The New York herald., 1850-06-29

CrRIosrrIEs AND UNCERTAINTIES OF THE Law
UNDER Tire New CopE.-When David Graham,
the learned jurist, and others, undertook to
give to this State new code of laws, which was
TO aside all uncertainty in legal opinions and de-
cisons, we imsgined that we had made of the
most valuable discoveries in legal gas-lightng
which the world ever saw almost equal to that
which Philosopher Paine is about to exhibit at the
Astor House, one of these evenings, TO the aston
ishment of all the gas companies of New York,
and the wonder of the " rest of mankind" Before
the promugation of that wonderful code, the law
of libel, applied to newspapers, was uncertain in
some points but since the new code went into
operation, and Judges have been elected by mix
ture of respectable and rowdy votes at the polls
believe that the laws of all kinds have been more
uncertain, more contradictory, and more impossible
to get at than they were at any previous time
Let us illustrate A few weeks ago Judge Camp
bell, one of the most learned men the bench, de-
cided that Mr.. Watson Webb, proprietor of the
Courier and Enquirer, and United States Minister
at Austria, had committed libel, for a simple pub
lication of correct report of certain transactions
and examinations in the police offices. A few days
after this decision, the same enlightened judge and
jurist gave his opinion, that statement published
being police report-a simple statement, imputing
fraud or dishonesty to Mr.. Gordon Bennett of the
Neso York Herald, on certain old transactions grow
ing out Of note which was paid by him, without
any consideration having been received by Mr..
Bennett-the same judge declared, that such di-
rect publication, although untrue, was libel at
all, but just and proper. Several similar decisions
have also been made rather contradictory in their
nature, by another distinguished member of the
bench-we mean Judge Oakley; but these we will
examine with more accuracy and precision here
after.
This, however, is only one branch of our juris-
prudence, which has become more complicated,
and more uncertain, since the publication of the
wonderful code of law for the State of New York.
Another branch-that in reference to the rules and
laws Of evidence-appears to be equally evanes-
cent, equally contradictory, and "very like
whale"
Let us illustrate. 1t is generally we'll known,
that the indictment and trial of old Drury, of As
toria, on the charge of sending, or carrying, the
torpedo to Warmers house, were founded on GER
tain alledged admissions, extracted from old Drury,
as you would extract teeth, by two famous stool
pigeon tooth-pulers, One-Eyed Thompson and
Bristol Bill, and in the hearing of certain police
officers, shut up in closet, under the superinten-
dence of George Wilkes, thus exhibiting of the
most original plans of getting evidence that ever
was concocted in this community BY the advice
Of John Graham, another step was taken. The
Governor of New York, on the application of
Warner and Wilkes, authorized David Graham.
one Of the codihers, to act as Assistant Attorney,
probably because Warner and Wilkes, 30 deeply
interested in the torpedo business had not suifi-
cent confidence in the law intelligence or energy
of Mr.. Mckeon. Mr.. Graham accordingly acted
under the name of assistant, but really in the
capacity of chief, and centended throughout all
these trials, that the stool-pigeon, too,h-pulling
evidence against Drury, furnished on that OCCASION
was sufficient TO indct and convict him. But the
jury happened TO think otherwise, and disagree
Judge Osborne, on the other side, made exactly
contrary legal decision, although the admissions
of One-Eyed Thompson duplicating him in the
crime, and not Drury, and testified TO by several
witnesses, were not liable to the imputatioa OF
being stool-piReon, tooth-pulling extractions.
Here we have a different issue in the legal
Character OF evidence, ia tiIe svioiu. vria;oas
OF Justice Osborne and David Graham one Of the
prime codifiers of New York. Such uncertainty,
such contradictions, such differences in opinions
among judges, lawyers, and codihers, are nearly as
perplexing to the public at large the Rochester
knockings, or the wonderful gas philosophy of
Paine and it is high time that some plan be
adopted on which the law and the law administra-
tors could be reformed, and made positive, so that
every one nigh, know how TO act, aud conduct
himself accordingly The Rochester female
knockers, before a committee Of ladies, have been
stripped to the naked truth. Philosopher Paine is
preparing to be stripped to the same point-and it
will be time, one Of these days, that the Code
should be put into a cold shower bath, TO give it
some character and certainty.