New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-08

IL would seem from the OHlcldi dcls Vi Inc tWO
ornaments of the Bench who preside over our local
criminal Court, Recorder Barnard an Judge Rus
SELL that law Ia at the most only matter OF opin-
ion, TO be warped and twisted just as the humor OF
the Bench may happen TO rule the hour. The
Mayor, with prsisewortby care for the public well
gamblers; but in the beginning of the gosd work,
he is met BY the indecent interference of night
wandering Police Justice. However, be succeeded
in getting few of the arrested parties before Re-
cOrder Barnard, where charge Of gambling was
made against one, at least, who Is everywhere
know to be the proprietor Of q gamblng-hOuse.
Ex-RecOrder Smith, who, since retiring from the
Bench, seems to be the standing counsel for every
gambler Who gets into difficulty appeared on this
occasion, aud 20 managed the cross examination
that Barnard discharged this man and all others
brought up on similar complaints. He also vOluu-
teered the opinion that these arrests we're illegal;
to which the ex-RecOrder assented, adding that had
the officers been shot while making these arrests,
the hOmicldes could not have been punished for
killing them.
This declaration from the gamblers counsel may
be considered as foreshadowng the fate of any
officer who shall hereafter enter gambling house,
ard try to arrest the parties found there without
warrant. The triumphant Smith further affirmed
that the whole business was got up for black-mail-
ing purposes. Now we defer most humbly to the
ex-RecOrder's large knowledge of the ways aud
means by which black mail may be levied; but We
submit that when he intimates that Mayor Tiemann
orders these arrests for any such purpose he speaks
very foOshy. 1t is however some relief to know
that the present Recorder at once solennly stated
that there shall be no black mailing while he is in
Office.
OF the acts of the coordinate branch of this re-
markabe Court, the reader will find account in
another column, where we give certain affidavits
in the matter of the late arrests at the Academy of
Music. Warrants have been issued for the arrest
of Judge Russell on these charges, and that emil
nent magistrate was running around town yestcr'
day to give himself up to Justice Welsh so IS 70
avoid the disagreeable alternative of marching
through the street in custody of all officer. The
peculiar views of law developed in these cases seem
to be that Russell authorizes the arrest of peacea-
BILE citizen while conducting himself with perfect
q
future time annoy somebody else; view borne
out by his own action the next day, when he dis
charged the arrested party because there was no
charge against him. Recorder Barnard, on the
other hand, discharges men regularly arrested and
against whom legal complaints have been made,
cooly saying that there was no law for
their arrest; when he ought to know,
that the ninth section of the Metropolitan
Police act especially authorizes the Police to en-
ter by force, if necessary, any house known even
by common report to be gaming house, aud to
arrest all persons found therein. Such persons are
to be brought before magistrate, aud IF there
- shall be probable cause for believing that they
were there for the purpose OF gaming" they
shall be locked up or held to ball. the magistrate
shall hand the papers to the District-AttOrney, aud
he shall give such complaints the preference before
all others with the Grand Jury. To ind an indict-
ment IT is sufficient to show that the defendant was
arrested within q common gaming house, and is
common gambler. Then comes jury trial, and
if it be proved that he was arrested in such house,
and that he was present for the purpose ofgaming-
not that he was caught in the act-be shall be con-
VlcIed let oesPi'c ths statu'o, onJ ouo Jo"i ou'
and declared constitutional by the Court OF APP
peals, the Recorder deliberately discharges men
who were never suspected of being anything but
gamblers. Measures are already taken to impeach
City Judge Russell for malfeassnce, and if Re-
coIder Barnard does not desire the experiment TO
be extended to him, he should study the statute of
1857 concerning gamblers and manifest little more
respect for its provisions.
The late successful attack, in which our Gov
l. Al. L. h. So.,nA Nraa La al