New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-16
CITY JUDGE AND RECORDER.

For some reason reasons, to the profane not
known The Herold-inconssteat in all other matters
has been consistent in its support of City Judge.
Never does miss any fair opportunity to laud and
extor his decisons-the rumor being that it will
either support or denounce Tamnany Hall, just as
that institution may see fit to recognize overlook the
claims of Judge Russell 10 denomination for different
post on the criminal bench.
But the City Recorder has been equally fortunate
indeed little more fortunate-n obtaining the advo
cacy Of The Times for the reason that The Times proves
itself four.fold more interruptions partisan in its
au6ations of its IDOL The Herald, in its praises of
Russell never does more than magnify and coordeeds
actually performed, in some shape or other; while
Tie Times in its desire to praise Barnard, has been
led on many occaions into giving him credit for dec
sions in cases of which he officially heard.
In Yesterdays Herald the Recorders severelytaken
to task for having quashed the indictment against
VIM. n. Mcintyre and Joseph C.. Tucker for the Of
tense of having attempted lin the interest Of Gideon j.
| Tucker to bride Alderman John H. Brady. The in
dcent was found for felony, but the Recorder main
| tanned that the oaense, even if proved would only
| amount to misdemeanor-and this, although every
oense punishable either by death ormprisonment in
"a State Prison is specially made a felony by the
revised statutes and although the oense in question
is one punishable by ten years in the State Prison, OF
fine Of FIVE thousand dollars BOTH at the discretion
| Of the Court.
| Against this monstrous mistake or wllful msstate
ment of law on the part Of the Recorder the District
Attorney we are glad to zee, protested BY again SUBJ
mittirg the papers in the case to Grand Jury, tr
their decision The Grand jury in rectisation OF the
Recorder error and in compliance with the painest
dictates of our State statutes have again indicted Nc
Intyre and Ticker for felony; and the DistrctAorney
has "moyed on the case in the Court Of Oyer and
| Termirer," where the Recorder, however anxious,
cannot again lay his fingers on it. ut IL to be re-
gretted, says The Herald "that this case did not
appear before Judge Russell whose prompt and firm
Judicial mind would have grasped the whole SUBJ
"ject," and go forth.
To this praise of the City Judge from The Herald
we have no objection, except as matter OF taste but
to the course which The Times has pursued with re-
gard to the Recorder, offer the most serious and
weI.grounded opposition. For the past year The
Times has positively-perhsps unconscously-fasihed
the records Of Courts, stating that CAGES were
tried before the Recorder which were tried before IL
City Judge, or in the Oyer and Terminer; and in one
very remarkable case-that Of Frank Fowler, the
famons ticketswindler and emigrant ruDner-1he
Times published an editorial than column long
In praise of Barnard for having sentenced this villain
to the State Prison. whereas the facts were that the
Distrct-Aorney impressed, probably by want Of con-
fdence in the Recorder had moved the case to the
Oyer and Terminer, and the sentencing Judge was
Judge In2raham.
Again, in the case of Riley, the gambler, sentenced
10 three years the State Prison by Judge Russell for
having fred at citizen in Broadway, The Times
came out next day lsmentng that the case had not
been tried before the Recorder who was an upright
Judge, and would most atsuredly have increased the
tlree-years sentence by seven years. Ten years
would have been Barnards sentence, said The Times,
"and not day ess" the facts in the Gaze being that
the friends Of the prisoner had made an arrangement
with Barnard by which Riley was to plead guilty be-
fore him and then sentence would most probably have
been suspended The District Attorney defeated this
plan by taking the case before Russell, and hence he
was abused in the Recorders organ.
As an example Of the Recorders mode of doing
busness-and it is a case TO which we would eali
Gov. Morpans attenon--let Ms state the following
particulars: Some months ago, beast in human
share was arrested for a variety and succession OF
ofenses to which decert language gives no name.
His victims were, for the most part, young girls on
their return from echoOl, and the direct evidence
against him poured in with ncontrovertSls strength.
|
Democratic politician Democratic ex-member OF
Assembly a Democratic ex.canddate for State Sena-
tor, and now lander the appointment OF Aid. VIM. j.
Peck Democratic Clerk of Civil District Court,
contestipQ his right to an Office worth four or five
thousand dollars year.
This villain being indicted for his manifold ofenses
the District Attorney, about ten or twelve days since
placed the case ON the calendar for trial. hereupon
to his astonishment, the Recorder announced that
Munday's case was already disposed of"-ths hlthy
fellow having entered plea Of guilty, which the Re
corder had accepted, without sentencing. On inquiry
from the Clerk Of the Court it was found that the
plea had been privately made that the Clerk had nc
record Of il on his books; and from that day to this
Thomas j. Munday has been roaming at large arount
our city, bis plea Of "gnilty' privately accepted BY
the Recorder and not single step taken, either Il
sentence or punish him. Let every citizen having
young daughters sisters look to this matter in time
, The goat is loose
Z Whether The Times win have any special auda
tons for the Recorder on this account not 1t wou
be hard to say. II has many times and oft praised hin
for decisons given by other Judges while, to tn
credit Of The Herald be it said tha. paper has oni!
SPOKEN Of Judge Russell in which hs actuuly hs
before him. Whether Brother Ben Wood viii % ao'
I 10 secure Barnards elevation to the Supreme Bench
. our next election, we cannot say; ou' COT
: tain Il Is he would be most warmly supporte
by all the Rileys, Mpifgsns, Mundsys, Gene''
= tpd BarTys Of our city. lie, TIE Tin'', in future
praise Barnard as much ~ il viii tai coDdDoii'errI