The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-16

MORE QuAsursc on lNDfcrmEsrs-The indiot
ments against Fernando Wood and the members
OF The late Corporation, on charge Of conspiring
to violate the charter by granting lease to the
Catholic Orphan Asylum, WAS before Judge Null
lin, IN the Court Of Oyer and Terminer, yester-
day, on motion to have them quashed, Just as
those against Devin and others, for conspiring to
defraud, were brought to the notice of Judge Rus
sci on Saturday. In both cases the motions to
quash were based upon informalities in the in
dictments. Ii is known that in the case of the
dictments were Gpashed. In the other case the
Court declined to quash the whole indictments,
but he did quash the only two counts of any i'm
portance 10 them; SO that, except in form, the
indictments may be considered invalid. With
regard to the charge Of conspiracy, Judge Mullin
decided-just as the City Judge did in the Devlin
case-that it could hardly he sustained, as the
American authorities were all against it. With
regard to the second count, charging the de-
PENDANTS with making a lease, it was declared
decidedly bad, and not sustainable This is
virtually quashng the indictments any subse-
quent proceedings must be merely formal
1t will be remembered that Judge Russell
quashed the indictments against Deylin, Turner,
and the other ex-oficials, because they were
charged with conspiracy to commit a crime and
with committing the same crime in the very same
count of the indictment And yet for this act he
is maliciously abused by some Of the newspapers
But these newspapers do no. seem to know that
hos hnnp no In oc fba Gtafn frc tha 1aot
thirty years. 1t is now over thirty years ago
since the case OF the Life aud Fire Insurance
Company was tried in this city. 1t was q case Of
conspiracy to defraud where the fraud had been
perfected, and though conviction was had on
the indictment the verdict was set aside on APP
peal; and that has been the law ever since Hugh
Maxwell was then District Attorney, and for
aught we know Joe Blunt was one of his assist
ants. From the indiscriminate abuse hcaped upon
the City Judge one would suppose that he I'M
dertook, of his own motion, to hunt up informali-
ties in these indictments for the purpose of
quashing them; just as if Judge can refuse to
hear the motion Of counsel in such case, or to
grant the motion if the arguments in its favor
are sound and convincing and in accordance
with law This was precisely the state of the
case in this instance; and the papers most malig-
nant IN their attacks do not pretend to say that
it was possible for any just magistrate acquaint
ed with law to refuse to quash the clumsy in
dictmcnts against Dcvlin and his associates
But it is pretty evident that it is not by in
dieting corrupt officials for past offences that the
city is to be redeemed. That mode Of procedure
is very much like shutting the stable door after
the steed is stolen though if it were possible to
make all example of some of these gcntry it
would be a satisfaction to the plundercd tax
payers. In fact, indictments Of this character
are made q mere farce and mllity, either from
the little knowledge of criminal law possessed
BY the parties who draw them up, or from an in
tention TO encourage fraud by bringing into ridi-
cule ell indictments against derelict officials. The
best plan to reform the municipal government is
for the voters to elect no rogues to Office whom
they may have the trouble Of indicting for their
msdeeds afterwards. On the good old principle
that an ounce Of prevention Is better than
pound Of cure, this plan will work we'll !;
and this i just the most fortunate moment
to think of it. In a few weeks Comptroller the
whole new Board of Councimen, nine Aldermen,
two Governors of the Almshouse and half the
Board Of Education, are TO be elected. This
offers fair chance to commence the work of re.
generation by voting for honest aud efficient
men for these Offices and no other. Whatever
efforts partisan and party journals may make to
preserve the present vile order of things, the
public mind is in favor Of such a change as we
advocate.