The evening world., 1890-04-03
ESCAPED JUSTICE.
Corrupt ShSri1PS OilCeTS Again De.
nOunCed by the Grand Jury.
Bribery Unpunlshed Because Of
Defects In the Law.
A Strong Prescntmcnt, Calling for
Penal Code Amendments.

Tho Grand Jury finished It's work to-day
for the term by bringing in another scathing
prcsentment against the administration of
the SheriiIs Office.
II was read to Judge Fitzgerald in Part 1.
Of the General Sessions by Foreman
Rhoados, who asked that copies be sent to
Gov. Hill and tho Legislature.
Judge Fitzgerald promised to do this and
then discharged the Grand Jury, after
thanking them on behalf OF the public Tor
the excellent work which they had accom-
plished.
The presentment states that since the
filing of the presentment of March 25, in
tho matter of the Shcriffs Office aud Ludlow
Street Jail, the Grand Jury have continued
their Investigations into the abuses therein
referred to. Additional evidence has been
taken and the conclusions expressed In that
proscntmcnt are adhered to and reiterated
1t IL stated that bv reason of defective
penal laws some OF the grossest acts OF cor
ruption in theSherifrs Office cannot be made
tho subject of criminal indictments,
ard the Grand jury recommends imme.
Of furnishing acts OF corruption committed
by public officers and their subordinates.
The gist of the prcsentment u as follows:
tho crimiua laws demand prompt revision
in order that acts Of this class shall receive
proper punishment
" instances OF individual depravity. In
volying the acquisition of personal gain
under circumstances warranting extreme
measures, have been numerous III the do
partment under inye,stlgat.on, ny bnt ,, except
petrators have escaped q penalty.
THE provisions of the Penal Code rela-
tive to the receiving of Rratuities and re-;
all NNr 1.Nt, Nr tn Al .tfl nial
acts or the performance of official duty ap-
ply only to executives and administrative
officers: not to the Sheriff, Deputy Shcrifis.
or other persons connected with the affairs
The provisions Of the Code Of Civil Pro-
cednre are likewise az unsatisfactory"
These provisions aud others intended to
cover all cases where gratultics are received
by officers or subOrdinates are readily evadcd
by tho persons lainst whom they we're ap-
parentIy intended e, apply upon prstext and
courts a. possessing technical merit
For these reasons it has been substantially
impossible to prepare specific charges
general general 'S system en- 'Of Of Corruption in n the
SherH's office for any, Of the specific
instances of completely therein, within the
limits of judicial determination, against
which the attacks OF Zcalons and able law
yers could not be successfully invoked on
grounds which do not involve the truth OF
the charges.
to the deputies or special deputies. Clerks
md other subordinatcS in the Sheriff \
Office have been equally concerned in IL,
and az against these latter persons no
provision of law whatsoever EXITS under
which they can be punished because
they are not public officers, and
in acts OF others who are being
proven, il is doubtful IL within the rules of
criminal law the subordinatcs can be joined
as aiders and abettors.
The Grand Jury insist that any provision
Of law making tho improper acceptance of
money in reference to official conduct a
misdCmeanor IL entirely improper and in
consistent with the serious character OF such
acts ,....,,.. ,..,
ling the administration of public affairs and
bringing them into disTeputo ana Ill favor,
80 deeply concern the public welfare that
any person guilty thereof commits an Of
fonRo of the gravest possible character and
should receive exemplary punishment.
lealfirming the recommendations con-
tanned in the previous prcsentment. the
so battered and amended that no public officer
or person holding any subordinate position
in any public office. should be permitted To
receive any consideration whatever for his
services, except in payment OF his lawful
salary or fees.
"0nenses against the law, when 20 re-
vised. should be declared by law felonies
punishable by imprisonment in State
prison: and the Grand Jury earnestly
recommend that the Legislature, without
delay, enact u proper measure Iemedy!ng
the defects OF the existing criminal laws III
this respect.
New York. April 2. 1890.
by the Grand Jury,
joins HARsES RHoIpEs. Foreman.
j. Bowers Lee, Secretary.