The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-29


whom the white man failed to say turkey
may not care to make terms Of peace wholly
in England's interest, and may find it more
profit table in the end to enter into a very
different sort of treaty with Russia than any
contemplated by the Times.
In the present aspect of affairs 1t seems to
be probable that England will have to make
up her mind between allowing Russia to
finish the war and make peace in her own
way, or accepting the alternative sug-
gested by the Pail Nall Gazette. A general
European war would, of course, be America $
gain. 1t would build up our shipping
make us the carriers for the world, enrich
our producers, swell the profits Of our
great railroad lines and advance the
general interests Of the country and espe-
cially of New York. The humanitarians
will tell US that we ought not on that ac-
count to desire war. Perhaps not. War
is to be deplored, as we know by our own
sad experience. But two great nations
are already at each others throats in quar-
rel which has produced many wars, and the
horrors Of the strife have not often, if they
have ever been surpassed.
Recorder Hackett Demands nm Apol-
ogy.
Recorder Hackett yesterday passed sem
tence on quite number Of offenders who
some weeks since pleaded guilty on being
arraigned Tor selling liquor without license.
AZ u, hirh
the law invests him he proportioned the SEN
fences according to the aggravation Of the
offence. inficting only fines OF varying
amounts on the most, but adding imprison-
ment in the cases Of two offenders who had
wilfully violated the law after authentic in
formation of its character. While the Re-
corder admits that ignorance OF the law
does not excuse a transgressor he holds that
it may properly mitigate the severity Of the
sentence in cases where the law prescribes
q maximum and q minimum punishment
and leaves the judge free to regulate the
penalty between those limits. When it is
said that ignorance of the law is no excuse
all that is meant is that ignorance cannot
be pleaded on the trial as bar to conyic-
ton; but it does not thence follow that q
magistrate is precluded from considering it
as o circumstance OF cxtenuation when he
comes to pronounce sentence. In all courts
or at least by all upright judges. old and
hardened offenders are punished with
greater severity than persons new to crime,
and when there is reason to suppose that
the offence is owing to ignorance it is per-
fectly proper to intlict the lightest sentence
which the law allows.
The remarkable part Of Recorder Hack
ett's explanatory statements is what he said
in vindication Of District Attorney Phelps,
who was short time since unsparingly ar
raigned by the Rev. Dr. Crosby for gross
neglect Of duty in failing to move for the
sentence Of these prisoners. The Recorder
says that the accusing divine ought to make
public apology to the District Attorney.
1t is possible that the Recorder was little
warmer in his rebuke Of DR.. Crosby's treat
ment OF MI. Phelps from the fact that he
was himself included in the same denuncia-
ton. Although he does not demand that q
public apology be offered to himself it is
the duty Of DR.. Crosby to make him one il
he owes one to the District Attorney, since
there was no more excuse for assailing the
former than the latter. AS DR.. Crosby is
hardly the style Of man to remain silent
under this demand addressed to him from
the bench of our principal criminal court,
we insert this spicy part Of Recorder Hack
ett's remarks for convenience of COMPARE
son with the expected reply
In niipg these memoranda along with the various
afdavits feel II my duty 10 shield the District At
torncy from an unmertcd criticism. TO use no harsh
noun, and which, because published to tho million
readers OF our daily press may become erroneousy
lodged in the public mind That onicer has con-
troll Of an indictment alter conviction The time for
judgments resis only with the courts ny the usage
Of this court with lis immense BUSINESS tho District
Attorney Is always credited with motion for Judg
mcnt 60 intdntcr upon plea Of guilty or when
viction by jury Is given.
sometimes, when he desires SO TO do. he emphasizes
this motion by remarks IA aid oil tho conscenco OF the
Court 1 have never found the District Attorney on
the hand tmid or irresoute, nor on the other
either persecutor or spasmodic legal machInist.
And think public apology is duo nm from the dis.
hnguishcd divine, who, am told, has cloquently
preached IRON the maxim IN the old law book Of Solo.
mon Sec Prov, XVI. so, Douay version, .srhe pa
tcnt better than tn, valiant, and he that ruclh
his spirit than he that taketh cities"
We think this would have been in some
what better taste if the Recorder had
refrained from flinging at the distinguished
divine" this text from the book OF Proverbs,
which, in the use made Of it, looks rather
too much like one Of General Buffers fa-
nous "bricks." As he has himself given
some evidence of hasty temper in finging
this missile from the bench toward the
pulpit. the Recorder exposes himself. to the
classical retort:--
"Autdto nomine. de te Jdbnia narratur.n
WINS There PlOtl