New-York tribune., 1870-01-03
TEMPERLNG JUSTICE.


One of the few good things among the many
bad things in the "leg dramas' recently rep
resented in this city is court scene, wherein
the incorruptble Judge sentences a culprit
In the opening remarks, His Honor expatiates
on the Nervousness of the offense committed,
and strongly intmates that the penalty must
be severe. To give effect to his words, he
takes a breathing spell, and looks the culpnt
in the eye. While he is thus occupied, some
body, in the interest of the prisoner, places
upon His HonOr's desk bag Of gold. On re-
suming his remarks, the Judge suddenly re-
members the deplorable situation of the pris-
oner at the bar, and says, in a voice tremulous
with emotion, something about JUS
tice being tempered with mercy and
But here another bag of gOld-twice the size
of the former-s sent up to the Judges desk
by the prosecution, who begin to feel that
there is danger of justice being tempered just
a little too much. Again the Judges voice
rings out with frmness that gives the culpnt
to understand that the Court cannot permit
human sympathies to swerve him from his
sworn duty to the people. Once more the
prisoner sends up still another bag of gold.
followed closely by a larger one from the other
side and then ensues such balancing OF the
judicial scales for and against both sides that
it would be sheer madness for anybody-not q
New York jud.e-to attempt to follow its fluc-
tuatiOns.
A parallel proceeding may be found in the
report of the Committee on Protests appointed
by the City Canyassers to settle, among the
faithful, the little differences arising out OF the
last scrimmage at the polls in this city. This
report, which is evidently long drawn out to
make an acceptable bone for the press in the
shape of an advertisement, duly appeared in
the thousand and one sheets which the Com
mon Council facetiously call Corporation
Papers" and which manage to live by yelp-
ing around the City Hall until their hungry
mouths are shut by their being put on the list
of pensioners to be fed at the public expense.
In the matter of Henry Murray, who pro-
tested against the canvass of votes in certain
districts of the Nineteenth and Twenty second
Wards She having only liquor shop to throw
into the scales to balance an Aldermanship,
Wardenship of the Tombs, &C., &C., owned by
his antagonst-the incoruptible Committee de-
cided that
any doubt existed in the minds Of your Committee
their power the OF the Board OF CITY Can-
yassers disregard statements OF local Can
yassers which far on their face without errors OF
discrepancies and to look beyond them for eyidenee OF
fraud dspeled by the aut horties cited by the
counsel opposed TO the claim, &C."
Mr. Murray's counsel offered the evidence Of
poll clerk to prove that the figures on the re-
turns had been tampered with; but the Com
mittee replied:
"His testimony could not be taken as conclusive in
opposition the returns, regularly signed by both the
CanVassers OF that election district particularly he
could testify the genutneness or falsity OF the sig
ces were apparent in any part OF such returns"
So Murmy's liquor shop did not win.
In the case of Scanned against Nesbit. there
were put in the scales of justice on the side
of the latter the regular" returns and the
regular" Tammany nomination while his an
tagOnlst threw in, on the other side a case OF
revolvers some bowie-knives, and a few "re-
"peaters.n The arguments on both sides were SO
weighty that the scales of justice fairly groaned
under the strain and threatened to give out,
but the Committee, overlooking, or rather ex-
actly reversing the course pursued in the case
of Murray, came to it's aid, as may be con-
cuded from their remarks:
The evidence elected tho examination OF this
must your committee thinks result IN convincing your
honorable body there have been Irregularities &c.
The adayits OF both the pocerks corIoDorated Oy The
evidence OF other persons, . who remembered the
announced at the close OF the counting OF tho
charter ticket (Which however does not agree with the
filed in the Bureau of Elections), must
be taken conclusive that the vote. announced ne
ereg Of election should be taken the correct vote"
So Scanned, with his pistols and and his re-
peaters, defeated the regular returns on evil
dence that was not permitted in Murray's case.