The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-01
Administration OF Justice.
To the Netc York Delegation at A[banv-

To the Ntc York Delegation at Albany
1t is sui icenty apparent that unless something is
speedily done to correct the gress abuses and cor
rupt practlces, connected with our criminal trlbu-
nails IT VIII be lar better to abolish them altogether
We are now practically in the same condition as
the people OF England during the reign of King
John, when sums OF money were paid openly for
expedninS,, delaying, ,suspendng and preventing
justice. lhose who have made themselves ia
miar with the facts as they are constantly trans
pirlng, know that what is here alleged is true, and
the public would scarcely credit relation which
might easily be given of Ike vast number of cases
OF highly criminal character which have been
Struggled and managed through the meshes of JUS
tce. IL has come TO be undenlably true that the
burglar, logger, and others, arrested for the COM
mission OF crime, can escape with perfect impuni-
ty, and II may be said with equal certainty under
the present system, IT he only has sufficient money,
and the old criminal ID well aware that his fate
is sealed if he is caught without it.
The object OF this communication is to show how
and by what means this Is effected, and, secondly,
to point out such alterations in the present laws
Will at least reach the root OF the evil--and
to call upon you,as representing the interests of this
city IN the Legislature, to act upon the subject in
accordance with the exgency OF the
And first, as to the facts When a notorious or
other criminal is arrested and committed to prison,
he procures counsel and makes an immediate and
prompt arrangement to be balled out. He agrees TO
pay certain sum to procure or buy bail; and there
is Le difficulty IN finding bail neutrality-suspicious. who
make it their business to become bail as long as
paid certain per centage. The writ OF habeas
corpus Is then resorted tothe prisoner is taken be-
fore Judge-the bail master takes the required
oath OF JustltcatiOn-and the prisoner Is dscharg-
cd and, mater OF course, that is the last that
is heard OF HIM, unless he happens to be arrested
upon another crime. The case then goes before
the Grand Jury, a bill is found, and when called on
for arraignment and trial, the bail is forfeited. The
Court sometimes orders the bond to be put suit;
and, if so, it ends generally bill of costs to the
county, as the bail is found to be what is known
81 halls Co. IL
unfrequcntly happens that the matter is adjusted
at the District Attorneys office, by payment of the
costs, he being well satisfied that nothing can be
recovered.
1t is true that this mode of escaping Justice is not
new. Such cases not unfrequenty occur in Eng
land. But it cannot be doubted that 1t may and
could be generally prevented but at present it is
well understood safety valve for old rOgues, as well
as fresh ones, who find out when they arrest
ed and committed, and operates in fact preml-
um for crime.
The whole operation may be traced to the power
and influence of money, its possession and applca-
ton; and not untrequently the very money obtain
ed by tbs crime tor which the arrest Is made,
is thus applied to facilitate escape from the pun
ishment due to it, and the punishment tor the COM
mission of which Is thus reduced to lottery or
game OF chance, IN which the perpetrator has the
best chance.
The process and fundamentally by which this effect
ed is by the application of habeas corpus which in it.
self is writ OF right, and which in criminal cases should
be denied to the and most degraded ndi
being the Legality
of the imprisonment that if the committing magistrate
has erred the prisoner may be discharged may also
be used in cases OF excessive bail with view to its reduc
ton but this the peoples writ Of right virtually de
MED to the prisoner who has not the Of paying the
expenses is of avail to him unless he pay the
fees perquses to the Judge the keeper and the under
keeper OF the City Prison, who receive from SO to $40
the operation is therefore, used principally for the pur
pose of bell or in other words means to facilitate the
escape of the criminal and is therefore fertile source of
profit an6advanage to the Office hoderr Application is
seldom made to- the committing magistrate who fixes the
nj hail fhnnOh fhA XItens hp
lively rng he not being entitled to any perquisite III
the Now what is the practical operation OF all thsl
First has been the fees and expenses prevent the
Legitimate application Of this writ to the prisoner without
the to pay these fees and he mnst suffer illegal i'm
prsonment Secondly its tendency to render the judge
parsiea in the character of the bail offered Facts
Justify this cchclson may be easily determined by the
the Of Sessions is true the points
qualities of the ball. and, far the'leter OF the
law concerned Justification required as to his being
| householder and worth double the amount and
above his liabilities debts lie may be required TO state
his residence occupation and in what his property
sss All the Judge probably eseems it his duty to do
swear him to those statements and then discharge the
prisoner is however, well known that the salaries
Judges insignificant compared with their chamber
fees al perquses office, it follows that the latter
the most important to their interest the honor of holding
station compromising for the iomer and as the fees in
of habeas corpus vary from SO to So the question
naturally presents se whether interest does not darken
his vision There other relations also, in which this
influence may be felt Third in of forfeited recogni-
Suit may be ordered by the court and such suit
in the Supreme Court by the District Attor
probably to judgment in most 1t not set
tied by the payment OF the Cash. perhaps in nine out
of ten nothing obained and the county a. the people,
saded with the costs which into the pocket OF
the District Attorney, and is an important item in his Of
fee The amount which has been charged to the county
these would astonish the uniniormed who have
not examined the matter The District Attorney not
for this he performs his duty with ntegri
y since if the judges WILL without consulting him, take
straw bail he is not censurabe when ordered to
cute, but it makes the Office to familiar expression,
a fat one.
not therefore, to be supposed that these evils will
be corrected by the parties who reap advantage from
them and hence the greater necessity for remedy by
Legislative enactment And, having pointed out a few
among the many abuses connected with our criminal
courts, will cndeavor to point out the remedy.
Frst1he writ OF Habeas Corpus being writ OF right,
all fees should be abolished and it should be made the
duty of the judge to allow the writ and decide upon the
when the prisoner is brought before him. without
charge, being part OF his official duty Nor should
the keeper Of the City Prison be allowed to charge his
fees any person having the prisoner in custody much
less the under keeper other officer for taking the pr
before the Judge All these people receive salaries
from the people II these Inadequate for the duties OF
the Office increase tbem but let the door be eectually
closed against all extortions in the shape of fees
II is sound principle to abolish all these fees and per.
qustes which the main sources of all that is corrupt
in Judiciary, whether civil criminal and it is
ac' INA, Wne the pIns o"e ps
at the time wink at the fees and perquses Of office
which they aware amply compensate for the def
cencythe latter amounting to three four times the
amount OF the former in other words Judge who gets
salary OF from fifteen to twenty hundred dollars per
annum realizes in chamber business from four to eight
thousand dollars in the shape of fees-and the
with other and minor offices all which has d.
rect tendency to corruption, extortion, Sc.
Second, In all cases Of forfeited recognzances bail
adopt the practice in Englandwhich that upon such
forfeiture, Judgment and execution follow, without suit
and instead OF placing the recognzances in the hands OF
the District Attorney and nvolv the county in useless
expenses let them be sent to the Sheriff. who forthwith
execution and M property is found levies upon it,
the party then obtain stayif for cause-and the
levy abdes the result In the foregoing two essential OBJ
ecs gained-6rst you withdraw oil inducements, in
the shape of fees, for taking insufficient bail
and second you the Of the prisoner in
most cases
Third-Let the Judges be furnished with keep list
alphabetically arranged of the Names residence and pro-
pey bail and haveinoce of all foreitures SO that in
MI cases. when is unsettled such parties be again
taken.
Fourth-That II be made the duty of the District Ator
ney regular calendar of all every court
to be published the day preceding their trial that other
tried that day. except by consent of the prisoner
that all partics have notice. This will project the pr