The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-06

ed by five men, who knocked them down and robbed Tho
man of eight shlings which he had in his
few days was indicted tried and convicted in this
court, and sentenced by me TO forty years mprSon
most posit t cSaractep This case was made the
subject of severe comment in some OF our daily papers
in this city stating that the amount Of money taken being
but few shilngs the punishment too severe and
defeated own object They would have been right had
the magnitude Of the offence depended, in
offeopy on the amount Of money aken but in cases Of
tins kind il matters not whether the amount is large or
small the feonus taking Of the same from the per-
son by violence that the offence and Tor which
the law imposes punishment of not less than years
in the State prison The section of the statute referred
to reads thus" Every person who shall be convicted
irom his person, or in his presence, and against
his will by violence to his person, or by pushing such
person in fear Of some immediate injury to his person.
q s., 564 article 9th, Sec 55) There is other
case which deem my duty also to call your attention
otbat OF the captain of one of our Eastern steamers,
who lodged complaint and had Indictment procured
against hickman by the name Of Lunnigan for assault
and battery, which tried before me in this court 1t
appeared from the evidence early the morning on
the arrival Of the boat, Lunnigan went on board
s asS went aft and there mss the w snp who
baplied that he passenger; t.ey stood up,
ecapan leaning against the barber shop for few mo-
ents when he said 10 Lunngan nearly all the passengers
had gone, whereupon Lnnnigan replied, Well, then,
will co. and he turned % leave, when the captain struck
him; lunngan turned and Knocked him down and went
forward to the gang plank the captain then went TO his
state yoom, got watchman's club, and struck Lunngan
three times the head and shoulders Lunngan then
closed In with him. and they fell Lunnigan got the club
away and struck him several blows with it," This was
in substance the whole evidence in the case testified to
by the captain those persons who Witnessed the trans
action. thereupon charged the jury that if Luungan
when he board Of the boat ransgessed any ofhe
rules, it was the duty of the captain to tell him so, and
order him 10 leave, and he refused the captain would
have been justified in using just much force
cesary 10 eject him. he used he rendered himself
liable, that when Lunngan started TO leave and walk
ing away the captain was not justified in striking him,
still less IN getting club, when he was nearly off the
boat and renewing the assault, and that Innnigan was
therefore justified by law in protecting his person from
the violence OF the captain. The jury took different
view Of the law and convicted him This Court being vested
with power TO set aside convictions and TO grant
trials upon the merits for irregulay the ground
Of newly discovered evidence in all tried before this
ourt-( CD vol Laws 1857 chap. 100, sec g. sub q D.
70Of deemed it my duty instead Of directing the Yer.
dict TO be set aside and putting the county to thexpense
Of second trial which under The law would have resulted
IN an acquathe punishment in cases of assault and bat
terry being discretionary with the Couro exercise that
discretion by imposing nominal fine of SIX cents.
This also has been made the subject Of unjust and
malicious criticisms in Of daily and Sunday pa.
pers, and in calculated 10 bring the judiciary
into dsrepute and contemp and nasmuch as am at all
times willing that my private and judicial acts should be
fairly scrutinzed, AN not willing, nor will permit
them to be subject to deamatory reflections and concu
sons drawn by the public prints and not warranted by the
proceedings for when they cumnate the proceedings of
this court has the tendency TO weaken the ad
aen Of the ass a of the co p e very
undoubtedly within the natural compass Of the liberty
Of the press 10 discuss in decent and temperate
the decisions and judgments of court Of JUSTICE
gest even error and provided be done the language
and with the view of fair criticism to what a
parently wrong, but with this limitation, that false
dishonest motives be assigned 70 any party. fair
plain and honest account of the proceedings Of
court Is not libel but a partial and dishonest
form DO part of the subject matter before the court
is libel and cannot be justified. Therefore 70 allow
the press 10 be the vehicle 10 iDiure the character
Of individuals and bring into hatred and contempt the
administration OF justice in this country would soon de-
prave the moral taste Of the community and render the
DC m no al
year have submitted 10 these unjust aud malicious criti
csms, because IL my determination when did act
in the matter that should be efectuai, and if repeated
shall feel Il my duty 10 invoke your aid and The power
vested in this Court by law punish and check this cen
onsness During the last year differences Of opinion 10
the construction Of various laws have existed between the
then Recorder and and this Court in consequence
thereof have not been uniform consistent in their de-
csons but the strange anomaly has been presented OF
one Judge at one term deciding the law one way and
the next term the other deciding the reverse that ds
greement and difficulty am pleased TO say, no longer
exists The present Recorder-wbo gentleman Of hne
legal attanments-and myself have consulted together
and carefully examined all these disputed questions, and
do differ in any particular, that hereafter
con OF one will be that of e Court, and will so remain
nnti reversed by cceft Of appellate jurisdiction
the city snd county 81 New York. All offences OF cri
mnal nature can originate with yon aud all the Court
do TO urge upon great caution In the exercise az
this power aud u adhere % the rule ~ entertain
CON- p,s IN The ffst instance unless whore the party
urho be Indicted resces out OF the State, and has to
Dc hfofh within 80 jurisdiction upon the feq5s 90 Of
the Governor where 10 prevent the statute Of limta
hens attaching favor OF an scenssd PATTY residing
10 al tasnces, saving murder, charged npon
rhabitaat resident Of the state the law requires
ndlcmsrts 10 he found ard filed In the proper
within three yeau after The commission OF the on nee
~ 70 murder scuognt o. its heniou'ncs the law fixes
70 limitation std an indictment can found az aus time
nrr he death of tie person killed Res oud the two ia
fgrcfs uarnCd. unless In OF great public emergency
knowing Tie public health happiness comfort peace aud
welfare, intoxicating, as were, the whole communiiy-t
would he well Cor the Grand Jury, unlees the c,rcuu
stances very peculiar, TO receive no accusation not
animation had before a magistrate. Whenever q charge
Is presented TO you which concerns individuals
r n,rs 'sh e paOnc VINE, h. M prTausVe
which strikes you as founded rather in desire TO
redress private than public wrong, you should
serutnze closely, lock into the motives for Nexamne
the witnesses with unusual PARTICULARLY and satisfy
re with more than ordinary and caution before you
make prescntmcrt You can advise with the District
Attorney Nil questions that may arise before you he
he present and aid required Ia the examiua-
ton Of witnesses, and Is permitted at all times 70 appear
before you, bis request To give information rea
tive L. any matter cognzsble by you but neither he nor
any person be present during the expression Of
TER before you There several statutes which theN
Court, Of each term, Ia expressly required TO
call the attention Of the Grand Jury The s,atu'. against
loan forbcarance OF money, declared IN DO inside
mcanor Also the law Of cxortion any public officer
taking or receiving larger fees han are allowed by the
laws Of the state be punished In Ike manner Also
the Law relating Ia lotteries any tstc Ia deemed unlaw
free exercise Of The elective anchisc or BY bribery or
other corrupt attempt 70 influence electos In
giving his vote, 10 declared an infamous offence,
aud s punished severely by fine and Imprisonment;
and also the 70 suppress ntemperance and 70
late The sale Of Intoxicating liquors. passed April 10, 1897
ny thai act made my duty TO instruct you 10 inquire
INTO all offences against ia provisions and II present AL
offenders under and slso all persons who may
he charged with sdutcratnR imported other inspxcaf
Ing LIQUORS with poisonous dclctcrous drugs or X
ture. .peinr sbe .ame, with knowingly imrorsng
eclliugjntoxcstiug liquors vince aulters,ed with
poso1otr celcterious drugs or mixtures By the 2st
section Mkhis act made mi-demeanor FOR inU,
tavern boe keeper person licensed 10 se Gnor or
give away intoxicating liquors. wines on Sunday
Il has been commended that this section OF the &C,
relates to all person whether licensed not aud that the
word whoever In the sct contracts H. and does not
limit lite those who licensed, bu. has reference 70 any
person whatever. have carefully examined this section
and have concluded that only refers those that
licensed and not TO those persons who may violate il
provisions without taking out license for find
Of the esaahiish Nc4rorolnar Pncc