The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-08


Charles Augustus Davis, foreman.
John Aitken, Edward Fletcher,
James 8. Aspinwan, Robert Hone,
Joseph Applegate, Edward O. johnson,
Lewis X. Bridge, William r. Prout,
Samuel w. Bass, George d. Phelps,
Samuel H. Cornell, Barnet L. Solomon,
John Commerford, Noses B. Taylor,
James G. Deforest, George n. Wheeler.
THE RECORDERS CHARGE.
The Recorder then proceeded TO deliver lengthy
charge. he first alluded to the great disparity which
existed in the character Of sentences which were some
ines altogether dsproportonate TO the nature OF the
offences He thought that the most desperate class Of
criminals were those who committed burglary in
the third degree, the maximum Of whose punish
ment is five years in the State prison, while, para
sere guilty Of forgery in the second degree Gin
duced 10 90 asray through the influence Of improper asso
cations or the temptations Of wantwero "compeled 10
become INSTRUMENTS and accompces in guilt''-were
duped into the commission Of the "young
cime not years." His Honor pleads eloquenty for
them when he says-"Such inequalities in the grade OF
punishment and the temptation Of It's recipients have
long been apparent and they engender species Of
tempt the laws which thus tolerate what the dulest
intellect must regard as an injustice The whole Of the
law relating TO the apporonment OF sentences should be
revised 30 that larger discretion may be reposed in the
magistrate whose duty 1t Ia TO fix the term OF imprson
ment Unless this be remeded great injustice may be
done both to individuals and the community. Many
cases arise where short term of imprisonment might
very properly be assigned and the result would be- the
Of numbers Of unfortunate young from the
paths Of crime but the requirements OF the statute now
leave the Judge no alternative but to pass sentence in
accordance with it's provisions Next TO the protection
of society the reformation Of the offender should be kept
in view, and II many of the crimes punishable by
Imprisonment in State prison were in the discretion
of the judge punished by committing the accused party
TO penitentiay this desirable end could be effected in
majority Of cases. There Is but small chance, it, in
deed any, Of reforming criminals who have been
confined within the walls Of State prison, while expert
continually shows that the less severe because less
infamous punishment in penitentiary, will effect every
aim Of justice without axng 70 the unfortunate the life
long disgrace which, like the brand Of the galley slave,
After thus throwing the mantle of charity the bes
Of YOUTH he observes that degree Of uncertainty and
axy attaches TO the administration Of the law cacu
lated to increase that wholesome respect for it's power
which is Of the best safeguards Of the community"
and adds that unless punishment is made certain
and prompt, laws will lose, great degree, their
efficiency" lie then called their attention TO the
delays and the increasing complications which seemed Of
recent years TO have been grated the practice prevailing
in criminal cases. whereby through the agency Of political
influence that obtained by money bad men are enabled
for years to battle all attempts to bring them TO the punish
ment due to their crimes 1t only Necessary refer
what not0rioushe motions from court to court the
stays Of proceedings matters Of trivial import appeals
and various other legal contrvances by which the sub
stanta ends Of justice delayed and frustrated
These legal devices carried on until all interest In the
subsidized the required legal proof destroyed by
rupted tampered with. While fair trial should be
cured TO all both high and low rich and poor was too
often the that wealth could transform the terr0rs Of
such ordeal the most into mere farce
In speaking of the police force, he sadI am satisfied
be found deserving will have tendency increase the
public confidence in the mode In which the guardians Of
It's selected and to remove the acerbty Of that
ical excitement which aroused by the establishment
Of the force, and the in which its ranks filed
The nadequacy Of the present organization will be
when it is considered that there nearly five hundred
miles Of paved streets in this city, and that the whole
numberof men patrol duty at one time is only about
five hundred men, about to q milo. At night,
especially this weakness Of patrol force apparent
and calls imperatvely for considerable augmentation.
Indeed when this psucy taken INTO account and the
matter Of surprise that the list Of outages and crimes Is
not still alarming. The Recorder then alluded 70
ne puS Sue and general public
although powerful auxiliary securing reform, ss,
.as @ as o1nsa L. Ssas i on s
that the citizens took bis advice in supplying
charge duties Of So much as those Of the
Judge proceeded to descant upon the amount Of nte
gence which juror should possess denounced e
of the law, whom he said affirmed that ignorance, ndo
lence and indifference the qualifications necessary
for the proper discharge Of jury duty and wound up this
the part Of those in ofce the jury systeml will
vindicate ITSELF not only in nsuring protection against
aaa the
trainers OF fundamental law. who have declared that
it shall remain invioate forever" The document, which
in reference to the laws against lotteries, that
the desire Of gain and the thirst for the rapid acquisi
ton of wealth deeply implanted In human nature,
aud that just 80 long lotteries tolerated by the
laws Of any of States in foreign countries there
would be conraband in tickets Numerous complaints
had been made at different times by various parties for
alleged violation Of this law and in every instance he
had found that they originated by rival lottery con-
Germs or professional black malers. Any attention
given to such proceedings only aided party obtain
ing monopoly of the immoral traffic at the expense Of
the other The laws were not passed 70 protect one
interest to the exclusion Of another but for the benet
Of the public who the sufferers by its continuance.
In conclusion the Court called the attention of the Grand
Jury TO the usual TOPICS and informed them that those
statutes which had been passed TO secure the purity Of
elections to be brought specially before their notice.
The Grand Inquest and the audience were then enter,
Our political sytem said he rests the ballot box the
whereby the will Of the people expressed in an
orderly manner The form Of our government in It's great
leading features Is near perfection any human nst
tuition be- but in the hands Of vicious and degraded
even iyrannica as any other Of the forms which are
justly regarded with aversion, as hostile TO liberty In
the fundamental idea on which they are based One Of
the most lustrious of statesmen, continued the
tor has very recently and most emphaticay alluded TO
the Of money in elections and has warned the people
against the manifold evils Of this practice He feared that
IL existed in this city to very great extent and that not
only ruianism and crime were fostered by this means
indirectly but the very fountains Of public justice were
poisoned at their source. The man whose aid ICON
tnucd the speaker) has been purchased by the dema
gogue ambitious asprant today feels that when he
Of his accused Of violation OF the
law he has claim on the influence of the who has
been joined with him in offence grave, If not in
famous, the for which he himself seeks immunity.
Thus crime leads TO crme and tants successive portions
Of the body polite until all more or less vltiaed
The Grand Jury retired to their 10 enter upon the
discharge Of their duties, when the petit jury panel
called and the District Attorney proceeded with the bust
meas OF the court.
David Barry and Teddy Ford (youths) indicted for bur
gary IN the third degree pleaded guilty TO an attempt 10
commit that offence Barry sent to the penentary
Tor one year, while Ford sent 10 the Institution
for six months.
Johanna Barth, charged with committing felonious
assault upon Catharne Nagcl, pleaded guilty TO
sault ana battery and, in consequence Of being
man, che sent to Backwes Island for three months
The complainant and the defendant both inmates
OF Dutch dance house and brothe and the Recorder
tha .i-rx
occupation he would issue bench and have all
the houses character In the city broken up at once
announcement
Patrick Ianc indicted for the murder of jeremiah
Iooney pleaded guilty to manslaughter In the third de-
gree His counsel asked TO have the sentence reserved
in order that he might prepare afidavts In mitigation Of
punishment, and the prisoner was accordingly remandcd
for sentence I'LL the last day Of the term.
There being other cases ready for trial the Court