The Phoenix herald., 1879-07-12
Justice for Sale.

4 murder trial that has just been con cluded by the conviction of two persons in Jersey City, bids fair to become $ a celebrated case" About year ago policeman in that city, named Smith, was murdered ir the night. The alarm was given by Mrs. Smith in the morn ing, and she told very suspicious story. She had been awakened in the night, and saw tall man by her bed side, who put a cloth over her face that ' tasted sweet" and she knew no more until she '' felt something cold" her husbands dead body. The fact that there were no blood-stains on her cloth ing, though the murdered man had bled profusely, seemed inconsistent with her story; everybody believed her an accessory to the crime, if not the criminal. A young man named Bennett. the landlord of the Smiths and a former boarder with them, was suspected as the murderer. When the two were brought to trial Bennett made an un- successful attempt to prove an dlibi; and letter from him to Mrs. Smith, intercepted in the jail, contained pas sages inconsistent with the theory of their innocence. A criminal intimacy was admitted by both, and thus mo  Though circumstantial for the most part, the evidence was convincing; and the Judge in his charge foreshadOwed the verdict of guilty that followed
 The community in general has no doubt of the justice of this verdict. Yet there Is a strong newspaper aglta- ton in favor of the condemned persons, on the ground that their trial was neither fair nor legal. Whether Judge Knapp's charge was a fitting one, IS for the Courts to decide; not being learned in the law, we do not express any opin- ion upon it. As to the question of fact the jury has decided that, and decided 1t correctly, beyond reasonable doubt which Is all that the law requires. The accused are entitled to every chance for life that the law grants them, and to no more. The community has rights as well as criminals, and one of those rights Is that the law against murder be vigorously enforced.
 There is just one exception to this statement. Murderers in New Jersey are entitled to one right that the law in that State does not grant-the right to be heard. Justice Is for sale in New Jersey Courts to this extent, that nO- body can get a hearing unless he has money. If he can find lawyers ready to conduct his case for nothing, an ap- plication to the Court of Errors in wolves the printing of testimony and other expenses to the amount of $500 or more. Unless a condemned criminal can procure this sum lie cannot even be heard If or his friends have money he can obtain a new trial, if he is legal ly entitled to it. If he is penniless he can have no second trial, no matter how clearly entitled to it. Mrs. Smith and her paramour are clearly entitled to have their case heard, and argued by counsel before the Court of Errors but had not persons in no way connect ed with them undertaken to raise the necessary money they could not have availed themselves of this right.
 In New York the State bears the ex- penses in criminal cases, so that the right of appeal Is preserved to rich and poor alike. It ought to be so in New Jersey. The present law Is relic of barbarism, and this case will have done some public service if 1t leads to mod ifcation of so iniquitous a statute. '' Jersey justice" Is famous for its promptness, and should prove its right to the title by speedy action in this matter.-N. J. E.cdDi1teT 05ad Chronicle.