New-York tribune., 1867-10-05
Spurt MarOrn's gOtitt.
CIVIL COURTS.
SUPERIOR COURT SPECIAL TERK-Before Judge
hcCUys.
THE LAW OF vAGRANcY-OPINIoN BY JUDGE
N'CI-NN
The Peools ast. James wnd,y.


THE LAW OF vAGRANcY-oPINIoN BY JUDGE
M'CUNN.
The People ast James wiiey.
This is return TO a ceruoriu OF proceed
u0s had before a Police Justice in OF yaeralcy-
The charge by the officer making the oath before
the committing magistrate against the prsonsr ~ that
he was In the company of thieves OF the BCbokeD
ferry boats the affidavit also states that prisoner is
thief, pckpocket and common " vagr grant ,,s c,,roe
said that he 26 years Of was born IN this CITY
aud wholly denied said charge, and added 81 nave am
ple means support own my own house aud lot ve
In am not q thief; was never convicted VI amy rime
Upon this state OF facts and without any cr,s.S s-
q vagrant, and sent him TO the Petentiary ior
II viii he seen at once that the charge made in ths
committing affidavit is too and uncertain 10 base
conviction on aIe evss apd ,n' oMed up With the
charge that lie thief pickpocket and Nagrant 90
rot make nun sue such ot Inc him bef instead ~ de
igatng him by that name, the facts should Ps elrcum
satIay detailed anu then tne law W., wouu c snS cT
eumstances of the committing OF te crime soaa Dc ie
forth fully so as 70 euaoe az Ihe o 20 o ei
mine In law whether the person Is vagran or not All
the allegations IN me sucn ~ ' e 'npsions Of
law 20 be arrived at only by inc nasstraiT alSer te
legation OF contained in the affidavit Is that he was
found the company Of thieves and even ts allegation
whose company he was thieves another CONCLUSION OF
lsw) 1t does not appear IN any way iron he pro,,ed
the officer designated them such. A person cannot
diSprove that he is thief but he dispove the facts
alleged and which In law tend 10 make him thieL !he
prisoner may be bad man, thief ana ,agriut put
until he IA proven such the law throws us protection
around b alike with the innocent This Is proper be-
cause those who not guilty would fequehty snilrf
n contrary rule prevailed Indeed we have seen par
ties whose preseuee at Objectionable 10 tho
accused but who were the very reverse Ot Vagrahts
deprived of their liberty in TINS loose and summary way
ihe sfrict rule OF law should be applied IN MI such
cases and them and then OILY. tho ends vi justice VIII
best be served. - -, .- T.. ~ -. .
Again have before with the return IN ihis case
certificate from the Clerk OF General scssons heeais
mo record OF vlcon for vagrancy III the has
been filed in that Court The statute requires sch record
10 be fled and without it the conviction Is c0mpe,e
and the usua practice 10 discharge the pen IN tho
absence OF such record In the ease OF tho fse aet
GRAY decided By Justice lngraham, and In the case
OF the People agt Forbes decided by Mr. Jutce sthe
land both these learned Judges fully nustaD me IN All
my views OF the law IN this case. -.
should perhaps have discharged the prisoner wlIhoni
comment absence of the charge OF crime IA thS
papers II too apparent. have, however stated ny
views IN brief FORM as 10 remind tnosc Mhoe uJ IL
IA 10 examine those cases. what is required ~ Law III tho
premises. ,.,
The prisoner must b. discharged