The New York herald., 1871-11-29

cisiOn.
Judge Bedford yesterday refused the dual
motions made in the case Of Hagerty ana
Bauch, now held in custody on two indlct-
ments-one for burglary and the other Tor lar
ceny-in connection with the vouchers stolen
from the ex-Comptroler's Office about two
months ago. The prisoners, through their
counsel, asked-frst that the indictments should
be quashed, on the ground Of an insuffciency
| of evidence before the Grand Jury and Tor
other reasons and next, that If held for trial,
! they should be admitted to bail in a reason
able amount. Judge Bedford holds that the
sufliciency or insufHciency of the testimony OF
the witnesses examined before the Grand In
quest are questions peculiarly aud solely
within the province of that body.
While it is true that the investigation
by Grand Jury is e1 parte, it
is well established that the evidence must be
conclusive Of guilt to the minds of the jurors,
and must be such as would in their judgment
justify them in o conviction should they be
trying the case on . petit jury. II could
scarcely be expected, therefore, that the Court
Jury on such grounds, and Judge Bedford very
properly refused the motion to quash. But
in this particular case the prisoners, on being
| arrested, availed themselves of their statutory
| privilege to undergo preliminary examina-
tion, and Judge Bowling, before whom the in
vestigation was held, justified the good opinion
of his friends in his integrity and independ-
ence by committing them without bail. Hence
the motion to quash the indictment, on the
ground of INSULT ,iency Of evidence, was pc
culiarly weak and absurd.
The application for bail was likewise re-
fused by Judge Bedford. So forcibly aud
ably does the Court give his reasons for deny
ing this motion that we quote the words Of his
decision:-'A most vilianous crime" says
Judge Bedford, ''stupendous and gigantic in
its bearings-one which in its character has
sulled the fair name of this great city, out
raging society and making, as il were, every
citizen stand aghast with astonishment, is
alleged to have been perpetrated. The pris-
oners were arrested and now stand indicted
for that crime. 1t seems to me, considering
all the circumstances and surroundings Of this
case, were to bail the prisoners, and thus
loosen in the slightest manner the iron grasp
OF the law, would not only prove recreant to
my official oath, but would, indeed, be tri1ing
with the sacred rights Of society and the
stern demands of justice. The motion is
therefore denied"
| This forcible language and the conclusion
arrived at by the Court will meet the hearty
applause Of our citizens and will serve to
show the dishonesty of those new 'Ring' re-
formers, who, now that the election is over,
desire to stop the further prosecution Of the
| men who have robbed and swindled the city,
and malign Judge Bedford and District At
torney Garvn for their efforts to press the
investigation and to place the guilty parties at
the bar of a criminal court.
While Judge Bedford refuses to admit
| Hagerty and Baulch to bail he evinces his
| regard for that principle Of the constitution
which guarantees to every innocent man his
liberty. He demands that they shall have
that speedy trial which is their constitutional
right, declaring that longer delay in the
case will work severe hardship on the
i duu C0u m uO way
the ends of justice. In this Judge
Bedford is unquestionably right, and District
Attorney Garyin should put the prisoners on
trial at once. Indeed, the sooner the case 10
brought on the moro speedily will justice be
vindicated, for the developments to be made
on the trial will no doubt be instrumental in
bringing others to reckoning. 1t may, how
ever, be as well for Hagerty and Baulch to
reflect upon the fate in store for them before
they are placed at the bar. 1t must now be
clear to them that they have nothing to hope
from the indulgence or leniency Of the Court
should the evidence be sufficient to convict
them. They may depend upon as severe
sentence as the law allows should they be
found guilty. Now, it is we'll known to every
man Of common sense that the prisoners
are simply tools Of more criminal parties |;
the hired instruments of those who desired to
get rid of the evidences of forgery and fraud
contained in the stolen vouchers. While in
formers are generally despised, Hagerty and
Baulch, or either Of them, would be justified
In turning States evidence and confessing by
whom they were employed. They have been
left in the lurch by the more shrewd knaves
who stood at their backs, and should not
hesitate to protect themselves by bringing
their more guilty associates to punishment.
District Attorney Garvin should look to this,
and endeavor to obtain the evidence of one or
both these prisoners on behalf of the State
His duty is to bring the real and grander
| criminals TO justice, and he has here an op-
portunity to mako great hit Let him place
Hagerty or Baulch in the witness box and
thus expose the whole scheme Of villany con
nected with the stolen vouchers.