The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-13

doC De nas appointed I'VE competent cieThs VINO
are al now actively employed in the work of
investigation Witnesses are examined in pri-
vate In order to prevent collision, and render
it difficult If not impossible, for them all to get
up the same stOry-as was the case to q con-
siderable extent in the open investigations by the
Committee on Frauds. 1t is desirable that
every one who wishes to see the outrageous
frauds which have been 60 long perpetrated
brought to light, should sustain this committee,
and furnish them with every information in
their power. The committee are about estab-
fishing new set Of books, and system whereby
the public accounts may be perfectly kept here
after. All this corruption seems to have reached
its climax with the charter of ls49, which gave
the election of the heads of departments to the
people, rendering them independent Of each
other, and responsible to no authority. II the
Mayor had tho appointment of these officials there
would be some check imposed upon them; but
under the present system such thing is impos-
sible
1t would 1t we'll in future, If any cases Of al
legged fraud should come before the Common
Council that they should be referred to the Joint
Committee on Accounts instead Of to the COM
mittees of their own boards, as they are now
In this way they would be all reached in turn,
with some prospect of solution.
IMPORTANT DECISION OF THE REcoRDER-THE
LOTTERY Policy observation-disclosures DUTIES or
Our CRIMINAL JUDGEs.--Our readers must have
observed that since the elevation Of Mayor Tie
mann TO the chief magistracy of our city he has
made efforts to break up lottery policy estab.
lishments lie issued warrants for the arrest of
u number Of persons supposed to be engaged in
the Illegal traffic Of lottery policies, against
whom the Grand Jury found indictments. Ia
order TO test the validity of the laws Of the State
on this subject the counsel for Jacob Borgers en-
tered demurrer to the indictment, and after
argument before the Recorder, he promised
decision at an early day. In consequence Of
the immense amount OF business which the
Judges of the Court of Sessions are called upon
to transact, often requiring their attendance at
chambers till midnight, he was unable to pre-
pare his decision at the February term Of the
Court. In the General Sessions, on Thursday
he delivered an able opinion, which we publish
ed yesterday, overriding all the points of couu-
sci for tie defendant on the motion to quash
the indictment, and ordering him to stand his
trial.
The Recorder decides that the lottery policy
law is not void nor imperative, yet the degree
of punishment to be inflicted rests entirely in
the discretion of the Court that the offence
charged is q felony, and not misdemeanor !;
that the words common gambler did not ne
cessarily make it u misdemeanor, and even if it
were misdemeanor, the Judges OF this Court
had original jurisdiction over such offences ;
that the act prohibiting the selling or vending
Of lottery policies was sufficiently definite; that
q single act Of selling subjects the ven6ey to q
prosecution under the amended act, and that
the Ian guage of the indictment was perfectly
Ineligible, and gave the defendant an accu-
rate statement of the charge preferred against
him. The Recorder states that the efficient
City Judge examined the above propositions,
and concurs in the conc lusions 10 which be ar
rived. This decision will undoubtedly affect
the disposal of large number of similar in
dictments.
This opinion is contrary to the spirit of pre-
vious decisions of their predecessors on similar
motions. furnishing another illustration of the
determination Of the present officers Of this
Court to maintain the laws and protect the per-
sons and property Of our citizens Since the
elevation of Judge Russell to the bench he has
exhibited the characteristics which every crimi-
nal magistrate should possess. nsmely-an I'M
swerying purpose to administer the laws, IN
bending integrity, perfect familiarity with
criminal jurisprudence, and great promptness
in the discharge of his duties lie has been
ably seconded in his efforts by the present Re-
corder whose career for the last three months
has conclusively demonstrated that he has not
only the talent to occupy the position to which
he has been elected. but great desire to CO.
operate with the City Judge in his efforts to
prevent the increase Of crime, aud. In his own
language on Il recent occasion, "to make the
streets Of New York as safe for pedestrians as
their own parors."
The amount Of business transacted by these
two Judges in single week IL very great, rem
dering il necessary, as has been observed by the
Recorder, for him and his colleague to sit to
late hour in the evening. While their brother
Judges are faring sumptuously, slipping
their claret, and doing in their arnchairs at
their fresides, the Judges of the Court Of Ses-
sions are listening to the grievances Of plum
dered or outraged citizens, discbarging the
onerous and too often thankless duties of a
criminal magistrate. During the past year
Judge Russell has alone adjudicated upon $500
criminal cases, an amount of business unprc-
cedented in the annals of criminal justice in
this city.
How such an immense number Of cases as
are usually presented for adjudication at each
term of the Court Of General Sessions can be
80 promptly disposed Of, can only he accounted
for by the systematic course Of action which its
r~o.;d;cxx ospoo~. hara vnsrLad ont for than,