New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-17
A STAY FOR STEPHENSON
JUSTICE GAYNOR GRANTS THE ORDER
FOR THE CONVICTED EX-CAPTAIN.

AN INTERESTING OPINION HANDED Do"N-THE
COURT AI.I.rDEs SIGNIFICANTLY TO THE WAY
SUPERINTENDENT BYRNEs MADE HIS FOR
TUNE AND COMPARES HIS CASE WITH
THAT OF THE GUILTY CAPTAIN.
In Brooklyn yesterday Justice Gaynor. Of the
Supreme Court. handed down long opinion In which
he granted a stay on appeal In the case OF ex-fohce
Captain John T. Stephenson, Of the Leonard-st
station. in this city. who IS now under sentence OF
three years and nine months in State prison and
a fine of 81 900 for receiving bride Of two baskets
Of peaches for allowing merchant to keep his
goods upon the sidewalk. Some Of the points RAISED
in Justice Gaynors mind are interesting.
81 think" says the Judge there is reasonable
doubt OF the correctness OF a vital part or the
charge Of the learned trial Judge. II WAS the duty
of the learned trial Judge to instruct the jury
clearly and ungrudgngly in behalf Of the Defendant
that, in case OF reasonable doubt whether MS
guilt is satisfactorily shown. he Is entitled 10 an
acquittal 1t seems to me that there is reasonable
doubt whether the learned Judge. after charging
the proposition which the defendant was by law
entitled TO the benefit OF. N all Its fuiness ana
expressiveness. did not straghtway so reduce ana
minimize Il by what he added 10 fall short or
submitting It IN its full force and meaning IL Is
a rule of criminal law that the quit or the ac-
cused must be fully proved Neither a fair pre-
ponderance of evidence nor any weight OF pre-
unless 1t generate full belief OF the fact. TO the ex
clusion OF all reasonable doubt When we say that
we have conclusively proved a thing. we mean that
II follows as the only reasonable conclusion that
NAV flow from our facts. We do not mean that
we have that actual knowledge which precludes
the possibility OF any error or any mistake Inc
word conclusvely has never had such meaning
The rule OF reasonable certainty which the learned
fudge laws down as excluding reasonable doubt
seems to me doubtful But In a criminal action
the Jury may not convict because on the whole they
are reasonably certain OF guilt On the contrary. 10
convict they must be without reasonable doubt
though the preponderance OF evidence oe o' 'o
side Of guilt.
Il have looked into this case with all the more
care" SAYS the Judge. because 1t is one In when
It Is not less important that all the forms ana APP
pearances OF practice be carefully observed than
that Justice itself be done. The defendant captain
OF police was convicted OF receiving two baskets OF
peaches for refranng from doing his oflcial duty
1t is, therefore. wholesome that should not alo-
gether ignore the statements that others who are
his superiors are without prospect OF punishment
or reprobation. though they stand accused or in
deed confessed OF having received large sums Of
money even hundreds Of thousands Of dollars. as
gifts from individuals for having performed official
duty or for the way in which 1t was performed.
II there be even In casWstry any distinction pc
tween receiving private gifts for doing official duty,
or for not doing IT, by any pubic ofhcer. whether
Governor. judge police official. the moral sense
OF civilization has received, much less toll
Grated H. The circumstances surrounding this de-
PENDANTS case make manifest the grave necessity
before he be finally imprisoned, lest his conviction
afording disagreeabe contrast, prove more de-
moralizing to society than his acquital would have
been for through mazes OF sophisiry and masses
of immaterial facts and suggestions the aggregate
mind goes straight TO the mark.
'I.e the. certificate be prepared. bail to be fixed
notice"