New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-02-07
ENCOURAGING SIGNS.

Al last there is reason to think we are to
have wholesome enforcement of the criminal
laws in this city. Certainly we have been de-
handing it long and earnestly enough to in
sure some sort of action; and there have been
bloody incidents sufficient in numbers and hOr-
rors illustrating the evil of nOn-enforcement to
warrant all the public indignation, and to JUS
tify even more vigorous action than we are
promised. There are three several incidents
which encourage us to believe that for little
while at least the laws Furnishing murder are
to be enforced.
District Attorney Phelps, by summary and
iudicious action in having Simmons indicted,
has prevented his release on bail by one of
those creatures whom municipal governments
for some totally inexplicable reason intrust
with the duties of coroner, and who, not
content with finding the cause of death, went
on also to find that there was justltiable excuse
for the deed. When it is remembered that
this prisoner is One,-and principal, too
of a combination of thieves who by means Of
lotteries have subOrned police, bought up
Judges, hired local politicians, and for years
have robbed the poorest classes of this city,
until the whole gang have grown rich beyond
computation, one can comprehend that he
might influence or buy cOrOners jury to find
the absurd and illegal verdict which nearly
Dermitted him to escape. When it is recalled
that this man has not only been cold
blooded plunderer for these many years. but
that in committing the murder of which he
stands accused he inflicted fourteen savage if
not fatal wounds on his victim, it will be
recognized that District-Attorney Phelps did
wisely in hurrying up the indictment before
the Coroner could release the vicious mailman
to prey upon other defenseless citizens. We
hope Mr.. Phelps will deal as vigorously with
all similar offenders.
Judge Brady, too, has done a good deed in
giving notice to the counsel of all murderers
that they must be ready to go on with the
cases at the time set down for trial. Delays
have become favorite resort of all counsel
with difficult cases and untenabe pleas /;
nothing more common and vicious had grown
I'D in our practice under the lax administra-
ton of the Ring Judges, and it is notorious
that pOstDOnements were as commonly for
sale as writs of habeas corpus. EvenH to-day
delays and writs of errors and orders'fOr new
trials can be bought in some places by the
mere retention of some friend or partner of
the Judge to whom application is to be made.
We hope Judge Brady's notice is meant to be
an order; we are satisfied it is so intended to
apply in his court but it ought to be a rule
in all the courts that only the soundest reason
ing and the strongest facts should prevail
to postpone the prompt execution of the
criminal laws. There is no safety in any other
course. In civil suits, where both parties are
agreed, the case is different, for then none are
wrOnged; but to delay for trivial reasons and
on the mere bubbles that have hitherto pre-
vailed in our courts the prosecution of thieves
and homicides is simply to encourage robbery
and murder Let us have Judge Brady's rules
enforced awhile, and we shall soon find the
Bar filled with lawyers, not the mere quibblers
who disgrace our courts daily with frivolous
pleas and extraordinary appeals.
The third incident alluded to is not less
suggestive. A brace of criminal courts of the
jurisdiction of the General Sessions have lately
been found necessary to dispose of the bust
ness before that body. Judge Sutherland. in
opening Part III. few days ago, encountered
the pettifogging special plea that the court
was illegal because it did not sit in the usual
room, where of course Part |. was then in ses-
sion. Although this was on the face of it an
absurd bubble, the Judge took the precaution
to adjourn the court until he could make in
quiry and after careful investigation and
consultation with other Judges, he yes
terday decided the plea to bo friv-
OlOus II WAS clearly weak invention of