The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-30
Criminal Justice In New Yorkshire Laws
Dciny-Its Remedy.

The delay which attends trials in this city, has
called forth public attention to courts Of crimi-
nal jurisdiction. Under the present system OF
laws, when a cume is committed, the time Of all
parties who have any knowledge Of the facts is
continually wasted in attending before the magis-
tmte-the grand jury--and lastly. before the court
which tries the indictment. We have in New
York, the Court OF oyer and Terminer and the
courts at General and Special Sessions, for the trial
Of criminal charges In the last named tribunal
rbuui sixteen hundred cases have been tired, and
in The other two courts nearly five hundred, during
the past year. Yet many now remain undsposed
of-many parties escape, from want oil time on the
part Of the grand Jures and the courts, hear the
cases.
Every frequenter Of our courts must have noticed
how many means are in the hands Of a prisoner TO
postpone and delay TRIAL. Ia the AstOr Place
riots, days were wasted in challenging Jurors. Any
man who had heard or read anything vi the trans
action, or Of one Of the most conspicuous Of the
prisoners, was challenged. Reading and writing
were considered great disqualications for juror,
by the prisoner counsel. Objections were made
TO testimony, and 10 the Indictment, which could
ne, in the least affect the guilt or innocence OF
the accused, and discussions upon these points
sumed much time in being heard. AID lastly,
the lawyers delivered speeches for several days.
The consequenoe,o oil this was, that tn uia lasted
weeks; whereas it might. nay. should, have been
finished in a day or two at most. Bat before a
cause If brought to trial. who has not observed the
ailida,,is to POSTPONE the ,ual IN the absence o.
witnesses or OF counsel, and for commissions 10
California aud Canton These are no, ell the OBJ
stacles in the way Of justice After ria there .
,f n
Judge who never heard the case, orders the prisoner
% be release on bail, or stops the Sheriff from
taking him to the State prison and the whole
case is carried before the Supreme Court, where
delay again Is granted to the prisoner
twill be argued that this is all necessary for the
protection Of innocence Il r. not. These are
only means for the gully to escape. The most
complete justice TO an accused, II innocent, is
speedy Iial-if rich, that he may be exonerated
from the odium Of suspicion if poor, and without
means Of bail. that he may gain his liberty and his
reppiaticn. Justice ought TO be 80 managed ihlt
the rich and the poor should be equally treated.
Under our present system, the rich rogue alone
can carry on the war against public law and order.
The po,ery.stucken peutlarceny wretch is cast
into prison in the twinklng Of an eye.
remedy must be provided somewhere, and
he Legislature should interfere. This ndiscrm-
nate chal, neing Of jurors should be checked by a
Law declaring that il the court be satisfied by the
jurors oath. that Notwithstanding what he may
have heard or read. he would deliver verdict sac.
cordrg to the evidence" and if he had no settled
opinion against the accused, he should be admit
ted as Juror. No delay Of the sentence should
be allowed, unless the Judge and the District At
torney certify that there was such doubt in the
case as would warrant Its being reviewed by the
Supreme Court
When prisoner applies for commission, he
should be compelled to set forth what he expects to
prove by ME witneeses, 50 that the court may be