New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-27
TIE Bribery CASfS AND THE JODGh's
Dirty.


The issue which a jury really trirs in all cases
where it is claimed that public "incers act'on
was influenced by improper c"nsi 'erations Is
one of motive. The jury sits 10 Judgment on
his motive Direct evidence that SUCH crime
was committed is mt only weil-nigh Impossible
to secure, bat under III 'st circumstances IL
wouid be OF doubtful character anyhow. Cir-
cumstantial evidence, in the very nature OF Tue
crime is the most convincing. E'pre'a'ly ~
this trus in cases like the Br 'adwhy pr'Dory,
where the corr 'pt agreemrn! vas not eApr'0So"
but Implied II il impossible to bring an '''-
Piled agreement into c"urt. 1t must o"
mr. we'd. If at all" as istice Barrett charged
e by circmms antIsl evidence"
The recorded proceedings by which the
franchise was granted are the ciIcumst'ht"'
evidence which tends to prove the impn"''er
motive of the Alter neu VIC vote IN 'tS lt""r'
The report OF the Il ,ilr"ad COMMITTEES IN favor
of the Sharp people, Written, rs IL WIS., w
Sharp's lawyers the first grant ut the franchise
upon that report; the Mayors veto; the L>ddy
Injunction its removal four days later ny
pavment of $4,000 to Lydly; its hurried dis
solution that night. August 20; the night o'
Moloney the same riiny, stormy night I" SUM-
mon the AderUen to meeting early tte
next morning. notwithstin linz the Tact that
thrv wouId meet two ,ys afterward in an al
iournrd session; the fraudulent char ,cter OF
this call: the meeting of w lite with Richmond
and Bright the next moruing. aud his receipt
from then, of the order dssoving the Lyddy
iriunct,on the secret morning session at which
the veto WAS ov ridden and the franchise
passed the public clulnr against this fraudo-
.l,,rt aslnf
SrarD of te,ms more in harmony with the
public demand and the final passage OF the
franchise on these terms, these are the c'rcnm-
stances, unusual, dark, mysterious, irregular
aud hurried, which Indicate the bad motive Oh
| the accused.
In addition to them the District Attorney
| produces a confession from one defendant
| made to a detective officer (which he afterward
repudiates), and in the second case the
| ev;dence If the two inforners who reveal the
whole plot in all its Disgusting and arr'cions
detail. This is the direct evidence establish
| ius the body OF tho crime. The defendant
meets these revelations only by his own denial
and that of others whO if he be guilty are
| guilty with him.
These cases are unique, and from their IN
tricate nature as we'll as from the ioathsome,
,reacherons chat acter of the crime. they impose
a very serious duty upon tho Judge who tries
them. Ia the performance of bis obligations
Recorder Snyth's course is simpiiied from the
fact that he is not required to define the law
nor to pass for the first time upon the evidence.
| That has been done already. The stability OF
the ind,ctm ent is established. The train OF
cirrumstantial evidence is said by tho Court oil
Appeals to indicate " the operation OF unusual
| motives and influences, and when Interpreted
in the light of the confession to be "str0ngly
corroborative of its truth" Thus the two most
powerful weapons of the defence are completely
shattered. Ii, % the retrial of McQuade. the
Recorder will keep constantly before the jury
an exalted notion Of their Office. IL he forhid'
the hideous idea that the offence charged car
be technical or light in its character or effect
if he keeps the relation of facts and events
clear in their iuinds, and most OF all. 1t ht
points them to careful examination ot the
motives under which the evidence OF " ate,
Fallgraff and Duffy is given on the ons hand
and that of McQuads's companions on tn
otner. the public viii hay reason to hope tina
the result will not again be a miscarriage o
Justice add a reproach upon our system o
criminal inquiry.