New-York daily tribune., 1859-01-26
rot for tie ho1r but The sse-not FOR the DOZEN o.
the turdred, bot Tor tie million.

Wei suppo.ed The Hor. Mr.. Spencer 70 be sur
fited h crmin. business in our police courts; sna
that be would try and forget everything connected
With bis former practice while in Albany. We we're
mistaken Already be has introduced two oius'
one 70 give. on the trial of all Indictments, toe
closing argument to the criminals advocate; the
other 10 enable every crinin. co1rt to enter q
noJls yrosequi, and to allow the prisoner TO plead
over when a demurrer to az inci,tment Is over
ruled.
The criminal practice in this City is not looked
upon as respectable; the term criInin,l lawyer IS
rather term of reprosch. The persons following
exclusively that branch Of the profession have liz
tie standing in society or their trade. The mo's
of them obtain employment By hanging around the
pr.ors ard paying to police officers commission
Of thirty three per cent on ali business they can IN
Aoence. The District Attorney would not have 8
very enyiable Office if he compelled BY l,~ to
listen to the eloquence Of these gentlemen without
the power Of reply.
The prosecutor hs, the closing argument in
every criminal case, for the same reason shat the
plsintif h,s similar privilege 10 civil actions. 10
rryicg an offender, everything is presumed IN favor
of innocence; the slightest doubt on toe mind OF q
juror is equivalent to an scqui,tsl; the prosecutor
j. required to frame the Indictment with such te'n-
nicsl e1actness that tie omission or addition OF q
single word. DO matter how trifmg, is often fatal
10 it; be must bring forward evidence to prove
that the ofepse, as stated in the indl ;tment snd
Zone other, has been committed BY the accused
the proof must be Of so conclusive nature IS t. be
Inconsistent With every conclusion except the guilt
of the prisoner. Thus, where child 10 basket
vas thrown into river, and never seen at'erward,
the party guilty Of the act was acquitted, oec,u'e
the body of the child was not found, aud there WAS
bare possibility that i! might have been picked
up alive BY soGe Of the many ships IN the viclolty
To this effect the Judge is bound To charge the jury
So strict is the law and strictly dojaries folio its
etter that crimes in this community 60 uppun''hee.
10 an alarming extent Another reason why the
pro,ecutor should have the closing argument is,
because be must state in the Indictment, With the
greatest minuteness, the facts constituting the
ofepse, that the prisoIer may kno~ what
| charge to defend himself against; therefore,
He has plenty of time to contradict wrat Is
alleged sgsinst him, while the State knows nothing
| Of the facts constituting his defense. The wit
ne,ses for the prosecution are generally known u
the prisoner beforehand; if their characters arc
bad they may be impesched; bat the witnesses
for the defense are usually kept 10 the back
ground until the moment Of trial, when the Do
| trict-Attorney has DO time to inquire into oI
inpeach their reputation. Every one couPisin'
of toe difficulty of punishing criumsis-ot tue I'm
| uen.e number Of acquittas, IN the ciearest cases
| vet Ne have never heard of sn instance, IN thu
| CITY. where a mau perfectly Innocent was COO
| yic.ed. What then can be the ooject OF Mr
Spencers bill, unless be goes upon the theory tn.
society should egislate for criminals against itself
We should be very sorry to see every crimna
court including the Petty Sessions, able to eote
| nobe prostqui at pleasure. To do 30, under Mr.
Spencer. bill would be only matter OF discretion
in the Court, for which it would be anensble Il
no one. How often n0iie prostqai would be ca
tered for political friends or for pecuaiary int
| est,, il 10 impossible to Imagine. IL would b.
giving every petty Judge or justice an uOllnte'
con mission to punish or pardon criminals as h
pleased.
In regard to Mr. spencer's bill to allow pris
oper to plead oyer. when demurrer to ao iCdlc'
neut is oyerrui,3o, II is nothing ulv.~ tnsu Dill
establish what has always been established. w
defy Mr. Spencer to produce an instance within CHI
lsst two hundred yeaIs, where prisoner Was eSe
refused the privilege Of pleading over, after do
murrer Nothing is better ascertaiued than that
prisoner may demlr and plead over TO an indict
ment at the time, or that be may plead To to-
indictment after the demurrer s found against hun
| In case Of uisdemesror, demurrer is attended
| with tie same effect in civil cases. Tuere Is
| therefore, little necessity for alteration IN th'
premisef unless the object is TO destroy all analOe
between civil snd criminal law.