The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-01
indictments or City Omcials.

The Aldermen who two weeks since in
dulged in so much hilarious levity over
Recorder Hackett's charge to the Grand Jury
have at length found that it is no laughing
matter. They affected to think at the time
that the Recorders charge was freak Of
judicial lunacy, and talked of instituting an
inquiry into his sanity. They have lived to
learn that SO able a lawyer as District At
torney Phelps holds the same opinion as
Recorder Hackett respecting their in
dictability, and grand jury, acting
with Mr.. Phelps assistance and under
his instructions, have found true bills
against fifteen members of the Board Of
Aldermen and four members Of the Board
of Health. These indictments were brought
into court yesterday, and nothing remains
for tho accused parties, Of late so hilarious
and defiant, but to prepare for their trial.
The indictments having been found ac-
cording to law the inculpated parties are
entitled to a fair and impartial trial. We
will not PREJUDICE their case or attempt to
prejudice the community against them. A
great point is gained in establishing the
principle that members of the Board Of
Aldermen and Board of Health are not
irresponsible, and that their neglects of
duty or violations of law subject
them to heavy penalties Of fine and i'm
prisonment. It is satisfactory to know that
these officers arc amenable to law and liable
to be prosecuted as criminals. Ii long inn
punity had rendered it doubtful whether
we had any laws against arson or burglary
indictments for these crimes would have q
salutary effect rs proving the state Of the
law, even If the particular criminals should
have good defence on their trial. Their
guilt or innocence Is question for q
Jury; and it is satisfaction to
know that if the prosecution breaks down
il will be merely for want Of evidence and
not because there is no law against this
class Of misdemeanors. Let the trials re-
suit as they may, the Aldermen and Board
of Health will be convinced that they are
responsible 10 the law for their official con-
duct, and we shall not again be RECALLED with
a spectacle Of scofnng official mirth at the
bare idea that the law has no control over
tho ACTION Oh ueu III poSltlOuS ol trubt.
Recorder Hackett has rendered great ser
vice to the community by this demonstration
Of an important legal principle.
Recorder Hackett has very properly de-
clincd to take any part in the trial Of these
indictments. The noble and jealous stand
no took in his charge to the Grand Jury
might cause questions to be raised as to his
impartiality US the presiding judge in the
trial of these cases, and as soon as the in
dictments had been brought in and
no had commended the Grand Jury
for the courage and faithfulness with
which they disc harged their duty he an
nounced that the cases would DO transferred
to tho Court Of Oyer and Terminer. The
indicted parties can make no objection to
the tribunal. If they are convicted after q
fair trial it will be because the law and the
evidence warrant their conviction, and not
because they are arraigned before oour'
which is prejudiced and predetermined
against them.