The New York herald., 1877-02-10
RYAN AND OsCHWALD.
THE VETO OF GOVERNOR BEDLE-ITs REcEP-
TON BY THE SENATE.

the purpose Of receiving Governor Bcdles Of the
Ryan and OschwaId bill The following members were
present :-Messrs Ward, Magic. Hill. BLACKWELL Sil.
verthorn, Pidccck, Moore, Leaning. Mathers Dayton,
Ludlow Ridgsway and Schultzo-thirteen out OF the
full number OF twentyone President Abbetts absence
was owing his attendance trial in the Court oi
Quarter Sessions Of Hudson County. Senator
Dayton presided 70 hts stead: Soon after the
D. Hall, Private Secretary or tho Cover
nor appeared and handed in the veto. II is very I'M
The crmina al Jurisprudence OF tho State, reviews the
history Of the Ryan and Oschwad its various
phases from the time it was brought before court of
justce contains. besides, great deal Of useful In.
formation expressed in PLAIN, comprehensive lan-
guage On account Of tho Governor having had seven
lore he was elected to the Gubernatorul Office and
having prior thereto occupied place in the foremost
rrra. weight sno State Il is the ecn
era impression here, In consequence. that his veto
stands good chance Of beng sustained by both
houses. Tho following Is copy OF tho
vEro MESSAGE
STATE or New Jxasxr E Exxcua,yE ID rDrraARrxxSrl 4
To THE sEsArE:-.
No.
M N ss y %
Monday evening was immsdasey passed under suspen.
y as ,s Ss srf sssaf % : S Il:
manner nS; attempted to oyssnr1 law
ss%ias arsps.asass Il s..Pita shsrasss; s
as% tie delays and s
sss'j y Ur MY
book Tho immediate cause. evidently Of the Introduction
While engaged
n ass z! T. the
spite them until Thursday Of week in order that
The =
that tie bill il i bseomes al act will effect in the admin.
udss
This always secures judge Learned In tho law II ques
be reviewed BY the Supreme ooars the Oyer ree,
a. we'll The the
taken Is tine raht Of the accused after conviction "a
ssso sspi to the uprS%s themes Court
o
consideration II not the writ is refused After trial In
h % on % &
the the pf newly % ..
Is sustained inc evidence Notions w. siso Ss
ss' n asiss' 'ss s
NS S IL s Essex s %
pynr about two and half weeks, the investg
s sss II
the rs degree Before sentence an app isssiOn was
was doniea, after fuil argument. the Court ny
it. The prisoners shersapon the issz
sy s or s The % sn met s
session about weeks, but no application made te
been made ana communication granted il would not have
with ,as for Writ sG % whsa
applied to or snsh writ lie heard the srsumsnt OF cSgn.
ssas seass sa's rspsss gs orasssa time
allowed the constitution excepting days in order
that the might be Deliberately considered II
isrierc and hence no necessity the Court oi
raons Thus these prisoners have had the full benefit Of
respite that any prisoners were ever entitled to
The proposition now is to make OF error in capital
writ OF and to compel the Court OF Oyer and
for or not borne mind that wr @
and TINT review thereby not upon question
guilt o: innocence.
for the Of the jury Appease co%,s: only re-
vorsai except the OF the
amy sSiSsnss outside Criminal
law q s ws sS hs ny s
reasons after which generally involves
Ssa sSasns hs @ dse%sa rshs
and wi.e well as 70 the Of public that the
Chanceler 70 see r. there Is enough in them e Justify
speedy trial. and dsaas that saa
criminal but with the right te review II any
hs sSs the whose
hought good conscience a. him in an emuent degree
lion for writ and naturally incline him xys every
at the same time the Innocent suicr 10 protect
pose pos tn: law II, r. is Ssnisniiy e the one
We Be the to % S ~
s.i sseaps not II H'Ss this III viii
usually takes several months and after the pardoning
s sa win
and instantly require the Court to stay execution by that
alter the delays there he again, in tss
IT f the be @, ali 2 sd
probable the bill gives him the right TO do
b" nsa
review law in the se ns % %
fthe prisoner has MS Of exceptions or only frivolous
this; or even the record on its face perfect may still,
win 20 n the Of 6s
months delay without really having reason but tho
S s with
All the courts as but = IL $ S%ndG5
o. public and Justice The
% ra THEREBY sU so
sutcd that conviction for murder morbid
not only nm Indifference whether the punishment
s d @
dangerous fe The experience Of the past sustained
tsct society hand OF the murderer must have
% and All law proSes al
proper to and fairness Of trial.
Ss nssoy our E justly our PRIDE
1t said Oi error IS mntcr Ot
right in lesser crimes than That is but In
none does stay the There is objection while
n convict is undergoing punishment to allow the
writ If lie wishes It. When the act Of 1893 was
passed providing for writs or in criminal cases
the ouy ground which appellate court could set
aside onvie,"n for error on the face q the
which was almost always formal and simple. right the
writ avaied nothing That kind OF review could well be al
lowed in crimes murder. for rarely II would not
amount anything. while In murder IL not permitted
as OF course because II delayed the execution; but any
alleged the chancellor could see
likely and then grant the writ This the
condition the law New Jersey until s4s Gaws Of
4s page 227, when by statute bills of exception were
allowed In crimes aud msdemcanors punishable
by hard labor That continued TIL 1889 aws o. 20 page
B4S OF 1SS repealed and bills OF
ton permitted only in the higher crimes including murder
Aerwar In 1863 the statute OF 1913 was substantially
restored Previous lSS the rulings OF the court could
not reviewed writ OF la criminal only
by case referred Previous to 1855 rulings In murder
trial could only be reviewed Ia the same but the Oyer
in any question of doubt difficulty would Tor its
guidance seek the opinion Of the Supreme Court That
practice still exists. Bills OF exceptions In criminal trials
modern They obtained In the progress oi
the the prisoner chooses and
ought In plain justice to the public when murder
has been committed. to be some power which, without
I.I.. ,,tpa uV1n rta vha fbar tla ny