New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-09-25
CRIMINAL JUDGES AND CRIMINALS.

in this City 10 advance Of these nominations, We
desire to call attention to meai ure, looking 70
radical char &c in the organization OF our Crim IN
Courts, which will ersiuly DO pressed 10 our
stature aud for the success oil when every
law andorder. loving citizen stands 10 duty b'uad
to pray. 1t is but justice to those VINO are 10"
OF ma, hereafter become candidates tor tue ohce'
in question that this notice should be given at the
earliest n Omtnt.
Tho fatal mistake of an Elective Judiciary in
c;.v sucb ss Nex-York is year by year deye ping
more boldly and abundantly the Dead Sea apples
which are it's fruit. But, II our citizens never
n,sv;ously realized the SD ,meless and fragrant ex
,ent To which the Court of General Sessions has been
babitualy prostituted for the purpose OF shielding
criminal. and adyauciog the political fortunes OF
what, yer officers may chance t. occupy the Beech
the proceedings of that Court during the week
which terminated last Saturdsy-City-Judg Abra
ham d. Russell presiding-should fully arouse at
tention, and excite the most active Indignation
every man who is lot willing to see our City and
all her interests delivered over udcialy to the un
checked sway of ruffians, thieves, stabbers, emf
grant swindlers, and all others of that kidney.
We can only glance briefly at few of Russeus
decisions, made last week-the commentary on
them being that he was then candidate for tho
Mozart Hall Democratic nomination, feeling GER
tain that the TammaDy Hall wing of his party
would not dare to reject bis claims. Iii indeed to
be wondered at that tbs l,tter organization did
finally summon courage enough to deny bis imperi-
Gus demand; for il might naturally be- thought that
no outrage could be too great to be perpetrated-
no irtsmy too vile TO be attempted-by body
which had the sudacty to suggest toe name OF a
public and shameless proAigate as that OF fit
candidate for one of the very highest Judicial posi-
TONS But BOW for some brief reference to the
deci,ions made by Judge Russell last week:
| There was, first, the case of notorious thief,
aggape-tmasher and professional tickets SiDdler,
named Hy. d. Smethur-t, who has been for seSe-
raj years-whenever, 10 fact, not conhned IN the
| Tooubs or Peuitentiary-One of the chief agents
of robbery in the establishment for that purpose,
kept by the still more notorious Isaiah Seloyer.
Against this Smethurst, about ten months ago. the
| Grand Jury fouod two bills of Indictment on sep
arate charges; one for grand larceny, aud the
u
the counsel of Smethurst ttat the villain would
quit bis business and thu State if leniently dealt
WITH ore of the Assistant District-Attorneys con-
stnte6, at the time only to prosecute the lesser
Indictment for petty larceny, and to suspend the
grand larceny charge until Smethurst should again
(if ever make himself obnoxious to the law. With
this mutual understanding between counsel, the
oI,o1, "a "a n,ad
to six months 10 the Pepitentary for petty larceny
"A senteLce which expired some two or three
months ago, giving this indefatgable scoundrel
another chance to return TO his professional avO-
cations.
He bad not been out of jail month before he
was again ar ested for tcket-swindling, carrying
on business as before 10 conjunction with Seover,
secretly, and the notorious "Heo. Drake" who is
under Indictment for murder, we believe, openly.
For this new odense, he was again indicted by the
Grand Jury; whereupon the District Attorney at
once revived against bin the grand larceny indict
meDt which had been suspended under The circum-
stances before detailed. This latter oHense bad
been peIpetrsted on man named Hen'y ID.
McAuay of Pennsy lvaDia, who had been robbed of
three twenty dollar gold pieces by Smethurst wale
purchasing u passage ticket for Liverpool ia
Selovers establishment. The complainant had APP
peared before Mayor Tiemann, who referred him
to Police Justice, where-a' he had to leave for
LiverpOOl-he was examined de bene esSe in due
form Of law the counsel for Smethurst being pres-
eDt This written testimony was very full, aad 1t
was alsO proved by Officer Barry, who had arrested
him on the day Of the theft, that the prisoner had
| offered The officer two of the twenty dollar gold
pieces to be set at large, stating at the time
| to Barry that be had "made" eighty dollars that
| day, but did not wish Hen. Drake to know it.
| 1t was in this case that Judge Russell exerted
all his Ingenuity for the prisoners escape, boldly
attempting to break down the credit of all de bens
| eSse examinations by ating that the Jury should
| - look on all such evidence with extreme sus-
"picioD, for perhaps" if they were to ses the
| complainant, they might find him /" sot, yaga-
"bOnd, a wretch with perjury stamped on his
" forehead" and much more to the same effect.
| His argument had IT been accepted as law, would
practically have given impuuity to all the ticket.
swinders in our city, DOW and for all time to come;
for what traveller bound for C,llforbia or Europe,
could afford to wait through all the WEI airy months
| Of postponement which ticket-swindler, favored
by the Court, could cause his counsel to procure
The Judge, in this case, charged violently and with
great determination for the prisoner; but the Jury
| "a respectable and more than commonly INTEL
gent one-acting under the argument made 10
them by Assistant District Attorney AnthoD, found
| the prisoner guilty.
The next case was that of prominent political