The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-04

JUICE RussEIL's CHARGE TO TIE GRAND
JrRY-TMELY SUG0Esnoss.--lt Is gratifying
to observe, by the fearless course Of City Judge
Russell in the discharge Of his official duties,
that we have at last in New York criminal
Judge both able and willing to administer the
laws with rigor. The charge Of the Judge TO
the Grand Jury yesterday aptly illustrates his
lively appreciation Of the Responsible position
which he holds- Not content with charging
the jury upon the various pointe required by
the statute, he grapples with other evils and
boldly directs the attention Of the jury to their
correction. He condemns "thoee influential
citizens who avoid the performance Of their
duty as Grand Jurymen,' spending in Sabbath
rian conventions and reform associations hours
which, if devoted 10 Grand Jury duty, might
accomplish all the remedies at which they aim.
With the keenness of On able practitioner, he
shows the lamentable defects In our system OF
criminal jurisprudence, observing that al
though the ingcnuities Of crime have grown o
thousandfold in the first quarter Of the present.
century the criminal code remains the same.
Our system of criminal discipline also comes
cism. lie says: The present system Of i'm
prisonmcnt tends TO encourage crime; We seem
to take vengeance, not TO restrain and correct
our system of detention" As mercy tcmpers
Justice" the Judge does not forget 10 caution
the jury to beware Of hasty action, and observes
that not the least pleasant of bis duties are the
opportunities of exercising judicial discretion
to save from ruin the unwary and sorely
tempted.
The Judges charge on the Liquor law shows
how our bungling country legislators at Albany
have contrived to pass law which imposes
upon licensed liquor seller criminal response
bilitics while upon an unlicensed seller, who,
In performing the same act violates two laws,
a fine only is imposed, TO be recovered by civil
quit
But the moet commendable feature Of this
charge is the Judges remarks relating
TO the "evil we suffer by the careless
manner in which Executive clemency has
been exercised" lie calls attention to the fact
!. that on the calendar for this term are the
names of two persona, one Of whom has been
twice pardoned in this State, and another who,
ever since his pardon, has been confcesedly Gu
gagged In the most bold and daring burglaries"
These facts must startle the sense of security OF
oil good citizens OF what use can IL be to have
the penalties against offenders rigidly enforced
by stern Judges, If our soft-hearted and weak
headed State Executive il TO interpose his pre-
rogative and let loose murderers and burglars
upon us without mercy: Yet such is in fact the
practice Of our present Governor. He has par
doHed O'Connell the convicted murderer Of
Teresa Spitzlen he has twice rcspited, as ap-
pcared by our edition Of yesterday, Dennis
Sullivan, the murderer, Of Oswego county, Grst
on the supposition that the man was insane, and
when that was disprovcd, he rcspitcd him again
10 give him time TO prepare TO die on the 2lst
Of May, when perhaps another respite, or per-
haps a pardon, awaits him And now we learn
that petition is in circulation for the repricvc,
or the Communication Of the sentence Of Ira
Stout, concerned with Mrs Littles In the late
6endsh murder Of Mr.. Littles, in Rochester IL
il about time that Governor King should listen
TO the remonstrance Of Judge Russell on be-
half of this outraged city, and not suffer him
self to be bamboozled or caiolcd into sparing
the lives Of criminals, 10 execute whom wouid
save them from life OF crime, and the state
from the disgraceful consequences Of their mis-
deeds.
A uouu 49, W., LIN Tho unprInCiplcd