The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-02-07
Foolish Attacks on Judgcs-SomethinG
for Gov. Hoffman to Do.


Judges that wo may soon expect, when chil.
drcn have whooping cough, mumpe, or mea-
slcs, TO hear their troubled mothers com.
planning of the Judges for the prevalence Of
these maladies. But while weak and foolish
people spend their breath in dcnouncing the
Judges, IL is almost always in the general
we scarcely ever are able to fasten any dis
tinct, definite calumny on the sl0ndercrs.
There is a very poor and disrcputable
| paper published in this city called the Neu
York Times. II was originally started as a
one cent paper-like the Daily News-tut
after having sunk large part Of its capital,
by dint Of raising It's price II contrved to
struggle on. 1t finally passed into the hands
Of q body of Englishmcn. and has since
lived by denouncing American Judges who
cannot be bullied by arrogant Englishmen
out Of tho strict line Of duty; and the
paper is still continued. either Ms
daily or weekly. Formerly, when
tho paper was sold by news
men, we used to buy copy, and always
finding some mean attack on the Judges in
| It, we used to demand Of the editors TO mako
the charges definite but they would never
do So because they could not. Judge BAR.
SARD was the particular object of their OF.
tacks but his coat Of mail being composed
of learning and integrity, the poisoned shafts
of calumny glided off from It as nom bur.
nished steel. never finding loose joint whero
they could penetrate.
Now, ns an exception, we have a specific
charge against ono of our Judges-no other
than the mild but firm CARpozo, on whose
scholarly face, ns you see him on the bench.
you almost fancy that the glow of the mid.
night study lamp still fingers. This attack
is made by the Albany Argus, a journal
which is usually accurate, and which we
have frequent occasion TO commend, but
which is wholly out Of its reckoning this
time.
The charge is that Judge CARpozo recent
ly issued q writ of hdbeds corpus for one
HENRY KELLY, prisoner confined in the
Montgomery county jail ; that KELLY was
brought down here by Sheriff HEoENAN,
Of Montgomery county, and while in this
city, and still In the custody Of Sheriff
HEGEMAN, KELLY escaped
The Argus censures Judge CARDozo
l. For issuing the writ Of hdbeds corpus
for q prisoner who was confined IN another
county and
2. For the escape Of the prisoner.
Let US see about this.
First, as TO issuing tho writ
The Revised Statutes provide that Epery
person committed, detained. confined or re-
strained of his liberty within this State for
any criminal or supposed criminal matter"
except 1t he by virtue Of process issued by q
Court Of the United States, or by the final
judgment or decree Of q competent tribunal,
may prosecute q writ of hd6tds CORPUS
that application for such writ may be made
TO "any one Of the Justices Of the Supreme
Court" and impose a forfeiture Of ono
thousand dollars on any Judge authorized
TO grant such ,orft Vhe refuse to grant IL!
1t has been judicially determined that II
makes no difference In what county of the
State the prisoner is confined, the Judge up
piled TO must grant the writ or incur the
penalty and besides the forfeiture of one
thousand dollars, he would also be liable to
impeachment by the Legislature.
1t will be seen. therefore that Judge CAR.
Dozo did only that which it was his impera,
tive duty TO do. And is a public officer to be
condemned for doing his duty2 Judge CAR.
Dozo could not have done differently without
violating his oath Of Office without subject
ing himself TO a forfeiture of one thousand
dollars and without rendering himself IL
able to impeachment and removal from office.
We submit that when the public press
socks to heap obloquy upon a Judge for
simply doing that which the law has i'm
posed upon him as solemn duty, il com.
M It's an act of cruel injustice.
Then az to the escape Of KELLY:
1t was the duty Of the Sheriff, not of the
Judge TO keep the prisoner safely. Tho
ArgVs, which toward tho close OF its article
resumes something Of its ord nary good
sense, is conscious Of this, and says "The
Sheriff deserves to lie consured for his care
lcFsncss in not properly securing his prisoner
to prevent lis attempting to cscOYc"
But the Sheriff deserves something moro
titan censurc, Such pross carelessnoss is
| NI4'A4SA'O VA VI AHl9 4Dl NI4Nh nc ought 10 bt
promptly removed from Office ly tho Gov
ernor of tho State VIII Gov. HOFFMAN,,
who is behaving otter now than he did in
a former haJcaS corpus ease, look into this
matter?
But the probability Is strong that on in
vestigation it will 10 found that IIEGEMAN
is not Sheriff at all. An officer go stumdly
negligent in the care Of prisoner 0s he was
would DO likely to lie careless in other
things and there is little probability TINT
he has complied with the requirements
OF the law md renewed his official
bond within twenty days after the first
OF January succeeding the year on which lie
entered upon his duties If he has neglected
to do tlIis. ;hen both by the Constitution and