The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-07
HABITUAL CRIMINALS ACT.

IL the Act Constitutional and Should 1t
BE Enforced !-En. g. OF It's OPERATION
An Interesting Question Timely Agi-
tated.
motley crowd assembled In the Supreme Court,
Chambers, yesterday, interested in the argument
which would make a test question of the Habitual
Criminals act. The proceedings came up before
Judge Fancher on writs OF habeas corpus and GER
tiorari issued in behalf of Jeremiah Mccarthy by
Mr.. William F. Howe. The prisoner is the first per-
son arrested under the new law and was sem
fenced to ninety days Imprisonment in the Pen-
Tertiary by Magistrate OF the Essex Market Po-
lice Court on the Goth OF last month
In bringing the to the attention Of the Court
Mr.. Howe first insisted that the evidence upon
which the Magistrate ordered the REALTORS convlc-
tiOn was improper, and that the competent testi-
mony required by the statute was insufficient in
McCarthy's case. The constitutionality OF the law
was then ully reviewed, and the propositions
urged by Mr.. Howe and the stand taken by him
fully set forth in the following points submitted by
that &c ntleman:-
POINTS IN SUPPORT OF NOTION,
unlimited by William F. Howe for the eischargc of Jere-
called the sbitua Criminas Act upon the grounds
that said act Is nncon stitntonal are as ioows-
to be sys liable ss to 1a NTH DEM the
professional thief, burglar pckpocket counterfeiter
ioreer must have been arrested BY the police author
banking institution, brokers' office, place OF public
IsSsrns Of tie people whether lew or MANY order
needn be shown that such person
bnt he liable to the pains and penalties of the act If it
.n DC The Sy pGes ~aS s
ne or she for ws or such a place or
sne - at some time been Convicted Of any Of the
in the act t or shall have been
iisa Sfiisns ier penalties gsasTsIly rlsa
suisisn,y numerous % aieet the general ],
That he Trial by jury, ali which It has been
SHALL REMAIN IsvroLArE roREvrR.n
The wss dseaea BY the he % m ToaEt s in
Is that person cord not be- DEPRIVED Of his gh 81
trial BY jury by statute or ordinance creating new
Violation q that '' provision The contscn Which de-
opad the As has
fore observed person liable to the pains and penalties
somm any crime known to the laws ss Of The ana bnt
Magistrate that the person Is one Of the class named in
the act and mas a. some time been convicted o.
ject him to be put in jeopardy .....
bu, for offence for which he has already ecp
srdy for surely IT. cannot be said that an inclinaon to
now and never has been recognized offence against
Spanish S lava uPR ss
AND s G me ss any the
places or gatherings u the act to be deter
nos X r. been q
lawful his purpose in attending any Of such places or
gatherings may be. It is a well settled prin,
the consequence his Unlawful but on the other
.psS into Act ne Attention q The
Son should not be subject twice 10 be put in
81 opsdy for the but by the
Tor other offence than that he irequened or attended
Be proven TO the SATISFACTION Of the magistrate that he
a. such place or an , no over, act
some former time. been convicted Of some one q the
III: a cor Taa s he
been put Y on conviction crime tho
nat large number Of Of the classes
this act makes distinction between that class
to The he aT sae hs
es annexed TO the conviction and restores his credit
f ssS. ss FL ls%
ess q nss %n ws z o1sb Pe. s
ss i0sV Of s snca The case
posr q pfrd99 The fresdent The
after The commission OF The offence either before legal
preceding are taken and during their tendency and
from the offender and gives him new capacy- makes
% sHd citizen
o & statue sS 81 s bS objection to the
ante the Ss
oSr are made to the %
According to tatistics there are
IN the city OF New York all liable TO the operation and
daily coming within the and provisions OF this
statute Now under the section Of this act Is compu
sorry on the Judge OF the Supreme Court who allows the
writ OF haDeas corpus not only to hear and determine
the matters brought the OF the writ but he
1s actually compelled to rehear the case examine the
witnesses under oath, and to listen TO tedious
examination By counsel and to be inflicted with 2rosy
advocate as to the guilt In
short by the second section Of this act Judge the
Supreme Court is reduced TO the level OF police mag
ate and compelled 70 perform those merely magistera
utes which properly belong to the latter class Of judi
trisi mDcti0nafies