The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-08

DohinSo, VI any otner country tnaI Is ripe 10
move in the matter. The Cuba question must
now be brought to an early solution. With
Mexico something must be done. The routes of
transit across the American Isthmus must be put
in state Of security that shall command
the confidence of the whole world. Every
urgency of these necessities yet the govern
ment is not prepared to meet them, nor is the
President in any way authorized to act. Such
authority can only be given by Congress, and it
should be given at an early day.
ASSAULTS on THE JUDrCIAEY-THE MUIIIGAN
CAsE.-Some short time ago two sets of law
breakers and peace disturbers who had made of
San Francisco a second Alsatia, got into COLI
sion, and the one roughly handled and finally ex-
PEELED the other. OF these two parties, certain
Captain Webb and the well known Billy Multi
gan were prominent members, and in his quality
Of conquered champion, the latter issued from
the conflict with some evidences Of hard usage.
Treasuring up his grievances, Mulligan came on
to New York, determined to pay OF the score on
the persons of any of the members Of the San
Francisco Vigilance Committee whom chance
might throw in his way. The police reports soon
bore testimony to the activity OF his vengeance
in charges Of assault preferred against him BY
parties who had acted as, or who were supposed
TO have acted as. members of that BODY At
length Captain Webb. the principal agent OF his
alleged wrongs, crossed his path. and upon him
Mulligan forthwith acquitted, with principal and
interest, the debt Of vengeance which he had
accumulated against his San Francisco enemies.
When Mr.. Mulligan was brought before
Judge Russell for sentence-he having pleaded
guilty to the ASSAULT was confidently
expected by his friends that the fine inflicted
upon him would be light one. The aiidayits
in extenuaticn would in ordinary cases have
justified this expectation, for Mulligan had I'M
doubleday suffered severely a, the hands OF
Webb. To the surprise, however, Of the Multi
gan party. the Judge took q different view Of
his duty, and imposed upon the defendant fine
Of $3.50.
One would imagine that this decision founded
IA II was upon broad principles of public policy,
and intended TO convince the lawless and rcck-
lees Of other States that they need not expect to
find protection and sympathy in this-would
have ELECTED a general expression Of approval
from our city pres. This was the more TO be
expected from the fact that previous TO Multi
gan's sentence insinuations had been thrown
out that influences would De brought to bear
upon the Judge which would insure the entire
immunity Of the defendant. To the asiouish-
ment Of all right thinking and law abiding men.
Judge Russell's wen timed and discriminating
severity has rendered him as obnoxious to the
censure Of certain journals opposed 90 him a.
the fulfilmcnt Of their anticipatlons Of cor
rupt leniency on his part would have
done. Strike high, strike low, or strike
where he will, il is clear that like the drummer.
the Judge will never he able to give satisfaction
to the friends and advocates Of the criminals and
peace disturbcrs who are daily brought before
him TO be dealt with.
OF the fairness with which this able Judge IL
treated by his enemies we have had another
marked instance within the last few days By
the decision Of the Court of Appeals the sentence
pronounced by him upon james Rodgers. the
murderer Of Mr. Swanson, and which had been
overruled by the Supreme Court, has been fully
sustained and confirmed. OF this vindication Of
the view taken of the case by Judge Russell not
a word has been said by the journals which have
displayed such bitter hostility towards him, and
which, from the unreasoning and inconsistent
character of their enmity it is to be Inferred arc
paid for maligning and disappearing all his
judicial acts
Conduct like this towards magistrate whose
whole course has been one Of answering upright
ness and energy, and who has done more to redeem
the administration Of justice in our city from the
reproaches cast upon it than any man who has
preceded him on the bench, should not be al
lowed to pass unccnsured. The public have a
deep interest in the reputation Of the Judiciary,
and when they find systematic war wagcd
against It's members by journals known to be the
organs Of the depraved and corrupt, thV are
bound to stigmatize all such efforts by whitening
marks Of their disapprobaton. II is only in this
way that the nsidious influence Of q viciously
disposed press can be neutralized and honest
magistrates sustained in the fearless discharge Of
their duties,