The New York herald., 1871-02-05

coniers win the Judge who tried the case, ana If the
mer scnds the papers 10 her Majesty with recon-
mendaton OF mercy, which never falls to prolong
the life OF the criminal
AMERICAS LAWS, MUapERERs AND PROCEEDINGS.
Having thus taken cursory glance at crime and
the criminal proceedings OF the principal countries
In the Old World, the cost and diicultcs attending
the punishment Of murderers, 1t will be necessary,
In order To make the statistics complete, 10 give
short review OF the criminal proceedings OF this
country as represented by the city OF New York
During the past thirty nine years, according 70 the
most reliable records crime mas been steadily In
crcasing in New York. but when Its cosmopolitan
population Is considered, The ransir0ry visits ana
consequently Gallons condition OF thousands OF
doubtful characters poured into this port year after
year, and the Increase OF the regular population,
there less murders committed proportion than
in any other large city.
1t is true there can be no more miserable picture
presented TO the world than thai Of condemned
criminal when all efforts to save his life have failed.
only he equalled by the dark visions and f0rebodngs
In the mind OF the murderer all the associations OF
force and every ray OF hope has lied. The glorious
rays o the spring SUM- the green fields and beautiful
mountains; the singing ofthe birds and the murmnr
Ing streams have now charms and are lost TO him
forever Much as he would wish to cling to the
earth, he finds 1t slipping like glacier slowly and
the cord around his neck and feels the choking SEN
saon IN his throat as he 10 swung into the presence
S q s Mcs Z ns fGsn.
ishent death would be void OF effect to those left
behind. There is still something more, and that Is
The following Is the list OF persons sentenced and
executed IN tins city since January |, 1872 7..
November IL, 1895; Samuel Hackley, January a.
1887; Edward Coleman, January II, 1888; Patrick
ls45; Charles Thomas, November 20, ls4s; Matthew
Wood June 3 1919: Aaron b. Stookey. June q, 1851;
r M ISL oS Guns II
William saul, January 2s. 1858; Patrick Fitzgerald,
June II, 1858; John Dorsey, June y, 1857; James
u NArn atarl lam Gfnf, ,lauo EAk,
ruary 8, 1850; John Cruniman, March 80, 1860. The
following during 1s8S:-Bernard Friery, Francis
renn George wagner nsye b.ien nr anG sona
Sullivan ana John Thomas not vet executed. Durlng
the same period there have been twenty one sen
tences OF death commuted to penal seryitude ior
life.
1t is now proposed to show the nearest approxima-
ton that can be obtained to the cost Of c0nvicing
murderer ard after describing the proceedings,
TO take the case ol John Zeal, tie murderer of
Smedck as the last man executed at the TomDs City
Prison. on the 24tn July, 1868. Real was arrested
and was present during the inquest before the Cor.
oner on the body OF his victim. February 10. 1852,
oyer ana Terminer, the District Attorney presecut
ing ana ex-Judae stuart appointed 10 defend him.
night he was sentenced to death. A writ of error
was obalned; and on the lst Of April the District
Attorney and the counsel for the deience
argued the matter in the Supreme Court be-
fore three judges; again before single Judge
three days subsequently,. when tine sentence was
Again 0a December IL, 1862 The pistrict Attorney,
Stuart and another rear9ued the whole evidence
before the Supreme Court, when each or the judges
execution beng carried out June SO iS,0 the case
was argued IN the Court OF Appeals in the presence
OF a fun Court and the sentence was confirmed ana
he was ordered TO be hanged on the 9Th OF August,
1870. The gal0ws were erected on the 4th OF August
and on the 5th he was executed in the presence Of
the Sherilf and Others named by law.
Unlike many other murder trials this one, 1t has
been remarked, was promptly carried through oil
the stages the courts, anu yet the cost, according
to the annexed table appears to be immense-being
upwards OF 10000. This table does not include
the allowance OF about two snillInxs q day 10 the
jurymen for each day they served ON the trial:-
Coroner, for holding inquest. t................. $40
Salaries OF judges engaged in hearing the
case, from The day vi conviction 10 the day
Of the last decision .............. 11s4
Salary to District Attorney aud assistants, in
Guiding tue customary allowance from the
Beard OF Supervisors. about. ............ 55l2
Fee to sherln, deputies &c. ana Tor erecting
the gailows Twice. ..........:................ 500
PAU TO one defending counsel. ............. 5000
Cost Tor clerks. writer's, steaograpners, criers,
&c, during the trials. .................. $40
Cost or prlnLDg for prosecution. $50
Rears food attendance, washing, &C.. Tor
Nlne weeks s,s ON asherfis boara 9SU lSs
Two hundred police officers, superintendent
and captains attending at the execution. 400
Defending counsel STUART for cash expenses,
kilograms, suDpGnaS. hotei Diils &c. not
YET PAID. 1000
Printing for defence. Observation-Disclosures. 200
Making total OF. of....................... $40, 2o4
After all the forms in the complicated system of
Criminal law III tuS CITY nave deem acccued tO-and
1t must be confessed it Is perfect network, a
labyrinth OF ruzzles-in order TO obtain a stay OF
proceedings and have case reargued in the Su-
preme Court and Court OF Appeals Tor suspension
OF Judgment on the supposltOn that the sentencing
Judge might nave commtted an error, there is still
u more
EEuARKABLE ANOMALY IN TILE WORKINGS or THE
This difference lies between the Courts OF Oyer
and Termlner and General Sessions Il a criminal
slons, no matter what the character OF the murder
he VIII he able as matter OF certainty, II not as
matter OF absolute right, claimed according to the
established custom OF the court, to obtain an mma-
date stay OF proceedings. The counsel for the
error or ..stay,n frequently at the same time that
he Is served with the warrant handing over the
body Of the condemned man for execution. This
case ls three months later taken and argued before
the supreme Court in the presence Of at least tRrce
judges, who take the papers and defer their decision
generally Tor three months longer. At the end OF
this time II they confirm the original sentence the
District Attorney adus the additional evidence to his
puts In his papers on an application for rehearing
Of the entire matter before the Court OF Appeals he
hands MS evidence in and gives notice Of his nen-
ton TO oppose the motion and argue IN
favor Of the decision OF the court below. It Is
usual Tor all the parties to attend before the
court. The time for obtaining hearing in this
court takes about SIX months, and II they still
nrm the verdict OF 'he first jury the opposing coun-
sci can demand a new trial-a mere f0rm-aEd the
prisoner Is resentenced for execution generally
within about four months, allowing altogether aosut
the passing OF the 1rst decree.
When murderer has been tried and sentenced to
death IN
THE COURT OF OYER AND TERMINER
the obtaining OF stay OF proceedings ts the most
difficult portion OF the opposing counsel's duties.
Before writ Of error Is granted-that Ia, adniti ing
the possibility OF an error In judgment-the most
conclusive argument and proof must be adduced.
COURTS member Of the supreme Court, before wnom
the case must subsequently be argued, and II wit
oferror allowed the same Judge who tried the
will again sit when the evidence reproduced in the
court above. 1t is, therefore, highly Improbable
that he will condemn MS own Judgment by permit
ting the Communication OF the sentence.
Even two Of his brethren decide against him he
can issue dissent and carry 1t to the Court OF Ap-
peals above. According to Judiciary Amendment
act passed by the Legislature ana ratified ana
accepted on November 9, 1Ses It was provided that
any court or In the Court OF Appeals in review of
decision made by him or by any court Of which he
was at the time sitting member" But this was
utterly discarded In the case OF Rea for the Judge
who sentenced aim sat In appeal on the case on the
18th December 1852 and on June 80, 1870 after the
act OF the Legislature had been passed and ratified.
Thus two men. tried and convicted for murder IN
two separate c0urts-0ny thirty yards distant from