New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-25
ANOTHER BK7RAYAL OF JUSTICE


| Co long M the law comrels the selection OF
,urors under limitations Instantaneous to the
State. permitting the rejection of intelligent
and conscientious men simply because they
have read the newspapers and formed impress
sions. lust 80 long will a premium be placed
upon ignorance and depravity as qualifications
for jury duty. Just so long also will gross
abortons of Justice such as the disagreement IN
McQuade's case, continue to offend the public
and make its prosecutions a farce. Just 30
long, too, will political brigands levy blackmail
with impunity and drag the good name OF tho
people into Infamous barters. There never
was clearer proof of guilt than the evidence
against McQuade. If a hundred men should
level their fingers at prisoner and say. " | saw
you do it," no palmer proof of guilt would be
afforded than the web of circunstantial evil
dence tracing his course of secrecy, darkness and
corruption which the Dstrict-Attorney wound
about McQuade- perfect, unbeatable
mcshes eliminating in the confessions of Full
graft and Duffy. There was no escape from the
fact that the prisoner had stepped himself in
the crime he was charged with. The defence
had no case, they made no pretence OF shaking
the mountain of proof which hung over their
client. They contented themselves with enter
ing plea of not guilty, and with recording the
pleas of two other creatures whose motives
for perjury were precisely the same as
McQuade's.
Yet, out Of twelve men, sworn to try this case
on the evidence, nine of them watched the coil
fasten about the defendant, heard the revolt
ing story of his knavery, waited in vain for
him to dispel the gathered blackness, and then
calmly voted to cheat tho law and block the
wheel of retributon when it had only just
started. 1t is impossible to find an explanation
of this in the theory that these nine iurymen
were as guilty as the man they were trying.
They were simply lot of dull persons, devoid
of high conception of duty, incapable alike
of analyzing intlicat evidence, and of compTe-
bending the atrocity and danger of the crime
they were there to punish. They were just
such men as our present law encourages cum
ming lawyers to obtain as jury.
The full responsibility for this catastrophe
cannot rest however, on the jury alone; neces-
sity compels us to place a part OF it rpOn the
shoulders of Recorder Smyth. The Recorder
is fifty considered fearless and an honest
Judge. He stands as bulwark between the
city aud its criminal classes. But he fell far
short of his duty just at time when he should
most careful, if justice must suffer, that neither
renlissness nor error on his part should con-
tribute to its defeat He tired McQuade on the
same plane as he would try petty offender.
He seemed to lose sight of the hideousness of
bribery, and of the perils to which it subjects
the people. He failed to stimulate the jury to
that high and fine conception OF their office
which should have been constantly kept before
their minds. His charge was weak, and in
failing to direct them to inquire into the
motive which O'Neil and Reilly might have for
committing perjury, as well as in failing to
warn them against lightly and caprciously
rejecting the confessions Of Duffy and Full
graft, the Recorder made the fatal mistake
upon which the nine jurors based their conduct.
This lost ground must be retrieved. The
forces which have combined to defeat the ends
of Justice must not succeed Mr.. MARITIME has
done we'll to secure an immediate retIial. If
a second failure ensues the people will have
reason to despair of any protection against
such bandits McQuade. and may prepare
themselves to be Knocked at by all that low
rabble who feed like vermin, from the springs
| of political corruption.