National Republican., 1878-08-16
A SINGULAR AND LAMENrABLE CASE.

Mr.. BENZ +. MOVES has Just been incar-
ccrated in the State prison OF New Jerscy y
under sentence of one year and half.
The case grew out of the purchase Of an
exploded life insurance company Of New
Jersey for the purpose of reassuring the
policy holders in the company of which
Mr. MOVES was president. The officers of
the exploded company, who, perhaps, ought
TO be in Mr.. NoYEs' place Ut Trenton now,
were too sharp for him in the trade and
transfer OF the assets of the bursted COM
pany TO that represented by Mr.. NoYEa 1t
is alleged that they grabbed portion of
them, then charged him with conspiracy
to defraud the policy-holdcrs had him
indicted, arrested, aud convicted on the
testimony of the men who had SHARED in
the pork, aud under the forms of Jersey
justice, which is Jersey lightning, he was
sent to the State prison, while his accuscrs,
who are thought to be the real criminals
go unwhipped OF justice.
The case Ia q sad Que, for we think Mr
MOVES entirely innocent OF any intentional
wrong in the premises, but he fell into the
hands of the Phlistincs and is the sufferer,
The Newark n. J.l DGiy HdrTtiSer, in Ie-
viewing this case, says
We are accustomed TO boast Of the admins.
tration Of our criminal law, but there is such
A thing - pushing the dispeusati0n Of Justice
~ extremes. aud this case seems to suggest o
defect which ought 10 be rcmedied. Mr.. SoYEs
was convicted OF conspiracy TO dcfraud an in
surauce company. This is vague crime, and
very few have any definite notion Of its ma.
turo. In fact, 1t would puzzle the average
hvlnIa to extract from the book Ot four hun.
drcd pages, containing the testimony, any
clear idea pf what Otiense Mr.. MOVES has com
nittcd. But we do not intend to reopen the
facts Of the cnsc, except to call attention TO q
lcg.. phase OF the matter, Important and
novel questions Of law were raised IN the course
ui tho trial The validity of the conviction
d"pvu led on them. They were necessarily dis
cussch and decided hastily, as must always be
the case in the hurry Of jury
trial Exceptions were taken, and
all of these questions remain for
deliberate consideration IN the higher COurts
We long ago emerged from tue barDarsm
which IN England denied TO person tried for
crime the right to have legal questions re-
viewed. 1t * reproaeh 70 the adninistra'
ton Of criminal law In the United States
courts that such right Is still denied there.
Aiter the expiration Of his term after the
, torture and the ignOminy-he may have the
satisfaction of walking free man from the
prison to the State.House, TO hear the Judges
decide that he ought not to have beeu con-
victed at all. His fine, IL paid, can be rccpv-
cred, but for the wounds Of body aud spirit
there is no possible salvo For the wrong thu
, State has done 10 the citizen there Ia NJ
: earthly remedy. He can ouly be pitied ~ th'
| innocent victim OF the inexorable working o
the regular legal machinery, aud nobody Ia 4
blame is It not mOCkeTy thus 10 confer
7 right aud make Its enjoyment impossible
, Does II not practically asshme that there cal
, be no serious danger of error In these lowe
criminal tribunals Add II this Il Indeed tn
case, why ~ carefully provide that writ q
error shall be writ Of rightf
, Scarcely in the history of the Judiciary q
p this country has there case arisen whlc
e has been attended with as much real hard
l ship as seems to environ this one, We ar
0 constrained by his antecedsnt life, and tn