New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-02
TAMHANY AND THE CRIMINAL LAW.


The Tammany struggles to escape the meshes
or the criminal law go on with varying fortune
Justice Gildersleeve has quashed the indict-
ments against Scannell and Marks on purely
technical grounds. This will serve TO postpone
for little their day of reckoning but it cannot
tend In any degree to convince the public of
their innocence. The justice takes the position
that the District Attorney had no right to make
use of the assistance of outside counsel. and
therefore sets aside the indictment because such
counsel helped to present the case to the grand
jury He gives leave. however. to reSubmit the
charges, and ii is probable that indict-
ment will be found. Scannell. when first
charged with having conspired TO force mer-
chants TO give Marks a rake off, on their sales
to the Fire Department. was ostentatiously
anxious to meet his accusers Since be had
chance TO do so he has been patheticaiy anxious
not 10 meet them. 1t is his legal right to escape
trial if he can. but that course is not calculated
TO give confidence TO the voters in his admins
tration. A public officer who on the eve of an
election at which his acts are 10 be passed upon
takes refuge In techncalities TO avoid answer
ing definite charge of having defrauded the
city and practised extortiop upon merchants
would seem not to be sure in his mind Of
his innocence. AT such a moment he would
felt sure he could.
What little comfort can be taken by TamInany
in ScaHnell's temporary relief must he les
sened by the decision OF Justice Hooker refusing
a stay 10 Bissert the convicted wardman who
was sentenced to State prison for Matchmaking
the keeper of disorderly house He finds that
there were no prejudcial or material errors in
the entire case. and so declines TO suspend the
execution of the sentence pending the appeal
which Bssert WILL of course. take. Appar-
emily, therefore. the convicted policeman will
have to go TO Sing Sing and begin 10 serve his
term. That decision disposes of the Tammany
talk that the complaints of police corruption are
purely political libels. Here is man high in
influence. who up TO the last minute had the
sympathy and assistance of the whole Police
Department. convicted Of crime and now his
conviction is declared by an impartial outside
justice of tie Supreme Court of his own selec
ton to have been regular and warranted by the
facts legally presented.
A goodly batch of other policemen are await
ing the attention of the criminal courts. Cap
tain Herlihy has been unde- indictment. but
like Scannell secured dismissal purely
technical grounds. with notice from the court
10 the District Attorney that the legal evidence
was sufficient TO warrant a resubmssion of the
case freed from error and the granting of
second indictment. Glennon. Devery's own, is
under Indictment. and striving with all the
bravery Of the man who said. Maria, as long
las l have the spirit of a man Will not come
''out from under the bed, to secure delay and
Oh various preteXts escape submitting himself
to the Judgment of a trial jury. Acting Captain
Shells and Policeman Dwyer are likewise under
Indictment for giving tips TO gambling houses
of intended raids.
With all these entertaining exhibits of the
habitual indulgence of our present city officials
in crime it will be amusing to see a few nights
hence some Tammany spellbinder mount the
platform i'm Fourtcenth-st. and pour forth in an
oratund voice glowing periods in eulogy of the
honesty and faithfuness of the Tammany adj
ministraton. How triumphantly will he point
TO the records of its typical servants. many Of
whom are out of State prison because they
have been able to delay the operation Of the
criminal law by appeal to technicalities. Noble
vindications, indeed upon which to base re-
quests for vote Of renewed popular confidence.