The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-28
The Dsstes OF <he District Att0rney-H0w
Are they Performed.


racter, In a few instances the police have made
arrests and the guilty persons have been
promptly brought before the bar of the
| Sessions, where summary justice has been
dealt out to them by the City Judge,
| M Russell, who has properly recognized the
true theory of criminal law, which is to protect
| society 10y imposing severe exemplary pGnish-
ments. Mr.. Russell closed his first term upon the
bench with the good wishes and thanks Of every
honest man in the city, and in one month he has
made for himself reputation as one Of the most
honest, impartial and upright magistrates that
ever assumed the judicial ermine.
But the administration of criminal Justice in
New York does not rest altogether with the
bench. The duty of the Judge is to hear, decide
ard determine the points of law, and if the pri-
soner be convicted to punish him according to the
statute. Under some circumstances the duties Of
the prosecuting officer for the people are far
more important than those of the magistrate, the
former having the power 10 arrest the course Of
justice by neglectiDg his duty, which is
to initiate proceedings, to draw indict-
ments. TO make motions for the trial
of cases, to compel the attendance Of Witnesses
and finally 10 move for sentence upon the con-
victed criminal. No sophistry can hide the fact
that an indictment once sanctioned by the Grand
Inquest should he prosecuted to the issue and
that it is the duty Of the District Attorney to de-
vote his entire energies to that end The discre-
tionary power given to him to hang up, file
away, or mol, pros indictments should only be used
according to the original intention, in extreme
cases
1t is competent for us to inquire how far the
person now holding the Office of District Attorney
has performed his important duties
The District Attorney who preceded the pre-
sent incumbent died suddenly, leaving large
amount of business unfinished. His successor had
been his assistant, and, although young, was
supposed to have sufficient experience for
the post to which he aspired. He found
that during the last few years great
number Of indictments had accumulated in the
Office and be first displayed considerable zeal in
the public service. A short time afterwards
several hundred indictments were found against
keepers Of gambling houses and other disreputa-
bic establishments which were public nuisances
1t was clearly the duty of the District Attorney
10 bring all these cases TO prompt aud speedy
trial. but be did not do 50. A few of the often
ders were tried, judgment was suspended, the
prosecuting officer not pressing for sentences, the
gamblers walked coolly out into Broadway, their
diamonds flashing and their broadcloth glistening
in The summer sun: the old indictments were
allowed to accumulate more dust in the Attor-
ney's Office, and fresh batch was placed ia the
same digDi6ed retire ment 10 keep the veterans in
countenance. II is our duty to state the fact that
the indictments were hung up, that the gamblers
and courtesans laughed in their sleeves, stin
plying their nefarious occupations and that to
them the law was only ridiculous farce aud
mockery.
Without doubt there are hundreds Of these in
dictments, leyeled at the plague spots Of the
city, now filed away in the Office of the District
Attorney, while hat officer is devoting his ener-
gies to schemes ostensibly for the reformatiou of
the system Of administering criminal justice in
this city The public would be glad to know
why the District Attorney does not reform his
own Office: before he attempts to cleanse the
Augean stable he should remove the filth from
bis own stall.
The public i aware thai the District Attorney
has lately sent to Albany the draft of a new po.
lice bill. which abolishes the Court OF Sessions.
gives TO three Commissioner to be appointed BIZ
the Governor, the entire control Of The police.
The lower courts. the streets and the elections
thus making an entire revolution in our municipal
Affairs. and placing the most important depart
ments Of the city government in the hands of
three men who may be without the slight
est knowledge Of the affairs Of the me
tropolis. This bill has been cooked up in
en- obscure private parlor OF hotel by the
District Attorney, while criminals whom he
should have prosecuted we're walking about free
as air, clothed in purple and fine linen, and faring
District Attorney seeks TO abolish the Office of
the only magistrate who has shown disposition
TO check the avalanche Of crime which has rolled
over the city, by prompt and fearless discharge
Of his magisterial functions.
AS we have said before, the bills hasllcd up Ivy
the lobby which has been driven from Washing
ton to New York, conceal a grand spells scheme
under the pretence OF city reform. The proposed
police bill would make matters worse thau they
are now. Before the District Attorney attempts
so sweeping change the public have right to
demand that be shall reform the abuses said 10
exist in his own Office. He was elected TO per-
form certain specific duties. Let him pluck out
The beam frem bis own eye before attempting TO
remove the mote from that Of bis neighbor.
FROZEN UP AGAN.--The Philadelphia Penn. |