The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-04

more OF less imprisonment fF,m tneir insb.lity 70
fnd bail A large portion of these cases should
never be retained for trial, but cilaized at the
hearing, and Of the residae At least ninetsnths
might be benefc ially dsp0sed Of by saklng q recog-
nzauce, with or wiz lout surety to hesp hs peace.
Indeed in these cases, toe Law might wish advan-
ssge entius. to the magistrate tho power to adjsd
cate finally such cas- 8, and where shey pfessnted
NO serious aspect to imp pose Small fns, With
power to remit where the party nigh, DO uuablc
10 psy, or to take recog aizancs fos future pay
NEST.
vsgrsnt laws invest them With degree Of power
requiring considerable knowledge, both OF their
duties and Of human nature, equally 70 prevent
injustice being inflicted On perDoEs Wao were novor
intended to be subjected 70 the operation OF sh9a
laws, as to prevent our pubic instsrsons bsdnx
filed TO replshon with q class OF offenders against
the laws Of morality who wsro never caleulased TO
be tho recipients either Of the benefits 0 OF shs
discipline OF those institutions.
The variety OF duties now impos hy tae prehi
titory bquor law on the present in mosnts Of the
police bench rendels their duties execeding!y
one police 0 70 .scs s9 oou 1 mus
speedily be made. II would be here OF. Of placs
for me TO discuss the pro visions Of thu law or 70
asd another sa TO me me many opinions slreadg deh-
Icy on tae happines and interests Of 10
cisty is obvious. but whether tnat policy
can be promoted by such msans or Watcher
il is judcioGs fer legislation thus to var with ono Of
the great recognized passions OF the human mind,
when ali the beneficial objects to be derived from 1t
can be atsaired by simple municipal! regulation
imposing sgfict ut license charge, end fnexoEshly
exactipg the rehalty Of tts absence ss question
which think the p.esens working Of tho lsw has
sufficiently answered. The present liv operates
uEequsny, by allowing the fortunate classes OF 30
eiety the means Of indulgence In thew own houses.
denied by circumstances to their poorer brethrcn.
which thus tepcf to foster the growing ants9ouisH
between the txo classes. IT is sufficient for NE par
poses OF this article ray thas the law, ny Creating
large ant new class of puonc onenos5 haa made
additional regulations on the knowlsdse, ssgacity
and efficiency of the magistrate, VINO IS called upon
by the law 10 pass on the many important md COM
pljca.ed questions which it presents
The ahsuid Law against soG1c s0l-ebsurd, 30
cause it ia impyachcable, aud ala, for the reason
thst il ia impossible fer ,hs Law 81 asAzd the pen
atty on, 70 aa to discover ths guilty ara neduclDg
party is one also reqcirng the utmost rigiisncs on
the pars " the magistrate, lest his Humanity and
ha better fee ingg should lead him, uadssgledy, 20
aid ali aytu Nanton In securing husband by tina
meals of her vici0ns inG.screticn lt 10 we'll racOg-
nizsd that nearly al these cJmpaiuts afs made BY
deplayed aud vicious women, 10 eldSavoe 70 pro-
cure husband In the man they have previously led
saGIsy.
liz view of the many important aid complicated
questions daily presented 70 magistrate, II may
be usefu,ly suggested that the Office OF police Ms-
gtrate st ell events in large cities, should be con-
Eded to the bands alone Of legal,praclsoners II is
idle to object that this would be hyDg to choice,
Or confe.rirg peculiar advantage On 2 class.
TbeEe are always arguments Used by politicians,
not TO eDhahten bus to blind the public. II the poo
pie hAve vested interest In the due and proper ad
in,s.ssicn Of Justice Il y wSr.o their While
sest T. suit himself with any one srGcs Of pleasure,
convenience of ute he applies for il TO che person
most calculated, BY his previous purEai:s and habits
jr ito saC1e employment, afford s. Gan It be said
that magistrates Io,n the only exception 70 gene.
raj rule, and that the mere fac. OF the Induction in
to cffce can instantly coafer on the pesscn oil the
requisite legal qualifications to perform It's duties,
however othetw &c worthy and respectable he may
lie? that man whose previous pursuits in Life have
been altogtthsr opposite, can be fitted, ct . nao-
Ment's warning, ~ decide On critical l1sssons OF
law, in which net only she publ, interests, but the
immediate reputation ald welfare OF indi!id and
of whole families are concsrned-to tell where
moral fraud ends and where pobc crra begins, and
to prepare in the great laboratory OF prnsy arrest
and examination, the machinery by whtA Pablo jos
tee Is to be eventually enforced or vindleassd IN our
criming! c0urts?-the mere suppos'On IL ~ absurd
ity. Nor can it with uetice be said tnas this would
be comforting An invldous privilege On al already
too favorei class. As profession, tbs law has
seldom crowned IFS votali,s with fo-to5e, while
here Is no other calling or profession in car coun
Try which makes equal exa:tiors, beth Of head
and Of heart, upon its devoXss. As body,
IL must be admitted to be both an honorable and
les1ned one--the only conscrvasiye ORDER IN our
republic which, amid the clash Of contsndtIg po-
htics PARTIES ready 10 rend tho State Tor their
peCullAI aQvhnthSes, p6n SiWHyS pJCAy bHu alAl-
erably stood by the altar OF pu3!ic order lsw and
the constituti n.
Our criminal law Of evidence presents an anomaly
derived from the barbarian Of ancient precedent,
which ought 10 be amended. It is thst Of cIosing
tho lips Of the accused, while the prosecutor, an
equal party In ntert st. Ia allowed 10 gise his test
mony. How many Innocent men lave suffered BY
the working Of this rule, wnese there have been no
witnesses to transaction, the shole circumstances
of which known alone 30 the prosecutor and the
defendant The first tells bis story, tie law keeps
the lips OF the last sealed. This should hs changed
The prisoner, st his own e|s ction solely, ought to
be slC we'd to take the witnees stand I'd relate his
own version OF the Transaction, subject, Of course
to the rules OF cross animation as any other
witness. The Court and jury would then 10 enabled
to understand snd to arrive at lost conclusion a.
TO the statement Of facts Presented By both parties
II In the preceding remarks have called public
attention to single idea that may hereafter pro-
mote in the slightest degree, the geaeral interest,"
will have recelvco more t1an my reward.
DANIEL w. CLARz Police Justice.