The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-15

Keen. Superfn tendent of tho WOrkhouss
o. Blnckweus Island, and II. vandcrvoort,
Clerk or the Court or sesslons-CrimanaI
Statistics for tho Last Ton Years.
The Legislative Pc ice Committee brought their Iabors
to close yesterday, after an investigation of ten or
eleven days during which they have brought before
public large amount Of valuable information In regard
the abuses existing criminal jurisdiction. All
the members of the committee present The first
witness examined Recorder Talmadge who testi.
lied as follows
MT; stuyvesant-Y0u are ex-Recorder Of the city Of
New York;
A. appointed by the Governor in $780, and served
five years. aud was afterwards elected and
years more.
O. Do you know of any abuses existing in criminal
Jurisdiction A. There suggestions might make In
regard to the administration justice; would aude
to onethe present constitution and Organization OF the
Special Sessions because there the trial OF ali INSIDE
neanofs are held and the organization Is very deecive
that court at consists Of the City Judge sud Re-
corder, who usually sit Tuesdays and Frdays while
there Recorder, have disposed Of from so to
ITO cases Of morning, between and II o'clock; the
business Of that must be done with great haste
and but very little time, therefoe is given the ex.
animation of cases. the present mode Of proceeding is
the morning before the magistrate, the complainant ia
Obliged TO be there AID his evidence is reduced writ
ing-the magistrate commits the party the afi-
davit of the complainant, and the case goes to
the Special Sessions; in this way the pri.on is
allied with prisoners who IL exs mined at once
the prisoners are all kept together iii their trial TO the
gea expense Of the pubic, and the great Inconvenience
OF the alleged offenlers as many as five hundred sub
r9Dss sometimes issued in week, and the
painsns again compelled to attend; the remedy
propose for this is very simple the Special Sessions in
stead Of being held by the Recorder and City Judge
should he held by two police msgl tates, with compe
tent Judge the offenders should be brought before that
tribunal and the complaint tried at once; this would
bring about SPEEDY justice; 1t would also time to
compaioants hundreds OF offenders discharged be-
the oopainauts have not time to appear against
them this subjects the city to great expense
for the issue OF subpouas alone; sometimes q thou
sand offenders are kept in prison at the expense of
the ely 1t Is impossible for Judge to try sixty
think The law in relation to taking bail should be
amended SO that i could be taken for appearance,
necessary before hearing; of delay in the trial Of
cause nave occurred from The property clerk beiog
able TO produce the pfoperythe property st tie time
being in one OF the station honse Recorder and City
Judge should be employed only the discha ge Of
legal duties 1t my opinion hat the judiciary should
DeeAciuNey eIpos co 10 Juaicai BUSINESS we appoint
trg poser should be n&en from the Recorder and City
Judge think it should be entirely disc from
Judges who are engaged in the dispensaon Of criminal
Justice the Mayor shud he one OF the Commissioners.
Dir. Stuyveesnt-What Is your opinion in relation to
appointing policemen for lie? A. would appoint them
during good bebavior-tnat IT, always providing they
posegsed he mental sb and physical force necessary
for the peri rmance Of their duties; changes from po
cal causes Is wrong and preudicd TO the Police Depart
ment; found TO be efficient should be removed
for political reasons think it necessary to have
educated to the law for Police Just.css their Office
quite "a important for the pu lie veal that Of any
OTHER Judge, and sometimes more
Ex-Judge Phillips Of Marine Court, testified fol-
lows
q Do you know of any abuses existing in criminal u
rsdicsion in this city, A. My attention has been called
to the abuses existing in the OF parties arrested
process from othe States by requisl,ion fngives
from Justice case has occurred during the present
week where issued by Gov. Price, of New
Jersey for the Of charged with obtaining
goods under false retences in that State upon this
QUESTION Cover Carh issued for the
Of the accused he ares ed on that warrant which
called for lis de livery into the hands person named
in 1t; the prisoner tai the Seventeenth ward
station house by two officers; upon being sent tor
md rinus.
found tct hey intended to take him New Jersey on
~; told em they should do on their respons
blty th prisoner vas then removed TO the Mayors
oMce; atonned lie officer desired to raise obec-
lion al to the suficiency the face Of the
Office, and ! could not get in; told the OFF,
GERS to wait and they said they would no-that they
must take bin 70 New Jersey; saw tho Mayor after
wards and he said he bad right to interfere; he had
however given the police permisson to leave the city
whch was necessary before they could do So this
all he old, and this WAS all he could do
The witness here proceeded speak Of other matters
connected with criminal Jurisprudence when brief dis
cusson took as to the necessity OF any further es
ALI this, said Mr.. Hopkins have heard BEFORE and
We want TO have something
Mr.. Stuyvesant-rnese are TO benefit The community.
Dir. HoTkins-Au want are facts and the witness
only repeating the evidence Of Others.
TX. Judge Clark, who was already before the commit
tee allowed at bis request to make the follow
iug suggestions:-
Mt least i've years Standing and be elected on the gene
raj ticket. An Indifferent lawyer will better discharge
the duties Of the Office than any ayman possibly Gao
because the former has some knowledge of the subject
As justices are now elected iaymen, they are
entirely In the bands Of the clerks of police who by
their routine knowledge Of the Office the magis
tate VINO entirely subject thef opinion being him.
self cnt ely Ignorant OF the law.
g. In some particularly cases of false prstences
and other Of taudwaranta issued when there
ID probability from the papers of the accused being
convicted The object OF this is to procure settlement,
and II Is notorious that the magistrate in such
often recommends a settlement and discharges the &C
cused on it's beipg made. This il probably from
good motive that forcing the accused to do what Ia
morally right, but il is an abuse of justice.
a. Az matter Of discretion, magistrate ought not to
issue warrant at late hour OF the day, unless some
special emergency is shown by the applicant for It, In
charges of false pretnces warrants ordinarily asked
for at late hour to procure the confinement OF
the ACCUSED for the night
O. Wkenevera magistrate called on toissue warrant
Enere neither party reside in his district ne shoula
tor such application not icing made within the proper
district If magistrate within the district hns al
ready passed upon the magistrate applied to
shouid naue into the the decision before act
ing in the matter. This would avoid multiplicity OF
g. magistrate should be vested with summary power
to pass q assault and ba ery except Of very
aggravated description and to fin the offender leaving
the defendant where the fine exceeds ten dollars, to hts
appeal ,.,...,,on % .,,,,,,,, ;,s,,ce IN
the courts greatly pendent on the manner in which
the magistrate in the before him IL is all impor-
.nt 10 have properly trained and discreet persons 10
efSciate in the police courts.
sons against whom sufficient evidence does not exist to
atm less for offences where the facts proved do
DOT sustain the law applicable to the case; thus, Inn
mense trouble viii be saved the criminal courts In ex
pending the public time cases where 1t Is found often
consuming much time in the investigation of the charges
that either the does not sustain the case, or the
facts are insufficient 10 warrant the Application OF the
law.
Joseph Keen, superintendent Of the workhouse on
Blackwell's IsAnd, next examined. He said
From the LIST January last there have been 4,220
committed to the pentensy for intempersnce
prostitution and psuperrm about 600 of this number
we're scot 10 the workhouse; great many were dis
charged on hdtsus corpus before their term expired and
nave known hdt-ds corpus to arrive At the Tenisen-
tary before the party have known ihe case OF wo
of her husband who was a police officer and she was
recommtted months before her first term OF i'm
prisonmrnt expired the commitment stated that she
ss brought before the magistrate, when she could not
have en- prison at the time she did not
serve out the second have known several cases
Of vagrancy where person not dishonest some Of
"a Ind ma