The New York herald., 1879-08-03
NEW YORK HERALD SUNDAY AUGUST l87a-QUADRuPLE SHEET

teption TO appear a witness at the trial.
he Is lucky he may get oaii at
there until it pleases the court the defendants
counsel to let him go upon the stand. All TINS TOO,
IN the face OF constitutional enactment whch de-
clares that witnesses shall not be unreasonablv de-
tained.' There used to be provision by which
nonresidents saved from the alternative or de-
tention but that has long been abrogated- Sergeant
Combs remarked to the reporter that such cases
as those described not unfrequently happened and
were the severest that came under his notice Wit
nesses who were IN his charge to testify IN some
honicidal case we're nearly always detained for
three mouths In minor cases. where witnesses
We're confined at great disadvantage. the Sergeant
said he generally notified the judge having jurisdic
tion who would hasten the trial II it lay within his
power When the reporter called the longest case OF
detention in the house was that of Ryan. the bar
tender who is to testify ut the trial of Shevelin the
watchman. accused OF completely in the Manhattan
Bank robbery. Ryan has been there about two
months. Bella Johnson and George Taylor. wit
nesses against Chastine Cox. have just been dis
charged after nearly four weeks detention. There
are less than dozen boarders now, whereas there
are usually about double that number. The house
Is capable of Diging over sixty. A month ago the
number Of those in detention was down to five.
WITNESSES LOCKED UP. DEFENDANTS BAILED.
The most exasperatng of all conditions observ-
able at the House of Detention is where witnesses
detained while the persons against whom they
to testify are able to get bail 1t does not happen
very often. yet often enough to be glaringly unjust
Even complainants some ines held witnesses.
while those of whom they have complained are left
at liberty. This is notably the case with complain
ants against policy dealers where the defendants
always able to find bail. During the year ending
July 1879 there were twelve cases of violation OF
the Lottery law when complainants were
sent to reside in Mulberry street WHILE it is
safe to presume, the dealers retained their
liberty if they did not even continue their
business. The state of affairs often comes
about in other cases, and tends to give an impress
sion that the perpetrator of misdeed is less
responsible before trial than person who Is I'M
fortunate enough to have witnessed it or to have
been the victim.
The longest if not the hardest. experience in
ficted on y witness in the House for Detention be-
against Real, the murderer OF Policeman Smedick.
He 204 days in detention. Maggie Jago. who
charged u Battery policeman with assauting her.
detained nearly six months; and there have
been many other cases hard as hers.
ELEVEN
No stronger denunciaton the abuses Of the
House for Detention has been made in the past than
by Mr. Thomas q. Acton ex-prcsiaent of the Police
Board who said, in his annual report of 1865
1T scarcely be realized by the people that in
this age and country where accused persons and
convicted criminals humanely dealt WITH
there institution established by law land well
fled) for the Imprisonment of persons not even
charged with auy crime OF offence.
"rhe witnesses generally poor. without friends
in the city. Some of them have families dependent
upon them for the necessares of life. They are all
innocent, and have a natural right their liberty
and the earnings of such employment or business
they may choose to follow. Yet, in derogation of
these natural rights. they arbitrarily imprisoned
upon the claim that the public good demands their
pr sence and testimony in public trials
''In some the innocent witness Is imprisoned
while the criminal is at large bail and finally
capes punishment. not unfrequently without COM
ing to trial. In some cases. where the criminal is
convicted, the witness suffers longer Imprisonment
than the criminal In not . few instances the per-
son against whom the offence was committed has
been imprisoned. while the guilty party has been
allowed to go at large and escape punishment
"rhis system instead Of aiding probably tends to
embarrass the successful punishment of crime Per-
cognZant OF facts which II known would tend
to the and conviction OF criminal endeavor
to avoid the hazard of being imprisoned witness
for an uncertain period by concealing their knowl-
edge refusing to appear al prosecutor or witness
Ii they themselves the victims of the crime they
often prefer to suffer the wrong. whatever it may
have been, rather than incur the risk of further
wrong by being imprisoned as . witness.
1.-The current expense of this institution for the
year. paid by this department, has been SS, ,494 81
The property occupied for this purpose is worth
probably more than $780, 900. and would bring
annual rental Of $4,000. making total cost of
SIS. .494 81.
.Such oppressive measures ought not to be toler-
ated in free and Christian country il there is any
remedy to be found within the scope of legislative
authority consistent with an effective enforcement
OF criminal laws.
WHAT Is THE REMEDY?
All the officials whom the reporter encountered
held the opinion the evils OF the SYSTEM
but not very clear in their ideas of what the
remedy should be. They seemed to regard the pres
ent mode OF OBTAINING witnesses as much better
than the one which formerly existed. and thought
the difficulties in the way of further improvement
great that they had never seriously reflected
upon new plan. Superintendent walling was
strongly of the opinion that something ought to be
done to people visiting New York from deten-
In 1857 Mr. Seth Z. Hawley, the chief clerk OF the
metropolitan police drafted bill that intended
to remedy the evils of the system of imprisoning
witnesses. 1t provided that any witness committed
to the House of Detention should after proper
notice to the prisoner his counsel afordng oppor
tunty for purposes of crossexamination be entitled
to give his testimony to the District Attorney and
thereupon be discharged on his own recognizance if
unable to procure bail for his appearance at the
trial. The testimony taken was to be
used at the trial, provided tho personal
attendance of the witness could not be
enforced by the Court Mr. Hawleys bill duly
presented the Legislature passed both houses and
was presented to Governor Hoffman for his sigma
ture. Judge Bosworth, then President Of tho Board
OF Metropolitan Police, wrote urgent letter, and
seconded by many prominent citizens who de-
sired its adoption but Notwithstanding every effort
Governor Hoffman returned the bill without his sig
nature
Again, in 1869. the attention Of the Legislature
called the unfortunate position OF witnesses who
were expected to testify at the trial OF criminal
but unable to give bail for their appear
ance.
RECORDS HOUSE.
Below is Q statement of the number of persons
annually detained, with the aggregate number of
days spent in the House,
No. Of No. of