New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-03


son Of irjupctions, in which eTery judges h.nd is
s,sinst bis fellow, end in which every suffering
.igant before lie can arrive at the Court o'Appeals
must pas through q Slough Of DsspOnd feafdily
gu cksandy and dangerous. However, We do no:
propose 10 enter into any reconcile discussion Of
this subject, but only to furnish the public with two
or three Illustrations Of what We have promised.
In England Judicial decision has just virtually
abroi aied the mossy and time hencred rule-Nmo
dsbet bis rerari ed6em caaa, g., nobody can be
tiled after acquittL upon an indictment for the
same oftnse, which lion Of 3 maxim with its
jscbsl pleading Of au'r.ois atquii, in close cen'ec
ton with absurd statutes of limitation, has done
more thar anything else TO keep society rich in
rogue,. The common sense Of this pet rule, the
virtues Of which sharp criminal lawyer will re-
count to you with tears in bis eyes, we have never
been able to discover. We have heard it urged
under the most astonishing CIRCUMSTANCES For
ibstance-to state one of the most ludicrous-s
man being indicted for adultery, bis lawyer, wise
but ycurg, moved to qussh the Indictment upon the
sroaLd that his client had been examined before
Justice Of the Peace under the Bsstardy Act and
discharged. The Court, however, made abort
work Of that pleading and the gallant but unfortu-
nate Don Juan in whose behalf it was urged is at
this moment doing his State some service, more or
less. Why man who has been tried for crime
AID acquitted because the evidence was incomplete
should not be seal tried when time has rendered it
perfect, it IL impossible for rs to zee. The law
tslbs about its humanity; but it is the same law
witch for Ger tuIies denied counsel to prisoners
essn in capital cases, aud which now SETS min's
life upon the cast Of string Of rignarols plesdrgs
which 20 human being csn comprehend, or should
eeien 20 consider save for the purpose Of exposing
their ab,urdity. We might go on and forcbly
illustrate th. idea BY examples drawn from the
oterstitn Of the doctrine Of limitations in civil
causes Why should not man pay me my money
simply because within certain period Of time /
have not been able to make him pay me Why, as
in some States, should promissory note run
as against the etatute for twenty years when tho
signature lie witnessed and for only seven when it
is not However, we have pelther time nor space
to 90 into full discussion Of this subject Let US
look at another point.
We refer to the difficulty of securing justice even
after q criminal is convicted. Can any man of
se9ss read what are called "Kr. Bankmsns
points" in the case of Cancemi, urged in the Supe-
ror Court on Monday lsst without feeliog whole
affairs farce, particularly as the learned Judges
TOOK time TO consider them. We do not 6ud fault
with Mes,rs Blsnkmsn and Ashmesd, who are en-
gsg.d principally or altogether in labor OF love
They are only doing what the traditions Of the bar
lrrtruct and impel them to do; they know only
heir client; they are contrasting every inch of ground
between him aud the scsfOld; and we suppose that
they would not have single twinge Of conscience
hculi they by some quirk or bubble save the neck
now in peril They do their duty-but what
du'y! Should they directly assist Cancemi to
escsre from jail, they would be compelled to take
bic pace But if they can pettiog him cat. 1t Will
be- oil right. Here is convicted assassin, OF the
y orst description, who has been twice tried about
sio.e guilt DO one has any doubt; ard when it is
,.ksd why sentence should not be passed, we are
ol6 tbst the Court in which he was convicted had
20 iurisdcton-that the verdict was technically
!. {, ctye-thst something has gone wrong with the
cerloIari; to which is added some learning about
eofais, aid TO end Of these references, such as
Chit. CT. l.. Col, which make . collection OF
poiuts TO brstle like quilts upon the fretal pOrcu-
pine.
Now, if nobody engaged for the Government IN
Ibis i'm portant tiisl did his duty, or knew hoa
to do il, such stupendous laundering shows our
tribunals to be in Psr'ous condition. II our
Judges DO moi know what ard whom they m'y try,
snd our prosecuting officers cannot put verdict in
form, and the lowers Of the Courts are 30 unde-
fred. tie sooner we have 3 thorough over
,ulir1 the better; AID if We cannot have it, we
nstt as well give up spending our money in trying
criminals. But it is not pretended that any OF the
frroys t'esded, in the leaet damaged the casa OF
Csnc, mi st al or that his trial was not substsn-
tisy fsir one He il TO be saved if saved at oil,
by resort to legal quibbl,s, the question Of his
Guilt beirg thrust sside, while the lawyers throw
of Chit.y at each other, and quote
Crown Pleas at the Court. All this m,y be the
eerfe cton Of reon, but if so, si7e Us the perfec
iron Of unreason al once.
Let us offer another recent Illustration. One
Tuekelman Of Boston was Treasurer Of the Eastern
Rsilwsy Company, and turned out to be what is
plantiyely called defaulter and plumply thief.
He admitted the larceny Of S27O, 900 Of the funds
cf the unhappy Corporation, which be had spent in
good living and in speculative attempt to secure
grant of large sum Of money by Congress to .
dentist who claims to have discovered the modern
use Of ether in surgical operations. We suppose
he e;hetized the Directors Of the Company, for
they were very bland, and declined to prosecute.
Az Indictment was, however found 10 the Municipal
Court, Boston, at the instgation Of the Portland
and Saco Railway Company, a party in interest
A. N atros Atto,na. a, .kIa sn2