The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-03

THE BACK REPUBLICAN JOURNALS AND THE
CIR JCrGr.-Some OF the republican journals
are making great ado about the case OF an
alleged ticket swindler who was recently ac-
Quilted BY q jury 10 the court over which
tie CITY Judge presided, for the purpose
Of establishing a charge OF malfeas ance against
shat Official, whose popularity with the respect.
able and sensible portion OF the community, on
account CT his fearless aud independent course
in dealing with the rowdy class. Is very offen-
Give to ne republican politicians. Whether
the fact that Judge Russell is a candidate for
the position Of Recorder, and is likely TO keep
q black republican out OF that place, has any
shing to 90 with this trumped up charge we are
not uncnaritable enough TO suggest; but certain
Il IL that The circumstances sdduced In evi.
6ence tully warranted the jury Ia acquitting
the accused. and certainly left the Judge no
option 70 charge them in any other spirit than
BE- did The case was this:-The prisoner,
Ward. was a clerk, and, therefore, legally
responsible agent of the only agent OF the
Back Bsl! Inc OF packets, Mr.. Wilson. His re-
.atl0n Is W ilson was established by the written
duced il court; while the connection Of Wilson
With the line, as its only authorized agent, and
one who LAC acted in that capacity for the last
ter years, was sworn to by Capt Marshall, one
Q. the owners Of the line.
The ticket which the prisoner sold, more
over. Wa . genuine ticket and not bogus
cne. The question at issue, then, clearly was
whether Mr.. Wilson's CLERK, who held his su-
thoriy . act for him. could legally sell tickets,
0. whether that power was confined 70 Wilson
In ais o~n person. This raises the point at
crcs as 70 he responsibility OF principals with
regard &c the acts Of their agents, and the right
Of principals to delegate authority TO their
agents aad clerks-a question which has been
settled louy ago. Nevertheless, the Assistant
District Attorney, in this case, contended that
Wilson alone had power TO se,i the tickets, and
that nc e.erS or agent Of his had any right 70
oct fo- hin even in his absence. This strikes
Us "A a curious definition OF the law governing
tie relation between principal aud agent; but
Il was OF course the duty and the interest Of
the Assistant District Attorney TO make out the
best cese he could. II fortunately happens,
however that II Ii the duty of the Court to lay
the law before the jury fairly. without prrju-
dice or favor, and let them deal with the facts
The facts, ~ proved 10 evidence, were that
Wilson wss the person properly authorized by
the company to cell tickets, and that the
prisoner was the agent OF Wilson, duly licensed
By him 20 perform the same duty 10 his behalf.
The Judge charged that il the prisoner was
octing as q clerk Of Wilson be bad a legal right
to sell the tickets In the same way a. Wilson
himself, ard that Wilson could delegate the
power to any one be might select; that II vas
sinlila- % q license granted for the sale Of
epirituous liquors, the license authorizing the
party to sell; but II was absurd to suppose that
the licensed party could not delegate the power
&c sell 70 any clerk or barkeeper In bis employ
The jury took this exposition of the law from
tie Court, and, being satisfied ~ 70 the facts
found in Evidence, they acquitted the prisoner.
Eor this the republican press raise hoSl
against Judge Russell. They abuse him Do
cause me Jury acquitted In . case where both
iaw and evidence justified them In 90 doing,
and charge aim win favoritism and all kinds
of crimes. The truth 10 that Judge Russell Is
zoo popular with the class Of people wSoss
good opinion il worth anything. He 10 the
sblss criminal Judge We have had this qasr'sr
of eenlary; be has been fearless and inds-
pendent n all his courre. and not single de-
cisiou n ais has been reversed BY superior
court AID this very csse, ve vin vsna~s "a
sey III he confirmed n II Il ever tskeo 70 a