The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-27

DER Scorr-THK LAW OF BAM.-Those who re-
collect the administration of criminal justice in
this city, previous to the adoption of the new con-
stitution, and the introduction of the ballot box for
the appointment Of our judges, will not soon forget
the odlum which attached to it for series of
years, IN relation to the matter of taking and CIV
ing bail, and particularly In connection with
tam system of bailing which was known as ''straw
bail" Since the great popular revolution took
place in the State of New York, which ended in
the formation Of the constitution, the Legisa-
ture has been efiectng to greater or less extent,
similar changes In the laws, and giving homo
geneousness to the institutions which have since
been erected. During the session OF 1916, very
important law was enacted In reference to the ad-
ministration of terminal justice, and particularly to
the mode of giving bail or committing prisoners
on criminal charges brought before any commit
ling magistrate. In that law we find the following
sectlon:-
No officer, other than the committing magistrate,
shsil let to bail any person charged with oTimns!
person shall have been given to the district attorney
Of the city and county of New York Ct least two days
officer the time and place when and where such ap-
plication will be made, and the names and resi-
asnSe OF 70, PROPOSED pau S%c Inc .S
have been presented to the officer to whom the spp
cation for bail is made. The persons having the
custody Of such commitment and proofs, shall when
required in writing, produce the same before the
officer last mentioDed.-Session Low Of 1876, page
408, section 8, chop 302
We also find the following clause condensed
from 2 Revised Statutes, part A, chap 2, title 2-
1t is made the absolute duty Of the magistrate be-
fore whom the prisoner brought nrst to Examine
complainant in the presence Of the prisoner under
OATH and all other witnesses that might appear against
.v~A thav1 Una he nntpv AoR
OATH and all the witnesses In his defence under OATH
after which, it shall appear offence has been COM
may them and bot before then let the
bail ANY bond taken for the appearance of the pri
not in conformity with the law above recited 10
Chapter End, Title End.
Now in taking these clauses of the laws in ope
ration together, and applying them to certain
reported in police intelligence, to-day, il
appears that Recorder Scott, in baIling two per-
sons by the name of Martin, charged with
grand larceny, and arrested on warrant issued
by Justice Lothrop, has by no means conformed
to them, as they are laid down the statute book
of this State. The two women, Martins, were ar
Tested on the charge of grand larceny, and brought
before Justice Lothrop Bail was offered, but 1t
was deemed insufficient by the Justice, and they
were accordingly committed to prison for fur
tlicT cXdIHludtlOu. n lew dltCE luio udu
been done, 1t seems recorder Scott, on the ap-
pcation OF counsel admitted the prisoners to bail,
without giving the legal notice for the application
of such baling to the District Attorney, or COM
munlcating IN any manner with the committing
Justice, is plainly and clearly prescribed by the
law of 1876, which was enacted 10 set aside the old
system of straw bail, and the loose administration
OF criminal justice In these matters.
We have thus stated the facts and the law; and
we think 1t necessary and proper for Recorder
Scott, IN some clear and candid method, to ex-
plain his very extraordinary conduct in this par.
ticular case, while he still remains the bench
In this city. On the opening of the session for
the ensuing term, Recorder Scott has already in
innate that he will bring before the Grand Jury
the recent alleged illegal conduct of Mr. Acker,
refusing him (Scot) and the District Attorney,
to see certain convicts confined on Blackwels
Island. In the uprightness OF Judge, and In con-
sonance with his long established character for
and honesty, we do expect that Re
corder Scott, standing up on the bench, will bring
the conduct of Recorder Scott, sitting down in his
chambers, deciding on the bail in the Martins
case, also before the Grand Jury, along side with
that of Jacob Acker Will he do so!