The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-30

TON or CRIMINAL JUsTICE-The proposition to IN
siitute a. investigation into the administration Of
criminal justice IN this city, for the last two or three
years, Gets, we believe, with considerable favsr
IN various respectable legal and Official quarters
A difference OF opinion, however, exists TO the
best mode OF reaching the object in view. Some
think that q committee Of the Common Council,
invested with the power TO send for persons and
papers, would be quite sufficient TO bring to light
many abuses in the administration of justice, in
connection with grand juries and other parts Of our
criminal eystem A mere investigation, however,
if epdng herewith, will tend to no practical re-
suits, and have no permanent influence. II might
form the basis, provided facts were sufficiently
ascerained for presenting TO a court, which
might be called for that purpose, series of charges
| amounting to an Impeachment of those whose con-
duct might be found questionable and culpable.
Another mode of reaching the evil of the day might
| be found in the commencement OF movement,
starting from private individuals, and based posi-
tive acts OF oppression in the administration of JUS
tice. This form of procedure begins by present.
ing series Of charges, amounting to an impeach-
menf, before any judge having authority for the
purpose and should that judge concur in the view
taken Of the conduct represented, then county
court, composed Of the judges of the county, with
the aldermen of the city, might be assembled for
trying and determining the charges thus presented
Whatever action the indignant feelings of an
honest community may assume, there is no doubt
OF the existence of very questionable acts in the
recent administration of justice in the city and
county of New York. The plain and palpable fact
recently developed in the Court of Sessions, of
honest and unimpeachable citizen Of forty years
standing having been incarcerated in the dungeons
IT,, c,r ora.v
fcent to demands strict examination of the systems
and principles through which such an instance of
terrible oppression has been perpetrated among
free, just, and independent people. In the recent
trial Of James Arlington Bennett, in the Court of
Sessions, there was not only not the slightest evil
dence iRculpzting him in the charge of forgery
brought against him by indictment, but there was
an abundant evidence given on that trial, which
indicated that One-Eyed William II. Thompson
was the more probable individual through whose
agency both the forgery was perpetrated and the
anonymous letters were written, charging Mr..
Bennett not only with the forgery itself, but with
the intention to murder, by poison or otherwise.
Several witnesses swore that the handwriting of
the forged ne,e, as we'll as that of the anonymous
letters, resemblcd, and had strongly marked fea-
lures Of the handwriting of one-E yed Thompson.
force and clearness, by Horace +. Clarke, whose
exhibition Of talent on that trial was of the
highest ORDER and whose sense of right and
wrong is far higher than the usual level of hs
profession. Another curious fact shown in that
evidence, was the testimony that George Wilkes,
the editor Of the Police Gazette who had received
one of those anonymous letters, knew beforehand
that the Mayor had also received one On the same
subject All these facts, elected during the trial,
60 TO show conclusively the perfect innocence Of
Bennett OF the crime laid TO his charge, and the
highest presumption that both the forgery and the
anonymous letters, and the several circumstances
connected Herewith, were laid, planned and per-
petrated by others, and afterwards charged upon
Arlington Bennett, through the hasty or culpable
action Of grand jury.
Such are the broad facts laid bare on that trial. |
and on these facts, the petty jury, after short
sultaton, unanimously found Mr.. Bennett perfectly |
innocent. But Is ii not a shame that grand jury,
the mort important instrument Of public justice in
free country, should have been induced, under
any circumstances, or by any mode Of approach,
TO have brought in bill, to have indicted and in
icted, and been the cause Of nnicting six months
imprisonment on a peaceable and innocent czenf
II is this strange anomaly, this wonderful depar-
ture from justice, that has astonished the commu-
nifty, and justifies the hopes that msvemen, will
be made in the Corporation, or by any other auths-
ritative body, TO have these proceedings brought
before County Supreme Coun In proper way, !
in order that justice rasy be done to ell parties,
this city.
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