The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-02

Ex-Judge Leonard, of the Supreme Bench,
makes a contribution to- the discussion be-
tween Mr.. O'Conor and the Court of Appeals
in q letter. in which he reviews Mr.. O'Conor' S
position and censures him for his criticisms
upon our court of last resort. Into the legal
questions of this case we do not presume to
enter; those are matters which the lawyers
must decide in the end; but while we are dis
cussing the extraordinary fact that William
NJ. Tweed has succeeded in stealing five
millions of dollars from the public treasury,
and by the payment of halt million to
leeches, lawyers and blackmailers, has been
permitted to keep it, we discover also that
decision has been rendered by State court
which virtually pats the Canal Ring out Of
the reach of justice Here, then, are two
facts which have recently come to light-the
immunity of the Tammany Ring, through
the decision of Judge Donohue, and the i'm
munity of the Canal Ring, through the de-
cision of Judges Learned and Westbrook.
The effect of these decisions may. in plain
words, be stated as follows: -Justice Donohue
decides that Mr. Tweed cannot be indicted
for stealing money from the city Of New York,
because after he had stolen the money he pro-
cured the destruction of the evidences of his
crime. In other words, Tweed prevents his
conviction on the charge of misdemeanor by
o successful act of burglary on the part Of one
of his retainers. Justices Learned and West
brook decide that the members of the Canal
Ring are not to be compelled.to produce their
books for examination. Jarvis Lord, the
head of the Canal Ring, has won a decision
as important to him as that of Judge Dono-
hue to Tweed. The case against him was dis
missed by Justice Westbrook, consequently
the head of the Canal Ring Jarvis Lord, and
the head OF the Tammany Ring, William NJ
Tweed, are free from the operation of the law
Of course, it is said, in answer to this that
the law is master of us all, and that it is much
better that Tweed and Lord should escape
than that an innocent man should suffer, and
that there should be no departure from the
settled rules of Jurisprudence; yet, at the
same time, does it not open a new question?
Have we any laws in New York for the pro-
lection of the people? And why is it that
when man steals ham he can be sent to
prison for twenty years by Recorder Hackett,
while, if public officer embezzes funds to
the amount of Millions and brings disgrace
upon the city and the nation, he can be pro-
tected in every step? The result of these
legal controversies between the friends of
reform, Mr. Tilden and Mr.. O'Conor, and
the leaders of the Tammany Ring cannot
well be foreseen. They will go farther toward
implanting in the minds of the people deep
distrust of legislation at Albany and the fear
that justice has been dismissed from our
Bench, and in time, perhaps, the dishearten-
ing suspicion that there is something dan
gerous in our republican system. Whatever
may be thought of the wisdom of Mr..
O'Conor's special attack upon the Court of
Appeals, it is very certain that his general
course meets the commentator Of the COM
munity, and the people feel that he is fighting
q monster with many heads, and that in
striking down Tweed he wounded but he did
not destroy it.