New-York tribune., 1904-09-22
D. CADY RERRICK.

The much lauded 'open convention wnlcn
UP TO the hour Of assembling yesteroay ulu
not know what il was 70 do and ralneF eA-
pected TO be told to take NIr. Grout. oDeuentIy
and unanimously nominated Justice D. Cauy
Herrick, who had at the last moment Oeen
agreed upon by Hill, Sheehan and Murpny'
under strong pressure from Judge Parker 20
appease Tammany By dropping GFout- Inc
delegates had as much to say about 1t as ABOUT
the rise and fall Of the tide OF the Battery
The strong man desired by independent Demo
Gratis, such q man as Mr.. Shepard, Mr. GrOut or
Mr. Jerome, was ruthlessly thrust aside, and
the most notorious example OF judicial tmprO-
prlety in the State OF New-York is put forward
by q party which is banking on judicial dignity
and strict separation Of the functions Of govern
ment. The Democratic habit Of turning In deS-
peTation to judges for candidates for political
office is at best OF doubtful public benefit but II
il IS 20 be INDUCED In at all, 1t should give US
candidates who would at least command respect
That Justice HerTick never has enjoyed, and,
however unfit he may be for the Governors Of
fee one Of the good results Of his nomination
will be the removal from tho bench Of a man
whose indecent political activities there have
been a reprOach TO our courts and have tended
to bring the administration Of justice into con-
tempt
1t is well known that David B. Hill planned
70 make Justice Herrick. in spite Of his bad
record. the Democratic candidate for Chief
Judge Of the Court Of Appeals, and gave up that
scheme reluctantly and with bad grace at the
last minute only because he and his associates
did not dare oppose Chief Judge Cullen. The
comments Of his Albany organ and the pub
lished interviews of himself and his friends
have shown plainly how the Democrats hated
to do the right thing and keep the Court Of Ap-
peals out Of politics. Being unable to carry out
his bargain with HeTrick In this matter, Hill
has given him something equally as good"
Justice Herrick has been recognized for
years as the Democratic boss Of Albany County,
continuing 20 be the boss while a Judge, and
concerning himself actively with the manage
ment OF ward politics. In 1898 IT was charged
against him in open court by the Editor Of 1.-The
Albany Argus" when a suit concerning the
ownership of that paper was before him, that
he, Justice. had sent for the editor and asked
him how, with the paper under his control he
would act IN relation TO the local Albany fac
lions, one OF which was led by the judge him
self. In 1901 Police Captain Diamond, Of this
city, under indictment for protecting a disor-
derly house, was taken before him on a change
Of venue, tried and convicted. New-York at
that time was dominated by gigantic strongly
intrenched system Of police corruption and
blackmail which honest citizens, In the face Of
enormous difficulties. were striving to break up.
The conviction Of Diamond was regarded as an
important beginning, and his punishment as a
blow which would frighten the blackmailers
and bring the more tmid and unwilling Great
ures Of the system to the aid Of law and de-
cency. But Justice Herrick defeated this hope
and gave practical immunity to blackmailing
by a speech from the bench practically apollo
gizing to Diamond, telling him that there was
mot a police captain, probably. in any pre-
''cinct Of the city Of New-York or in the city
'of Albany, for that matter, that might not be
convicted Of exactly the same crime" and In
stead Of sending to prison the deliberate pro-
tector Of vice, who suppressed reports against
favored dens from the records. he imposed a
paltry hne Of $1,000, which Diamond hung
down TO the clerk with the natural indifference
Of one who could afford that percentage OF the
| income Of a corrupt police captain. That ex-
hibition OF sympathy with police "grafters" by
Justice Herrick was severely commented on
at the time by the New-York newspapers. par
ticularly The World" and ''The Sun"
Judge Parker is running for President as a
pattern Of judicial propriety. While on the
bench. in advance of his nomination he could
not even say whether he was for gold or silver.
his scrupulosity has been loudly euIogized by
the Democrats who now couple with him Judge
who has not scrupled TO play politics year in
and year out, and direct faction fights OF the
basest sort IN which intimidation and fraud
played part Would the judge who has so lit
| tle sense Of what is becoming 10 his office he
| likely to have any finer sense Of fidelity to the
duties Of the GoveTnorship?