New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-07
CONVICTIONS TOO RARE.
MURDERERS WHO ARE NOT PUNISHED.
SOMETHING WRONG IN THE DIsTMcT'ATToR-

SOMETHING WRONG IN THE DIsTRICT-ATToR-
NEY's oFFICE-yIEws OF THE HERALD"
The poor success which the DstrctAttorney's
Office has had in recent months in the trials OF men
charged with murder ih the first degree has been 50
cons picuous us to force itself upon the pubic at
tention. There have also been most unfortunate
acQuttas In the cases of several persons accused OF
offences Of less gravity In the first few months OF
his administration De Lancey NIcolPs force ach,eved
several credtable convictions, including tlose oi
James f. Mlnnaugh and Henry c. Farming Tor murder
In the first degree.
Last June the Office made It's first great failure in
court when Mrs. Ella Nelson, who shot and killed
; l.. ~ Post, was acquitted. Since that time mis-
carriages OF justice have occurred with great regu-
arity Michael J. Galivan. the livery stable keeper
who on Christmas eve, 1890, killed jones Cummings
and severely wounded Edward Hurley. was allowed 10
90 scot free Fernando Legrd1o, murderer of Carlo
MORO, escaped with imprisonment for life In
still Italian case the prisoner Preiti was
found guilty only OF murder in the second degree
General Milton S. Llttleeld accused OF defrauding
Mrs Josephine stephan OF several thousand dollars,
WINS acquitted outright. The same verdict was re-
turncd in the trial Of David ii. Ramsey. who shot aud
nearly killed his wife, His defence, that the shooting
was accidental was utterly trivial In view of al the
evidence.
Perhaps the most grevous example OF Imperfect
prosecution of all given in the case OF burton u
Webster slayer Of Charles +. Goodwin, In which the
Jury disagreed Mr.. Mcintyre, who Is only Deputy
Assistant DstctAttOney, was placed in charge OF 'e
case Nr. Siaper being called IN kind Of an AFTER
thought. Justice Andrews was convinced on reading
the evidence that Webster was guilty, but tie prose
cutors did not present their side in such way as TO
make any deep impression on most Of the jurors
1t is true that there been verdics which have
reflected honor on Mr. Nicolls staff That In the trial
~ be striking of these.
In some instances a verdict Of murder In the first de-
gree was inevitable, and would have been given no
matter what lawyer prosecuted the defendants such
cases were those Of Noah Richards, who killed police
man, and Martin d. Loppy, who slew his wife.
The recurrence Of dismal failures to secure due pun
shment for heinous crimes committed III TINS county
led to the publication Of the following striking and I'M
nressive editorial article IN 1.-THE Herald" on March 30
Is MURDER CMMEf
The electrical execution law has been on the stat
ute books OF this State three years and three mohs
1t has been enforced eight times oo s
During that period not fewer than lo0 murders err,
have been committed within the state only one oul
twelve OF the offenders has paid the penalty VI us
crime. ., 49,. .ho,o
are twenty five persons charged with homicide III tnl9
city alone now awaiting trial: NJ the l;te .hpi ,
cases are disposed Of will take several years 10 y
this number. Meanwhile almost every week brings
an addition TO the list. , ,,
Not less striking is the number OF murdererS VINO
escape the penalty their crimes, either at the hus
II ues or through legal bubbles in the courts There
is grc wing inds position on the part Of lu1es 10 con
Wet Of murder in She first degree Jurors seem 10
think their function IS that OF counsel Tor the deiehco
This tendency has been publicly noted and con.
dcmncd by three OF our judges within COUPE oi
weeks Judge Andrews declared ta ne t ouua con MD
acqult Webster Of the murder OF Goodwin on the cF
fence produced Recorder smyth sad he never rSI9
than that against PreL Yet the Jury Wouid m not
u1fO MARITIME
PEELED to use this strong and significant language:
am sorry to be compelled to say that 1t Is ex,
tho greatest encouragement by their verdlcts TO thiS
particular Kind Of crime shooting ARRAYS.
The natural result Is seen on every side OF us
Crimes Of this sort are growing more numerous daily
and in my Judgment. the blame must be placed upon
iynycl outside Of It to md excuses for the crime
The Jury box has become nursery for snch crimes.
In but one conspicuous trial lately has Vsrdic.
NJ murder in the first degre been rendered ana that
IS the one In which such verdict was n9e
warranted by the evidence. We REFER 10 the i'''''
There must be something radically wrong In the
administration OF the criminal law when homiciues
are weekly occurrences, ana ont eIsn, ns when
have taken place IN more than three years, WITH
The LIST OF untred capital cases numbers twehtyn
and is on the Increase when crimes arc 49,
before tue criminal Is brought to Iril Wien tunes
are denounced from y Py' ndre does not he,ate
10 declare that the jury-boA has become h"'o'
Whatever NAV be the cause the remedy. it Is
startling fact that justice is failure III ''p'''
eases. ,.,oD, ora tho r,,or
nlzed essentials OF successful criminal Jaw IN.
penalty must be adequate To the crime anu u i'is
Follow without delay The end in view Is nOt 80
,nncb punishment Of the offender as prOteNu1n VI
socicty Whcr0 there neither severity nor ce'rins
there Is no deterrent effect, ana when uns nus
mstice is defeated and society is exposed 70 aalscr
That the criminal law Of this state not nmm
WITH ether severity or CELEBRITY IS matter OF common
~nto,+ety Veriics ~ murder In the hNt degree hIe
rare and the DELAYS in capital cases are cnhnV '
scondaI In no country OF the world are theSe evils
30 conspicuous a. here. -, ,o.ou, ,ho,,d NOT
There IS no good reason why murdcrerS shouln NOV
no hronght 10 trial within few weeks amer arrest
yc, in his city months allowed to pass before ar
rrnment and It is often years before the ehd Oh t'le
proceedings IS reached ,,..,,o,s o,a
This state Of things can only lead 70 aweSsneSs ana
,crI unless reformed. II more criminal courts ana
iudces are needed provide f'r them y the force OF
he District Attorneys oicc Is not sufficient increaS
n II tho Jury system works In the interest e, 81
~im,rais and against the safety Of society reform IT,
7, Tho law Of capital punishment cannot be enforced
abollsh il and make Imprisonment the penalty or
Anny the remedy whatever II NAV be but do some
thing to check the reckless use ~ the KNIFE ana lhs
nIstoI md render the law effective in dealing with
crime.