New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-19
4 pLlJy U1GNING FOR THE POLIfE.

Tho decision of tlc General Term reversing
tho ulcmcnt Of the lower court in the case OF
Gardner. agent Of the Society for the frcveh'
ton OF Crime. must commend ltseii' VIZ '"''"'
to every intelligent and impartial mind But II
il were merely Il sound decision upon ''cn
meal point of law il would he far less inpor-
tant and valuable. 1t is in fact WHOLESOME IT,
bukc of the methods employed by 'he Ioh'e
Department 10 disgrace and punish man
whom numerous high officials OF this city d'
tcst and to discrcdit and cripple the society
which he represents. Good citizens may u'her
in their estimates of the propriety anu u'ilN
of the work done by that society, but we 40
not believe that they differ AT all In their oplh
ion Of the scheme 10 get Gardner into JAIL
The evidence produced on his trial proved mat
q deliberate plot had been laid agains; him by
officials whom his activity had made exceed
insly uncomfortable. Captain Dcvrry asi'hS'
whom the strongest accusations of delinquency
had been brought by DR.. Parkhurst ana MS
assistants was the manager OF the scheme L"
cntrap him. 1t was he who supplied Il notor-
ouS woman with the money with WHEN sil"
was instructed To purchase Garlners faV"r
This woman and the police made ont their ease
10 the satisfaction Of Recorder Smyih ana inc
iury. and Gardner was convicted and sentenced
ON the ground that he had been guilty OF cN
tortion.
The General Term has completely undone ms
discreditab. Job. pOintn-; out III language
which 1t requires no legal learning to under
stand that person who conirives 10 surrender
money with which he has been provided for the
Il ppri IL moi "a
Tin, of eytortion The statutory defect In this
instance was the ahS"nc" OF III" moilV" "i I'I
and the simple statement of that point OF law
is sufficient 10 put In clca" light the siappy
and disrcputahe device Of the prosecution. \
loss striking but not insignificant error was
committed on The trial of Gardner IN "xclndlhS
testimony 10 show that h. was acting under
the orders Of his society in his dealings wilh
thc woman employed by the polio" Ia "hShar'
him The purpose in objcctin- 10 That icsti-
monv WAS 10 diminish his chances oI cNclllpa-
,ion that was the effect Of excluding II. AMI
This incident of the trial now appears In It's
,rro Ueht ns a part Of the scheme Of pcrsccu-
ton.
In one respect this decision Is altogether "N-
tr,or,linarv The General Term does not. In
cousi1cr.ttiO of the errors OF INV Witch " VIZ
closes order n new trial. but orders the de
PENDANT discharged. las II l. apparent tliat Il
conviction cannot be sustained under inns III
dictmcnt" Whether intended or not. this Is
Il whitening conformation OF the whole theory
and conduct Of the ease against Gardner We
disclam AL thought of implying that Eccoi,icr
Smith was consciously Influenced by prejudice
, AGAINST the agent of the Society for the IRE
vention Of Crime. but it must be- obvious even
ia him. we think rs he calmly reflects upon
the situation that for some reason the clear in
sight which crsomarily guides his Judgment
deserted him during the trial Of this action. As
for the officials who made an outrageous use of
the machinery Of justice 10 crush the agent 81
the society which is rcsouicy trying To compel
Them 10 do their duty il may be- said that they
are not suffering from any new "xposur" OF
their purposes and methods. for the facts were
GENERALLY known before. But they are certainly
I'm deep grief over the defeat OF their conspiracy.
If they are wise they will not merely chang"
thcir LEGAL tactics but make mp their minds 10
enforce tho laws which they have long dcspiscd
and which the community does not mean To
have dcspiscd much longer