New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-03
AwARNING TO JUDGES.


South Carolnian synonym, have done much to re-
lieve her Of the mputation Of blindness under which
she formerly labored, and to prove that she can
take as sharp squirt from under her bandage as
the keenest Of us. We torbear to dwell upon tho
eccentricities and gambols in which our Themu
hath INDUCED herself upon the benches of our city
Courts restrained by that reverence which we
feel in the presence Of all our municipal institu-
tioDs. But our readers can bear us witness that
we have never been sIothful in giving such plain
and unvarnished reports Of the doipgs therein as
became our character as the brief chroniclers oil
the time. But, as consistent advocates Of cheap
popular amusements, we trust we shall never see
this civic divinity playing the extraordinary prank
which her British cousin performed in the Thames
Police Court, LondoD, the other day, according to
recent reports.
One Mr.. Robinson was arraigned before Henry
Selfe Sele, esq, one of the sitting magistrates for
tbatdstfict for taking part in the Anti-Puseyite
riots in the Church of St. George inthe East, of the
nature of whichwe presume our readers to be adj
vised. He was not complained of under q certain
act of Elizabeth against brawng in Churches, and
the facts being proved, he was sentenced to the
penalty provided by that Statute, which was fine
of two marks, the mark being Of about the
value of thirteen shillings sterling The
fine was paid, and the parties and
their solicitors went their way, thinking that
there was an end to the whole matter A few
days afterward, however, the solicitors for the
prosecution and the defense received request to
appear before Mr.. Selfe's tribunal on such day.
Whatever they might have conjectured to be the
reason of this summons, the truth could hardly
have been suspected by them until it was ntnated
from the bench. Addressing these gentlemen in
an open court, Mr. Selfe said that he had sent for
them to correct au error into which he had mad
vertently fallen in dispOsing of Mr.. Robnsons
case. On examining the statute under which ne
had fined the defendant he had found that it gave
the magistrate no power of disposing OF the case
finally, but only of binding the party over to ap-
pear before the Sessions. Accordingly the sentence
he had passed on Mr.. Robinson was illegal, and he
concluded by saying that all the reparatiou he could
make for bis error was to fine himself the amount
be had imposed on that defendant. He accordingly
drew forth from his pocket the sum of 70 shilngs,
or whatever the precise amount of two marks may
be, and paid it over to Mr. R0binsons solicitor 10
be refunded to him. Mr.. Seize stated, however
that there were other laws by which summary
jurisdiction was given to single magistrate Tor
this offense and under which much severer SEN
teuce might have been passed. So that no sub
stantial injustice was done in the premises through
his error.
, We are afraid that Mr.. Selfe can hardly be
deemed fit for the judicial Office, after such pro.
ceedng as this. At least he would not be, in this
country He should have remembered that Judge
is the only person who is permitted to be ignorant
of the law. If any lay person violates one OF the
laws of the land and pleads in mitigation of punish
ment that be did not know that what he did was
against the law, the Judge blandly tells him that
every citizen is presumed to know the law, and if
he had failed to make himself acquainted with it,
il was his own fault and he must take the conse-
quences. But if Judge mistakes the law, he Is
allowed the consideration due to human inirmity
and nothing is done about it. That thus constantly
happens lie proved by every case that goes up to
higher Court on exceptions, in which the decision
ofthe Court belowis reversed or new trial granted
because Of misdirection. However this may be,
we trust that this precedent will not be permitted
to enter into our municipal administration OF
Justice Just imagine our City Judge, forinstance,
whose apotheosis We noticed last week for not
having let off without punishment rufian who
pleaded guilty to charge of assault with deadly
weapon, Just imagine him informing the Prescott.
ing Attorney, one fine morning that he had made
up his mind that he had erred in Judgment in only
having fined the william ak cents who committed
deadly assault upon Capt. Stone, of the Plymouth
Rock, and that he accordingly sentenced himself to
three years hard labor at Sing Sing. And that
whereas he had cOnnived ut the escape OF Jim
Irving and Frank McCabe for nearly beating
policeman to death, because they were his own
personal and political friends, he doomed hmselfto
two years at Blackwell's Island in their place, Mt
the expiration of the first sentence. And then
descending from the bench, holding out his wrists
for the rufles, and taking his place, with glow OF
'martyrly enthusiasm, in the prison van, en- route
for his self imposed destination.
You will readily perceive what change prac.
teal enforcement of such SefDenying Ordi-
nance I've protest we mean no pun as this would
work in the constitution of our criminal courts.
We 81 ould have Aldermen who had been taking
straw. bail over night to release their political bed
fellows from the Station. House or the TOmbs, in
sstine upon going thither the next morning and
taking their place. We might even have the tragic
spectacle Of a judicial Damon insisting upon
mounting the scaiold from which he had contrived
the escape of some political Pythias, and being