applicable to various Of
fences and substituting punshmens oil less severity has
tions for the minds Of jury revolt and unwillingly
convict in where their verdict is to be visited by
sentence aforementioned to the offence charged. The
magnitude of the recent changes in the criminal laws OF
England will be strongly cxemphed Says the report TO
which have before reerred) when is stated that had
the offences tried in lsi been tried under the laws 1891
the eighty capital sentences which passed last year
would have been increased to AHA; and in the single
case of rape in reference TO the change made
It's punishment, that in the three years 1885, and y
when 1t punished with death, the numbers convicted
49, acquitted 1885, little than conviction
Ia N and al during which the |
law had ceased to make it capital offence, the numbers
convicted amounted TO 81 acquitted 100 and the proper
ton raised 20 conviction to and it10th acquals
and the effect discovered in other cases where
the severity OF the punishment was greatly ameliorated
And the result Says the Secretary OF Stae) has shown
that during the last year in the majority othe offences for
which capital pnnhments have been repealed there was
in the offences amounting to about 4olOth per
cent. Indeed, might refer to experience IN our oTn
country and inquire how many have escaped punish
ment the humanity of jury has protected the OF
fender believing that the punishment consequent upon
their finding dproporonste to the ohence OF whee
Doubts which existed in many cases, would nave been
dspated had the punishment for the alleged offences
upon This certainty oil convic