The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-28

their having committed the crime. The
testimony was decisive. coroner's
inquest was held, and the verdict Of the jury,
strange to say, was unsuitable homicide" We
learn, however, that Notwithstanding this alb
surd verdict the District Attorney has held the
prisoners in custody, to await the action of the
Grand Jury. The case of De Corn is still more
recent-tried in this city before Judge Ed
wards. for what appeared to us, and, we venture
to say, to nine hundred and ninety.nine persons
out of every thousand. to be as clear q case OF
deliberate murder as ever was established
committed openly, before noon, in the presence
of witnesses whose testimony was not i'm
peached- the culprit himself in fact, admitting
that he perpetrated the bloody deed yet, by
some legal and judicial hocus pocus, verdict
Of manslaughter in the third degree was re-
turned, and the prisoner was only sentenced to
two years and ten months imprisonment
In yesterdays HERALD appeared report of a
case still more recent, in which colored man,
named Anderson, was tried at the Court ofOyer
and Terminer, before the same judge for the
murder Of John Brannagan. 1t was elected from
the testimony that the prisoner was one of a
gang Of black and white rowdies who had been
in the habit Of disturbing the neighborhood, and
assaulted the deceased without the slightest
proyocation, as he was walking quietly
through Laurens street. towards Canal one
Sunday night; knocking him down. and when
he attempted to fly, throwing stones at him,
from the effect of one Of which, striking him in
the temporal artery, he died in week after
Not only was the prisoner, who was nicknamed
Buck Eye, proved to be prominent in this gang,
but to have inflicted blow upon the deceased
knocking of his hat, of which he robbed him
giving 1t to another negro to take away
The District Attorney very properly con-
tended that this was case of murder,
or at least Of manslaughter in the first degree:
The learned Judge suggested that it was case
OF manslaughter in the fourth degree. The
jury, not having much confidence in their own
judgment, took the hint, and returned verdict
of manslaughter in the fourth degree; and the
convict was sentenced to two years imprs-
onment, less punishment than is frequently
inflicted for theft. To very many Of our
readers this will seem an extraordinary
~
have been either very different one, or
verdict of acquittal; and they will feel,
each man for himself. that his life is no
longer safe in passing through the streets if
such expositions Of the law of murder ana man
slaughter be permitted to prevail The truth is
that jurors, for the most part, are not sufficiently
independent To save themselves the trouble Of
nh To ~ a..
bility that attaches to them, they are too ready
to be guided in their decision in whatever way
Judge may think proper to lead them; and
in numerous cases to which we might refer
Judges have given such direction to the
minds OF jury men, in reference not merely to
the law, but the facts. that the institution of
trial by jury would seem to be almost mock
cry, or at best but an idle form, which might be
readily dispensed with, without the slightest
deriment to the administration of justice
We boast Of the superiority OF our laws, and
of the protection afforded by them to all classes
ofcitizens, Would such crime, we ask as that
committed by Anderson and others be allowed to
take place in the streets of London or Paris
Would such gang of rowJies be permitted to
exist for moment. without being broken up by
the police: Could any one Of the gang escape
from the hands OF the officers Of justice? Aud
if the criminals wore brought to trial for
such an offence, would any Judge in the land
be found TO suggest TO the Jury that it was
o case OF mansiaughtcr in the very lowest
degree? or if any Judge did so, could jury
be iolnd who would obey such dictaton
against their own better judgment? The iuse-
curity Of human life in New York has become
proycrbial, and it is q grave question with
many whether it is not practically as bal to
live under the despo.sm of fclonious rabbe
as the tyranny OF an autocrat
Cur police, with d few exceptions, arc the
worst in the world. II is notorious fact that
they ere seldom in the way when crimes arc
and when they see them By acct
dent. they arc very likely to slsalk away and
avoid all danger and difficulty. II q bank or
some wealthy individual has lost large sum Of
money, they viii probably get hold oft, because
they calculate upon handsome reward. But
where they know they cannot make anything
cxtia--anything beyond their salary-thcrc is
'tbt ONO III ~ VI tHciH Will 9tYp ul4NScIi
The least concern about the lives or limbs OF The
citizens who pay them for protection. We per-
ceivc that their pay is increased Of lite. We
don't find That it has contributed very mec. to
Increase their vigilance.
The whole evil lies in 4 nutshell it is The
accursed system u politics that prevails at
primary elections aud thence spreads lis rami-
-. t,o 81, 81.
al the root and tbe poison tree vii! fall.