The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-18
A MoCKERY OF JUSTICE.

THE PRESENT SYSTEM
The proposed reorganization or the Court OF
Special Sessions aud the comments published yes
terday in the HERALD on the bill now before the
Legislature have evoked far more general ex-
preston OF opinions among criminal lawyers and
judges ana police of1clals than it possible to
ascertain on the day before. 1t was stated in
these columns yesterday that among the
advocates OF the bill was Recorder HacKett.
But 1t appears now that he is not the
only prominent judge who iavors the
cnange. The writer conversed yesterday
with several OF the present police justices, who
candidly confessed that they were CREAMY over
worked and that the new law would AFFORD them
relief which they needed most urgently. From
reliable statements IL would also appear that
large number OF the first criminal lawyers and ex-
judges OF New York who are most familiar with
the needs OF our criminal courts are pushing for
ward the bill, and nave openly expressed their
desire to see 1t passed as soon as possible The
arguments urged by them In support OF the meas
are LARRY overwhelming, as VIII be seen from
the following bret synopsis OF statements fur
nisned yesterday TO the writer. From these State
ments II would appear that the reorganization or
the Court OF Special Sessions would work a greatly
needed reform IN our minor criminal courts
INJUSTICE TO PRISONERS.
Although Recorder Hackett and District Attor-
could not complain II they were tried before the
same justices VINO committed them the impress.
SIGN seems still to be prevalent among criminal
lawyers that IL would be better to try them before
judges TO whom theJ were strangers and whose
minds were perfect blanks so lar as their cases
were concerned. Tt was urged that these pris-
oners were in position very different from those
committed by higher courts, as the Oyer and
Termner, Tor instance. Many OF the offenders who
I polfp Naha hoalw
while under the influence OF liquor, and the
justice Is apt to be prejudiced against them
wnen the culprits brought again before
His Honor at the Special Sessions. The laws
already existing seem to have been framed with
the same view In respects. In cases OF
abandonment, Tor instance, there is a statutory
provision requiring that the action OF the police
justice must be reviewed by some OF his associates,
but not by himself and In cases OF pastardy the
police justices must send the prisoner to the Gen.
eral Sessions. The same rule It is argued, should
be extended to the other offences sucn petit
larceny assault and battery. &c.
COMPLAINTS OF THE POLICE.
An argument lar stronger, and the force OF
which seemed to be almost generally admitted,
was tnat curing the tnree days In winch the
police Justices presided over the Special Sessions
great Inconvenience and hardship TO prisoners
and witnesses resulted IN their espectlve police
courts, from " mich tney were necessarily absent.
This Is particularly apparent IN the case OF the
justIce IN fremont, who has TO come down all the
way from that out. the world place TO attend the
Special sessions three days IN a week during the
month Tor which mas been assigned 20 that
court. Oh course he is away Tor hours and hours
as the Special Sessions opens at ten and SITS
I'll two IN the afternoon ana the PRISONERS, com
plainants ofiicers and witnesses must wait at his
court until he returns. so IL IL also with the
other ustlces al nougn they need come from so
great q distance. the police suner great hard
| snlps from tnis state OF things, or while tney
tour from eight A. Al. to one P. NJ, in oraer
TO be BILE to 90 again on duty at six r. NJ, they
must wal, with tneir prisoners till three or TOUR
I
magistrate from the special Sessions. The worst
nj ne ia mat business men wnen making complaints
cannot AFFORD 10 wait three or Iour hours Tor the
return Of the justice. They go away, and thus an
undue proportion Of the prisoners are daily dis
charged Tor want o. evidence.
INDECENT HASTE IN THE SPECIAL SESSIONS.
1t is strenuously insisted upon oy the advocates
OF this bill that tile change would De great bless
ing to the city In causing the Special Sessions
SIT every day instead oil three days In the week.
complaints frequently cannot walt until the day
on which the Court win SIT and thus
be 1'' punished are discharged because the
complainant does not appear. Tue annual
assertion, Tor 1t states the number OF prisoners
discharged from the failure OF the complaiuants
to appear at 1861 The new Court would SIT every
day, OF course. There certainly is doubt that
from this point OF view alone the change seems
Special sessions and seen now the Judges rattle
through the cases with a velocity only equaed by
the London and Dover Rain DAD viii Dlusn tue
mOckery justice tnat Is dealt there 10 Offend
ers and evi-doers Inc Justices nave scarcely time
TO allow a statement TO made DIV the prisoner,
ana the case disposed OF IN less time IMAM IL would
take botn sides to tell brief, unvarnisned story
Let Us look az the annual report ol the police
justices on this point. Duiing me year ending
October 81, 1874, no less tnan 4074 cases were
Ia the special Sessions. At the rate Of three
trial days In the week or loo IN the year and SEES
sions lasting IRON ten A. VI. to two r. NJ, the
number OF cases tried each day would appear to
be twentY-six, and the time allowed Tor eacn trial
less tlan ten minutes. And TO such indecent
nasty action are the liberties OF the people now
WHY THE ToMBs is ovERcRowDED.
Previous o tue passage OF chapter 53s OF the
Laws OF 1873 Aldermen and District Court justices
acted as magistrates IN ne police courts while
police Justices were engaged IN the special SEES
evils; but now tnat tneY are prohibited nom sit
ting as magistrates tnere is none waatever. Inc
OVERCOMING OF the Tom0s Is also attributed
TO fact that the SPECIAL Sessions sits
only three Gays IN the week. During the
year ending october 81, 1874, 4,62I persons were
arrested or elonles, and II 426 persons INSIDE
meanors. As most OF toe Isst named class or
cases must be tried IN the SPECIAL Sessions 1t Is
evident that the CITY Prison principally crowded
by prisoners awaiting trial In that Court Prison
ers Of this class cannot De transferred from the
tried. wmle the petty offenders such as are SEN
fenced for ten days &c, may ne transferred alter
lorty-elgnt hours 10 blackwell's Island by the
Commissioners OF Charities ana Correction
Hence, n the Court OF Special Sessions were IN
silly erecfIn~ new CITY Prison, which is liable
70 cost the city hali million dollars.
THE POLICE COURTS BUSY ENOUGH.
There Is no DOUBT that another argument which
Is urged-namely, that the police justices have
quite enough 70 do In their respective courts-is
borne out " the figures iurnisned Oy the annual
report already alluded 10. During tie year end
Ing October 81 1874 a. SCI prisoners arrested
and taken before the police justices, as fodows:-
First District Court..... z7lsl 70 each day
Second District Court... 2izl3 63 each Gay
Third District court. 1927 ~ each day
Fourth District Court.. l3U.5......... 80 each day
fifth District ourt......... S3l3....... each day
skin Dtstrict tourt....... f42....s... each day
There are eleven justices In ALL two for eacn OF
the nrst 1ve district courts and Tor the sixth.
Now u would undoubtedly be the easiest thing
20 spare ole OF the TWO justices from the Film
district, where the business IS sight. aud VINO
could SIT at the SPECIAL sessions IN conjunction
win the TWO new Justices TO be appointed 10y the
Mayor and confirmed by tue Boara OF Aldermen.
(rne StXtn District Court, where the business
seems to ne smallest, Is at fremont, and there a
Justice is quite lndspensd0e.l
THE QUESTION OF EXPENSE
L. has already been shown That IN the opniOn