The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-20

dishonest ofdcialA In this instance, through the
honesty of member Of the Board, the fraud was
prevented before l. c. uld be consummated. The
expenditures of the Board Of Education for this
year will amount to about million and quar-
ter, and of this at least onefourth will fall into
the possession of SPECTATORS, officials and con-
tractors If the honest members do not adopt some
means of preventing the people from being de-
frauded.
Culiosities OF tho Administration OF Justice.
There are certain respects in which the admin
ist1ation Of justice is the same in all civilized
countries Wherever civilization has made its
mark, there is sure to be regular court, with
fixed judges, prosecuting officer attached to the
court and prisoners counsel licensed to practice
before it; accused persons sure to be alO we'd
cross question the witnesses against them, and
they are sentenced or acquitted according to the
evidence. Such is the theory, at least, of the
administration of criminal justice in all countries
which make pretence to enlightenment; and, as
uming tsat the theory is everywhere equally
well carried out in practice, Chinese specta-
TOT would hardly notice any difference between
the system as applied in the United States and
England, and the system as used in France, Ger
many, Spain or Mexico.
But when we go beyond the elementary parts
of that system-that is to say, the court, the
prosecuting officer, the prisoners counsel, the
plan on which evidence is heard, and the basis
on which the verdict must rest-wide and impor-
tant variances meet the eye. In England, a mau
is q witness in his own case. In France, when a
witness testifes to new and important fact, the
Judge stops him, turns to the prisoner aud &C
costs him-"Prisoner, what do you say to
that?"- which is very shocking to our ideas
Of fairness and justice. In Austria, when a
prisoner desires to see the indictment against
him he is asked with sheer :" if he thinks the
Court is there to give him information ~ III
Italy, the heart Of prisoners is softened before
their trial by application of torture; it being
principle Of law, in the kingdom Of the Two
Sicilies, that truth cannot be elected without
free use of the dungeon, the whip, and the screw.
Here are several discrepancies in the modes OF
administering justice, all Of which deserve care
full attention.
But perhaps our own peculiarities are NOR
striking than any. We have the same institu.
tiOns as other countries in respect of the court,
&c; but what distinguishes our administration
of justice from all others is the part taken by
the press and the public This is the only couo-
try in the world, we believe where the right of
reporting pending cases is secured to the press,
in spite OF the will Of Judges aud courts l.
may be said, indeed, that, with Ms, cases are trieo
before jury of reporters, who do the labo.
which the law imposes on a regularly empin
nelled petty jury. Nor does the popularity stop
5sre. The vivacity Of our people, the uu-
raralleled publicity in which we live. aud the 10
tense interest taken in important trials, make u
one and all, parties in leading cases, AMI more
than spectators of the result. We take sides, ann
discuss them with the earncstness ofintere ted par
ties We raise all kinds of side issues in the press
and in society, and fight them out before We
come to the real ISSUE A great law case in New
York at the present day appears 70 be matter
Of life aud death to half the population. Look
for instance at the Burdell murder case. Ne
Eckel and Mrs. Cunningham are going to be trie6
on a charge of numbering DR.. Burdell. Nothing
more simple at the outset, than the main issue
did they kill him OF no: But before We can ger
to that, thousand minor issues must apparen lS
be adjusted. We must know whether Coroner
Connery is fit man for his post; and this will b.
tiled at length. We must know whether he strip
ped Mrs Cunningham; this is a subject for a nev
and separate inquiry. Then, if he didn't W.
must find out how the reporter for the ragba
Express came to say he did, and we must SCI
whether the Brothers Brooks were piid to say b.
did, or whether they invented the story grant
tously, to make tleir paper sell. We must try
the witness Farrell; and this is one of the mot
important side Issues We must try the Time
newspaper for illusions to Dr. BIaisdell; AM
have justice done here too. All these ned many
other side Issues grow out Of the original mur1el
case, and almost cover up the guilt or Innocence
of Eckel and Mrs Cunningham.
II 60 on at this rate, our trials will come TO
be more popular elections than judicial pressed
nes When the press isdiscussipg the principal and
collateral issues of leading case, every morning
in the week. and every newspaper takes a side, il
is utterly ridiculous to expect that the public can
remain dspissionate spectator Of the scene
The people will take sides, too will cling to
them with the force of prejudice and passion a16
will feel personal concern in the result To-
jury will be partisaDs before they enter and wbls
hey occupy the jury box. A trial like that OF
he persons accused Of numbering DR.. Bdrdell will
be far more like our fall elections than an event
in the administration of justice.
The Gas CoMPASIEs.-The investigation that
has been made into the affairs of the Miuhlttan
Gas Company does not seem TO have produced
any exact results. We suspect 1t is very easy