The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-04
L~w-PoEscs Masistza sss and their
Dudes.


Dudes.
10 TEE EDJrOR o. THE HmALp.
The Importance a. regards the pubic interest
Of the appointment Of . police magistrate Il
scarcely sufficiently appreciated; and thus but
little palma are taken BY the elective power in the
selection OF those vino are destined 10 become the
public servants IL that capacity.
II any Office come cted with the administrations Of
ius.ico dem.nds moro than another ct the hands Of
those appointed, psobsty, intelligence, zeal, dlsn-
terestedneas. smsnity Of temper, and rea sonabIe
knowledge OF the law, II i that o: poles pasgis.
trate; and when we come to consider the variety
and importance Of tho acts to DO performed by this
ministerial officer, and how closely those ssts touch
on, and should be guided by, the sams Views and
motives which dlrec. jadic!sl discretion, ws be-
come impressed with the magnitude Of the duties
dcyolvipg on the appointee, and the pre-erninent
necessity in this case at all events. Of electng "shs
right man 70 the right place."
II il net too much to assume, from q long and
careful view Of tho working Of our criminal systom,
that large portion Of those casen which occupy tbs
time Of our criminal courts, and result In the &C.
quittal Of the accused ought never to have passed
the threshold of the police office where they had
their frs. initiation. The public time and money
would be thus economical, the important duties Of
our criminal judges left to expand themselves upon
the lsgtms:e offsets of their care and the reputa
ton Of tie individuals accused untsintsd by the
painful progress of q trial to which they should
never have been ssbjectea, and from which, how
ever innocent they do not escape without. stain
the legal axiom that an no norabe scquittal com.
pletey reinatates the integrity Of the accused IN
publie opinion, psrtaking 0nhappily more Of legal
fiction than OF o practical roAhsy.
Our statute providing for the accused the benefit
Of an exanlination-an ineatnsole privilege
vixen properly exercised - completely guards
against the Inconvenience Of submitting an
innocent party charged with ~ Offences TO the Or
deal of Trial. This bene6cent law not Only &c
cures to the accused the benefit OF the cross-exs-
Mination and CONFORMATION by the Witnesses pro-
dpcsd against him, but also the privilege Of ex
amiring Witnesses on ha own behalf 1t has, In iac.,
Sl the elemen "a of trial save that the magistrate
cannot award the punishment, II convinced that an
offence LIS been committed, but naass send the
legged offender for T. ial 10 the proper tribunal.
AS the magistrate, by law, is only TO comraSs the
party charged with Sd offence for trial If be 10
6sfad that there is probable GAUGE to suppose such
party has committed it, II leaves nj n the exercise
OF large dis dictionary power, which, If used with
. proper knowledge Of his duties, and . tail and
conscientious impression OF their seri0usaeaH, can
soidcm fall to lad to result which, If adverss
to the prisoner, will % fully justified by petty
jury.
the p1wers Of the magistrate as coEfaet by this
statute simply to the confederation whether the
Witnesses fer the pr osecution make out priG tacie
OF probable cause against the prs Tha
in my opinion, undoubtedly intended that tho mn.
giAtrate should weigh and scrutinze the evidence
presented to him ca both Sides, and after applying
10 1t tho tests Of law applicable to the case, IL he
is satisfied that there a no probable Cause TO
poet The prisoner to be guilty, aud that the sans
evi,l'nce presented to 2 petty jury on indic.msa.
would hest discharge his legal. and It Ia hoped his
most agreeable duty in Diminishing the case and rot
loading the party accused with the Disgrace and the
Operous expense Of q trial.
know that different rule Of conduct REGULATES
In general msgstefial deoisiJns AMI tina. t10as OIL
cere, in the general discharge of taeir daty leok
only to the evidence sdduced on the part of the pro-
secuOn, 50 far as it tends to establish the guilt Of
the accused; considering thss the facts sddaced by
crossexamiuation, and the evidence produced BY
the prisoner, tending to destroy the presump-
ton of guilt, as proper to submit - pstty
pass upon IL. Nor is this evil remedied BY the
Intervention Of Grand Jury, who are sctuated BY
tho same views, and find bills Of indictment on
the very slightest testimony, true.lng that petty
ia.ee class Of most important cases. in which tho
legal knowledge OF the ma gstrste, and bs &C cumen
as ar investigator OF the tacfe 80 az to apply The
rules of law 10 them, are imperatively required.
wide scope given by legal deciaicus 70 accusations
o. tbis kind, and their frequency render the htrict
est care necessary. This statute has long been 70
cogrised ss one OF the most glazing Instruments Of
the law bss given BIRTH It has long bean notorious
in our city that unconscientious pfiscrs when they
sre disappointed in the fulfment Of the contracts
made with them BY Others, who, from Misfortune,
mistaken calculation or abused confidence, are un
able to fulfil then, resort to the police office ~
more simple and coarcive form Of process to collect
their debts, than that Afforded by the Ordinary ard
% ns, s' 1sSs, course or biz Of m S the I
possess any pecuniary resources, and above
all, If from bis or their position in life,
natural shrinking delicacy is tel: st the
e.ed ss SeVce svs
amount OF the debt claimed, or tie greater part OF
it, secured. II, on the contrary, the unfortunate
a,cusad, IN addition to bis other evils has veal
thy friends or connections, he is ought into court
perverse morality and operated on by the fears OF
faiure tubiectipg him to an action for malicious
prosecution, swesrs with bold and hardened front
to within the status, and IN iane sent Al Ia
thus TOO often subjected to the punishment due
alore to the guilty.
II is to be Iamsnted tha. sgistratss do not more
frequently peroeye the DRIFT Of such prosecutions
that with tie best ard puress intentions they lend
themselves unwittingly to the iniquity, which if
they perceived they would be the frs to fro "a
down, and that facilities are given for the settle
mert Of such cases BY stopping them at the precise
point where the payment Of the prole .usor sub
eerves the only intention contemplated by tia com
plant. The law il thus abused the magistrate
duped, ard the Ubiquitous complainant &c warded.
Dang my experience ss police magistrate, /
always scrut;nized thsse esses with peculiar care
pesience, indicssiog.to ms strongly the motives
in which such prosecutions were generally founded,
exacted ct my hands. While presiding 5. tbs
Jefferson market Police Court | rarely found Il.
necessary, cut Of the numerous cases presented to
me- 10 send the complaints before the Grand Jury.
The instisating motives which governed nearly the
who class OF these cases. invariably found to be
the desire Of collecting the deb, aided bya great
that sllesed. che yindication Of the dignity and
integrity Of public justice never seemed 70 ningle
with theae considerations.
II may well seem strange that among the multi
tudipcus laws and amendments 10 laws enacted At
every session Of our Legislature, none has bsen in
trcduccd 10 correct the well recognized evils flowing
from the abuse Of this statute by putting toe a..
leged ia'.e pretencs, a. 81 events, on the same