New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-21
We add the note from the District Attorney on Bail
OFEcE OF ras Dsrsicr ATTORNEY OF rsU

CRY sss CovSfY or SEw.Yosx
,n g, .n s Of & Az o 2 IL ea ss
and the Snes Of msseir.'es N ,,p aefvo Il VII % SAN
Sccond- Felopies not capital
tlGsr he GfT sssd by the q th. STAT there bas
three kds Of encss with Death sAnsly Tree
sps IS psSP % .ensr rue IN cher Of tAs. es sh.s
the e,d nee such comnlment hal should
be .sAa BY any sss judge 10 power I'D ether earn
except Supreme COu the Juc reoi ghe cOar OF
In lease. felony osl. and Of nsd. usanor,
the loee justices OF ' CITY nave power 70 ssn % BAL .as
rsn the Asste Dhtc, Justices have the power
oher wore, by the Laws Of S. chap g H. the sane
power sconed uron the seea Justices row knowa Police
J''ces which srIerap, 70 he Recorder OF Cy Judo bat .
poE.r not vested IN the justices nov SnoSa a D't
yEces aud this TO bail in al cases rAoe "a the Coan Of
she DUTY various in taking bail reqaesin it'et-
ee ecIN Aiien sns sound ga Jas n.hi =
The amount of bail and the character Of the 'u' wters
purely thin he control snd iscr ion OF the a'sstrse
man lsa and 40 os the magistrate damages,
ana ,d,use monla~ for nassa,e 70 aat bail
sHsSk chap Is sc 6 Mum a Walsh SO.
IN he sncun OF tell T. ea should be had TO the
re The character and prer the deinaln AID
the ceunssuee othe lt has be nwe ssl has westhy
Individual charged win Tenenisfy OF sse poH on use
vou6 forfeit his rscognizaree n ue am9un were not such =.
hSia az Arch cSm fls IVA. 10
recent the Court Of Qnssns Bench Eoss1 Ls~ Rep
Of The chase be nature the evidences support
y md the sS'' s Q, me s.e - Dsroi p.ss ss1
Co,T3se saws. that the pnucpe which parties
are cor pIson by uagss previous to trial for tho
the certainty Of their appearance 10 take their
"tria that the principle 20 ce adopted
an application for banng person committed 70 taAe his
"irsT The rccosnzanoe therefore, should b for such
IL CONDITIONS In Tsyloss leading IN this Sa
subject OF bail in capital % COwen 81 S5thrsnd
ne principal consideration whe her the nature OF the crime
"uch n recoguzGncc would to the
"aptearnce capital bail should De- allowed becase
pecunsay consideration weigh sgius he aud wher guilt
-" and rigorous aud dsgaceal punsnnent may blow
"for 9Th time, the presumption strong that tie
will appear and surrender binssl % syoe mer for
eue Of property The safest therefore, IN Of
felony where tho guilt OF the criminal 10 clear 70 deny hr
In M. People Lohman, q Bare Sup Court Rep ~, Jdss
Urboot The taxing bail that tho guilt othe
prisoner doubtful When the guilt Is dsprte oughot
be These principles just aud sount and Nd
difficulty Ia their application Allie - ao <s
bail when SLOWED IN determining tue amour
Nhen the magistrate has determined 20 bat special care shi
the character and responsibility OF the
rosrd bail he magistrate should be satshd y eorptsn PET
boh identity and responsibility Of the proposed ball III
uay the magistrate be should rquine proof
identity the oath ofme witness who known 20 the msxsiat
should rely the unsupported 0sth Of sasef
rho would perjury 10 swearing TO BIZ sncienc
heae falsely pesonae another and swear 70 hi
Identity
When Of the Identity Of the bell the question
should By those snaS rules Of discretion which would
sovefn private cspacify in determining the Of tho
private Involving pecuniasy los
himself regard thu all
his suceny and the OF property
have hastily together these suggestions they
attended with beneficial results the future adDuson
Of criminal justice In city. n. BOWDlfCH BLUNT,