The New York herald., 1875-12-21

are witnesses ana unable 10 give bail
Tor their appearance al the trial OF accused parties
:, LnoIhss " Acton the Presidont Of tho Board OF
hetropoAtan Police, in the annual report or the de-
partment for 1865 says -
1T can scarcely be realized by tho people that in this
ase ana country whore accused persons and convicted
oIlhas are SO hunanely dealt WITH there an nstl
tntion established by law (and well hedl for the
imprlsonment OF persons not even charged With any
crime or offence.
The witnesses are generally poor without friends in
.ho Cisy, some OF them have families dependent on
them ZOE the Deeessaries Of life They are all innocent
au & nave natural right 10 their liberty and the
Iuss ol sucn employment business as they may
choose to follow Yet 10 derogaton Of these natural
Isnis tney arc arbitrarily imprisoned upon tho claim
tnat lho puDc good demands their presence and test
mony on criminal trials
I'm some cases the innocent witness is imprisoned
whiie the criminal IS al large on bail. and nnay
escapes punishment, not unrequenly without Gaming
TO trial In some cases whore the criminal is convcted
the witness suffers longer imprisonment than the
criminal In not few instances the person apainst
whom the offence was committed has been imprisoned
whio the guilty party has been allowed go at large
and escape punishment
"Ths system instead OF aiding probably tends 10 en-.
barrass the successful punishment OF crime Persons
cognzant of facts which, II known, would tend 10 the
arrost and conviction of criminal endeayor TO avoid
the hazard Of being imprisoned as witness for an un
certain period by concealng their knowledge or res-
ing 10 appear prosecutor witness. Ii tney ara
themselves the victims OF tho crime they often prefer
TO suffer the wrong whatever 1t may have been rather
than incur the risk Of further wrong by being mprs-
oned as witness
The current expense OF this institution for the year.
property occupied for this purpose is worth probably
more than 800 000 and would bring annual rent Of
SIC, 000 making total cost Of SIS, 494 81.
'Such oppressive measures ought not to be tolerated
In Tree and Christian country ii there Is any remedy
to be found within the scope OF legislative authority
consistent With an effective enforcement OF criminal
awsu
What was true in 1868 is true to-day. The wrong
which has boen frequently porpetrated through the
odious system OF imprisoning witnesses is not only
hdeous in itself, but is withal quite unnecessary
There is no possible common reason why the tes
timony OF witnesses should not DO taken under oath
and with other proper provisions at the time Of tho
commission of the act which IL is expected 20 sustain
or disprove why such testimony, reduced to
writing and certified TO before justice of the peace or
notary public, should not be used in evidence before
court Certainly its veracty and accuracy would be
much less likely TO be questioned when the event
fresh in the mind of the witness than when time priva
tons and possibly undue influence had done their work
upon the memory or tho inclination.
This oppressive system OF arbitrary and unnecessary
Imprisonment OF innocent persons is maintained from
year to year Notwithstanding the constitutional provis
ion that ''witnesses shall not be unreasonably de-
tanned and the further like provision that mo per-
son shall be deprived OF liberty without duo process OF
law" If IL is claimed that these innocent persons are
imprisoned "by duo process OF law" it is suggested
that any process of law by which innocent persons are
subjected for underlined terms of Imprisonment is
neither just nor necessary, and ought TO be imme
dately replaced by process of law In accord
with common ideas of humanity and justice.
Tho Police Commissioners cannot possibly effect all
this improvement II Will require legislation at Az
bany But tho Police Commissioners last year made
an attempt to do something in tho premises but
nothing was done Tho people of this city would be
toward blottng out this outrageous system OF wrong
against witnesses would at least look like following up
good purpose and intention. Many criminal is
sent to Jail for six months the witnesses against whom
suffer incarceration ior nearly year, because too
obscure to find security for their appearance when
wanted How earnestly this fact must fill the ignorant
heart with affection for justice How thoroughly
II must convince the young idea that TO witness an
offence against the laws is far more nquitous than TO
perpetrate IT,
The following table will show the number Of persons
detained in the House OF Detention witnesses since 1t
WAS first established - No of No of