The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-11
THE HABITUAL CRIMINALS ACT

>--
The Constitutionality OF the Act sus-
tained-PreviOus Conviction Necessary
to Its ACKNOWLEDGEMENTS mt Decision
by Judge Davis.
The important points raised upon the constutionaty
Of the "Habual Criminals act" make the
question of great Importance only the Of
criminals it is intended embrace within operation
but to all suspects whatever grade calling the
profession" to which they may belong The question Of
the consttutionalty Of the first raised by W.
p. Howe in the of rather notorious criminal one
Jeremiah Mccarthy, but associated with him was an
equally wellknown delinquent named William Warren.
These individually and collectively presented in the
legal form the which Mr.. Howe wished present
conte, the constutionality Of the law.
Judge Davis who delivers the opinion Court and
speaking all, d,smisscs the of The People
Warren whom he orders be discharged account
e bn OF is s
The FIRST question raised is as to the consutonaty of
hs Ct a # the sl s IL a ss d IL @
Which declares that 'ria by JURY in ali cases in which
i has heretofore been used, shall remain inyioate
show that lis sole object place certain definitely
sns IT Inc sas. r psassm.
proceedings to those long used against such
BY nS msas subject
IL me to e in both conne additions ade
y to :s
S EB as s' afG the Iss p
Isss.P
P n to s the branch q
Justice in the colony q SeW YORK was Doubtless con
ssssS sss
as g G Ts eo
tnued IN force until the adoption Of the revised statutes
rope dancers, common showmen &C and rconacted
M ;0s ST Es ns f sg
5S Ps Psops a s y Sssh
ing Of The extensions made By the revised statutes
sods
e E. Ss ,.S,SS
section OF chapter H. Of the Laws of 1853 the Legis.
81 N nss
ossrs 81 lis ssf Sa s% IN snaf e a
ground Of uneopsttuonaiity urged in arising
he shs ts ePf
n DfEy on II asSss % eng
he ss snS ss ss On
!e Win great research and ability pny vs. The
s Ess, S,Ss sSS
L S Se in suses Il ass
TBs s as
Of Pennsyvania in respect to trial by jury like
Sy j. ;E ss as .l s iay and & ss
yaidy an able and eSns ,h oninion
s%s
dsordery pei sons and consequently was not Intended
50 A. ~ nss ~ s9
ns s fs H sns to be be s law
he . Of e epSon ses sea
valid The objection that II Is void because conflict
a , Re sae t'f haIR% al, wory
~ shiSR' aRes ae peTses
a s 1 S ss St sas 4: p at Ii,
ton that brings him within the prevention remedies Of
Having disposed of these questions, am brought to
''o'' rHs CONSTRUCTION OF THE ACT
Mnom M the act applies are PROFESSIONAL thieves Burglars
pickpecke,s conferences or orgers person within
two modes First BY BY police MAGISTRATE
& SHOWING hat he Or e
The act second BY any Of the police AT any
.satIen srossrs Once place q SSss
q people, whether few many, whenever fnown \.
sescrssd classes and such eacsr has good
eys ast such , az the a the ocer i
aed q MAKING and his DUTY 70 make
"a The saRS Sws s. er
bury on the platform of q car, among several
persons standing on the same platform He was known
10 the ohcer to be professional pckpockc and vas
acting In which led the officer to believe that
nc was on the car for the purpose Of stealing from the
passengers These facts made 10 the duty OF Ohicer
Dnsenbnry to arrest him under the act and take him
before the examining MAGISTRATE. His authority was
properly exercised and Is affected shall turn
investigation that the prisoner is to
thus arrested brought before the magistrate that
sa Dc s e TO the ssSen Of The
or she was frequcnting or attending such place or
she has at some time been convicted OF any
1sordery person, and upon conviction trial shall
Re comm tilted" &C. 1t will be that the
npon the trial IL to be satisfied by sufficient evidence thai
The party within the description Of persons named
be W wit "A PROFESSIONAL thief Burglar