The New York herald., 1875-12-18
Has Justice Departed from New York

Has Justice Departed from New York
The dreary wretched story of the execu-
tions of the three negroes in the Tombs yes
terday usurps space in to-day's paper which
we grudge. 1t belongs to the news of the
day, and cannot be abridged or omitted.
Into the details of this story it is not our
purpose to enter, except to deprecate the
bungling manner in which the sentence
was executed, and to say that the terrible
fate which was awarded them by the
law was Just But while we congratulate
the administration of justice upon the pun
ishment of the murder of the pedler, what
are we to say of the case of Dolan?
If there ever was a murder in New York
characterized by atrocity it was that of Mr..
Noe, merchant, who was killed in his own
store when defending his property by o rob-
Der who came there to take away his property.
This robber was arrested. tried and con-
demned. We believe that no one doubts
that he is the person who is now under sem
tence of death. This was the opinion formed
by the jury who condemned him, by the
Judge who sentenced him, by the District
Attorney who prosecuted him, by the Gov
ernor who refused to respite him, by the
private secretary of the Governor and Judge
of the Court of Appeals who declined TO re-
gard the after-discovered "evidence" as
worthy of consideration. But instead Of
justice falling upon Dolan he escapes the
gallows by technicality of the law and by
what we are bound to consider an undue in
reference with the course of justice by Judge
Donohue
In the proceedings of the Supreme Court
we find that Mr.. Beach appeared before Judge
Donohue and gave his "honor as a lawyer
that he had thoroughly examined the points
raised, and that he considered them such as
ought to be passed upon by the Court of APP
peals" This assurance, according to one
reporter, ''was given in the most impressive
manner;" and, thereupon, Judge Donohue
granted the writ of error and stay of pro-
ceedings.
We are disposed to think, with one of the
negroes who died yesterday that there is one
law in New York for the colored man and
one for the white man. If Dolan lives then
these negroes were unjustly executed. The
murder of Noe was much more atrocious in
every aspect than the murder of the pedler
at West Farms. Why should Mr.. Beach
or any lawyer have it in his
power to go before a Judge, and by his
''word of honor as a lawyer" arrest the opera
ton of the law? Is the 'honor" of Mr.
Beach of more consequence than that of
Governor Tilden, Mr. Stebbins, Mr.. Phelps
or Judge Barrett all lawyers who tried this
case, not to speak of the twelve jurymen
who condemned this man to death? If law
is to be governed by these dramatic personal
considerations, by the influence of counsel
over the Bench, by these expedients and
tricks, then we have no justice in New York.
This whole Dolan business, from beginning
to end, has been unsatisfactory. This man,
condemned. we believe justly, for a cowardly
assassination, is made q hero. Reporters
surround him. The Tombs shyster lawyers
hurry to do his bidding in the hope of OBJ
tanning little notoriety among the criminal
classes, and even great advocate like Mr..
Beach flies hither, thither, and finally goes
to some easy judge and asks that justice
be arrested as a compliment to his personal
honor"
Our criminal law needs revision. In every
aspect of the case these recent convictions for
capital punishment, as well as the virtual ac-
quittal of Stokes and Macfarland and Scan
mel and King, all 60 to show that we have no
law in New York that our laws, instead of
protecting human life, give criminals the OPP
portunity of making themselves heroes. For
this deplorable condition Of affairs no one
is more responsible than Judge Donohue.
His course yesterday is not justified by any
statute, by any legal precedent, by any claim
Of public justice or morality. 1t is one of
those wanton acts of interfering with justice
which in the past brought dishonor upon the
Bench and ruin upon some Of the judges who
INDUCED in it.
ALL REPORTS in regard to a disagreement
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