New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-20
CRIMINALS AS WITNESSES.

VETO by THE GOVERNOR OF TIE BILL AUTHORZ-
ING THE REMOVAL OF CONvICTs FROM PRISON
TO TESTIFY IN COURT.
ALBANY, March 19.-GOvernOr Robinson sent
to the Senate to-day q accompanying Senate
Bill No "a, entitled act 10 amendsecilOn l. article
l. title chapter Of part Ill., Of the Revised Statutes,
entitled "Of the writ OF habeas corpus and certorari
IN certain cases." which he returned without his ap-
proval. Tho Governor says
The rule which prevents persons convicted or infamous
crimes from testifying in courts OF justice Is old as the
foundation OF ouf law. IL established In wsdoi
aud has been approved by experience It IS thongnt
that person who has been found guilty OF murder
robbery. arson rape false swearing or other aroces
is not worthy of belief, and that testimony
thus SS Of tiffany nnd of honest es en
and that he had crninaly taken the life or prop.
the rights of another The disqualification OF this law
has long protected the rights Of the innocent from the
Rwe settled Principles Of our law swept away by the
thirteenth chapter of the new Code of Procedure, winch
obitY of the infamous was abrogaed Section s32 OF
that Code the disability and places the convcis
in All prisons on the same level with the best men
who are called witnesses III the courts.
Besides purest of citizens the worst Of felons may
of Justice 1t is pertinent that should discuss this
innovation further than to make clear the faults OF the
bill herewith returned. Under the section OF tee Re-
yised statutes which this bill proposes to amend. the
courts have no power to take, on haoeas' from
the walls of prison. "a condemned feon, during
the term for which he has been sentenced that, de
spite the section Of the Code which have quoted.
take possession OF convict 10 his evidence. The
present bln removed that disability OF 4. tne
s sC@Its and supreme Court Judge every judge
of any local court Of record may order any or all ps-
oners confined in prison. peniteniarY or jail under sen
teuce of death for murder or arson under sentence o.
lifehnursoninent for maDslaughter. rape, perjury,
robbery or other crime, TO lie taken IRON their
cells 10 the remOtest limits OF the state and there pc
held nj the pleasure of the Court 10 testify IN any trivial
sIit between two private parties for their accomno-
daiion believe that this Is not only nwse out eA'
tremely wrong. . , - g.. +,
over 900 convcts at least Oncha OF these are per
sons whose liberty Is dangerous; many hundreds are
dcr life sentences for the yiest and most brutal crimes
The effort to convey them on lOnS journeys through
ali uarts of the State will inevitably lead
10 many escapes and will endangcr the lives Of those
who have them in charge, such as may assist them
Yet y the OF this bill, whenever an apparent case
is made the Court is bound 10 order such bringing OF
the fen a. witness IL take the murderer iTon his
cell tho day before his execution it may call any
uumbPr of cOnycts from our prisons AT once.
In may subject the officers OF orr penal institutions
TO all dangers OF escapes rcvolts aud conflicts ne
of prison. but in public highways and conveyancas
Al he best, and If this danger he avoided. the
bringing Of the West feons from the prison cells into
court and the witness stand returning them again
from the witness stand TO the prison cell, cali
not he regarded otherwise than as poiiii-
not imagine any necessity for such an extra
ordinary innovation / have never known the due
ADMINISTRATION of Justice to be mpeded from the want
OF testimony from the prisons ana penitehiaries' u Is
trme that there persons who ought not to he thcr
and who not utterly vile and unworthy In all suc
cases where their testimony Is absolutely necessary To
prevent failure Of Justice, the Governor has
Inc power, and has uniformly exercised 1t, Of
granting a pardon with restoration to cltl-
Zcnshp, which enables the witness 10 appear
Inon ire stand under favorable circumstances
than wond Surround him If he were brought from PRISON
into court to be taken hence to prison again In my
judgmentthc efficiency and purity oi the
the law in these respects as IL Aas stood for ages.