New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-16
IMMUNITY FOR ASSiSSTNS.

The acquittal Of Michael +. Cons1ne. who
was tried on a charge Of murder before Judge
Newburger, was deplcrable miscarriage Of jus
tice This Considin, case had many elements
Of peculiar interest. COnsid.ne apparently had
a number Of political friends who cNeri.d much
influence in the District Attorney office In
favor Of the murderer. His case. was trans
ferrcd repeatedly from court 10 court. and his
trial was delayed for n long time II was -
evident that Considin. had committed crime
In taking human life, and that IL was not an In
stance OF justlfiable homicide. that Consldln.s
lawyers repeatedly offered 10 put In plea of
manslaughtcr, bu; Judges Kcogh and Smyth
properly refused 10 accept such plea COnsi-
dine shot his victim close by the southwest cor
ner OF Twenty sixth.st. and Broadway. a few
feet from the ST James Hotel ut time In ihc
evening when many people were near NJ hand.
For a long time no one was shameless and i'm
pudcnt enough 10 suggest that this was Il case
OF self-defencc The man whom Considine shot
carried an ordinary walking stick. AZ the trial
the prisoner asserted that he was quarrelling
with the man who received the fatal wound
from Consdnc's pistol, and that his antagonist
had threatened 10 beat his brains out with his
cane The truth plainly was that Considinc
was in not the slightest danger Of his life. nor
was he threatened with serious personal injury.
The cane was nothing but an ordinary walking
stick and a cry for help uttered by Considinc
would have brought dozens Of persons 10 his
assistance In few seconds And yet the sim
pletons who sat IN the jury box In this case
acquitted ConsIdIne
There Is sufficient 10 believe that II the
prosecution had been conducted with conspicu-
GUS skill, ability and energy Considine could not
have escaped punishment entirely But the
Observation-Disclosures office has repeatedly dis
played much tenderness and consideration for
certain criminals for whom there could be- no
proper excuse or apology. The people Of New
York have lost all faith In the District Attorneys
office. Colonel Fellows and his staff have failed
to do their duty In many important cases and
the office Is believed by persons familiar with
the facts to be reeking with corruption. Colonel
Fellows Is not faithful public servant, and his
assistants do not do faithful public service. The
record OF the Dstrict-Attorney's office under
Colonel Fellows has been disgrace 10 this city.
This acqulttal Of COnsidine adds another dark
blot to the records OF criminal trials In New
York, and stamps a new disgrace upon the Dis
trict-AttOrney's Office. SO much scandal had
| gained currency in regard to the Consdine case
| that II was plainly the duty Of the District
Attorney himself TO conduct the prosecution.
with the jealous and energetic cooperation and
help OF his ablest assistants. The escape OF
| Considine from punishment Is wholly mex
| cusable. The Judge before whom he was tried
| Is not looked upon by the lawyers Of the world
as one Of the great criminal Judges Of the
| century II would have been far better for the
cause Of justice II Considine had been tried be-
| fore some other Judge-One thoroughly familiar
| with the criminal law, and one capable Of Civ
ing such instruction to the jury that this guilty
man could not possibly have escaped punishment
| entirely; but the DistrctAttorney's office and
the jury art most seriously in fault
| In recent address before the Patria Club Mr.
Andrew d. White made some impressive-n
| deed, appalling statements as to the immunity
which murderers enjoy in this country. Amer
| cans everywhere should reproach themselves be-
cause Of the deep red stain which rests upon the
American people for the many failures to pun
| ish murderers as they ought to be punished
Only disgracefully small percentage Of the
men and women who are guilty Of taking hui
man life in any part Of the United States receive
adequate punishment for their crimes This is
one Of the gravest and most serious problems
before the American people. Our legislators
| have been far too much under the influence
Of criminal lawyers and have passed laws which
| make the conviction Of murderers extremely
| difficult. These criminal lawyers have used
every device which INSCRIPTIONS Ingenuity and
cunning could suggest to prevent conviction,
] while Tammany Hall has debauched and cor
rupted public sentiment In this city by putting
IN high Offices in the Fire Department and else.
where men who have been guilty Of cold-blooded