New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-10-10

spirecy 10 resist end nullify It, They have refused
to try prisoners indicted for murder, on The plea
that they cannot be convicted under this act
TheIeupon The Albany Argus raises tho following
howl:
The nEanou. Legislature Of 1860 hare a6oLsd an pan.
shmenf Jo, murder. Judge IDgah,n 10 kew-Yor& Ledge
Gcud Ut this Circuit have both declsrei that was needless
TO tr, 6Dy for murder In the present st1ie Of toe las"
R passed which gIs' Pr,51p o ss s 70 o,6
wide az the more certain PgntmoHs Of the "a re o. a ger
of ho,e hypoGncs esP0.ss Is. b h'h IN THIS As many 0'hr
This bi se deonDg murder 10 The first degree ana con
G In eI5e ~ murder the second degree for the
ofenss The deth when rendered not os ere
former atnes In regard TO c,pia puuhmeb Is cootended
The mode OF execution thereto indicated by hanging - $40
but whether by the guons, the halter poison the s40" OF
mader therefore Is the least hazardous oense villain
be guilty Of"
The albany Erening Journal-which fought the
act Of ast Winter throughout, as it did not resist
the really bad measures of the Session the
cry as follows:
The uiserably mistaken philanthropy Of the Leg.ature in
passing en- mpreccsbe and incoapehensbe Cspth Ponh
ment law Is filling Jsils and Prisons with Murderer"
Neither of these journals gees fit to publish
the act it thus stigmatzes as to let its readers
see wherein Gf at all i. is defective. The Journal
is content with pIonounciDg it Incompetence
"ble" and "impracticabe." The Argus boldly
lies BY asserting that it has abolished all pun
" sbment for murder" Had the act been printed
with this assertion its alsty would have been OBJ
vious. For, most certainly, the plain, uudenabie
intent of the act is that persons put to death under
It shall suffer that penalty precisely as hitherto
Suppose, now, that some sharp crimini lawyer
should object TO the hanging of his client, alleging
that TIE law afforded no warrant for inhicting that
penalty. As he is not to be hung for ayear at any
rate. the Ie1t Legislature will have ample time to
amer and perfect the law long before that cavl
could have any practical Importance. There is no
doubt at all that this act 6OCms every murderer TO
hard labor in the State Prison until such punish
:. mept of death shall be inflicted" Then why not
try ard convict them, send them to the State
Prison, and let the next Legislature make plain
what shall be done with then after the year is out
This dodge of Judges Gould and Ingraham is not
entirely original. In some Of the Western States,
where Hanging has been abolished, the Judges
have made business Of bailing out mTderers and
letting them escape. Their cayil was that al but
capital offenses were bailabe, and, az the anti
mar qlDg RctS Dau Dldut uluIutI Ho lOpscl OaPi"A
cGense, they had no alternative but to bail Their
object was to disgust the people with the act aud
thus restore the good old custom Of Hanging; bnt
they did not succeed. And we reckon our judges
will experience a similar ill-fortuue.
The base argus tries to make patty capital out
Of this matter though it knows right well that tie
gentleman who pressed through the measure is
Democrat, and that men of like faith were among
its sror gest and most earnest advocates in either
House And both the journals above quoted are
champions Of IMMUNITY to the Liquor Ira SIC, which
is the inspiring cause of seven eishths of all the
murders committed in our State. If even our
present feeble License Law were duly enforced 1t
would reduce the number Ct murders in our State
by tWO-tbirds. II is ostentatiously defed in our
City because the law defying groggeries are the
chief nurseries ard recruiting stations OF Pro-
Slavery Democracy. So our prosecutors and
judges contrive to foster and uphold their desola
ting, crime melting traffic. Such is the naked
truth. ....-......