The New York herald., 1869-03-02


times demonstrate the TACT that It has now become
standing battle between the authorities aud the
justice e q cr%e aSd
ON the other And the people look 10 the authorities
for protection let them not look In van Let eye,y
Official ~ TINS trying hour prove himself worthy VI
the peoples confidence. Let not single man prove
traitor to his oath. In order TO facilitate the ad-
mlnistration OF justice deem II my duty TO make
allusion 20 the "Crlmnal Code or Procedure pre-
pared and framed several years ago by Messrs.
nav,a Graham IT, William Curtis Moves, Alexander
gentlemen, permit me 10 throw passing n0wer 10
the honored memories OF Graham, Noyes and Brad
10rd ior they were indeed bright luminaries OF our
noble profession, and although having passed away
70 the undiscovered country from whose bonrn
Prints on the sSnds ~ their ne sbers ey
have attained niche In the great temple of
iame OF no mean or equivocal character. and have
LEFT an example worthy Of limitation. Sucn men, In
deed, ennoblc our profession ! am pleased 70 say
that the fourth gentleman, Mr. David Dudley Field.
standing he does In the first rank, is still with us
adopting this crimnal code, believing that 1t Will
be instrumental In removing many impediments now
most delicate branch Of aw-crimnal Jurisprudence.
For many years the aid Of the Legislature has been
work, out Without success, and am inclined to be-
leve that the real reason was that some OF the
members OF the past legislatures have been co'n-
posed OF men who, judging them by the attitude
they took against this code preferred for Their own
selfish interests, not 10 have the criminal law
Stripped OF many Of Its cumblous and faulty
formulas (Which are entirely unsuitcd 10 this progress
sive agc, or IN Other words they preferred TO nave
the law remain In its present unsatisfactory conLi-
ton. But II Affords me pleasure TO say that the
present Legislature, however, is feel assured, COM
posed oi men who approaching this age OF progress
are endorsing this code and In all Likelihood WIN see
There hus been OF late much comment made by the
press and also many remarks by iaymen = ,hat tne
fully aroused, and appreciate the responsibilities de-
volving upon then--in one word, that tney are be-
coming vlgilant. These remarks believe 10 be
erroneous, and my practical experience Tor the last
four years. as one Of tile prosecuting ollcers Of this
county, has taught the act that the 0rlcas have
always been full Of energy and never iai ed ana have
always whenever the occasion required II, promptly
proved themselves equal 10 the emergency OF tine
times. The bold ana daring reckessness which VI
late has characterized the preparation OF crime
has necessarily attracted pubic attention to the
practice 0f the courts, and consequently the peope
labor under the impression that the authorities
vtgllant than heretofore During The term mat
had the honor Of representing the people AZ AS
sstant District Attorney 1t was my lot 10 prosecute
IN nineteen homicide cases. Some OF the prisoners
explated their upon the scanold, others were
imprisoned for the term OF their natural lifc, and
many other prisoners were tried and convinced of
felones ana sentenced 70 long terms OF imprson-
tween did not at the time much pubic atten
ton. But IN those days when the officials felt tiIaI
they had u duty to perform they did II quietly and
Tor siinpy doing that which they have registered an
oath III high heaven to do. on all proper aud
legitimate occasions. There IL no laXlty on
the part OF the oucials- The record Of this court
speaking for Itself, needs no comment, and fully
susta'ns me IN my assertions. but there IL,
am panied TO say great axity on the part OF laymen
when called upon 10 take an active part In the ad-
mlnstration OF justice. And these very men, he 1t
forever their shame the first to char the on
cals with laxity and indifference. For example,
take the men summoned, and mind you, ironI all
walks OF society, TO act as jurors nv associate and
myself, well Us our predecessors could tell you OF
the petty excuses, the miserable suoteriuges and
oienti,ncs the wlfnl prevarication offered on the
part or those summoned as jurors III the hope OF
shirking jury duty And how are we to account FOR
this state OF afairsY the explanation ~ a simple
one. u ~ individual sefshncss versus public inter-
est For the remedy we are tn ldok to tne aeRsla-
ture. And this same Individual seislness, lcL me
tell you which urges the man ON to escape jary
duty, as0 IA II were, oitenilmes inspires the CON-
painant and the witness 10 snirk tncir
duty, 10 make them indifferent rs to tile
administration Of Justice, and sometimes to make
them even unwilling witnesses. rnerc are many
men, and regret 20 say, men oi wealth and probity,
in TINS city and speak now from practical expe-
than lose iey days from their business. and IN
convenicnccd by waiting IN the court for Their case
TO be tried, are willing 20 allow the guilty to escape
and To 20 unpunshcd. II men summoned as jurors,
and parties subpUnaed ~ complanants and as wit
ncsses would prove as honest and as Determined In
ther endeavor TO check crime are tue D.nciais,
then, tnaeed, we might all hope and not IN vain,
that crime would he promptly and readily con-
troiled while ON this topic oi jurors, their duties
and responsibilities permit Inc TO direct your attei-
ton for an instant 10 recent tria fresh IN our
memories, aud IN dong so wish to be DIS
this case | do not desiIc to create one feataer's
weight OF bias Or prejudice against the unhappy mnn
lar DC IL from INC JO uutln " hIuQic iHuT ou MS
head. His cup OF bitterness ~ indeed full. May nc,
while In his lonely cell, during the brief period al
lotted for his earthly existence. make n peace Win
world. My only OBJECT IN alludlng to this nielan-
choly case IL TO draw COMPARISON between the
conduct OF the Judge ana District Attorney on the
nand nnd the jury Oh the other, Ia the tral Ot
this case Twelve intelligent men were summoned
as jurors vested with the exercise OF the highest pre-
rogatIve known TO man. viz.:--to adjudicate. under
the sanctiy OF an oath, upon the most inomenious
Issue which can be presented for human
sltttstr raIfs ha tglIA nj mr.
ing themselves TO the State to he guided by the
testimony, ana 10 render u true verdict In accord
ancc with iAc sworn statements OF the witnesses,
under these solemn circumstances how did the
jury discharge tnclr obligation 70 thcSommnnityY
TN the evidence presented tncy ionnd the prisoner
guilty Of murder, with recommendation 10 mercy
The why and the wherefore ask moi, care not,
stiil the great fact renans Contrast this verdict
with the honest and energetic prosecution Of the
District Attorney; contrast this verdict with the
prompt and fearless manner In which the Judge
meied out the penalty prescribed by the law. Is II
adventure To every unbiased mind that on the one
hand the jury stultihed themselves In the rendition
their VERDICT WHILE on the other. the Judge aud
the District Attorney sustained the majesty Of the
law and iuly vindicated their official 0athsg And
now "a s, n may .nc ~ ~, so =,
fabric Of society depends, IN great measure, the
prompt award OF punishment Tor crime, and that
mistaken philanthropy should never be suffered To
interfere between their individual sensibliitles and
the due execution OF the law. They owe II To
the people, 10 whom they stand in the sacren
forced at all hazards, and that crime be emphati-
cally reOukcd by It's prompt AMI righteous punIs
ment. Ia thus way, and ~ no other can the strong
arm OF the prove nj once All ris foi the people
and "a terror 70 the cvIi-doer. We are told by high
authority that the aim and object Of human punis-
ment N not by way OF cXpihtion or a.onencnt for
tho crime committed for that must tie left 10 the Just
determination Of "a much higher tribunal; brit the
aim and object 0f oil human punishment ~ example,
10 deter others from the preparation OF similar out
RACES. Win these remarks gentlemen, VIII order
10 be placed IN your hands u "Bief for Grand
JurDr9.p urellred bv the CN-DtNtrtCt Attorney A.
Oakey Hall. This brief viii prove OF great service
aud value 70 yvu In your deliberations during the
present term; for II contains many valuable suggea.
lions aud all the necessary rules for the guidance II
a Grand Jury. Gcntlemen, you may now retire and
enter upon your dutica
The large assemolage OF lawyers and distinguished
citizens Who listened TO The charge Of the City Judge
spoke M unqualified appreciation OF the sentiments
enunciaed aud Of the beautiful language Ia which
they were expressed.
OS1alcT c0UlI.