New-York tribune., 1886-02-25
IN AN ILL-GOVERAED CITY.
AN UNSAFE PLACE FOR PERSONS AND
PROPERTY.

OF THE CRIMINAL LAW.

OF THE CRIMINAL LAW.
From 1dcance Sheets Of the Magazine The Forum
In inouiring INTO the causes OF the nnn-en-
forcencnt OF crimin law let first ask the policeman
why did not arrest the lw-Dfcaker ~noe cIG M'is
or ~ timdlty The answer OF Incidence
is that would inv owe some decree o OpP&i 81
"on cont and for this it is better to allow he
lesser breaches of the law TO pass ana SO
the thrown utU the street 10 pieeu
aud ho a9o saloon keeps open Tres al hs ns e 10 ar
horse reed the peril of the pedestrian, Whlie the
policeman knows about it than fariner ln Tue
rntal districts The answer o! disbursement is that
the arrest wond ouy be followed by dischare III court
through insuflciency OF evidence Une csd
and a reprimaud to the policeman for having made
false arrest. This answer has some Iorce ih IL 1, 9
defence OF the oil GER but in fact 1t reflects on e looe
conrts for the readiness with which tney discharge the
accused on his unsupported statement anu dgalhst
the prcsumplively unbiased testimony OF the oIicer;
The answer of timidty has relation either to personal
danger official position The former Is o very eVi o
arrested but the latter daily operative the iosr o,
being removed to pS % s of Us OF
political managers against pqcea nas SnJ co sc c"p
dare to do his duty The he nS G1 com
mttee that welds power in the ward or reelnet anu
of the ward TO bear upon the RoieSna enc ngaU GoDe %
very few who have courage enough 70 O ave Is uause
Even those who would Meet fearessy Icsiiient -, y,
avehgiug friends quail here and become conh'erS al
law-breaking
THE AUToCRATIC POLICE JUSTICE.
let rs now interrogate the Police Justice as 10 tue
reason why lie dischar ed the accused when everything
betcIeued him criminal His answer is tuat he wishes
to DC on eo1H p Tis s repuaton Of being an easy
Judge IL will bo of immense value TO hln AT tho Pos
ispecialy. If the accused in any way represents a
poca machine Of any Importance, must his interests
be tenderly cared for. The Police justice has an
autocratiC power He DISCHARGES ths prisoner, and
there is the end of the matter. There IS no appeal
have seen burglar hned $40 10y Police Jusce ana
ten discharged with oCkery of Justice, when The
criminal should have been held for trial ana sent TO te
State Prison M ten years LneTe ad uS T' is o wDc TO lake
nrOn himself tue trouble expense anu lSsl 80 d
had police Judges who hard drinkers ana IN fnli
with the depraved classes WHO were brought
indces were With riot and disorder and with law and
order. They would leave the bench 10 20 anu oaIouss
men, and the principles of justice haG no existence In
their minds or hearts II there may De none sueh % TO- Gay lay
some VINO have strong affiliations IN low direction Are
there not some who frequent tue raooh ana d t not
some who would bend everything TO political posoni II
am greatly mistaken, it is our police brneh taat
chiefly needs publication. say this with 'uIi appte-
citation OF the real worth that Is there represented
THE POLITE DIsTEICT-ATTORNEY
Now II we trocced to the Distrct-AtOrney, and ask
him why he has delayed indictment until thousand
cases lie covered with dust III Ills pigeon notes MS
Is y higher stye Of ms1 than those we have
sidermg and cannot afford 10 he rough and percmrt0y
that he lOnged TO reach these cases, but tlat Is
SIMPLY impossible that the unbailole cases appeal to
his tender heart and these must be tried first and that
there are many OF these always coming up tha thc
Srao SJ atom GOES rom the chief officer
the law that no crImual he alarmed, If only his
crime is "a bailable one. Commit any msdeIneanor you
please and laugh those who would threaten yOn Win
arrest Your will only be temporary trouble OF
an hDr or so. Then your Is snugly sleeping IN the
District Attorneys dOTmitOy and you can repeat your
misdemeanor often you please. Doesn't the
District policy make this yCy free country
TIE JURY AND BARNEY.
Last of all, let us go and ask the jury why they
acquitted criminal and let as get the answer OF
these twelve We find at Is they are 40 wise aud
ready minded that they have opinion about anything;
otherwise the counsel would set them aside They are
the cream OF simplicity Then We find that the twelve
are obliged to agree, that one corrupt man in the
iury can defeat all Justice We also find that appeals 10
their emotional nature apart from all REASONING are
allowed by the court. And now, when we ask them
about this unrghteOus verdict we are not altogether
surprised to hear them tell Ms privately that they were
afraid the Judge would sentence the criminal TO npTls-
onment aud they thought that would oe too hard on
Barney; but that they had supposed he would have
been content with imposing a light hne they w0uld
have brought him in guilty In other words. the Jury
nave made themselves the discretionary adudcators O
the whole case instead of beDg deermners OF the fact
Their sympathy, their views OF punishment, then
pre,udces and their Affiliations to settle the matter
The law nothing TO do with it, They are above anc
beyond law. The thus put is one which actually
occurred the writer's experience. where the gr0sses
offence most Overwhelmingly proven, escaped all pun
ishms snt How far the result was from natural
synpathy with the accused and from bribery cannot
say the jurors Individually after the trial. gave the
reason mentioned for their verdict Of acqultta